title-250•250-RICR — Department of Environmental Management
# 250-RICR — Department of Environmental Management
## **Chapter 10** Administrative Adjudication Division
### **Subchapter 00**
#### **250-RICR-10-00-1** Rules and Regulations for the Administrative Adjudication Division
##### **250-RICR-10-00-1 § 1.1** Introduction {#sec-250-ricr-10-00-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.1}
These rules are adopted pursuant to R.I. Gen. Laws Chapters 42-35, 42-92 and 42-17.7, specifically §§ 42-35-2(a)(2), 42-35-3 and 42-17.7-3(2) for the purpose of assisting the carrying out of the functions, powers and duties assigned to the Department of Environmental Management and the Administrative Adjudication Division of the Department of Environmental Management in R.I. Gen. Laws Chapters 42-17.7 and 42-17.1 and any other provisions of the General Laws conferring jurisdiction upon the Director of the Department and/or the Administrative Adjudication Division. These rules shall become effective twenty (20) days after filing and will govern only Adjudicatory Proceedings Commenced after the effective date.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.2** Formal Rules {#sec-250-ricr-10-00-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.2}
A.Scope of rules. These rules shall govern the conduct of adjudicatory proceedings within the jurisdiction of the Administrative Adjudication Division of the Department of Environmental Management.
B.Construction of rules. These rules shall be construed to further the prompt and just determination of every proceeding and in conformity with the Rhode Island Administrative Procedures Act.
C.Definitions. The following words when used in the rules, except as otherwise required by the context, shall have the following meaning:
1."AAD" means the Department of Environmental Management Administrative Adjudication Division.
2. "Administrative Hearing Officer" or "AHO" means the individual(s) authorized by law or duly designated by the Chief Hearing Officer to conduct adjudicatory proceedings.
3."Adjudicatory proceeding" means an adjudicatory proceeding before the Department of Environmental Management Administrative Adjudication Division in which the legal rights, duties or privileges of specifically named Persons are determined after an opportunity for an Agency hearing.
4."Agency" means any Department (including the Department of Environmental Management), board, commission, council, division or authority within the executive branch of state government.
5."Appearance" means an appearance is defined as notice of participation in an adjudicatory proceeding which may be accomplished either by the filing of a pleading or an entry of Appearance with the administrative Clerk of the Department of Environmental Management Division of Administrative Adjudication.
6. "Certification" means a statement wherein a party attests that they have performed the requirements of § 1.6(F) of this Part.
7."Clerk" means the administrative Clerk of the Department of Environmental Management Division of Administrative Adjudication for Environmental Matters appointed by the Governor with the advice and consent of the senate.
8. "Commenced" means an administrative hearing has commenced upon conclusion of the pre-hearing conference.
9."Department" means the Department of Environmental Management as created in R.I. Gen. Laws § 42-17.1.
10."Division" means a subsection of the Department with authority to carry out statutorily designated Departmental functions including Divisions, Offices and Programs.
11."Director" means the Director of the Department of Environmental Management or his/her designee.
12."Papers" means all written communications submitted to the Administrative Adjudication Division in an adjudicatory proceeding, including but not limited to, motions, pleadings, documents and all other correspondence.
13."Party" means the specifically named person(s) whose legal rights, duties or privileges are being determined in an adjudicatory proceeding; the Division and any other person who has been granted the right to intervene.
14."Person" means any individual, partnership, corporation, limited liability company, association, governmental subdivision, or public or private organization.
15."Petitioner" means person who initiates an adjudicatory proceeding.
16."Regular business hours" means papers will be deemed filed during regular business hours if received during the hours of 8:30 a.m. to 4:00 p.m. Monday through Friday on days other than state holidays. The Department's physical, facsimile, or electronic mail date stamp shall be presumptive of the actual date and the time of filing. Filing by electronic transmittal is permitted, provided, however, an original copy of said filing shall be delivered to the AAD within five (5) days of electronic transmittal. Upon electronic filing, opposing counsel shall also be transmitted a copy of the pleading
17."Respondent" means the party who challenges an order of the Department, or any other parties not bearing the burden of proof.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.3** Jurisdiction {#sec-250-ricr-10-00-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.3}
Pursuant to Chapter 42-17.7 of the Administrative Adjudication Division for Environmental Matters has jurisdiction pursuant to R.I. Gen. Laws § 42-17.7-2 overall contested enforcement proceedings, all contested licensing proceedings and all adjudicatory proceedings of the Department of Environmental Management.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.4** Representation {#sec-250-ricr-10-00-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.4}
A.Appearance. The Division and the AHO shall inform an individual of his/her right to be represented by legal counsel in an adjudicatory proceeding.
1.All parties including intervenors, organizations or those designated as public participants to an administrative hearing shall designate a spokesperson to participate on their behalf in the hearing.
2.Parties shall enter an appearance with the clerk of the AAD prior to making a request for continuance or extension of time.
B.Continuances
1.The AHO at his/her sole discretion shall determine when a valid scheduling conflict exists which requires a continuance of the hearing.
2.Any request for a continuance by a party shall be submitted, in writing, to the AHO at least 24 hours prior to the scheduled proceeding. An AHO may waive this requirement upon the showing of good cause.
3.A scheduled proceeding shall be continued upon presentation of a signed court excuse by an attorney of record covering the date in question.
4.A scheduled proceeding may be continued upon notification to the AHO that an attorney of record is otherwise engaged on the date of the hearing in a state or federal court, or for other good cause shown. The AHO shall be informed of the nature of the conflicting action, the case name and the court in which the attorney's presence is mandated.
5.Should the AHO grant a continuance, it shall be the responsibility of the party requesting the continuance to immediately notify all other parties of record and their representatives and pay any costs that may be associated with the cancellation of the hearing.
C.Extension of Time. It shall be within the discretion of the AHO, for good cause shown, to extend any time limit contained in these rules, unless precluded by statute. All requests for extensions of time shall be made by motion before the expiration of the original or previously extended time period.
D."Ex Parte Communications"
1.Except as provided below, no person who is a party to, or a participant in, any proceeding in the AAD, including his counsel, employee, agent or any other person acting on his behalf, shall submit ex parte, off the record communications to the AHO of the AAD regarding or in any way related to the proceeding.
2.The above prohibition does not apply to a communication from a party or participant or his counsel, agent or other person acting on his behalf, if the communication relates solely to general matters of procedure or scheduling.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.5** Time {#sec-250-ricr-10-00-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.5}
A.Timely filing. Papers required or permitted to be filed under these regulations, or any provision of the applicable law must be filed with the clerk at the AAD office within the time limits for such filing as are set by Department regulation, or the AHO, or other provision of law.
1.Papers filed in the following manner shall be deemed filed as set forth herein:
a.Hand-delivery. Papers hand delivered during regular business hours shall be deemed filed on the date of hand-delivery. Papers delivered by hand at times other than during regular business hours shall be deemed filed on the next regular business day when stamped by the clerk of the AAD.
b.Mailing. Papers deposited in the U.S. Mail shall be deemed filed on the date the papers are postmarked. In the event that no date stamp by the clerk appears, papers shall be deemed filed on the date so postmarked. All papers shall show the date received by AAD.
c.Electronic transmittal. Papers transmitted by electronic mail or facsimile shall be accepted for filing so long as the original copy is received by the AAD within five (5) days of electronic transmittal and opposing counsel is also transmitted a copy of the pleading by facsimile or electronic transmittal simultaneously as well as provided with a hard copy of the pleading within five (5) days of electronic transmittal.
B.Computation of time. Unless otherwise specifically provided by law or these rules, computation of any time period referred to in these rules shall begin with the first day following the act which initiates the running of the time period. The last day of the time period so computed is to be included unless it is a Saturday, Sunday, or legal holiday or any other day on which the AAD is closed, in which event the period shall run until the end of the regular business hours of the next following business day. When the time period is less than seven (7) days, intervening days when the AAD is closed shall be excluded in the computation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.6** Filings Generally {#sec-250-ricr-10-00-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.6}
A.Title. Papers filed with the AAD shall state the Division and the file number, if any, the title of the proceeding, and the name of the person on whose behalf the filing is made.
B.Signatures. Papers filed with the AAD shall be signed and dated by the party on whose behalf the filing is made. This signature constitutes a certification that: the individual has read the document; knows the content thereof, and to the best of his/her knowledge, that such statements are true; that it is not interposed for delay; and that if the document has been signed by an authorized representative he/she has full power and authority to do so.
C.Designation of Divisions. Any Division as a party to an adjudicatory proceeding shall be designated by its name and not by the name(s) of particular individual(s) holding office, and if while the adjudicatory proceeding is pending, a change occurs in an individual(s) holding office, the proceeding shall not abate, and no substitution of parties shall be necessary.
D.Form
1.Size and printing requirements. All papers, except those submittals and documents which are kept in a larger or smaller format during the ordinary course of a party's business shall be submitted on a 8 1/2" x 11" inch paper. All papers shall be hand printed or typewritten.
2.Format. The clerk of the AAD may provide forms to be used by the parties.
E.Copies. The original of all papers shall be filed with the clerk together with such number of additional copies as the AAD or AHO may require.
F.Service. Simultaneously with the filing of any and all papers with the AAD, the party filing such papers shall send a copy with certification thereof to all other parties, or their authorized representative to the proceedings, by delivery in hand, or by U.S. mail, postage prepaid, properly addressed and consistent with § 1.2(C)(16) of this Part, thereof.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.7** Commencement of Formal Adjudicatory Proceedings {#sec-250-ricr-10-00-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.7}
A.Request for hearing. Any person having a right to request an administrative hearing shall follow the procedures and timelines set forth in R.I. Gen. Laws § 42-17.7-9 and other applicable statutes and regulations. Such requests shall be filed directly with the AAD for Environmental Matters.
B.Content of hearing request. The request for a hearing shall state clearly and concisely the specific issues which are in dispute, and the facts in support thereof, the relief sought, if any, the license or permit sought or involved, and any additional information required by applicable statutes and regulations.
C.Amendments and withdrawal of pleadings. The AHO sua sponte or upon the motion of any party may, in his/her discretion, order any party to file an answer or other pleading, or to reply to any pleading and further permit either party to amend its pleadings upon a condition just to all parties.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.8** Motions {#sec-250-ricr-10-00-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.8}
A.General Requirements
1.Motion practice. A party may request of the AAD or AHO any order or action not inconsistent with law or these regulations. Such a request shall be called a motion. The types of motions made shall be those, which are permissible under these Rules and the R.I. Superior Court Civil Rules of Procedure.
2.Presentation/objection to motions. Motions may be made in writing at any time, or they may be made orally during a hearing. Each motion shall set forth the grounds for the desired order or action and state whether oral argument is requested. Within seven (7) days after a written motion is filed with AAD, a party opposing said motion must file a written objection to the allowance of the motion and shall, if desired, request oral argument and allow three (3) extra days if the motion is sent by mail. All motions and objections shall be accompanied by a written memorandum, specifying the legal basis and support of the party's position. Failure to file a written objection within the prescribed time period, will be deemed a waiver of the objection, although an AHO, within his or her discretion, may grant additional time to a party in order to respond to a motion.
3.Action on motion. The AHO shall, if he/she determines oral argument on the motion is warranted, give at least three (3) days' notice of the time and place for such argument. The AHO may act on a motion when all parties have responded thereto, or the deadline for response has passed, whichever comes first.
B.Withdrawals. A petitioner at any time may withdraw his request for hearing, but the withdrawal must be submitted in writing signed by the petitioner or his authorized representative, or by written stipulation signed by the parties. All withdrawals must be submitted to the AAD.
C.Emergency scheduling. Any party may on motion, or the AHO sua sponte, may, for good cause order an accelerated hearing.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.9** Powers and Duties of Clerk {#sec-250-ricr-10-00-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.9}
The clerk shall have general charge of the administration of the AAD, keep a full record of proceedings, file and preserve all documents and papers entrusted to his or her care, prepare such papers and notices as may be required by the AHO, and perform such other duties as may be proscribed. Such clerk shall have the power to issue subpoenas for witnesses and documents and to administer oaths in all cases before any AHO or pertaining to the duties of his or her office.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.10** Permits/License {#sec-250-ricr-10-00-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.10}
A.It shall be the applicant's responsibility to notify the AAD and AHO of all permits required for the construction and/or operation of the facility or project, and the status of each required permit.
B.When more than one permit from DEM is required for a particular project/facility to proceed, the AHO, sua sponte or by motion of a party may, in his or her discretion, consolidate the adjudicatory proceedings.
C.After hearings have been consolidated, by motion or order of the AHO, the matter may not be noticed or heard until all applications are deemed complete by the Division(s) responsible for the review.
D.Amendments
1.Amendments initiated by applicant. Once a draft permit or application has gone out to public notice, and the hearing has commenced as provided for in these Rules, if the applicant seeks to amend such draft permit or application, it must make such a motion before the AHO. If such a motion is granted, the AHO in his/her discretion, may suspend the hearings for a period of time sufficient to allow the other parties adequate time to review and prepare their case in response to the amendments.
2.Recommended conditions of approval. Notwithstanding the foregoing, if the amendment is a recommended condition of approval of the permit/license made by the Division and has been clearly set forth in the notice of hearing then the applicant may amend its application to adopt the condition without permission of the AHO and without suspension of the proceedings.
3.If the facts upon which an application or draft permit was approved or denied are materially and substantially modified, after it has gone out to public notice, the AHO in his/her discretion, may elect to treat the modified permit or application as a new application.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.11** Discovery {#sec-250-ricr-10-00-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.11}
A.General. Parties to an adjudicatory proceeding are encouraged to engage in voluntary discovery as parties follow the rules of Civil Procedure of the Superior Courts of this State.
B.Time for filing. In accordance with Superior Court Rules of Civil Procedure, request for discovery may be made any time after a request for a hearing has been filed and shall be made in accordance with § 1.6 of this Part of these rules. The AHO, in his/her discretion may establish limits on such discovery, including, but not limited to, when discovery shall commence and close.
C.Review of Division's files. The Division must make all discoverable records available for review by the parties at a specified time and provide the parties with an opportunity to copy any discoverable records. However, the Divisions are not required to send copies of their records and documents to the parties upon their request.
D.Departmental costs. A Division shall be entitled to a fee per page for copies, and such other costs as set forth in R.I. Gen. Laws § 38-2-1, et seq.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.12** Intervention {#sec-250-ricr-10-00-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.12}
A.Initiation. Except as otherwise specifically provided by these Rules, any person not initially a party who wishes to intervene in, or participate in, an adjudicatory proceeding shall file a written petition to intervene with the AHO.
B.Form and content. The petition shall state the name and address of the person submitting the petition. It shall specifically describe the injury in fact alleged by the petitioner and set forth how the petitioner(s) interests differ from, and are not adequately represented by, existing parties. The petition must identify the areas in dispute, specifically citing each regulation where applicable.
C.Filing the petition. Except as otherwise specifically provided by these Rules or unless an applicable statute requires otherwise, the petition shall be filed with the AHO not later than seven (7) days prior to the date set for the initial prehearing conference. Petitions filed may be granted at the discretion of the AHO, provided that the parties are given notice and opportunity to object.
D.Rights of intervenors. Intervenors shall be persons who have demonstrated an injury in fact which will result from a challenged action or application and whose interests are not adequately represented by other parties to the hearing. Any person permitted to intervene shall be a full party to the hearing. Every petition to intervene shall be treated in the alternative as a petition to participate.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.13** Public Participation {#sec-250-ricr-10-00-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.13}
A.Rights to participate. In general, any person who is not a party or intervenor to the proceeding may, in the discretion of the AHO, participate in the hearing by filing a motion with the AHO. The AHO shall set such limits on public participation as he/she deems necessary to ensure that the hearing is held in an orderly and expeditious fashion. Permission to participate shall be limited to the right to file a brief. Permission to participate, unless otherwise stated, shall not be deemed to constitute an expression that the person allowed to participate is a party in interest who may be aggrieved by any final decision. A person who petitioned to intervene and who was allowed to participate, may participate without waiving its rights to judicial review of the denial of said petition to intervene.
B.Hearing hours. Whenever possible hearings shall be held during regular business hours. The AHO may, in his/her discretion, schedule an evening hearing if he/she deems it necessary to provide adequate opportunity for public comment, public questioning of witnesses or to expedite the case.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.14** Status Conference {#sec-250-ricr-10-00-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.14}
A.Status Conference.
1.The AHO may require the parties to appear for a status conference within thirty to forty-five (30-45) days of a request for hearing to consider:
a.The general overview of the appeal; and,
b.The possibility of settlement in lieu of a hearing.
2.Counsel are required to file an appearance with the AAD.
3.Parties interested in exploring settlement options may request a control date within 30 to 60 days from the date of the request. Approval of a control date shall be issued by order of the AHO. The control date serves as a stay of further proceedings before the AAD. Unless the parties file a consent agreement, withdraw the request for hearing before the expiration of the control date, request an extension of the control date, or advise the AHO in writing of the status of the matter, the AAD will automatically place the matter back on prehearing and hearing schedule. Upon expiration of the control date, if the parties have not entered into a consent agreement or withdrawn the appeal, the matter shall proceed to a prehearing conference.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.15** Prehearing Conference {#sec-250-ricr-10-00-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.15}
A.The AHO shall require the parties to appear for a prehearing conference at least seven (7) days prior to the scheduled commencement of the hearing to consider:
1.The simplification or clarification of the issues;
2.The possibility of obtaining stipulations, admissions, agreements on documents, understanding on matters already of record, or similar agreement which will avoid unnecessary proof;
3.The limitation of the number of expert witnesses, or avoidance of similar cumulative evidence, if the case is to be heard;
4.The possibility of agreement disposing of all or any of the issues in dispute; and,
5.Such other matters as may aid in the disposition of the adjudicatory proceeding.
B.The parties may meet prior to the initial prehearing conference to exchange and consider all documentary exhibits. As to those admissible without objection, counsel shall affix sequential numbers and shall prepare a descriptive list in numerical order of all such exhibits. The parties may also consider the qualification of expert witnesses and as to those who may be qualified without objection, counsel shall prepare a list of such qualified persons and the precise area of agreed qualification.
C.The parties shall submit the following to the AHO at the commencement of the prehearing conference:
1.A typed or printed list of each party’s proposed witnesses and their addresses with a brief statement of each witness’ anticipated testimony; specialization areas for proposed expert witnesses; and the precise area of qualification for agreed experts.
2.A typed or printed list of each party’s proposed exhibits which provides the following information:
a.A description of each document.
b.Identification of the document by reference to the offering party and assignment of a number in sequential order.
c.Indication whether the document has been agreed to be admitted as a full exhibit or is to be marked for identification.
3.The actual exhibits identified and marked as indicated above.
4.A typed or printed statement of proposed stipulated facts and agreed issues to be considered at the hearing signed by the parties.
5.A typed or printed statement of any additional issues which a party determines should be considered at the hearing.
D.At the prehearing conference, the AHO and parties shall specify the burden of proof for the hearing and that standard shall be announced on the record. In matters in which a violation is alleged the burden of proof shall be on the Division. In matters in which a permit or application denial is at issue the burden shall rest with the applicant.
E.All preliminary motions (including but not limited to Motions for Summary Judgment, Motions to Dismiss, Motions to Suppress or Exclude Evidence, Motions for Protective Orders and Motions in Limine) must be in writing and received by the AHO by the date of the prehearing conference.
F.A party shall not be permitted to introduce into evidence in said party’s direct case exhibits which are not filed with the party’s prehearing memorandum.
G.Upon the conclusion of the prehearing conference, the AHO may in his or her discretion, enter an order reciting the concessions and agreements made by the parties and summarizing the status of exhibits and witnesses.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.16** Hearings {#sec-250-ricr-10-00-1-1.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.16}
A.Submission without a hearing. Any party may elect to waive a hearing and to submit its case upon the record. Submission of a case upon the record, without a hearing, does not relieve the parties from the necessity of providing the facts supporting their burdens, allegations or defenses.
B.Hearings, when and where held. Hearings will be held at the location designated by the AHO. Any party may, by motion, request that a hearing be held at some place other than that designated, due to disability or infirmity of any party or witness, or where justice and equity would be best served. Upon motion of any party and upon good cause shown, the AHO may in his/her discretion schedule a case for hearing.
C.Notice of hearings. The notice of hearing must include the date, time and place of the hearing and prehearing conference and a statement of the petitioner's right to have counsel present. The notice shall provide sufficient notice of the issues involved so that the parties may have a reasonable opportunity to prepare and present evidence and argument. The notice of hearing must set forth the requirements for intervention as outlined in § 1.12 of this Part.
D.The notice of hearing shall set forth the burden of proof. In an enforcement hearing, the burden of proof shall be set forth in accordance with § 1.12(C) of this Part of the Rules and Regulations for the Assessment of Administrative Penalties. In a hearing regarding the denial of a permit or variance application by the Department, the burden of proof shall be on the applicant.
E.If the issues cannot be fully stated in advance of the hearing, they shall be fully stated as soon as practicable. In all cases of delayed statement, or where subsequent amendment of the issues is necessary, sufficient time shall be allowed at the discretion of the AHO after full statement or amendment to afford all parties reasonable opportunity to prepare and present evidence and argument respecting the issues.
F.Conduct of Hearing
1.General. Hearings shall be as formal as may be reasonable and appropriate under the circumstances.
2.Decorum. All parties, authorized representatives, witnesses and other persons present at a hearing shall conduct themselves in a manner consistent with the standards of decorum commonly observed in any court. Where such decorum is not observed, the AHO may take appropriate action including adjournment, if necessary.
3.Duties of hearing officer. The AHO shall conduct the hearing, make all decisions regarding admission or exclusion of evidence or any other procedural matters, and administer an oath or affirmation to all witnesses.
G.Opening. Except as otherwise required by law, it shall be the usual practice that in proceedings initiated by an application for a license or permit, the party bearing the burden of proof shall open. In hearings resulting from Notices of Violations the Division conducting the investigation or issuing the notice shall open.
H.Rights of parties. All parties shall have the right to present evidence, cross- examine witnesses, make objections, bring motions and make oral arguments.
I.Witnesses and Evidence
1.Oath. A witness' testimony shall be under oath or affirmation.
2.Rules of evidence. Pursuant to R.I. Gen. Laws § 42-35-10, the Rules of Evidence shall apply to evidence introduced during public participation to the same extent the rules apply to evidence admitted by other parties. Testimony and Papers submitted by members of the public which do not comport with the evidentiary requirements of R.I. Gen Laws § 42-35-10 may be accepted as public comment, shall not be accepted as evidence, and if made part of the administration record shall be marked as public comment. Rule 408 of the Rhode Island Rules of Evidence shall govern all communications including communications occurring prior to a Notice of Intent to Enforce or a Notice of Violation being issued.
3.Offer of proof. An offer of proof may be made in connection with an objection in response to a ruling of the AHO rejecting or excluding proffered testimony. The offer of proof shall consist of a statement and substance of the evidence which the party contends would be adduced by such testimony, and if the excluded evidence consists of evidence in documentary or written form, or of reference to documents or records, a copy of such evidence shall be marked for identification and shall constitute the offer of proof.
4.Written testimony. The AHO may order the parties to file, prior to the commencement of any hearing, the testimony of any or all of their respective witnesses and to submit such testimony to the AHO and the opposing party or the opposing counsel by such date as the AHO shall determine. The witness shall testify under oath, and all of such testimony shall be in a question and answer format. Save for good cause shown, said testimony shall be the direct examination of said witness, provided, however, that said witness shall be available at the hearing for cross-examination by the opposing party or opposing counsel.
J.Documentary evidence included. Documentary evidence may be received in evidence in the form of copies or excerpts.
K.Administrative notice. Per R.I. Gen Laws § 42-35-10(4), the AHO may take notice of any judicially cognizable facts which may be judicially noticed by the courts of this State, or of generally recognized technical or scientific facts within the Agency's specialized knowledge, only if the parties are notified of the material so noticed and are given an opportunity to contest the facts so noticed. Notice may also be taken of properly adopted rules and regulations adopted by the agencies of this State or Federal agencies.
L.Subpoenas. In all cases of every nature before the AAD, the clerk and/or AHOs may issue, and the AHOs may vacate, and modify subpoenas requiring the attendance and testimony of witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates and other legal evidence that may be necessary or proper for the determination and decision of any question before or the discharge of any duty required by law of the said AHO.
1.All subpoenas and subpoenas duces tecum shall be signed by an AHO or the clerk and shall be served as subpoenas are served in civil cases in the Superior Court.
2.Motion to vacate or modify. Any person to whom a subpoena is directed may, within a five (5) day period, file in writing a motion that the subpoena be vacated or modified. The AHO may grant such motion in whole, or in part, upon a finding that the testimony, or the evidence whose production is requested, does not relate with reasonable directness to any matter in question, or upon a finding that a subpoena for the attendance of a witness or the production of evidence is unreasonable or oppressive, or has not been issued a reasonable period in advance of the time when the evidence is requested or for other good and sufficient cause.
3.Costs. Witnesses subpoenaed under these Rules shall be entitled to the same fees for attendance and travel as are provided for witnesses in civil cases in the Superior Court.
4.Contumacy. In cases of contumacy or refusal to obey the command of the subpoena so issued, the Superior Court shall have jurisdiction in accordance with R.I. Gen. Laws § 42-17.7-8.
M.Recording and transcripts. Testimony and argument at the hearing shall be recorded electronically or stenographically. Transcripts of the proceedings shall be supplied to any party at his/her own expense upon request to the stenographer. The AHO, within his or her discretion and in order to ensure an accurate record, is authorized to require the appellant to record the hearing stenographically in application matters and the Division in enforcement matters and a certified copy of the transcript shall be provided to the clerk of the AAD.
N.Correction of transcript. Corrections in the official transcript may be made only to make it conform to the evidence presented at the hearing. Transcript corrections, agreed to by opposing parties, may be incorporated into the record, if and when approved by the AHO, at any time during the hearing, or after the close of evidence. The AHO may call for the submission of proposed corrections and may make disposition thereof at appropriate times during the course of the proceeding.
O.Contents of records. The record shall, at all reasonable times, be available for inspection by the parties.
P.Evidence after completion. No evidence shall be admitted after completion of a hearing or after a case submitted on the record, unless otherwise ordered by the AHO.
Q.Weight of evidence. The weight to be attached to any evidence in the record will rest within the sound discretion of the AHO in accordance with the Rules of Evidence. The AHO may in any case require either party, with appropriate notice to the other party, to submit additional evidence on any matter relevant to the administrative hearing.
R.Exceptions. Formal exceptions to rulings on evidence and procedure are unnecessary. It is sufficient that a Party, at the time that a ruling is made or sought, makes known his or her objection to such action and his or her grounds therefore.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.17** Decisions {#sec-250-ricr-10-00-1-1.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.17}
A.Decisions. All decisions rendered by an AHO at the conclusion of a hearing shall be in writing and shall comply with the requirements of R.I. Gen. Laws §§ 42-17.7-6 and 42-35-12. Parties shall be notified either in person, or by mail, or electronic transmittal of any order. Included in the final order shall be a separate notice advising the parties of the availability of judicial review, the appeal period and the procedure for filing an appeal, and providing a reference to the statutory authority.
B.Withdrawal of exhibits. After a decision has become final and all appeal periods have lapsed the AHO may in his/her discretion, upon motion, permit the withdrawal of original exhibits or any part thereof by the party or person entitled thereto.
C.Presiding officer unavailable. When an AHO becomes incapacitated or unavailable to complete a hearing and/or render proposed findings of fact and conclusions of law, the hearings may be completed and/or a decision may be rendered by a substitute AHO appointed by the Chief Hearing Officer upon the record as defined, provided however the substitute AHO may within his or her discretion, and after an examination of all the evidence, determine that a ruling is necessary in the interest of justice.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.18** Consent Order or Withdrawal {#sec-250-ricr-10-00-1-1.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.18}
A.Negotiations. At any time prior to rendering a final decision, parties to a hearing may attempt to dispose of a matter by entering into a consent order. A joint request for a stay of a hearing for this purpose shall be forwarded to the AHO and shall indicate the present status of negotiations. If an agreement is not reached within the time period for which the stay was approved, a hearing shall be promptly rescheduled by the AHO.
B.Contents of agreement. Every agreement shall contain, in addition to an appropriate order, an admission of all jurisdictional facts and express waivers of further procedural steps before the AHO and of the right to appeal and shall also state that such agreement is enforceable as an order of the Director in accordance with procedures prescribed by law. In addition, the agreement may contain a statement that the signing thereof is for settlement purposes only and does not constitute an admission by any party that the law or regulations have been violated as alleged in the Notice of Violations.
C.Disposition of proposed agreement. Upon receiving such agreement, the AHO may:
1.Accept it and issue the order agreed upon; except that no agreement shall be accepted unless consistent with the provisions of R.I. Gen. Laws § 42-17.1-2(s)(1),
2.Reject it and reschedule a hearing or;
3.Take such other action as he or she deems appropriate.
D.The provision of this Rule shall not preclude settlement of the proceedings in any other manner.
E.Withdrawal of an NOV by the Division shall terminate the matter before AAD.
F.Withdrawal of a Request for Hearing by the appellant/respondent shall terminate the matter before the AAD.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.19** Licensing or Permitting Procedures {#sec-250-ricr-10-00-1-1.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.19}
A.Persons denied a license or permit from the Division may request an administrative hearing as provided for by statute.
B.Solid Waste Management Facilities
1.Appeals of issuance of a license or final denial of a solid waste management facility license must be filed in writing within thirty (30) days of issuance with the AAD for Environmental Matters.
2.Appeals shall be limited to the applicant; any person who provided substantive comment during the public comment period as indicated by the Director in his/her decision; and any person who shall demonstrate good cause for failure to participate and who demonstrates that his or her interest shall be substantially impacted if prohibited from appearance in the appeal.
3.Appeals shall be in writing and shall contain precise statements of the issues presented on appeal including statutory and regulatory citations and shall indicate the specific parts of the decision of the Director which are challenged.
4.Appeals shall be limited to those issues raised by the parties in the written appeal filed with the AAD provided however, that upon good cause shown, the AHO shall allow additional issues to be raised.
5.Hearings on appeals to the AAD are evidentiary hearings only.
6.The AHO shall determine and apportion to the applicant the actual costs of the appeal process exclusive of attorneys’ fees.
C. Notice of Administrative hearing shall not issue until a denial or partial denial by the Division has been issued and an administrative hearing has been requested of the AAD.
D.Hazardous Waste Management Act Permits
1.Appeals of issuance of a permit or final denial of a Hazardous Waste Management Act permit must be filed in writing within thirty (30) days of issuance with the AAD for Environmental Matters. Petitions to intervene must likewise be filed within thirty (30) days of issuance.
2.Appeals/petitions to intervene shall be limited to the applicant and any person/entity who demonstrates an injury in fact which will result from the challenged action or application and whose interests are not adequately represented by existing parties to the hearing.
3.Appeals/petitions to intervene shall be in writing and shall contain precise statements of the issues presented on appeal including statutory and regulatory citations and shall indicate the specific parts of the decision of the Director which are challenged.
4.Appeals/petitions to intervene shall be limited to those issues raised by the parties in the written appeal/petition, filed with the AAD provided however, that upon good cause shown, the AHO shall allow additional issues to be raised.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
##### **250-RICR-10-00-1 § 1.20** Filing for Recovery of Litigation Expenses {#sec-250-ricr-10-00-1-1.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-10-00-1#1.20}
A.Purpose. The purpose of this rule is to carry out the statutory requirements contained in the Equal Access to Justice Act, Chapter 42-92 of the R.I. Gen. Laws which provides for the award of reasonable litigation expenses to prevailing parties in certain adjudicatory proceedings conducted by state agencies.
B.Filing procedure. Within thirty (30) days of the conclusion of an adjudicatory proceeding of the Department relating to an enforcement action or order, or to the revocation or suspension of a license or permit, or to any other adjudicatory proceeding as defined in R.I. Gen. Laws § 42-92-2, a respondent may submit a claim to the AHO in the proceeding for litigation expenses pursuant to R.I. Gen. Laws Chapter 42-92 . For purposes of this section, the adjudicatory proceedings are deemed to be concluded on the date a final decision is issued pursuant to § 1.17 of this Part or on the date that a Consent Order is accepted by the AHO pursuant to § 1.18 of this Part. The claim for litigation expenses shall conform to the general filing requirements of § 1.6 of this Part and shall contain a summary of the legal and factual basis for filing the claim.
C.Supporting affidavits and documentary evidence. The petitioner may submit with his or her claim for litigation expenses, affidavits and documentary evidence presenting the legal and factual basis by which the petitioner claims he or she is entitled to an award of litigation expenses, including facts establishing:
1.That the petitioner is a party as defined in R.I. Gen. Laws § 42-92-2(a).
2.That the petitioner has prevailed against the Department in the underlying adjudicatory proceeding.
3.That the Department was not charged by statute with investigating a complaint which led to the underlying adjudicatory proceeding.
4.The amount of reasonable litigation expenses as defined in R.I. Gen. Laws § 42-92-2(c).
5.That the Department instituted the underlying adjudicatory proceeding without substantial justification.
D.Department's answer. The Division shall provide a written answer to the claim for litigation expenses to the AHO within twenty (20) days of receipt of the claim. Such answer may include affidavits and documentary evidence supporting its position and other evidence in support of the position that the Department was substantially justified in its actions.
E.Evidentiary hearing. Within ten (10) days of the filing of the Division's answer with the AHO, either party may move for an evidentiary hearing on the issue of the awarding of litigation expenses. The motion shall be granted only if the moving party satisfies the AHO that affidavits are an inadequate method of presenting new evidence relevant to the awarding of litigation expenses.
F.Decision
1.Except as provided in § 1.20(F)(2) of this Part, the AHO shall award reasonable litigation expenses to the petitioner if he or she finds that the record in the case establishes by a preponderance of the evidence:
a.That the petitioner is a party as defined in the R.I. Gen. Laws § 42-92-2(a);
b.That the respondent has prevailed against the Division in the underlying adjudicatory proceeding;
c.That the Department instituted the underlying adjudicatory proceeding without substantial justification; and,
d.The amount of reasonable litigation expenses as defined in R.I. Gen. Laws § 42-92-2(c) which may include a recalculation of the expenses and a finding that some or all of the litigation expenses qualify as reasonable litigation expenses under the statute.
2.The AHO shall deny an award of litigation expenses to the petitioner if:
a.The petitioner failed to meet the burden of proof established in § 1.20(F)(1) of this Part;
b.The Division was substantially justified in the actions leading to the proceedings and in the proceeding itself; or,
c.The Division was charged by statute with investigating a complaint, which led to the adjudicatory proceeding.
d.The AHO may, at his or her discretion, deny fees or expenses if special circumstances make an award unjust.
G.The foregoing Rules and Regulations, after due notice, are hereby adopted and filed with the Secretary of State to become effective 20 days after filing, in accordance with the provisions of R.I. Gen. Laws Chapters 42-17.7 and 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Amendment — effective from 2012-03-26 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 03/26/2012*
## **Chapter 20** Legal Services
### **Subchapter 00**
#### **250-RICR-20-00-1** Administrative Rules of Practice and Procedure for the Department of Environmental Management
##### **250-RICR-20-00-1 § 1.1** Authority and Purpose {#sec-250-ricr-20-00-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-1#1.1}
**History**
- *Amendment — effective from 2022-04-10 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/10/2022*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 11/27/2014*
##### **250-RICR-20-00-1 § 1.2** Formal Rules {#sec-250-ricr-20-00-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-1#1.2}
A.Scope of Rules. These Rules shall govern the proceedings of all Divisions and matters within the Department of Environmental Management’s delegated statutory authority that are not properly before the Administrative Adjudication Division and where consistent with the law and Regulations governing the applicable regulatory program.
B.Construction of Rules. These Rules shall be construed to further the prompt and just determination of every proceeding and in conformity with the Rhode Island Administrative Procedures Act.
**History**
- *Amendment — effective from 2022-04-10 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/10/2022*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 11/27/2014*
##### **250-RICR-20-00-1 § 1.3** Petition for Rulemaking {#sec-250-ricr-20-00-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-1#1.3}
A.Any party may petition for the promulgation, amendment or repeal of a Rule administered by the Department. Such a petition shall clearly and concisely state the petitioner’s interest in the subject matter, the specific Rule(s), amendment, or repeal requested, and cite the statutory provision which provides the basis for the Regulation. Petitions shall be filed with the Department and the affected Divisions in the manner required by §§ 1.4 and 1.5 of this Part. In addition, petitions may be filed electronically by email sent to the following address: [email protected].
B.Upon submission of such a petition, the Department shall, in accordance with R.I. Gen. Laws § 42-35-6, within thirty (30) days either deny the petition in writing (stating its reason for the denials) or initiate rulemaking procedures in accordance with R.I. Gen. Laws § 42-35-3.
**History**
- *Amendment — effective from 2022-04-10 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/10/2022*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 11/27/2014*
##### **250-RICR-20-00-1 § 1.4** Time {#sec-250-ricr-20-00-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-1#1.4}
A.Timely filing. Papers required or permitted to be filed under these Regulations, or any provision of the applicable law must be filed at the Department, Division or office or such other place as the Director shall designate within the time limits for such filings as are set by Department Regulation, the Director, or other provision of law. Papers filed in the following manner shall be deemed filed as set forth herein:
1.Hand-delivery: Papers hand delivered during regular business hours shall be deemed filed on the date of hand-delivery. Papers delivered by hand at times other than during regular business hours shall be deemed filed on the next regular business day.
2.Mailing: Papers deposited in the U.S. Mail shall be deemed filed on the date stamped as received by the Department. In the event that no date stamp by the Department appears, papers shall be deemed filed on the date so postmarked. All papers shall show the date received by the Director and/or the Hearing Officer.
3.Telecopying: Papers filed by facsimile or telecopier shall not be accepted for filing.
B.Computation of Time. Unless otherwise specifically provided by law or these Rules, computation of any time period referred to in these Rules, shall begin with the first (1st) day following the act which initiates the running of the time period. The last day of the time period so computed is to be included unless it is a Saturday, Sunday, or legal holiday or any other day on which the office of the Director is closed, in which event the period shall run until the end of the regular business hours of the next following business day. When the time period is less than seven (7) days, intervening days when the Department is closed shall be excluded in the computation.
C.Extension of Time. It shall be within the discretion of the Director, for good cause shown, to extend any time limit contained in these Rules, unless precluded by statute. All requests for extensions of time shall be made before the expiration of the original or previously extended time period.
**History**
- *Amendment — effective from 2022-04-10 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/10/2022*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 11/27/2014*
##### **250-RICR-20-00-1 § 1.5** Filings Generally {#sec-250-ricr-20-00-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-1#1.5}
A.Title. Papers filed with the Director shall state the Division and the file number, if any, the title of the proceeding, and the name of the person on whose behalf the filing is made.
B.Signatures. Papers filed with the Director shall be signed and dated by the party on whose behalf the filing is made or by the party’s authorized representative. This signature constitutes a certification that the individual signing the document has read the document, knows the content thereof, and to the best of his/her knowledge, that such statements are true, that it is not interposed for delay, and that if the document has been signed by an authorized representative he/she has full power and authority to do so. Failure to comply may be cause for sanctions.
C.Designation of Divisions. Any Division as a party to an administrative proceeding shall be designated by its name and not by the name(s) of particular individual(s) holding office, and if while the administrative proceeding is pending, a change occurs in an individual(s) holding office, the proceeding shall not abate, and no substitution of parties shall be necessary.
D.Form
1.Size and Printing Requirements. All papers, except those submittals and documents which are kept in a larger format during the ordinary course of a party’s business shall be submitted on eight and one half inches by eleven inches (8 ½” x 11”) paper all papers shall be hand printed or typewritten.
2.Format. The Director or Division may provide forms to be used by the parties.
E.Copies. The original of all papers shall be filed together with such number of additional copies as the Director may require.
F.Service. Simultaneously with the filing of any and all papers with the Director, the party filing such papers shall send a copy thereof to all other parties, or their authorized representative to the proceedings, by delivery in hand, or by U.S. Mail, postage prepaid, properly addressed.
**History**
- *Amendment — effective from 2022-04-10 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/10/2022*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 11/27/2014*
##### **250-RICR-20-00-1 § 1.6** Petition for Declaratory Rulings {#sec-250-ricr-20-00-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-1#1.6}
A.Any person who alleges that a Rule, statute or order, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights of the petitioner, may in accordance with R.I. Gen. Laws § 42-35-8 and these Regulations, petition the Director for a declaratory ruling as to the applicability of any statute, any provision or Rule or order of the agency. Such petition shall be filed with the Department in the manner required by §§ 1.4 and 1.5 of this Part and the petition shall clearly and concisely identify:
1.The precise statute, Rule or order, including paragraph(s) or subparagraph(s) on which a declaratory ruling is sought;
2.How the petitioner is affected by the statute, Rule or order, including a statement of uncontested facts upon which the request is based;
3.Why the ruling is sought;
4.The petitioner’s position on how the applicable statute, Rule or order should be interpreted, including citation to any applicable documents or law that support petitioner’s position.
5.Other persons who may be affected if the Department adopts the petitioner’s position including any small businesses that may experience a significant adverse economic impact; small business shall be defined in accordance with R.I. Gen. Laws § 42-35-1.
6.Whether the petitioner has, or is aware of, any other matters pending before the Department or the courts that may be affected by the declaratory ruling sought; this shall include, but not be limited to: permit applications, enforcement actions, petitions, contracts and leases or rental agreements;
B.The petition must contain a certification that a copy of the petition and any supporting documentation was mailed to the affected Division. The Division shall have twenty (20) days in which to file a responsive pleading.
C.The Director shall consider the petition and any documents submitted in support or opposition thereof and shall:
1.Issue a declaratory ruling which will have the same status as a departmental decision or order in a contested case;
2.If necessary, seek additional clarification of issues raised by the petitioner and upon receipt of the clarifications, promptly issue a declaratory ruling;
3.Find that the petitioner is not in fact an interested person affected by a statute, Rule or order of the Department and decline to issue a declaratory ruling;
4.Schedule a public hearing if the Director determines that there is widespread public interest in the issues raised by the petitioner and promptly issue a declaratory ruling after the conclusion of the public hearing or;
5.Refer the matter to the Chief Hearing Officer of the Administrative Adjudication for an adjudicatory hearing and recommended decision.
D.The Department shall maintain a public file containing all declaratory rulings issued by the Director and such rulings may be cited as precedent and relied upon in the formulation of subsequent rulings.
**History**
- *Amendment — effective from 2022-04-10 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/10/2022*
- *Technical Revision — effective from 2014-11-27 to 01/04/2022*
- *Technical Revision — effective from 2014-11-27 to 11/27/2014*
- *Repeal — effective from 2014-11-27 to 11/27/2014*
- *Periodic Refile — effective from 2001-12-31 to 11/27/2014*
#### **250-RICR-20-00-3** Administrative Inspection Guidelines
##### **250-RICR-20-00-3 § 3.1** Purpose {#sec-250-ricr-20-00-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.1}
A.The purpose of these Guidelines is to describe the general procedures for administrative inspections undertaken by employees of the Rhode Island Department of Environmental Management (herein after referred to as “DEM” or the "Department”). These Guidelines are promulgated to balance the State’s interests in protecting the environment and enforcing environmental laws and regulations with reasonable private property interests guaranteed by the Federal and State Constitutions and to promote awareness of DEM regulations involving private property. More specifically, these Guidelines:
1.explain expectations of privacy recognized and protected by law;
2.explain the reasons for and degree of urgency associated with different types of inspections;
3.explain how inspections of private property must be conducted to ensure that the rights and legitimate privacy expectations of the owners and occupants are protected;
4.promote public awareness of DEM programs; and
5.explain some of DEM's duties and responsibilities under state law and regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.2** Authority {#sec-250-ricr-20-00-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.2}
These Guidelines are promulgated pursuant to R.I. Gen. Laws § 42-17.1-2(t)(2)(A), Environmental Management in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.3** Administrative Findings {#sec-250-ricr-20-00-3-3.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.3}
A.The Department is charged by law to protect, preserve and restore Rhode Island's natural resources and environment. The Department implements this Legislative mandate through a wide variety of regulatory programs. As a public regulatory agency, the Department has a responsibility to carry out its statutory and regulatory functions in the spirit of public service. This means that the Department’s interactions with members of the public, including regulated persons and entities, should be courteous, respectful and responsive and minimize unnecessary confrontation.
B.To the extent that the law authorizes the Department to conduct inspections on private property, such inspections should be conducted with respect for the rights and privacy of property owners, consistent with the protections afforded by the United States and Rhode Island Constitutions, as interpreted and applied by the courts. Inspections are the primary method available to DEM to enforce and determine compliance with environmental statutes and regulations administered by DEM. Both announced and unannounced inspections are vital compliance assurance tools in the Department’s ongoing effort to protect the environment. Because some parties may not fully understand the need for such inspections and may perceive such inspections as an unreasonable interference with their rights as property owners and as operators of various business activities, DEM will use best efforts to explain the reasons for the inspection and to conduct its inspections within the scope of these Guidelines.
C.DEM is authorized to conduct both consensual and non-consensual administrative inspections. Non-consensual administrative inspections may be lawfully performed with or without an administrative inspection warrant. Whether an administrative inspection warrant is required in order to perform a lawful, non-consensual administrative inspection will depend on the facts and circumstances surrounding the site, facility or activity to be inspected. It is the intent of these Guidelines to educate DEM personnel regarding the proper procedures for performing lawful administrative inspections via consent, administrative inspection warrants and established methods for warrant-less, non-consensual inspections.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.4** Application {#sec-250-ricr-20-00-3-3.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.4}
A.The terms and provisions of these Guidelines shall be liberally construed to allow DEM to fulfill the requirements of state law, regulations, and policies. DEM reserves the right to modify these Guidelines at any time. All modifications to these Guidelines shall be consistent with applicable state and federal law. These Guidelines:
1.apply to all administrative inspections completed by DEM after the effective date under the authority of the environmental statutes and regulations that DEM administers;
2.do not create any rights, duties, or obligations, implied or otherwise, in any third parties;
3.are not to be interpreted as changing existing laws and regulations and do not limit or expand DEM's existing legal authority to conduct regulatory inspections;
4.are not intended to limit or expand the rights or privacy expectations of property owners already specified by law or declared by the courts;
5.do not address, or propose that a criminal search warrant shall be required for regulatory inspections; and
6.shall not limit or restrict the legal methods or procedures by which DEM may seek to secure access to private property for the purpose of conducting inspections.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.5** Definitions {#sec-250-ricr-20-00-3-3.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.5}
A.For the purposes of these Guidelines, the following terms shall have the following meanings:
1."Administrative inspection" means any inspection, independent of a criminal investigation that is conducted for the purpose of determining compliance with applicable federal or state laws and regulations. Administrative inspections may involve the examination of real or personal property, equipment, buildings, records, products, by-products, wastes, processes, activities, environmental conditions (i.e. air, soil and water quality), personnel or other property or activities. Administrative inspections may include, but are not limited to, the following activities: observation, sampling, measuring, photographing, coring, drilling and excavating; reviewing and copying records; and seizing equipment, products, materials or records. Administrative inspections may be performed by Department personnel or by private agents or consultants acting on the Department’s behalf. The scope of an administrative inspection may be limited by consent, the terms of an administrative inspection warrant or other court order, or by circumstances surrounding a warrant-less inspection.
2.“Administrative inspection warrant” means an order issued by a justice of the Rhode Island District or Superior Court, or such other magistrate as may be allowed by law, authorizing the Department to enter an otherwise constitutionally protected area to inspect, search and/or seize property or evidence of a possible violation of a law or regulation administered by the Department as may be described therein. An administrative inspection warrant may issue where:
a.Sufficient evidence of a possible violation of a law or regulation administered by DEM or a potential threat to public health, safety, welfare or the environment exists to establish administrative probable cause; or
b.The Department proposes to conduct the inspection in accordance with a neutral inspection scheme.
3.“Administrative probable cause” means the standard used by the courts to determine whether a proposed administrative inspection meets the constitutional mandate of reasonableness necessary for the issuance of an administrative inspection warrant. Administrative probable cause is not a standard that DEM must use to determine if it may or should conduct an inspection in situations where an administrative inspection warrant is not required (e.g. consensual inspections or inspections of areas that are not constitutionally protected). The standard for administrative probable cause is a more lenient standard than that which is required to establish criminal probable cause. Whether an administrative inspection is reasonable is determined by weighing the government’s interest in regulatory compliance against constitutionally protected privacy interests. Where an inspection:
a.is a reasonable method under the circumstances to evaluate compliance with laws or regulations designed to protect public health, safety, welfare or the environment;
b.serves a valid public interest/reasonable governmental interest; and
c.satisfies reasonable legislative or administrative standards for conducting inspections, then administrative probable cause exists for the issuance of an administrative inspection warrant.
4."Closely regulated industry" means a business or business-related activity, facility, structure or property for which a permit, license or other approval has been issued by DEM, or a business or business-related activity, facility, structure or property that is otherwise subject to pervasive governmental supervision such that any person who chooses to engage in that business or activity is deemed to have voluntarily subjected him/herself to full regulation.
5.“Consent” means authorization given to conduct an administrative inspection that is:
a.Informed as to the location, nature, scope or objective of the proposed administrative inspection;
b.Voluntary;
c.Given by an owner, operator or other person of suitable age, discretion and apparent authority to give consent to the inspection;
d.Subject to any specified limitations of scope;
e.Revocable at any time with or without justification, unless given as a part of an application for a permit, license or other approval issued by DEM.
6.“Criminal search warrant” means an order issued in accordance with R.I. Gen. Laws Chapter 12-5 or R.I. Gen. Laws § 8-3-6 to investigate criminal conduct.
7."Curtilage" means that area of land and/or buildings, regardless of vegetative characteristics, fencing or signage, surrounding a home that is so intimately tied to the home and its domestic activities that it should be treated as part of the home itself.
8."Department” or “Director" or “DEM” means the Rhode Island Department of Environmental Management.
9.“Inventory” means the process of identifying and listing property, items or samples that are seized or removed from a site during the course of an administrative inspection and/or the list that results from that process.
10.“Neutral inspection scheme” means a plan for inspecting a group of similarly situated sites, facilities or activities that have been identified for inspection based on a set of neutral criteria. The inspection scheme will include objectives for the inspections that are rationally related to assuring compliance with laws or regulations and that do not target a specific individual, facility or property.
11.“Person” means any individual, corporation, limited partnership, partnership, trust, joint stock company, syndicate, governmental entity, quasi-governmental corporation or other incorporated or unincorporated association or any subdivision thereof.
12.“Plain view” means any object, condition, activity or other evidence of a violation of law, regulation, permit, license or order (civil or criminal) that is visible by an inspector who is lawfully in position to make his/her observation.
13.“Sample” means the process of taking a portion of a larger quantity of material for analysis.
14.“Split sample” means taking multiple samples of the same material or dividing a sample for independent analysis by two or more parties involved in an administrative inspection.
15.“Warrant application” means the formal written petition and supporting affidavit presented to a neutral magistrate or judge to request the issuance of an administrative inspection warrant.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.6** Reasons for Needing Access to Private Property {#sec-250-ricr-20-00-3-3.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.6}
A.Apart from criminal investigations, inspections by the Department can be categorized as follows:
1.Emergency situations include those situations where there is reasonable evidence indicating that an imminent or serious threat to the environment or public health, safety, or welfare exists so as to warrant investigation, remediation or other immediate response by the Department. Examples include response to complaints of significant odors, oil spills, chemical releases or alterations to the environment that have or are likely to result in detrimental impacts or irreparable harm to the resource.
2.Compliance monitoring includes situations where a structure or activity on the property is subject to statutory or regulatory authority by the Department, and the Department, in response to a complaint or in the course of a regular compliance inspection program, needs to ensure compliance, but such need is not of an emergency situation. This will include facilities or activities where the Department has permitting or licensing authority (e.g., discharges, emissions, waste management/disposal, alterations of freshwater wetlands, or construction or repair of individual sewage disposal systems (“ISDS”)) as well as activities for which no individual permit is required but which are subject to environmental statutes and Department regulations (e.g., management of hazardous wastes or air emission controls).
3.Field activities such as sampling, monitoring and surveying for reasons other than responding to an emergency situation or ensuring compliance with regulatory requirements but that support the Department’s statutory mandate to evaluate and protect the natural resources of the State of Rhode Island. Examples include environmental assessments of hazardous contamination, water quality assessments, restoration projects, fish and wildlife surveys, forestry surveys, pollution prevention projects, freshwater wetland assessments, ISDS and educational activities.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.7** General Inspection Protocol {#sec-250-ricr-20-00-3-3.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.7}
A.The following inspection protocols should be followed to the maximum extent practicable for all inspections whether conducted after obtaining consent, under an administrative inspection warrant or other court order, or pursuant to a legal, warrant-less inspection as described in these Guidelines.
1.Prior to entering the site an inspector should prepare for the inspection by: establishing the scope and objectives of the inspection; coordinating inspection activities with other regulatory or enforcement personnel as necessary; developing an understanding of the technical, regulatory, and enforcement aspects of the site or facility; developing a plan or strategy for conducting an inspection consistent with inspection objectives; and determining the health and safety requirements and equipment necessary for the inspection.
2.Inspectors should only enter private property (including driveways) in compliance with these Guidelines and applicable law.
3.When in the field, the inspector should make a reasonable effort to locate an owner, operator or other person having apparent authority or control of the property in order to identify himself/herself, explain the purpose, scope and legal authority for the inspection. "Reasonable efforts” shall be construed to mean those efforts that can be reasonably made at the time of the inspection such as knocking on doors at the site or approaching workers or people around the site. Reasonable efforts shall not include off-site research such as reviewing land evidence, tax or court records or entering a dwelling.
4.An inspector should never agree to any conditions limiting an inspection or sign any documents without first obtaining prior authorization from a supervisor.
5.While on-site inspectors should be constantly vigilant and observant. All observations made while lawfully on site (e.g. while accessing the property, requesting permission to inspect, conducting an unrelated site visit or inspection, or while leaving the property after permission to inspect has been denied), are entirely legal and should be carefully noted for the file in the event that they are needed to support the issuance of an administrative inspection warrant or other legal action to gain access to the site (See § 3.10(A)(5) of this Part regarding plain view violations).
6.If the person exercising control over the property denies access to the property, then the inspector should not attempt to continue the inspection without first contacting the office for further instructions and/or assistance. If a situation arises on-site that threatens the safety of an inspector, then all inspectors should leave the site and immediately contact the office. If access is denied in an emergency situation (See § 3.10(A)(2) of this Part) and the inspector believes that an imminent or serious threat exists to public health, welfare or the environment, then the inspector should contact fire and/or police authorities for their assistance in stabilizing the situation. If access is denied in a non-emergency situation, then the inspector may only continue with an on-site inspection if an alternative basis for a warrant-less inspection exists. (See §§ 3.10(A)(1) and 3.10(A)(3) of this Part). Where an inspector is unable to obtain lawful access to a site, the inspector may make observations from adjacent public areas, open fields) or from abutting private property, provided the inspector has permission from the owner, operator or person having apparent authority or control of the abutting property (See § 3.10(A)(4) of this Part). Under some environmental statutes denying access for inspections is a criminal offense. In situations involving those statutes, the DEM Division of Law Enforcement will be advised of the situation.
7.If no owner, operator or other person having apparent authority or control over the property is present, the inspector should leave a calling card identifying the inspector and, when possible, should provide other information explaining the purpose and scope of the investigation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.8** Protocol for Consensual Inspections {#sec-250-ricr-20-00-3-3.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.8}
A.When seeking consent to perform an administrative inspection the inspector must locate an owner, operator or other person having apparent authority or control of the property in order to identify himself/herself, explain the purpose, scope and legal authority for the inspection and request consent for the inspection. An inspector may enter onto private property and use reasonable efforts to locate a person from whom to obtain consent for the inspections. Consent need not be sought where other lawful means for access to the property in question exist under these Guidelines (See §§ 3.9 and 3.10 of this Part herein).
B.Consent for inspections relating to an activity requiring a permit, license or other approval from the Department may be required and obtained by the Department in writing as part of the application process. Consent that is given as part of an application process may not be revoked on-site at the time of the inspection and may only be revoked by the applicant in writing by withdrawing the underlying application. The presence or absence of consent relating to an application shall not impair the Department’s ability to perform inspections in accordance with any other section of these Guidelines (e.g. § 3.9 of this Part, administrative inspection warrants or § 3.10(A)(1) of this Part, closely regulated industries).
C.On occasion, person(s) may agree to consent to an administrative inspection if the inspector will agree to conditions or limitations on the nature and extent of the proposed inspection. In the past, inspectors have been asked to sign liability waivers and other legal documents as a precondition to consent to perform an inspection. An inspector should never agree to any conditions or sign any documents without first obtaining prior authorization from a supervisor. The Department may, on a case-by-case basis, accommodate reasonable requests for conditions or limitations in order to secure consent for an inspection provided that the requests will in no way jeopardize the quality or effectiveness of the inspection.
D.The scope of a consensual inspection may not exceed the scope of the consent that was given. Consent may be revoked at any time during the inspection without justification, unless the consent was given as part of an application process (See § 3.8(B) of this Part, above). Absent discovery of evidence or conditions during the consented to inspection that give rise to a lawful warrant-less inspection pursuant to § 3.10 of this Part, an inspector may not exceed the scope of the consent given or continue with any inspection after consent has been revoked.
E.If consent to perform an administrative inspection is denied, the inspector may make observations from adjacent public areas, open fields (See § 3.10 of this Part) or from abutting private property, provided the inspector has permission from the owner, operator or other person having apparent authority or control over such property.
F.Unless the inspector requires additional time for research or consultation, prior to leaving the premises the inspector should advise the person that gave consent for the inspection of the inspector’s preliminary findings and of potential follow-up actions by DEM. If violation are discovered, then the inspector should explain the applicable legal requirements and inform the consenting party that the violations must be corrected. Upon request, the inspector may provide general guidance regarding the correction of violations; however, inspectors should not require or recommend specific methods, procedures or corrective actions. In the event that additional assistance, advice or information is requested, the inspector should direct that person to the appropriate compliance assistance or permitting office. Any preliminary findings, recommendations or other assistance offered by the inspector should be recorded in his/her inspection report.
G.If no owner, operator or other person having apparent authority or control over the property is present, the inspector should leave a calling card identifying the inspector and, when possible, should provide other information explaining the purpose and scope of the investigation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.9** Protocol for Warrant Inspections {#sec-250-ricr-20-00-3-3.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.9}
A.Absent consent to conduct an inspection, all other administrative inspections shall require the issuance of an administrative inspection warrant or other legal process such as an injunction for access unless the inspection falls within one of the established exceptions for permissible, warrant-less searches described in § 3.10 of this Part. Conducting an inspection pursuant to a valid administrative inspection warrant will help insure that evidence gathered during the inspection is admissible in subsequent legal proceedings. Inspections conducted pursuant to a court-issued administrative inspection warrant should be conducted in accordance with the general protocol for administrative inspections to the extent practicable and consistent with the nature and terms of the administrative inspection warrant.
1.Administrative inspection warrants can be used to obtain access to properties for a variety of reasons, including but not limited to situations where:
a.Consent for the inspection has been requested and either denied or granted subject to unacceptable conditions;
b.The Department seeks to maintain the element of surprise;
c.The Department wants to avoid the delay associated with a refusal to allow a consensual inspection;
d.Multiple site visits would be inconvenient (i.e. the site is distant or difficult to reach);
e.Past experience indicates that consent for the inspection is likely to be denied;
f.The timing of the inspection is important to insure that certain conditions will exist or remain unaltered prior to the inspection; or
g.The Department is unable to identify, locate or get a response from a party to consent to an administrative inspection.
2.The requirement to obtain an administrative inspection warrant does not prohibit the Department from:
a.Applying for an administrative inspection warrant under circumstances where a warrant may not actually be required;
b.Using alternative means to gain access to property or records, such as injunctive relief, or other court process; or
c.Seeking an administrative warrant to inspect a property that may also be the target of a criminal investigation, provided that the Department has a valid and independent administrative basis for the issuance of an administrative inspection warrant.
3.Preparing an Application for an Administrative Inspection Warrant - An application for an administrative inspection warrant includes two components: the application describing the basis for and scope of the intended search and one or more sworn affidavits detailing the evidence, observations or other basis (the administrative probable cause) justifying the issuance of the warrant.
a.The Warrant Application - The application for an administrative inspection warrant must be in writing and signed by the applicant. Because many Rhode Island judges or justices may be unfamiliar with DEM’s authority to conduct inspections and the programs that the inspections are intended to support, it will be important for the application to educate the court on some of the fundamental aspects of the program. The application should include the following:
(1)The statutes or regulations authorizing the inspection;
(2)A brief description of the neutral inspection program or regulatory scheme under which the inspection will be performed;
(3)The name and affiliation of the owner, operator or occupant of the place to be inspected, if known to the affiant;
(4)A description, set forth with particularity, detailing:
(AA)the address, place, property, facility or structures to be inspected;
(BB)the nature, scope, and purpose of the inspection to be performed;
(CC)the conditions, items, materials, processes, property, records, information or equipment to be inspected;
(DD)the type and kind of samples, records or other items to be taken or seized;
(5)The hours of the day during which the administrative inspection warrant may be executed and the need, if any, for forcible entry. In general, a warrant must be executed during the daytime unless good cause is shown for execution at any time of the day or night;
(6)The timeframe within which the administrative inspection warrant will be executed and/or returned to the issuing authority. The default timeframe is ten days, unless good cause is shown for a longer period.
4.The Supporting Affidavit - The warrant application must be accompanied by one or more sworn affidavits detailing the observations, evidence or other circumstances describing the administrative probable cause for the issuance of the administrative inspection warrant. The affidavit must identify:
a.The name, address, title and affiliation of the inspector-affiant;
b.A description of the affiant’s duties, experience and familiarity with the area to be inspected and/or with the subject matter of the proposed inspection;
c.A description of the affiant’s relevant education, professional certifications and/or job training relating to the subject matter of the proposed inspection;
d.A description of the observations, analytical results or other evidence or facts within the affiant’s own personal knowledge that support the need for the inspection;
e.A description of any statements, observations or other information not within the affiant’s own personal knowledge that support the need for the inspection accompanied by sufficient information to establish the reliability of the source of that information.
5.The Warrant - The administrative inspection warrant shall be prepared by the applicant and submitted to the judge or justice along with the application and supporting affidavit(s). The warrant should include:
a.The place to be searched or inspected;
b.The items, materials, records, information or other property or articles to be searched for and the conditions, processes, equipment to be inspected;
c.The name and affiliation of the owner, operator or occupant of the place to be inspected, if known to the affiant;
d.The time within which the warrant will be executed and returned and the time of day during which the warrant may be executed;
e.A return of service.
6.Presenting the Warrant Application
a.In order to secure an administrative inspection warrant, the inspector must present the judge or magistrate with sufficient evidence to satisfy the standard of administrative probable cause as defined herein.
b.In evaluating an application for an administrative inspection warrant, the magistrate or judge will apply an objective legal balancing test weighing the privacy interest of the person in question against the public interest justifying the intrusion and need for the search. The magistrate or judge will issue an administrative inspection warrant if he/she believes that a valid public interest or a reasonable administrative interest justifies the intrusion contemplated by the inspection. This balancing test generally requires the issuing magistrate to take judicial notice of the state’s environmental laws and goals of the legislature in protecting the public health, safety and the environment.
c.An administrative inspection warrant, as defined herein, may be issued based on evidence of a condition or possible violation, or based on the existence of a neutral inspection scheme. However, individualized suspicion of violation of a rule, regulation or permit condition or specific knowledge of a condition at a particular location is not required.
7.Executing the Administrative Inspection Warrant - The administrative inspection warrant must be executed or served in accordance with the requirements set forth in the warrant as to time, place, manner and scope. When required by the court, a copy of the warrant and all affidavits supporting the warrant application must be served on the owner, operator or occupant of the place being inspected. If samples are taken, split samples shall be provided when practicable to do so if they are requested by the owner, operator or occupant (See § 3.11 of this Part on Sampling). The person(s) executing the administrative inspection warrant must keep a detailed, written inventory of all samples taken, split samples provided, records taken or duplicated and other property or items seized during the inspection.
a.The administrative inspection warrant shall be executed by an authorized DEM inspector who shall state his purpose and present his/her credentials to the owner, operator or occupant of the premises to be inspected. The inspector executing the warrant may be assisted by other DEM personnel, agents or contractors;
b.Unless otherwise specifically provided in the administrative inspection warrant, no warrant shall be executed by forcible entry, before dawn or after dark, or outside of DEM’s regular business hours. In those situations where the execution of the administrative inspection warrant becomes, or is anticipated to become hostile or confrontational, the inspector should discuss the situation with his/her supervisor. In some cases it may be necessary to request the assistance of DEM’s Division of Law Enforcement or State or local police;
c.The administrative inspection warrant shall be executed as soon as is practicable after the issuance of the warrant and shall be completed with reasonable promptness and in a reasonable manner.
8.Return of the Administrative Inspection Warrant - The original administrative inspection warrant, affidavit and application must be returned to the clerk of the issuing court within ten (10) days (unless a longer or shorter time is specified in the warrant). The administrative inspection warrant itself must be signed and dated by the person who executed the warrant and accompanied by an inventory of all property, records, samples… etc. taken during the execution of the warrant. When required by the court, the return should identify the name and affiliation of the person upon whom the warrant and supporting affidavits were served when known.
9.Alternatives to Administrative Inspection Warrants - DEM reserves the right to petition the courts for access to property by any method that is the functional equivalent to the process to obtain an administrative inspection warrant. Such court ordered access is usually sought in connection with matters that are in litigation and is generally subject to a full hearing before the court on the merits of the Department’s request for access. Such alternative, court ordered access may be pursued at the discretion of the Director as circumstances may require.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.10** Protocol for Warrant-Less Inspections {#sec-250-ricr-20-00-3-3.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.10}
A.In addition to those situations where consent to inspect is properly obtained from an appropriate party, there are certain other limited circumstances where an inspection may be conducted without seeking an administrative inspection warrant or other court ordered access. These circumstances include inspections of closely regulated industries, emergencies, open fields, and conditions that are in plain view. In some instances the scope of the inspection that is allowed under these circumstances will be more limited than that which might be agreed to by consent or approved through an administrative inspection warrant. Warrant-less inspections should be conducted in accordance with § 3.7 of this Part to the extent practicable and consistent with the circumstances under which the inspection is conducted. Note: Inspectors must be aware that performing an unlawful warrant-less inspection could prevent any evidence gathered during the inspection or any evidence that is later gathered as a result of information learned during the unlawful inspection from being used in any legal proceedings.
1.Closely Regulated Industries - Closely regulated industries are subject to warrant-less administrative inspections without consent, court order or prior notification. Inspections of closely regulated industries should be limited in scope to those areas, structures, activities, conditions, items, materials, processes, property, records, information or equipment covered by DEM’s license, permit or controlling environmental regulations. Industries, businesses or activities that are not closely regulated may still be subject to warrant-less inspections under one of the other categories of warrant-less inspections discussed in this section (e.g. § 3.10(A)(3) of this Part, the Open Fields Doctrine). Some examples of closely regulated industries include, but are not limited to:
a.Businesses or other activities that have obtained or are required to obtain a permit, license, or other approval from DEM that is necessary for them to conduct their activity, such as a wastewater discharge permit; air permit; hazardous waste treatment, storage or disposal permit; or solid waste license.
b.Businesses that are authorized to operate without a permit, license, or other approval from DEM provided that their operations comply with applicable DEM rules and regulations, such as hazardous waste generators or facilities with equipment that produces air pollutants.
2.Emergency Situations - An inspector may enter and inspect private property without prior notification, an administrative inspection warrant or consent when there is reason to believe that there are emergency conditions that warrant an immediate and reasonable administrative inspection. Where practicable, warrant-less inspections in emergency situations should be coordinated with other local, state or federal emergency response professionals that are on-scene (e.g. police, fire, and rescue personnel; U.S. Coast Guard; U.S. Environmental Protection Agency (“EPA”) or Federal Emergency Management Agency (“FEMA”), or on- scene incident command personnel). These emergency conditions take two basic forms. In either case, the inspector’s right to conduct a warrant-less inspection in association with an emergency terminates when the emergency nature of the situation is resolved insofar as DEM’s legislative mandates and regulatory requirements are concerned.
a.Environmental Emergencies - environmental emergencies arise when there is an imminent or serious threat to the environment, public health, safety, or welfare. In determining whether an environmental emergency exists, the inspector should consider:
(1)the degree of urgency or immediacy involved;
(2)the severity of the threat to public health, welfare, safety or the environment;
(3)the time that would be required to contact the office for further instruction or to obtain an administrative inspection warrant or criminal search warrant;
(4)whether the possibility of danger exists at the site;
b.Investigational Emergencies - investigational emergencies arise when two conditions exist:
(1)there is administrative probable cause that a violation exists; and
(2)the circumstances are such that if the inspector does not act immediately evidence of the violation will be lost (also known as “exigent circumstances”).
c.In determining whether an investigational emergency exists, the inspector should consider:
(1)whether evidence is about to be removed, destroyed or lost;
(2)the ready mobility, destructibility or perishability of the evidence;
(3)whether information exists indicating the persons responsible for the alleged violation know the Department is aware of their activities; and
(4)the time that would be required to contact the office for further instruction or to obtain an administrative inspection warrant or criminal search warrant.
3.Open Fields Doctrine - The open fields doctrine permits the examination of property that is not within the curtilage of a home. The open fields doctrine extends not only to open, wooded and undeveloped areas of property, but also extends to other areas of developed property (residential and commercial) where there are no manifest expectations of privacy that society would consider to be reasonable. The open fields doctrine can even apply to the interiors of buildings where no expectations of privacy are evident (e.g. an unsecured garage, barn, shed or abandoned commercial facility).
a.In evaluating whether a property falls within the curtilage of a home or in an open field, factors to be considered include, but are not limited to:
(1)the proximity of the area to the home;
(2)whether the area is included within an enclosure surrounding the home;
(3)the nature of the use(s) to which the area is reasonably subject;
(4)the steps taken by the resident to protect the area from observation by other persons (e.g. neighbors or passers-by);
(5)other conditions appurtenant to the home that evidence reasonable expectations of privacy.
b.These factors represent subjective considerations, not objective black-and-white rules. For example, the mere presence of a fenced enclosure around a dwelling does not mean that everything within the enclosure constitutes curtilage. On the other hand, the absence of an enclosure, especially on a small urban-suburban residential lot, does not automatically mean that all or even part of the lot can be examined under this exception. If an inspector is in doubt about the application of the open fields doctrine to a specific property, the inspector should carefully record information relevant to the above-referenced factors and contact his/her supervisor for further instructions.
c.Although the open fields doctrine allows for on-site examination of areas outside the curtilage of a home, the open fields doctrine does not open the property to the full array of administrative inspection activities as that term is defined in these Guidelines. Rather, open field examinations are limited to non-invasive, on-site “sensory” observations.
4.Plain View Doctrine - The plain view doctrine permits an inspector to observe property, conditions or activities that are visible to the inspector from any place that he or she has a legal right to be. The plain view doctrine further allows an inspector to seize objects that are in plain view if the inspector has lawful access to the area where the objects are located and the objects are immediately recognizable to the inspector as evidence of an administrative violation. Observations made or evidence seized under the plain view doctrine may be used:
a.To obtain an administrative inspection warrant to enter the property;
b.As evidence in an administrative or civil proceeding;
c.As administrative probable cause for an emergency inspection;
d.As administrative probable cause to exceed the stated scope of an inspection being conducted under a warrant or by consent for the limited purpose of inspecting the condition or activity observed.
5.No Other Constitutional Warrant Requirement - Non-consensual, administrative warrant-less inspections are also allowable at any other time that a warrant is not otherwise required under the United States or Rhode Island Constitutions for criminal or administrative searches.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.11** Protocol for Collecting Samples {#sec-250-ricr-20-00-3-3.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.11}
A.Samples of air, water, soils or other materials may be taken for analysis if within the scope of the consent given for the administrative inspection, the terms of the administrative inspection warrant or the terms of a court order. Samples may also be taken as part of a lawful warrant-less inspection of a closely regulated industry or as part of an emergency situation where sampling is reasonably related to abating the emergency. The ability to take samples as part of an open fields or plain view warrant-less inspection will be dependent on the circumstances surrounding the inspection and inspectors should consult with a supervisor before taking samples during these types of inspections. When sampling is performed as part of an administrative inspection, DEM shall, upon request, provide split samples to the party or entity that is the subject of the search, provided that the conditions at the time of the sampling, the amount of material available to be sampled and the safety of DEM employees, are conducive to the request. If split samples are provided they will be turned over to the requesting party at the time that the sample is taken. DEM may require the party receiving the split samples to sign a release acknowledging their receipt of the samples and their responsibility to properly handle, store, and dispose of the sample materials. DEM may refuse to provide split samples if the inspector reasonably believes that:
1.the samples will not be properly, handled, stored or disposed of,
2.splitting the sample will not allow DEM to obtain the required amount of material for analysis, or
3.the time required to collect the split samples or the conditions under which the samples are being collected pose a threat to his/her safety and well-being.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.12** Seizure & Disposal of Seized Property {#sec-250-ricr-20-00-3-3.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.12}
Any property seized as part of an administrative inspection conducted pursuant to these Guidelines shall be logged into custody, and safely kept by the person effecting the seizure. The Department may retain seized evidence for that time which is reasonably necessary to prosecute any administrative actions or hearings. In the case of records, including computerized or other electronic records, the Department may retain the records or records storage and retrieval devices for a time reasonably necessary for the Department to inventory and duplicate the records. Property will be returned to the owner, if possible, once the use by the Department has been completed. Seized property such as wastes or other materials that present an environmental hazard may be confiscated and disposed of by the Department.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.13** Administrative Inspections & Criminal Conduct {#sec-250-ricr-20-00-3-3.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.13}
A.It is unlawful and unconstitutional to employ an administrative inspection warrant as a means of conducting investigation into criminal conduct. However, as long as there is an independent and objective need for an administrative inspection (e.g. to enforce administrative regulations), the existence of or potential for a criminal investigation should not prohibit the issuance of an administrative inspection warrant or the performance of a lawful consensual or warrant-less administrative inspection. The discovery or existence of incriminating evidence during a lawfully conducted administrative inspection is subject to the following conditions:
1.If an administrative inspection warrant was validly issued and the subsequent inspection discloses evidence of criminal activity, then the evidence may be seized and used in a criminal prosecution;
2.If an inspector discovers evidence of criminal activity during an administrative inspection, he or she may complete the inspection and report the discovery to the appropriate authorities for further investigation under a criminal search warrant.
B.If the inspector develops suspicion of criminal conduct during the course of the inspection, the inspector should complete his/her administrative inspection and immediately notify a supervisor of his/her concerns. All information of suspected criminal conduct should be forwarded to the Department’s Division of Law Enforcement. The DEM's Division of Law Enforcement in coordination with the Department of the Attorney General will determine if a criminal violation of the law has taken place.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.14** Penalties {#sec-250-ricr-20-00-3-3.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.14}
Any willful, and unjustified refusal of right of entry and inspection to Department personnel acting pursuant to an administrative inspection warrant, shall constitute a contempt of court and shall subject the refusing party to sanctions, which in the issuing court’s discretion may result in up to six (6) months imprisonment and/or a monetary fine up to ten thousand dollars ($10,000), per refusal pursuant to R.I. Gen. Laws § 42-17.1-2(20)(ii)(D). In the event that a person attempts to prevent or obstruct the performance of an inspection authorized pursuant to a court-issued administrative inspection warrant or threatens the safety of the inspector, the inspector should immediately contact a supervisor and/or DEM’s Division of Law Enforcement, State or local police for assistance in executing the warrant. An inspector should not attempt to forcibly compel a person to submit to execution of an administrative inspection warrant without the assistance of law enforcement personnel.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.15** Severability {#sec-250-ricr-20-00-3-3.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.15}
If any provision of these Guidelines or application thereof to any person, place, or circumstance is held invalid by a court of competent jurisdiction, the validity of the remainder of the Guidelines shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
##### **250-RICR-20-00-3 § 3.16** No Private Cause of Action {#sec-250-ricr-20-00-3-3.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-20-00-3#3.16}
This document constitutes internal guidance for DEM staff engaged in the performance of administrative inspections. Any failure to comply with these Guidelines by DEM personnel shall be handled as an internal personnel matter. Nothing in this document shall be construed to create a private cause of action against the State of Rhode Island, DEM or its management or employees as a result of any failure to comply with these Guidelines.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2003-01-23 to 01/04/2022*
- *Adoption — effective from 2003-01-23 to 01/23/2003*
## **Chapter 30** Management Services
### **Subchapter 00**
#### **250-RICR-30-00-1** Rules and Regulations Governing the Establishment of Various Fees
##### **250-RICR-30-00-1 § 1.1** Purpose {#sec-250-ricr-30-00-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.1}
To establish Department of Environmental Management (DEM) fees for processing applications and performing related activities in order to offset State costs.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
##### **250-RICR-30-00-1 § 1.2** Legal Authority {#sec-250-ricr-30-00-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1 Environmental Management, Chapter 46-12 Water Pollution, Chapter 46-13.1 Groundwater Protection, Chapter 46-13.2 Drilling of Drinking Water Wells, Chapter 23-23 Air Pollution, and Chapter 42-35 Administrative Procedures.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
##### **250-RICR-30-00-1 § 1.3** Liberal Application {#sec-250-ricr-30-00-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.3}
The terms and provisions of these Rules and Regulations shall be liberally construed to allow the Department to effectuate the purposes of State and Federal laws, goals and policies.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
##### **250-RICR-30-00-1 § 1.4** Severability {#sec-250-ricr-30-00-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.4}
If any provisions 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.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
##### **250-RICR-30-00-1 § 1.5** Applicability {#sec-250-ricr-30-00-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.5}
These Rules and Regulations apply only to the DEM regulatory programs identified herein. Other DEM regulatory programs and other State agencies have fee schedules included in their governing Rules and Regulations.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
##### **250-RICR-30-00-1 § 1.6** Incorporated Materials {#sec-250-ricr-30-00-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.6}
These Regulations hereby adopt and incorporate 40 C.F.R. Parts 60, 61 and 63 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.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
##### **250-RICR-30-00-1 § 1.7** Definitions {#sec-250-ricr-30-00-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.7}
A.“Complex minor sources” means complex minor sources or modifications are:
1.Sources of VOC that have a potential to emit twenty-five (25) tons/yr. or more.
2.New sources of a listed toxic air contaminant or an existing source that would be emitting a listed toxic air contaminant that it did not emit previously.
3.Sources subject to New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants or MACT standards (40 C.F.R. Parts 60, 61 and 63 (2017), incorporated above at § 1.6 of this Part).
4.Any incinerator.
5.New sources with potential emissions after controls between one hundred (100) and two hundred fifty (250) tons/yr. and are not major stationary sources.
6.An application that includes four (4) or more minor sources.
7.Boilers with a heat input capacity greater than thirty million (30,000,000) BTUs/hr.
B.“Discharge – emergency” means an order of approval issued under the direction of an on-scene coordinator for the discharge of treated effluent from a pollution control system.
C.“Major and minor municipal or industrial” means categories established pursuant to Federal Environmental Protection Agency criteria for wastewater discharges. Lists are maintained by the DEM Office of Water Resources.
D.“Major modifications” means significant upgrade of existing facilities including, but not limited to, advanced treatment modifications, increase in wastewater treatment facility capacity, or addition, modification or replacement of major treatment processes. Also includes addition, modification or replacement of major combined sewer overflow collection and/or treatment facilities.
E.“Major source permit” means an approval or permit issued by the Office of Air Resources for the construction or installation of a major stationary source or major modification. Major stationary sources and major modifications are as defined in Part 120-05-9 of this Title, Air Pollution Control Permits. Major stationary sources are defined at § 120-05-9.4.1(b) of this Title for nonattainment areas and at § 120-05-9.5.1(f) for attainment areas. Major modifications are defined at § 120-05-9.1.22 of this Title.
F.“Minor modifications” means a minor wastewater treatment facility changes including, but not limited to, addition, modification or replacement of minor treatment process equipment. Also includes addition, modification or replacement of minor combined sewer overflow treatment facilities.
G."Minor source" means minor sources or modifications are:
1.Applications for the installation of air pollution control equipment only.
2.Small package boilers firing oil or natural gas (Heat input less than or equal to thirty million (30,000,000) BTUs/hr.).
3.Small spray painting operations.
4.All other miscellaneous applications.
H.“New wastewater treatment facility” means new or complete replacement of an existing wastewater treatment facility or combined sewer overflow collection and/or treatment facilities.
I.“Orders of approval” means Order from the Director of the Department of Environmental Management approving various activities under Rhode Island’s Water Pollution Control Law (R.I. Gen. Laws Chapter 46-12).
J.“Order of approval to ‘prevent pollution’” means approval of plans and specification prior to construction of wastewater facilities.
K.“Pretreatment permit” means a permit issued by the State as the control authority for the control of indirect dischargers that discharge pollutants to publicly owned treatment works.
L.“RIPDES permit” means a permit issued pursuant to the Rhode Island Pollution Discharge Elimination System Regulations for the discharge of wastewaters into the waters of the State or issued pursuant to the 150-10-2 of this Title, Rhode Island Pretreatment Regulations to control indirect dischargers that discharge pollutants to publicly owned treatment works.
M.“Second tier" means second (2nd) tier toxic operating sources are sources meeting the definition above and which meet one (1) or more of the following criteria:
1.Facility uses and/or emits more than five (5) of the substances listed in Part 120-05-22 of this Title, Air Pollution Control Regulation No. 22 – Air Toxics.
2.Facility submits incomplete or inaccurate information on its operating permit application which is not corrected following notification in writing by the Office of Air Resources.
3.Review of operating permit application requires refined modeling.
N."Sewer extensions” means extension, modification or replacement of existing collection systems including lateral sewers, interceptor sewers, force mains, pumping stations and marine sewage pump-out facilities. Also includes addition, modification and replacement of combined sewer overflow collection facilities.
O.“Toxic operating sources” means sources using and/or emitting one (1) or more of the substances listed in Part 120-05-22 of this Title, Air Pollution Control Regulation No. 22 – Air Toxics which are notified that they are required to file an air toxics operating permit application with the Office of Air Resources pursuant to § 120-05-22.5.2 of this Title or which are required to file an application for renewal of an air toxics operating permit pursuant to § 120-05-22.5.8.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
##### **250-RICR-30-00-1 § 1.8** Rhode Island Pollutant Discharge Elimination System (RIPDES) and Pretreatment Program – Office of Water Resources {#sec-250-ricr-30-00-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.8}
A.Applicable Rules and Regulations: Part 150-10-1 of this Title, Regulations for the Rhode Island Pollutant Discharge Elimination System and 150-10-2 of this Title, Rhode Island Pretreatment Regulations..
B.Fees:
RHODE ISLAND POLLUTANT DISCHARGE ELIMINATION SYSTEM (RIPDES) AND PRETREATMENT PERMIT FEES
APPLICATION (Application fee is required for all new applications only. General or Group application fee is required only if review of a pollution control plan is required).
ANNUAL (Annual fees are assessed on a calendar year basis and are due July 15th of each subsequent year, for all permits active as of December 31st. Expired permits that remain in effect in accordance with the RIPDES Regulations shall continue to pay annual fees).
Individual Major Flow (MGD)
(Flow represents the sum of the average monthly limits (maximum if average is not limited) for each outfall listed in the permit).
< 1
$4,000.00
$1,500.00
1 – 15
$6,000.00
$3,000.00
> 15 – 30
$8,000.00
$4,500.00
> 30
$10,000.00
$6,000.00
Individual Minor and Pretreatment4 Flow (MGD)
(For the purposes of establishing fees, all Pretreatment Permits are classified as “Minor”. Flow represents the sum of the average monthly limits (maximum if average is not limited) for each outfall listed in the permit.)
< 0.01
$1,000.00
$400.00
0.01 – 0.1
$2,000.00
$700.00
> 0.1
$3,000.00
$1,000.00
General or Group Permit
$400.00
$100.00
ORDERS OF APPROVAL FOR DISCHARGES
UNDER THE DIRECTION OF AN ON-SITE COORDINATOR
Discharge – Emergency
$347.00
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
##### **250-RICR-30-00-1 § 1.9** Wastewater Treatment Facilities Program – Office of Water Resources {#sec-250-ricr-30-00-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.9}
A.Applicable Rules and Regulations: Part 150-05-1 of this Title Water Quality Regulations.
B.Fees:
ORDERS OF APPROVAL TO PREVENT POLLUTION
New Wastewater Treatment Facility
$10,000.00
Major Wastewater Treatment Facility Modifications
$6,000.00
Minor Wastewater Treatment Facility Modifications
$1,000.00
Sewer Extensions with No New Flows or New Flows Less than 250,000 gpd
$300.00
Sewer Extensions with New Flows of 250,000 gpd or Greater
$1,000.00
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
##### **250-RICR-30-00-1 § 1.10** Water Quality Certification Program – Office of Water Resources {#sec-250-ricr-30-00-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.10}
A.Applicable Rules and Regulations: Part 150-05-1 of this Title Water Quality Regulations.
B.Water Quality Certification Fees:
1.Four hundred dollars ($400.00)
2.Modification Request for a Previously Approved Project (excluding renewals): One half (1/2) of the Original Fee.
3.Water Quality Certification fees are waived for projects where the sole purpose is water quality improvement or wetlands restoration
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
##### **250-RICR-30-00-1 § 1.11** Office of Air Resources {#sec-250-ricr-30-00-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.11}
A.Applicable Rules and Regulations: Part 120-05-9 of this Title, “Air Pollution Control Permits and Part 120-05-22 of this Title, Air Pollution Control Regulation No. 22 – Air Toxics.
B.Fees:
AIR RESOURCES FEES
Major Source Permit
$25,410.00
Complex Minor Source
$4,620.00
Minor Source
$1,271.00
Toxic Operating Sources
$809.00
Second Tier
$2,310.00
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
##### **250-RICR-30-00-1 § 1.12** Payment Methods {#sec-250-ricr-30-00-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-1#1.12}
A.Checks
Checks shall be made payable to “General Treasurer, State of Rhode Island.”
B.Electronic Transfers and Credit Cards
At such time that the Department of Environmental Management establishes a system for accepting electronic transfers and credit card charges for payment of fees, the payer of the fee by these methods shall be responsible for payment of all processing or transaction fees in addition to the fee specified herein.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2005-04-17 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 04/17/2005*
#### **250-RICR-30-00-2** Rules Related to Electronic Document Submissions
##### **250-RICR-30-00-2 § 2.1** Purpose {#sec-250-ricr-30-00-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-2#2.1}
The purpose of these Rules and Regulations is to allow electronic document submissions to an electronic document receiving system in lieu of paper documents required by DEM administered programs as announced and specified by the Director on DEM’s public website.
**History**
- *Amendment — effective from 2022-11-03 to current*
- *Periodic Refile — effective from 2022-01-04 to 11/03/2022*
- *Technical Revision — effective from 2012-01-10 to 01/04/2022*
- *Adoption — effective from 2012-01-10 to 01/10/2012*
##### **250-RICR-30-00-2 § 2.2** Authority {#sec-250-ricr-30-00-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-2#2.2}
These Rules and Regulations are adopted pursuant to R.I. Gen. Laws Chapter 42-17.1, Department of Environmental Management, and Chapter 42-127.1, Uniform Electronic Transactions Act, and in accordance with Chapter 42-35, the Administrative Procedures Act.
**History**
- *Amendment — effective from 2022-11-03 to current*
- *Periodic Refile — effective from 2022-01-04 to 11/03/2022*
- *Technical Revision — effective from 2012-01-10 to 01/04/2022*
- *Adoption — effective from 2012-01-10 to 01/10/2012*
##### **250-RICR-30-00-2 § 2.3** Application {#sec-250-ricr-30-00-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-2#2.3}
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.
**History**
- *Amendment — effective from 2022-11-03 to current*
- *Periodic Refile — effective from 2022-01-04 to 11/03/2022*
- *Technical Revision — effective from 2012-01-10 to 01/04/2022*
- *Adoption — effective from 2012-01-10 to 01/10/2012*
##### **250-RICR-30-00-2 § 2.4** Definitions {#sec-250-ricr-30-00-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-2#2.4}
A.For the purposes of these Regulations, the following terms shall have the following meanings:
1.“Copy of record” means a true and correct copy of an electronic document received by an electronic document receiving system, which can be viewed in a human readable format that clearly and accurately associates all the information provided in the electronic document with descriptions or labeling of the information. A copy of record includes:
a.Any electronic signature contained in or logically associated with the document;
b.The date and time of receipt; and
c.Any other information used to record the meaning of the document or the circumstances of its receipt.
2.“DEM administered program” means any program implemented by DEM under laws of the State of Rhode Island, or a Federal program that the United States Environmental Protection Agency (EPA) has delegated to, authorized, or approved the DEM, on behalf of the State of Rhode Island, to administer, or a program that the EPA has delegated to, authorized, or approved the DEM to administer in lieu of a Federal program, under provisions of Title 40 of the Code of Federal Regulations (C.F.R.) and for which the delegation, authorization or approval has not been withdrawn or expired.
3.“Electronic document” means any information that is submitted to the DEM's electronic document receiving system in digital form to satisfy requirements of a DEM administered program and may include data, text, images, sounds, codes, computer programs, software, or databases.
4.“Electronic document receiving system” means the apparatus, procedures, software, or records established by the Director and used by the DEM to receive electronic documents in lieu of paper.
5.“Electronic signature” means any information in digital form attached to or logically associated with a record submitted to the DEM's electronic document receiving system and executed or adopted by a person with the intent of expressing the same meaning as would a handwritten signature if affixed to an equivalent paper document with the same content.
6.“Electronic signature agreement” means a written agreement in a paper or electronic format prepared by the Director and signed by an individual with respect to an electronic signature device that the individual will use to create his or her electronic signature.
7.“Electronic signature device” means a code or other mechanism, assigned to an individual who is uniquely entitled to use it and that is then used to create the individual's electronic signature.
8.“Handwritten signature” means the scripted name or legal mark of an individual made by that individual with the intention to authenticate a seal in a permanent form.
9.“Signatory” means an individual authorized to and who signs a document submitted to the DEM’s electronic document receiving system pursuant to an electronic signature agreement in a format acceptable to the DEM.
10.“Valid electronic signature” means an electronic signature on an electronic document created by using an electronic signature device that the identified signatory is uniquely entitled to use for signing the electronic document, provided the device has not been compromised and provided the signatory is an individual authorized to sign the document by virtue of legal status or relationship to the entity on whose behalf the signature is created.
**History**
- *Amendment — effective from 2022-11-03 to current*
- *Periodic Refile — effective from 2022-01-04 to 11/03/2022*
- *Technical Revision — effective from 2012-01-10 to 01/04/2022*
- *Adoption — effective from 2012-01-10 to 01/10/2012*
##### **250-RICR-30-00-2 § 2.5** Use of Electronic Document Receiving System {#sec-250-ricr-30-00-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-2#2.5}
A.Once an electronic document receiving system has been made available, the Director shall announce on the DEM's public website that the DEM is accepting specified electronic documents in lieu of paper to satisfy requirements under a DEM administered program. Individuals who submit such electronic documents must use the electronic document receiving system indicated by the Director in the online announcement.
B.Documents subject to the United States Environmental Protection Agency's Cross Media Electronic Reporting Rule (CROMERR) may only be submitted through a receiving system approved by the EPA based on the requirements outlined in 40 C.F.R. § 3.1000.
C.The Director may exercise discretion to select alternative system standards for documents not subject to § 2.5(B) of this Part in compliance with the R.I. Gen. Laws § 42-127.1-1 et seq., the Uniform Electronic Transactions Act. Alternative system standards shall also be announced on the DEM's public website.
D.Any electronic document submitted must bear the valid electronic signature of a signatory, if that signatory would be required under the DEM-administered program to provide a handwritten signature on the paper document for which the electronic document substitutes.
E.If no signature is required under the DEM authorized program, individuals may submit electronic documents in lieu of paper to satisfy requirements of such programs through the appropriate electronic document receiving system without an electronic signature or an electronic signature agreement, however, users shall be required to comply with the authorization and validation requirements of the electronic document receiving system.
**History**
- *Amendment — effective from 2022-11-03 to current*
- *Periodic Refile — effective from 2022-01-04 to 11/03/2022*
- *Technical Revision — effective from 2012-01-10 to 01/04/2022*
- *Adoption — effective from 2012-01-10 to 01/10/2012*
##### **250-RICR-30-00-2 § 2.6** Electronic Signature Agreement {#sec-250-ricr-30-00-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-2#2.6}
A.In the case of an electronic document that must bear the electronic signature of a signatory under a DEM administered program, each signatory must execute an electronic signature agreement.
B.All agreements shall be filed with the electronic document receiving system administrator. The agreement shall include the information and follow the appropriate format specified by the Director on the DEM’s public website.
C.The identity and authority of each individual submitting an electronic signature agreement shall be verified by the DEM. After the DEM has satisfactorily completed the verification, the DEM shall notify the individual electronically, issue a unique electronic signature device to the individual, and request that the individual establish a password to be used in connection with the device.
**History**
- *Amendment — effective from 2022-11-03 to current*
- *Periodic Refile — effective from 2022-01-04 to 11/03/2022*
- *Technical Revision — effective from 2012-01-10 to 01/04/2022*
- *Adoption — effective from 2012-01-10 to 01/10/2012*
##### **250-RICR-30-00-2 § 2.7** Valid Electronic Signature {#sec-250-ricr-30-00-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-2#2.7}
A.An authorized signatory may not allow another individual to use the electronic signature device unique to his or her electronic signature.
B.When the electronic signature device is used to create an individual's electronic signature, the code or mechanism must be unique to that individual at the time the signature is created and the individual must be uniquely entitled to use it. The signatory shall:
1.Protect the electronic signature device from compromise; and
2.Report to the DEM, or the DEM designated electronic document receiving system administrator, within one business day of discovery, any evidence that the security of the device has been compromised.
**History**
- *Amendment — effective from 2022-11-03 to current*
- *Periodic Refile — effective from 2022-01-04 to 11/03/2022*
- *Technical Revision — effective from 2012-01-10 to 01/04/2022*
- *Adoption — effective from 2012-01-10 to 01/10/2012*
##### **250-RICR-30-00-2 § 2.8** Effect of Electronic Signature {#sec-250-ricr-30-00-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-2#2.8}
A.Absent any evidence of fraud or information indicating otherwise, the presence of an electronic signature on an electronic document submitted to the DEM establishes that the signatory intended to sign the electronic document and to submit it to the DEM to fulfill the purpose of the electronic document.
B.Where an electronic document submitted to satisfy a reporting requirement of an authorized or state program bears an electronic signature, the electronic signature legally binds, obligates, and makes the signatory responsible to the same extent as the signatory's hand-written signature on a paper document submitted to satisfy the same reporting requirement. If an applicable law or Rule requires a handwritten signature on a document, an electronic signature shall be deemed to have satisfied said requirement.
**History**
- *Amendment — effective from 2022-11-03 to current*
- *Periodic Refile — effective from 2022-01-04 to 11/03/2022*
- *Technical Revision — effective from 2012-01-10 to 01/04/2022*
- *Adoption — effective from 2012-01-10 to 01/10/2012*
##### **250-RICR-30-00-2 § 2.9** Enforcement {#sec-250-ricr-30-00-2-2.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-2#2.9}
A.If the submitter or signatory fails to comply with a reporting requirement by failing to comply with the provisions of this subchapter, the electronic signature agreement, or other applicable reporting requirements, the submitter or signatory shall be subject to any appropriate civil or criminal penalties or other remedies under State or federal law.
B.Nothing provided herein shall limit the use of an electronic document, copy of record, or other information derived from an electronic document as evidence in enforcement proceedings.
**History**
- *Amendment — effective from 2022-11-03 to current*
- *Periodic Refile — effective from 2022-01-04 to 11/03/2022*
- *Technical Revision — effective from 2012-01-10 to 01/04/2022*
- *Adoption — effective from 2012-01-10 to 01/10/2012*
##### **250-RICR-30-00-2 § 2.10** Severability {#sec-250-ricr-30-00-2-2.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-2#2.10}
If any provisions 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.
**History**
- *Amendment — effective from 2022-11-03 to current*
- *Periodic Refile — effective from 2022-01-04 to 11/03/2022*
- *Technical Revision — effective from 2012-01-10 to 01/04/2022*
- *Adoption — effective from 2012-01-10 to 01/10/2012*
#### **250-RICR-30-00-3** Rules and Regulations Governing Fish and Wildlife Vendor Agents
##### **250-RICR-30-00-3 § 3.1** Authority {#sec-250-ricr-30-00-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-3#3.1}
A.These regulations are adopted pursuant to R.I. Gen. Laws Chapters 42-35, 42-17.1, 42-17.6, 20-1, and 20-2.
B.These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, “Department of Environmental Management”, Chapter 42-17.6, “Administrative Penalties for Environmental Violations”, Chapter 20-1, “General Provisions” and Chapter 20-2, “Licensing” in accordance with the provisions of Chapter 42-35, “Administrative Procedures Act”.
C.The Offices of Management Services, the Office of Boat Registration and Licensing, and the Division of Law Enforcement shall be responsible for administering and enforcing these Rules and Regulations on behalf of the Director. The Offices of Management Services, the Office of Boat Registration and Licensing, and the Division of Law Enforcement, may at any time, when necessary, consult with and/or coordinate its responsibilities and duties with any other Division, Section, Office, or program of the Department of Environmental Management.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-05-27 to 01/04/2022*
- *Technical Revision — effective from 2002-05-27 to 05/27/2002*
- *Amendment — effective from 2002-05-27 to 05/27/2002*
- *Periodic Refile — effective from 2001-12-31 to 05/27/2002*
##### **250-RICR-30-00-3 § 3.2** Introduction and Purpose {#sec-250-ricr-30-00-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-3#3.2}
These Rules and Regulations are promulgated by the Director of the Department of Environmental Management to establish procedures and requirements governing agents authorized by the Director to issue licenses that are required for hunting, fishing and the taking of fish, game, birds, shellfish, or other wild animals within the State of Rhode Island and its territorial waters and to require such agents to deliver to the Director a bond. These Rules and Regulations are further promulgated to administer and enforce R.I. Gen. Laws §§ 20-2-1 and 20-2-13.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-05-27 to 01/04/2022*
- *Technical Revision — effective from 2002-05-27 to 05/27/2002*
- *Amendment — effective from 2002-05-27 to 05/27/2002*
- *Periodic Refile — effective from 2001-12-31 to 05/27/2002*
##### **250-RICR-30-00-3 § 3.3** Application {#sec-250-ricr-30-00-3-3.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-3#3.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-05-27 to 01/04/2022*
- *Technical Revision — effective from 2002-05-27 to 05/27/2002*
- *Amendment — effective from 2002-05-27 to 05/27/2002*
- *Periodic Refile — effective from 2001-12-31 to 05/27/2002*
##### **250-RICR-30-00-3 § 3.4** Definitions {#sec-250-ricr-30-00-3-3.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-3#3.4}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1.“Administrative Adjudication Division" or "AAD” means the Rhode Island Department of Environmental Management Administrative Adjudication Division for Environmental Matters.
2.“Agent” means any responsible citizen or corporation of this State or of adjoining States, engaged in operating sporting goods citizen and/or corporations to act as agents with authority to issue licenses, permits and stamps in the manner and under the conditions set for in R.I. Gen. Laws Chapter 20-2.
3.“Application” means the form or forms prescribed by the Department for citizens and/or corporations to apply to the Department to become an agent of the Director with authority to and for the purpose of issuing licenses, permits and stamps in the manner and under the conditions set for in R.I. Gen. Laws Chapter 20-2.
4.“Bond” means a written promise to pay money or do some act within a certain time.
5.“Citizen” means a person who is a citizen of the United States of America.
6.“Corporation” means an entity having authority under law to act as a single person distinct from the shareholders that own it.
7.“Department” means the Department of Environmental Management or DEM, and may be used interchangeably.
8.“Director” means the Director and/or his or her designee of the Department of Environmental Management.
9.“Division of Law Enforcement” means the Division of Law Enforcement within the Department of Environmental Management.
10.“License” means any licenses, permits, tags, or stamps that are required for hunting, fishing and the taking of fish, game, birds, shellfish, or other wild animals within the State of Rhode Island and its territorial waters.
11.“Licensee” means any person authorized to receive a license pursuant to R.I. Gen. Laws Chapter 20-2, which authorizes the registrant to fish, shellfish, or to pursue, hunt, and kill game in the State of Rhode Island during those seasons and according to those conditions as shall be provided by law.
12.“Resident” means an individual who has had his or her actual place of residence and has lived in the State of Rhode Island for a continuous period of not less than six (6) months.
13.“State” means the State of Rhode Island.
14.“Surety company” means a company or corporation authorized to do business in the State of Rhode Island to engage in the business of entering into guaranty and suretyship contracts and acting as a surety on bonds.
B.As used in these Rules and Regulations, all terms not defined herein shall have the meaning given them in R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-05-27 to 01/04/2022*
- *Technical Revision — effective from 2002-05-27 to 05/27/2002*
- *Amendment — effective from 2002-05-27 to 05/27/2002*
- *Periodic Refile — effective from 2001-12-31 to 05/27/2002*
##### **250-RICR-30-00-3 § 3.5** Agent Requirements {#sec-250-ricr-30-00-3-3.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-3#3.5}
3.5.1Becoming an Agent
A.Every citizen and/or corporation who seeks authority from the Director to act as an agent of the Director to issue licenses for hunting, fishing and the taking of fish, game, birds, shellfish, or other wild animals within the State of Rhode Island and its territorial waters for the State of Rhode Island, must submit a written application to the Director and/or his or her designee.
B.Such application will be on forms provided by the Office of Boat Registration & Licensing or as otherwise designated by the Office of Boat Registration & Licensing, however the application must provide the following information:
1.Name and address of citizen and/or corporation seeking to serve as an authorized agent of the Director; and,
2.Description of citizen and/or corporation, including, but not limited to whether the citizen and/or corporation is a sporting goods store; and,
3.Hours of operation of citizen and/or corporation; and,
4.The name, address, and telephone number of the designated contact person(s) to serve as liaison between the citizen and/or corporation and the Office of Boat Registration and Licensing; and any other information as reasonably requested by the Department.
C.All citizens and/or corporations are required to enter an agreement with the Department prior to approval by the Director to become an agent. Such agreement will be on forms prescribed by the Office of Boat Registration & Licensing.
D.All corporations or partnerships are required to provide a certificate of disclosure of corporation or partnership and a certificate of good standing or legal existence, if applicable, from the Secretary of State prior to approval by the Director to become an agent.
E.The Office of Boat Registration & Licensing must receive the written on-site inspection and report of the findings of the Division of Law Enforcement pursuant to § 3.5.3 of this Part herein prior to appointment as an agent.
3.5.2Bond Requirements
A.Any citizen and/or corporation who seeks authority from the Director to act as an agent of the Director to issue licenses for hunting, fishing and the taking of fish, game, birds, shellfish, or other wild animals within the State of Rhode Island and its territorial waters for the State of Rhode Island must obtain a bond with a surety company authorized to do business in the State of Rhode Island. All agents are required to obtain a surety bond in the amount of ten thousand dollars ($10,000.00). The bond requirements are as follows:
1.All agents must keep their bonds in full force for the entire licensing year; and,
2.All agents are required to notify the Office of Boat Registration & Licensing within 48 hours of cancellation or lapse of their bond; and,
3.All agents must provide the Office of Boat Registration & Licensing a true copy of their bond along with their agent application.
B.Failure to obtain a bond or any other violation of §§ 3.5.2(A)(1) through (A)(3) of this Part above is grounds to deny, suspend or revoke an agent’s authorization to issue licenses.
C.The bond will cover all license types sold and must be renewed annually, prior to any new licenses being issued to the agent. The bond must be renewed prior to March 1st of each year, and remain valid March 1st through the last day in February, annually.
D.Agents shall obtain a surety bond in the amount of ten thousand dollars ($10,000.00) that covers each location or premises in which licenses are sold in accordance with these regulations.
3.5.3On-Site Inspection and Report
A.Upon receipt by the Director and/or his or her designee of an application pursuant to § 3.5.1(A) of this Part, the citizen and/or corporation’s place of business shall be inspected by a representative of Department’s Division of Law Enforcement. Such inspection shall include but not be limited to:
1.Verification of facts contained in agent application, and;
2.Whether the applicant has a permit to make retail sales, and;
3.Whether the location where sales are to be made is a sporting goods store, and;
4.A criminal background check.
B.Such inspection shall take place at a reasonable time and for a reasonable duration.
C.The Division of Law Enforcement shall make a written report of the findings of the inspection. Such inspection report shall be transmitted to the Office of Boat Registration & Licensing.
D.Such written report by the Division of Law Enforcement shall be made available to the citizen/corporation upon written request subject to the provisions of R.I. Gen. Laws § 38-2-1 et. seq.
E.The Division of Law Enforcement may conduct inspections of agents at any reasonable time.
3.5.4Obtaining Licenses from the Department
A.Agents may obtain Licenses from the Department that are required for hunting, fishing and the taking of fish, game, birds, shellfish, or other wild animals within the State of Rhode Island and its territorial waters pursuant to these Rules and Regulations upon satisfactory receipt of all of the following:
1.A completed agent application; and,
2.A copy of the current year’s bond; and,
3.The inspection report from the Division of Law Enforcement; and,
4.Completed and signed agreement with the Office of Boat Registration & Licensing.
B.No new licenses will be sent out if the prior month or year’s account has an outstanding balance, or if the agent is in violation of these Rules and Regulations.
C.Each agent shall be assigned an agent number that is to be used on all correspondence to the Office of Boat Registration & Licensing.
D.Agents who sell their business or close before the end of the season must return all unsold and voided licenses and monies owed to the Department within five (5) business days of the sale or closure of the business. Agents shall not transfer licenses to new business owners, other agents or other locations. Failure to comply with these rules may result in collection action or further legal action.
3.5.5Issuance of Licenses
A.All licenses shall be issued in accordance with the following requirements:
1.Agents and their employees shall issue all licenses in compliance with R.I. Gen. Laws § 20-13-5;
2.Agents and their employees shall remit all money and license receipts to the State in compliance with R.I. Gen. Laws §§ 20-2-3 and 20-2-4;
3.Agents and their employees shall verify all hunter safety requirements in compliance with R.I. Gen. Laws § 20-13-4 at the point of sale as shown on license application prior to the issuance of a license;
4.Agents and their employees shall display all Department issued signs in a conspicuous location at the point of sale;
5.Licenses shall be issued only by approved agents or by authorized employees of such agents who have been properly trained by the agents in the issuance of licenses;
6.Agents shall be responsible for all licenses issued to them by the State whether sold, lost, missing, stolen, damaged or voided;
7.All licenses shall be issued in consecutive license number order;
8.Licenses shall not be backdated for any reason;
9.If a mistake is made in filling out a license, the license must be voided and a new license issued. Licenses containing erasures, changes or corrections of any kind shall be void and invalid.
10.Agents shall notify the Office of Boat Registration & Licensing if a licensee’s payment for a license by check or credit card is returned by the bank or otherwise invalidated by the bank or credit card company. The Office of Boat Registration & Licensing shall immediately notify the Division of Law Enforcement of same.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-05-27 to 01/04/2022*
- *Technical Revision — effective from 2002-05-27 to 05/27/2002*
- *Amendment — effective from 2002-05-27 to 05/27/2002*
- *Periodic Refile — effective from 2001-12-31 to 05/27/2002*
##### **250-RICR-30-00-3 § 3.6** Penalties {#sec-250-ricr-30-00-3-3.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-3#3.6}
3.6.1Penalties
A.In the event of a violation of these regulations the Director may:
1.Issue a written warning to an agent; and/or,
2.Suspend an agent’s authority to issue licenses; and/or,
3.Revoke an agent’s authority to issue licenses; and/or,
4.Assess penalties in accordance with R.I. Gen. Laws Chapter 42-17.6 and the Rules and Regulations for Assessment of Administrative Penalties; and/or,
5.Assert a claim on an agent’s bond in the event of an agent’s failure to remit monies due the State.
6.In accordance with R.I. Gen. Laws § 20-2-3, all license coupon books supplied to agents remain state property. Accordingly, the Department reserves the right to retrieve any unsold or voided license coupon books, tags or stamps at any time where an agent has:
a.Failed to remit all monies due to the Department on the first Monday of every month in accordance with R.I. Gen. Laws § 20-2-3 and;
b.The Director reasonably believes that said monies exceed or are projected to exceed the amount of the agent’s bond during the following month.
3.6.2Notice of Suspension or Revocation of Agent Authority
A.The Department may issue notice in the form of a suspension or revocation of agent authority to any agent who is in violation of these regulations or any other law, rule or regulation regarding the issuance of licenses for hunting, fishing and the taking of fish, game, birds, shellfish, or other wild animals within the State of Rhode Island and its territorial waters for the State of Rhode Island;
B.The party served with a notice of suspension or revocation of agent authority may request an adjudicatory hearing with the Administrative Adjudication Division within thirty (30) days of the date of the written notice. Failure to request a hearing within said time period constitutes a waiver of the right to appeal.
C.The request for an adjudicatory hearing must be made in writing and in accordance with the Rules and Regulations for Administrative Adjudication Division and filed with the Administrative Adjudication Division a copy of such request must be forwarded to the Office of Boat Registration & Licensing.
D.A notice of suspension or revocation automatically becomes a final order of the Director enforceable in Superior Court upon failure to request an adjudicatory hearing as set forth herein.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-05-27 to 01/04/2022*
- *Technical Revision — effective from 2002-05-27 to 05/27/2002*
- *Amendment — effective from 2002-05-27 to 05/27/2002*
- *Periodic Refile — effective from 2001-12-31 to 05/27/2002*
##### **250-RICR-30-00-3 § 3.7** Severability {#sec-250-ricr-30-00-3-3.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-3#3.7}
If any provision of these Rules and Regulations, or the application thereof to any person, corporation, business entity, 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-05-27 to 01/04/2022*
- *Technical Revision — effective from 2002-05-27 to 05/27/2002*
- *Amendment — effective from 2002-05-27 to 05/27/2002*
- *Periodic Refile — effective from 2001-12-31 to 05/27/2002*
##### **250-RICR-30-00-3 § 3.8** Superseded Rules and Regulations {#sec-250-ricr-30-00-3-3.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-30-00-3#3.8}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of R.I. Gen. Laws § 20-2-2, shall be superseded except as set forth herein. However, any actions taken by, or application submitted to, the Department prior to the effective date of these Rules and Regulations shall be governed by the policies in effect at the time the action was taken, or application filed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-05-27 to 01/04/2022*
- *Technical Revision — effective from 2002-05-27 to 05/27/2002*
- *Amendment — effective from 2002-05-27 to 05/27/2002*
- *Periodic Refile — effective from 2001-12-31 to 05/27/2002*
## **Chapter 40** Agriculture and Resource Marketing
### **Subchapter 05** Animal Health
#### **250-RICR-40-05-1** Rules and Regulations Governing the Importation of Domestic Animals
##### **250-RICR-40-05-1 § 1.1** Purpose {#sec-250-ricr-40-05-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.1}
The purpose of these rules and regulations is to permit the importation into the State of Rhode Island of only those domestic animals which are disease free or which originate from sources that have qualified as disease free according to State or Federal Standards.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.2** Authority {#sec-250-ricr-40-05-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.2}
These rules and regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, Environmental Management, R.I. Gen. Laws § 4-4-23 and R.I. Gen. Laws Chapter 42-35, Administrative Procedures.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.3** Administrative Findings {#sec-250-ricr-40-05-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.3}
Animals harboring infectious diseases present a health threat to the domestic animals, native wildlife and human populations of Rhode Island. Many infectious, contagious diseases of animals are not readily detected through physical examination and anamnesis, but require the application of approved laboratory diagnostic procedures by professionally trained and supervised personnel. Therefore, only animals that have been tested and found to be disease-free or originate from qualified disease-free sources may be allowed entry into Rhode Island. It is necessary that any animal testing positive for certain diseases pursuant to such procedures may be denied entrance into Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.4** Incorporated Materials {#sec-250-ricr-40-05-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.4}
A.These regulations hereby adopt and incorporate the 2003 Pseudorabies Eradication State-Federal-Industry Program Standards as developed by the United States Department of Agriculture (USDA) 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. The 2003 Pseudorabies Eradication State-Federal-Industry Program Standards can be found at the following URL (The document is the reference. The URL is only provided as a convenience to the reader): https://www.aphis.usda.gov/animal_health/animal_dis_spec/swine/downloads/prv_program_standards.pdf.
B.These regulations hereby adopt and incorporate the 2003 Brucellosis Eradication Uniform Methods and Rules as developed by the United States Department of Agriculture (USDA) 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. The 2003 Brucellosis Eradication Uniform Methods and Rules can be found at the following URL (The document is the reference. The URL is only provided as a convenience to the reader): https://www.aphis.usda.gov/animal_health/animal_diseases/brucellosis/downloads/umr_bovine_bruc.pdf.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.5** Definitions {#sec-250-ricr-40-05-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.5}
A.For the purpose of these regulations, the following terms shall have the following meanings:
1.“Accredited veterinarian” means a veterinarian approved by the Administrator of the Animal Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA), to perform functions required by animal disease control and eradication programs.
2.“Animal broker” means any third party who arranges, delivers, or otherwise facilitates transfer of ownership of animal(s), through adoption or fostering, from one party to another, whether or not the party receives a fee for providing that service and whether or not the party takes physical possession of the animal(s) at any point.
3.“Approved feeder pig market” means any facility as defined in the 2003 Pseudorabies Eradication State-Federal-Industry Program Standards.
4.“Approved slaughter market” means any facility as defined in the 2003 Pseudorabies Eradication State-Federal-Industry Program Standards.
5.“Breeding swine” means any sexually mature and sexually intact commercial swine.
6.“Camelids” means those ruminant animals used as beasts of burden or source of wool, milk, or meat, including, but not limited to camels, llamas, and alpacas.
7.“Carrier” means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise, which is engaged in the business of transporting any animals for hire.
8.“Class a, b, c” means those grades as delineated in the 2003 Brucellosis Eradication Uniform Methods and Rules.
9.“Commercial swine” means swine of any age that is raised for the production of meat including breeding swine whose progeny will be used for the production of meat. Research swine that can be demonstrated as being specific pathogen-free are considered commercial swine for the purposes of these regulations.
10.“Certificate of veterinary inspection” or “CVI” means an official document that is required for the lawful interstate movement of animals, unless exempted. This document must meet all of the provisions set forth in § 1.7(B) of this Part.
11.“Dairy cattle” means any individual animal, regardless of gender, of a breed of cattle that is primarily used for the production of milk, including but not limited to the following breeds and crosses: Holstein, Jersey, Ayrshire, Milking Shorthorn, Guernsey, and Brown Swiss.
12.“Department” means the Rhode Island Department of Environmental Management or any employee thereof.
13.“Domestic animal” means any animal, which through extremely long association with humans, have been bred to a degree that has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species. Such animals may include but are not limited to:
a.“Domestic dog” (Canis familiaris) excluding hybrids with wild canids
b.“Domestic cat” (Felis catus) excluding hybrids with wild felines
c.“Domestic equines” (Equus caballus, Equus asinus) including hybrids thereof
d.“Domestic cattle” (Bos taurus and Bos indicus)
e.“Domestic swine” (Sus scrofa domestica)
f.“Domestic sheep” (Ovis aries)
g.“Domestic goat” (Capra hircus)
h.“Llama” (Lama glama)
i.“Alpaca” (Lama pacos)
j.“Dromedary” (Camelus dromedarius)
k.“Domestic water buffalo” (Bubalis bubalis)
l.“Domestic yak” (Bos grunniens)
m.“Domestic hamster” derived from Mesocricetus auratus and Phodopus sp.
n.“Mongolian gerbil” (Meriones unguiculatus)
o.“Laboratory rat”, including breeds, varieties, and strains derived from the Norway rat (Rattus norvegicus)
p.“Laboratory mouse”, including breeds, varieties, and strains derived from the house mouse (Mus musculus)
q.“Guinea pig” (Cavia porcellus)
r.“Domestic rabbit”, means including breeds, varieties, and strains derived from the European rabbit (Oryctolagus cuniculus) but not including the European rabbit (Ferae naturae) and not including the so-called "San Juan" rabbit.
s.“Domestic geese” means derived from the greylag goose (Anser anser), including, but not restricted to, Emden goose, Gray African goose, Pilgrim goose, Sebastopol goose, and Toulouse goose, derived from the swan goose (Anser cygnoides), including, but not restricted to, the African goose and the Chinese goose, derived from the Egyptian goose (Alopochen aegyptiaca).
t.“Domestic ducks” means derived from the Mallard (Anas platyrhynchos), including, but not restricted to, Aylesbury duck, Blue Swedish duck, Buff duck, Cayuga duck, Crested White duck, English call duck, Indian runner duck, Pekin duck, and Roen duck, derived from the Muscovy duck (Cairina moschata).
u.“Common coturnix” (Coturnix or C. japonica).
v.“Domestic chicken” (Gallus "domesticus") means derived from the red junglefowl (Gallus gallus).
w.“Peafowl” (blue peafowl) (Pavo cristatus).
x.“Domestic guineafowl” means derived from the helmet guineafowl (Numida meleagris). “Domestic Turkey” derived from the wild turkey (Meleagris gallopavo) and including breeds and varieties recognized by the American Poultry Association and the U.S. Department of Agriculture, but not including the wild turkey (Ferae naturae) and captive or captive-bred individuals thereof and not including the pen-raised or game-farm non-standard variety "Wild Turkey".
y.“Common pigeon” (rock dove) derived from the blue rock pigeon (Columba livia)
z.“Ratites” including but not limited to ostriches, emu, rheas, and kiwi
14.“Equidae” means those members of the family of animals including but not limited to horses, mules, and burros.
15.“Feeder pigs” means any commercial pig weighing twenty (20) pounds to one hundred (100) pounds inclusive.
16.“Feeder pig monitored herd” means such animals as defined in the 2003 Pseudorabies Eradication State-Federal-Industry Program Standards.
17.“Finish swine” or “Commercial finish swine” means any commercial pig that is imported for the purpose of slaughter.
18.“Game birds” means any bird hunted for food or sport, including but not limited to pheasant, grouse, quail, and chukars.
19.“Immediate slaughter” or “Immediately slaughtered” means consignment to an approved slaughter market or direct shipment to a state or federally inspected slaughter plant, with slaughter occurring within seventy-two (72) hours of such consignment or direct shipment.
20.“Mexican origin cattle” means any cattle that were imported into the United States from Mexico at any time in their lives. This shall include cattle that were imported from Mexico into another state at any time prior to their importation into RI. Cattle that are branded with an “M” or “MX,” or that have any other identification indicating that they were in Mexico will be sufficient evidence of Mexican origin.
21.“NPIP” means the National Poultry Improvement Plan.
22.“Non-commercial swine” means any animal of the genus and species Sus scrofa that is being kept for a primary purpose other than for conventional slaughter for meat. Such purposes may include, but are not limited to, swine that are kept as pets, companion animals, or game animals.
23.“Official identification” means any state or federally required unique and permanent method of identification that specifically identifies individual animals, in compliance with all applicable state and federal animal identification laws and regulations. Forms of identification include but are not limited to ear tags, brands, bands, tattoos, microchips, and physical description of natural and or acquired markings unique to an individual animal. Physical description is only an acceptable means of identification for dogs, cats, and equines.
24.“Owner shipper statement” means a document that can be used in lieu of a Certificate of Veterinary Inspection only for animals that are being moved interstate directly to an approved slaughter market or to a state or federally inspected slaughter plant.
25.“Person" or "importer” means any person, firm, association, organization, partnership, business trust, corporation, or company, including but not limited to educational and research institutions, zoological gardens, schools, pet stores, and laboratories.
26.“Poultry” means any fowl raised for eggs, meat, or ornamental purposes including, but not limited to, chickens, ducks, geese, and turkeys.
27.“Qualified pseudorabies negative herd” means such creatures as defined in the 2003 Pseudorabies Eradication State-Federal-Industry Program Standards.
28.“Record” or “Records” means information that is kept in a paper or electronic format that is consistent with the information that is required to be kept for animals. The information must be kept in a format that is readily able to be inspected by anyone authorized to conduct an inspection. All information must be kept in or translated into English prior to being presented to inspectors.
29.“Remote sale” means the retail purchase of any animal without first having the opportunity to physically observe or handle the animal, as commonly occurs in internet sales or phone order sales of animals.
30.“Recognized slaughter establishment” means any facility as defined in the 2003 Pseudorabies Eradication State-Federal-Industry Program Standards.
31.“Responsible party” as used in § 1.22 of this Part means a person who will serve as the point of contact for the Department and is responsible for providing any and all records to the Department upon request.
32.“Stage I, II, III, IV, V” means those grades as delineated in 2003 Pseudorabies Eradication State-Federal-Industry Program Standards.
33.“Sub-registrant” as used in § 1.8 of this Part shall mean any unregistered entity that is performing an activity that is regulated under § 1.8 of this Part and is doing so by, or on behalf of, a registered entity.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.6** General Requirements and General Exemptions {#sec-250-ricr-40-05-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.6}
A.No person shall import, or cause to be imported into the state, any domestic animal, including but not limited to goats, cattle, swine, sheep, equines, camelids, dogs, cats, poultry, or ratites unless such animal(s) is accompanied by a Certificate of Veterinary Inspection and Import Permit pursuant to R.I. Gen. Laws Chapter 4-5, or an Owner Shipper Statement as these regulations require.
B.No person shall import, or cause to be imported into the state, any animal(s) or bird(s) which originates from any state or region that is under any state or federal quarantine that has been issued due to the presence or suspected presence of a contagious disease unless approved, in writing, by the Rhode Island State Veterinarian.
C.No person shall import, or cause to be imported into the state, any animal(s) or bird(s) that is affected with or has been exposed to any contagious disease unless approved, in writing, by the Rhode Island State Veterinarian.
D.Any person required to keep records pursuant to these regulations and who receives a records request from any agent duly authorized in this document to request records, must produce those records within twenty-four (24) hours of the request being made. Such request may be made by phone, facsimile, email, text message, or other generally used means of communications.
E.Official identification of each animal as required by state and federal animal identification laws and regulations to include, but not be limited to, any required permanent and unique identification such as official ear tags, brands, bands, registration tattoos when accompanied by breed registration papers, microchips, or other forms of identification as accepted by the Department.
F.Exemptions from permits and specific requirements for individual species may be provided for the purpose of fair, show, and exhibition as deemed appropriate by the Rhode Island State Veterinarian. The exemptions for fair, show, and exhibition can be found in § 1.22 of this Part.
G.Exemptions from individual animal identification and the requirement for a Certificate of Veterinary Inspection will be made for hatching eggs and day-old chicks shipped from NPIP enrolled flocks that are certified pullorum free.
H.Exemptions from certain pre-importation testing requirements may be made on a case-by-case basis. Anyone seeking relief from pre-importation testing requirements must receive prior written approval from the Rhode Island State Veterinarian. The Rhode Island State Veterinarian reserves the right to require in lieu of pre-importation testing requirements any post importation testing, quarantine, and/or examinations that he/she feels is as protective as the pre-importation testing. The cost of such testing, quarantine, and examination is the financial responsibility of the entity that owns/receives the animals that were imported. Any damages that result from the failure to properly test or quarantine said animals are the financial liability of the entity that owns/receives the animals.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.7** Certificates of Veterinary Inspection and Owner Shipper Statements {#sec-250-ricr-40-05-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.7}
A.No person shall import, or cause to be imported, any domestic animal unless such animal is accompanied by an official Certificate of Veterinary Inspection issued no earlier than thirty (30) days prior to the importation of said animal. The Certificate of Veterinary inspection must be physically or digitally signed by a veterinarian who is licensed and federally accredited in the state of origin. The animals for which the Certificate of Veterinary Inspection is issued must bear a form of identification that is compliant with all applicable state and federal laws and regulations. A copy of the Certificate of Veterinary Inspection must be reviewed by the state animal health official in the state of origin.
B.The Certificate of Veterinary Inspection shall:
1.Be on official paper forms of the state of origin, or on an electronic format that is has been approved for use by the Rhode Island State Veterinarian. Paper forms must be multipart with one part being retained by the attending veterinarian who prepared the document, one (1) part being provided to the owner/guardian of the animal(s) being shipped, one (1) copy being sent to the State Animal Health Official of the state of origin, and one (1) copy being sent to the State Animal Health Official of the state of destination after review by the State Animal Health Official of the state of origin. Electronic formats of certificates must be electronically routed or available to the same recipients as paper certificates are. Note: Forms such as the USDA form VS-7001 or similar forms that do not bear a unique serial number are not considered to meet the requirements of this Part.
2.State that all animals listed on the form have been inspected and found free of signs of contagious, infectious, or communicable disease.
3.Contain the date of the veterinary inspection as well as the dates of all required tests and the results of those tests.
4.Describe the animal(s) by species, breed, age, and sex, and record all official identification, i.e., ear tag, registration tattoo, leg band, microchip, physical description (for dogs, cats, and equines only) or any other form of identification that may be approved by the Department.
5.Contain the data for all required tests and vaccinations, including the date, result(s) of test(s), and the name and address of the laboratory that performed the test(s). All tests reported for import purposes must be USDA officially recognized tests approved by the Department and the tests must be conducted at a state or federally approved laboratory.
6.Have complete name and address, both mailing and physical address, of the consignor and consignee. Postal Boxes or P.O. Boxes without a physical address are not acceptable.
7.Contain the signature, whether physically or digitally signed, of the inspecting federally-accredited veterinarian.
8.Contain an import permit number for all shipments of animals that require an import permit.
9.All copies of the Certificate of Veterinary Inspection, whether paper or electronic format, must be sent to the State Animal Health Official of the state of origin within ten (10) days of issuance. The veterinarian who prepared the document is responsible for ensuring that the Certificate of Veterinary Inspection is sent to the State Animal Health Official of the state of origin.
10.Certificates of Veterinary Inspection are valid for a maximum period of thirty (30) days from issuance unless otherwise noted.
C.Extended Equine Certificates of Veterinary Inspection shall:
1.Satisfy the requirements delineated in §§ 1.7(B)(1) through (9) of this Part.
2.Include, or otherwise be available to the RI State Veterinarian to review, an itinerary or other such log of the interstate travel of the horse to include, but not be limited to, the address of every location the equine has been in the previous six (6) months and the date the animal(s) was moved to those locations, the date the animal(s) will arrive in Rhode Island, and the complete physical address where the animal(s) will be shipped to in Rhode Island.
3.Be valid for a maximum of six (6) months from the time of original issuance by a federally accredited veterinarian.
4.Be valid for equines only.
D.Certificates of Veterinary Inspection may be disapproved by the Rhode Island State Veterinarian if they are incomplete or otherwise do not satisfy the requirements delineated in § 1.7(B) of this Part. Importation of such animals may result in a violation as delineated under § 1.20 of this Part.
E.Owner Shipper Statements may be used in lieu of a Certificate of Veterinary Inspection only for animals that are shipped for immediate slaughter. Animals imported on an Owner Shipper Statement must either: not be commingled with other animals; or, if commingled, those animals that they were commingled with must also be slaughtered at a state or federally inspected slaughter plant within seventy-two (72) hours of commingling.
F.Owner Shipper Statements must contain the following information (Owner Shipper Statements can be downloaded at the following URL; http://www.dem.ri.gov/programs/agriculture/documents/ownrship.pdf):
1.The date of movement.
2.The street address from which the animals are moved (Postal [P.O.] Boxes are not acceptable).
3.The street address of the destination (Postal [P.O.] Boxes are not acceptable).
4.The business type of the destination such as “livestock market,” “slaughter plant,” etc.
5.Name and address including both mailing address and physical address if different, of the consignor or shipper.
6.List of the quantity of each species on the shipment.
7.Signature of the owner and/or shipper if different than the owner of the animals.
8.Record of all official identification in compliance with all State and Federal identification requirements.
G.Owner Shipper Statements shall be retained by the approved slaughter market or the state or federally inspected slaughter plant that received the animal for a period of ten (10) years from the day of the receipt of the animal. These documents are to be provided within twenty-four (24) hours of the request of state or federal animal health officials.
H.Any party that is in possession of an animal that was imported on an Owner Shipper Statement, but that does not cause that animal to be immediately slaughtered, is subject to penalty as defined in § 1.20 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.8** Importation of Dogs and Cats for the Purpose of Rescue, Shelter, Foster Care, Adoption, Brokering, or Remote Sale {#sec-250-ricr-40-05-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.8}
A.Any entities that import a dog or cat for rescue, adoption, foster care, brokering, and/or remote sales must register with the Department via the submittal of an application form provided by the Department. The application can be found at the RI DEM Division of Agriculture/Animal Health website.
B.No entity may import any dog or cat for rescue, adoption, foster care, brokering, or remote sales until the entity is in possession of a valid registration certificate issued by the Department.
C.No entity may transport any dog or cat for rescue, adoption, foster care, brokering, or remote sales into the state for that purpose until the carrier has registered with the Department as a carrier and is in possession of a valid registration certificate issued by the Department. The application can be found at the RI DEM Division of Agriculture/Animal Health website.
D.General Requirements of all entities and carriers:
1.Must register with the Department and hold a valid certificate of registration issued by the Department.
2.Must keep complete records on forms issued by the Department.
3.Must make records available to inspectors from the Department.
4.Must identify a point of contact who resides within the State of Rhode Island who will be responsible for producing all records that the Department may lawfully request. A copy of all records must be kept by the designated point of contact.
5.Must notify the Department of all expected shipments of dogs or cats being imported into the state as to the time and location of the arrival of the shipments. Notification must be received by the Department no less than twenty-four (24) hours prior to arrival of the shipment. Notification may be in the form of email, phone call, voice mail, or written letter. The Department reserves the right to inspect any or all shipments to verify compliance with importation regulations and to verify the health of the animals being imported. It is the responsibility of the entity to notify the Department of the shipment.
6.All animals being imported must be accompanied by a valid Certificate of Veterinary Inspection (CVI) and be currently vaccinated against rabies if age eligible.
E.Requirements of Category A entities: Those entities that import dogs or cats for rescue, adoption, foster care, brokering, or remote sales will be classified as Category A entities if they meet all of the General Requirements enumerated in § 1.8(D) of this Part, in addition to the following:
1.The entity has a detailed pre-import animal processing plan that has been reviewed and approved by the Department.
a.The pre-import processing plan must reference, in detail, the housing conditions, any isolation procedures, any vaccination procedures, any health screenings, and any disease testing/treatment/or preventative measures that have been or will be taken prior to the animal(s) being transported into Rhode Island.
b.The Department will review the plan and will approve it if the plan is determined to be acceptable.
2.All dogs or cats being imported must be accompanied by a CVI that was issued within ten (10) days of the importation.
3.The animals are brought into the state via a USDA licensed carrier. The USDA licensed carrier may be classified as a “carrier,” “contract carrier,” or “intermediate handler” as defined under the Animal Welfare Act and the USDA licensed transporter must be registered with the Department.
4.Entities that are seeking a Category A registration, but that are not intending on using a USDA licensed transporter as in § 1.8(E)(3) of this Part are required to submit the following:
a.A detailed transportation plan to include make and model of the vehicle being used for conveyance,
b.Features of the vehicle that will ensure adequate climate control in the animal compartment, and
c.Sanitation protocols for the conveyance.
d.The Department will review the plan defined in §§ 1.8(E)(4)(a) through (c) of this Part, and, if approved, will issue a Category A registration.
e.Entities that are seeking a Category A registration but that are not intending on using a USDA licensed transporter as in § 1.8(E)(3) of this Part are required to keep all records as defined in § 1.8(H)(2) of this Part.
5.Animals imported by a Category A entity are not required to undergo any further isolation or health verification before being offered for adoption, placed into foster care, or otherwise transferred.
F.Requirements of Category B entities: Those entities that import animals for rescue, adoption, foster care, brokering, and remote sales will be classified as a Category B entity if they meet the General Requirements enumerated in § 1.8(D) of this Part but fail to meet all of the requirements of § 1.8(E) of this Part.
1.All animals imported by Category B entities must be held at an isolation facility approved by the Department for five (5) consecutive days commencing immediately upon entry into the state. All animals imported by Category B entities must be brought directly to the isolation facility without commingling with any animals that are not destined for isolation.
2.Upon completion of the five (5) day isolation, all animals imported by Category B entities must be examined by a licensed veterinarian for the presence of infectious diseases or other conditions that may render the animal unsuitable for adoption, foster, or sale. A copy of the results of all examinations must be kept as part of the animal’s adoption records and must be available for inspection under § 1.8(I) of this Part.
3.Any animal that is determined to be suitable for adoption, foster, or sale may be transferred upon completion of this examination.
4.Any animal that is determined to be unsuitable for adoption, foster, or sale must be held in isolation until a veterinarian is able to determine that the animal is suitable.
G.Changes in Classification:
1.Category A entities may be downgraded to Category B if after an investigation it is demonstrated that procedures approved by the Department or any of the provisions of §§ 1.8(D) and (E) of this Part are not being adhered to or that in spite of adherence to procedures thought to be protective, animals are being imported by the entity that are found to be afflicted with infectious diseases.
2.Category B entities may be upgraded to Category A if, after a certificate of registration was granted, that entity is now able to meet the requirements of § 1.8(E) of this Part, thus allowing classification as a Category A entity.
3.Certificates of registration for Category A and/or Category B entities may be revoked pursuant to the provisions of R.I. Gen. Laws § 4-19-8.
H.Record Keeping:
1.Access to records: All entities, carriers, and sub-registrants are required to maintain and provide any records requested by the Department upon the request of the Department.
2.Transport/Carrier
a.The carrier must have a valid CVI for every animal in transport and if transporting animals for a Category A entity, all CVIs must be issued no greater than ten (10) days prior to arrival into Rhode Island.
b.The carrier must keep a complete manifest to include the following: Name of all entities supplying animals on this shipment, name of all entities that received animals on the shipment, the physical and mailing addresses of all entities supplying and receiving animals, the telephone numbers of all entities supplying and receiving animals on the transport, the identification of all animals on the shipment, all locations where animals are put onto the conveyance and the ID of those animals, all locations where animals are removed from the conveyance and the ID of those animals. The Department will supply all forms for carrier record keeping and the carrier must complete all forms in full and present those forms to the Department upon request.
c.All records that are required to be kept by transporters must be kept for a minimum of one (1) year from the importation of the dog or cat into the State. All records requested from a transporter must be provided to the authorized agent within twenty-four (24) hours of the agent making the request.
3.Category A and B entities must provide and maintain records of:
a.The name, mailing address, physical address, and phone number of the registered entity and all sub-registrants acting as foster homes.
b.Animal ID to include clear digital photos of the animal taken from the left and right sides and from the front in a manner that will demonstrate all unique markings and identifying features, or, microchip number, and the animal’s name, approximate age, gender, predominate color, and predominate breed.
c.The source of the animal and the contact information of the source, where known, including the name, physical address, mailing address, and phone number.
d.The disposition of the animal by adoption to include the adopter’s name, mailing address, physical address, and phone number.
e.The disposition of the animal by foster care, the name, physical address, mailing address, and phone number of the foster home.
f.For Category A entities, the name, address, phone number and state registration number of the carrier (unless exempt under conditions of § 1.8(E)(4) of this Part).
g.The Department will supply forms to be fully completed by the entity. The entity must make all forms available for review at the request of the Department.
h.All records are required to be maintained for a period of three (3) years after the importation of the animal.
I.Inspections: All entities, carriers, and sub-registrants are subject to inspection by the Department, at reasonable times, for enforcement and verification of the provisions of these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.9** Dogs and Cats {#sec-250-ricr-40-05-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.9}
A.Identification and Certificate of Veterinary Inspection are required for the importation of all dogs and cats that are imported into the State of Rhode Island.
B.Rabies: All dogs and cats three (3) months of age or older imported into Rhode Island must be accompanied by proof of rabies vaccination. Pursuant to Part 2 of this Subchapter, Rules and Regulations Governing the Prevention, Control, and Suppression of Rabies within the State of Rhode Island, the only acceptable proof of rabies vaccination is a valid rabies vaccination certificate. The rabies vaccination must have been administered by a licensed veterinarian. Adult animals six (6) months of age or older that have received only an initial or first documented vaccination must have been vaccinated at least thirty (30) days prior to entry into the state. Puppies and kittens three (3) to six (6) months of age that have received initial rabies vaccination are eligible for immediate entry into the State without waiting thirty (30) days.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.10** Cattle {#sec-250-ricr-40-05-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.10}
A.Official Identification and Certificate of Veterinary Inspection required except where noted under § 1.6 of this Part.
B.Rabies: All cattle three (3) months of age or older imported into Rhode Island for exhibition, show, competition, or public display purposes must be accompanied by proof of rabies vaccination not more than one (1) year, nor less than thirty (30) days prior to entry into Rhode Island. Calves that are between three (3) and six (6) months of age may enter Rhode Island immediately after receiving primary immunization without being required to wait thirty (30) days after vaccine administration. The rabies vaccination must be administered by a licensed veterinarian and pursuant to Part 2 of this Subchapter, Rules and Regulations Governing the Prevention, Control, and Suppression of Rabies within the State of Rhode Island. The only acceptable proof of rabies vaccination is a valid rabies vaccination certificate.
C.Tuberculosis: All dairy cattle, Mexican origin beef cattle, and exhibition cattle must test negative pursuant to a USDA officially recognized tuberculosis test within sixty (60) days immediately prior to entry into Rhode Island. Negative tuberculosis tests are not required for domestic origin beef cattle. Negative tuberculosis tests are not required for dairy cattle, Mexican origin beef cattle or exhibition cattle that are identified as a member of a herd that has been certified tuberculosis free and that herd originating in a tuberculosis accredited free state. Such tuberculosis free certification must have been performed within twelve (12) months prior to entry into Rhode Island by a veterinarian licensed and accredited in the state of origin of the animals and the certification test must include all test eligible animals within the herd. The animals to be imported must have been included in the herd test.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.11** Swine {#sec-250-ricr-40-05-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.11}
A.Official identification and Certificate of Veterinary Inspection is required for all swine except where noted under § 1.6 of this Part.
B.Brucellosis:
1.Commercial Swine to be eligible for importation into Rhode Island must either:
a.Originate from a brucellosis validated free herd, or;
b.Originate from a non-quarantined herd in a validated swine brucellosis free state, or;
c.If over four (4) months of age, test negative to a USDA officially recognized brucellosis test no more than thirty (30) days immediately prior to entry into Rhode Island.
2.Non-commercial swine to be eligible for importation into Rhode Island must either:
a.Originate from a brucellosis validated free herd, or;
b.If over four (4) months of age, test negative to a USDA officially recognized brucellosis test no more than thirty (30) days immediately prior to entry into Rhode Island.
C.Pseudorabies:
1.Commercial finish swine must qualify for importation pursuant to any one (1) of or more of the following:
a.Infected or exposed commercial finish swine may only be shipped into Rhode Island under a permit issued by the Rhode Island State Veterinarian. The permit will allow entry directly to a recognized slaughter establishment or an approved slaughter market.
b.Commercial finish swine being imported from a state or area that is classified with a program status Stage III or higher are allowed entry without prior permit as long as they are shipped immediately to a recognized slaughter establishment or approved slaughter market.
2.Commercial breeding swine must qualify for importation pursuant to any one (1) of or more of the following:
a.Direct shipment without individual animal testing from a Stage IV or Stage V state or area, or;
b.Direct shipment without individual animal testing from a qualified pseudorabies negative herd in any state or area, or;
c.If the animals are unable to qualify pursuant to either §§ 1.11(C)(2)(a) or 1.11(C)(2)(b) of this Part, individual animals must test negative to an official pseudorabies serological test no more than thirty (30) days prior to shipment with quarantine, isolation, and re-testing, at owner's expense, at destination. The testing is to be conducted between thirty (30) and sixty (60) days following importation, while under quarantine. Quarantine and isolation are to be maintained until the result of this testing is reported to the Rhode Island State Veterinarian and the Rhode Island State Veterinarian authorizes release of the quarantine.
3.Commercial feeder pigs must qualify for importation pursuant to anyone of or more of the following:
a.Direct shipment without individual animal testing from a farm of origin or a market in a Stage IV or Stage V state or area, or;
b.Direct shipment without individual animal testing from a qualified pseudorabies negative herd, or;
c.Entry without individual animal testing is allowed into Rhode Island from feeder pig monitored herds originating in Stage II or Stage III states or areas only if the swine originate from an approved feeder pig market or direct from a qualified negative (QN) herd or a feeder pig monitored herd;
d.Vaccination is not permitted except by permit from the Rhode Island State Veterinarian.
4.Non-commercial swine: individual animals must test negative to an official pseudorabies test no more than thirty (30) days prior to shipment.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.12** Sheep {#sec-250-ricr-40-05-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.12}
A.Official identification and Certificate of Veterinary Inspection are required except where noted under § 1.6 of this Part. Certificates of Veterinary Inspection must contain a “Scrapie Statement” by an accredited veterinarian stating that to the best of his/her knowledge the sheep listed on the certificate do not have symptoms of Scrapie, have no known exposure to Scrapie infected animals, and, are not the progeny of Scrapie infected animals.
B.Scrapie: No sheep affected with Scrapie or originating from a flock quarantined or epidemiologically linked to a flock quarantined for Scrapie shall be imported into Rhode Island.
C.Psoroptic Scabies: No sheep affected or exposed to psoroptic scabies shall be imported into Rhode Island.
D.Rabies: All sheep three (3) months of age or older imported into Rhode Island for exhibition, show, competition, or public display purposes must be accompanied by proof of rabies vaccination not more than one (1) year, nor less than thirty (30) days prior to entry into Rhode Island. Lambs that are between three (3) and six (6) months of age may enter Rhode Island immediately after receiving primary immunization without being required to wait thirty (30) days after vaccine administration. The rabies vaccination must be administered by a licensed veterinarian and pursuant to Part 2 of this Subchapter, Rules and Regulations Governing the Prevention, Control, and Suppression of Rabies within the State of Rhode Island. The only acceptable proof of rabies vaccination is a valid rabies vaccination certificate.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.13** Goats {#sec-250-ricr-40-05-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.13}
A.Official Identification and Certificate of Veterinary Inspection required except where noted under § 1.6 of this Part, Certificates of Veterinary Inspection must contain a “Scrapie Statement” by the accredited veterinarian stating that to the best of his/her knowledge the goats listed on the certificate do not have symptoms of Scrapie, have no known exposure to Scrapie infected animals, and, are not the progeny of Scrapie infected animals.
B.Tuberculosis: All goats must be individually tested and found negative for tuberculosis by a USDA officially recognized test no more than sixty (60) days prior to entry into Rhode Island.
C.Brucellosis: All goats must be individually tested and found negative to a USDA officially recognized Brucellosis test no more than thirty (30) days immediately prior to entry into Rhode Island. Exception: unweaned kids are not required to be individually tested for Brucellosis if they are accompanied by their dam and the dam has been tested and found negative pursuant to a USDA officially recognized Brucellosis test no more than thirty (30) days immediately prior to entry into Rhode Island.
D.Scrapie: No goat affected with Scrapie or originating from a herd quarantined or epidemiologically linked to a herd quarantined for Scrapie shall be imported into Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.14** Poultry, Ratites, and Game Birds {#sec-250-ricr-40-05-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.14}
A.Official Identification and Certificate of Veterinary Inspection, or other federally recognized certification of disease-free status are required, except where noted under § 1.6 of this Part.
B.Salmonella Pullorum: All poultry, ratites, and game birds five (5) months of age or more, and hatching eggs imported for the purposes of breeding or egg production, must originate from a flock designated “Pullorum Free” under the supervision of the poultry disease control officials of the state of origin, or, individually tested and found to be negative for the disease pursuant to an agglutination test, or other recognized test, for Salmonella Pullorum no more than thirty (30) days prior to entry into the state. All poultry less than five (5) months of age and all hatching eggs imported into the state must originate from a flock designated as “Pullorum Free” under the supervision of the poultry disease control officials in the state of origin.
C.Avian Influenza: All poultry, ratites, and game birds of any age, that originates in any zone under control for avian influenza must be tested and found to be negative for avian influenza, or originate from an avian influenza tested negative flock. All hatching eggs that originate in any zone under control for avian influenza must be derived from parent flocks that have been tested and found to be negative for avian influenza. Testing for Avian Influenza must be performed no more than ten (10) days prior to entry into the state. The method of testing must be consistent with current approved serological and/or viral screening methods as approved by the Rhode Island State Veterinarian. Avian Influenza testing may be required at any time as prescribed by R.I. Gen. Laws Chapter 4-4, under authority of the Director of the Department of Environmental Management.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.15** Equidae {#sec-250-ricr-40-05-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.15}
A.Official identification and Certificate of Veterinary Inspection or Extended Equine Certificate of Veterinary Inspection are required except where noted under § 1.6 of this Part.
B.Equine Infectious Anemia: All Equidae imported must be accompanied by proof on an official negative serological test for Equine Infectious Anemia or (EIA) conducted no more than twelve (12) months prior to entry into the state. All Certificates of Veterinary Inspection must include the following: the date and result of EIA testing; the name of the testing laboratory, and; the laboratory accession number. Exception: no test is required for foals under six (6) months of age when the foal is accompanied by its dam and the dam is accompanied by proof of a negative official EIA test conducted no more than twelve (12) months prior to entry into the state.
C.Rabies: All Equidae three (3) months of age or older imported into Rhode Island for exhibition, show, competition, or public display purposes must be accompanied by proof of rabies vaccination not more than one (1) year, nor less than thirty (30) days prior to entry into Rhode Island. Foals that are between three (3) and six (6) months of age may enter Rhode Island immediately after receiving primary immunization without being required to wait thirty (30) days after vaccine administration. The rabies vaccination must be administered by a licensed veterinarian and pursuant to Part 2 of this Subchapter, Rules and Regulations Governing the Prevention, Control, and Suppression of Rabies within the State of Rhode Island. The only acceptable proof of rabies vaccination is a valid rabies vaccination certificate.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.16** Camelids {#sec-250-ricr-40-05-1-1.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.16}
A.Official identification and Certificate of Veterinary Inspection are required except where noted under § 1.6 of this Part.
B.Tuberculosis: All camelids must be individually tested and found to be negative for tuberculosis by a USDA officially recognized test no more than sixty (60) days prior to entry into Rhode Island.
C.Brucellosis: All camelids must be individually tested and found to be negative pursuant to a USDA officially recognized Brucellosis test no more than thirty (30) days immediately prior to entry into Rhode Island. Exception: unweaned crias are not required to be individually tested for Brucellosis if they are accompanied by their dam and the dam has been tested and found to be negative pursuant to a USDA officially recognized Brucellosis test no more than thirty (30) days immediately prior to entry into Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.17** Miscellaneous Species: Domestic Species Not Specifically Addressed Above {#sec-250-ricr-40-05-1-1.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.17}
A.Official Identification and Certificate of Veterinary Inspection are required except where noted under § 1.6 of this Part.
B.Contact the Rhode Island State Veterinarian for additional requirements. (401) 222-2781 by phone, (401) 222-6047 by fax, or postal at RIDEM/Division of Agriculture, 235 Promenade Street, Providence, RI 02908.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.18** Emergency Restrictions for Emerging Disease Risks {#sec-250-ricr-40-05-1-1.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.18}
A.Pursuant to R.I. Gen. Laws § 4-4-19, Orders prohibiting importation of animals; The Director has broad powers to prohibit the importation of any animal into the state.
B.Pursuant to R.I. Gen. Laws Chapter 42-35, the Department may issue emergency regulations as deemed necessary that restrict the importation of animals by imposing safeguards that will protect the health, safety and welfare of the citizens of the state, their livestock, and pets.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.19** Record Keeping for Auctions, Sales, and Dealers {#sec-250-ricr-40-05-1-1.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.19}
A.All auctions, sales, and dealers must keep records and make those records available upon the request of an authorized inspector from the Department or from the USDA.
B.All records must be kept on the premises of the auction or sale, or at the address of the licensed dealer, or if not kept at the premises, must be able to be accessed remotely from that premises.
C.All records are to be maintained for a period of not less than five (5) years from the date of the auction or sale.
D.Records are to include the following:
1.Source information for the animal: date the animal was brought to the auction, sale, or purchased by dealer; name of owner or seller; mailing and physical address of owner or seller; phone number of owner or seller; species of animal(s) sold or consigned by owner or seller; breed of animal(s) sold or consigned by owner or seller; age of animal(s) sold or consigned by owner or seller; sex of animal(s) sold or consigned by seller; any non-official identification that was applied to the animal(s) sold or consigned by the seller; and, any official identification numbers that were applied to the animal(s) sold or consigned by the seller.
2.Buyer information to include the following: date of purchase; name of buyer; mailing and physical address of buyer; phone number of buyer; number of animal(s) purchased by buyer; species of animal(s) purchased by buyer; age of animal(s) purchased by buyer; sex of animal(s) purchased by buyer; location where the animals that were purchased will be kept or held; any non-official identification that was applied to the sold animal; and any official identification numbers that were applied to the sold animal.
3.For animals that are sold to Rhode Island based entities, the following must also be kept: a log book, signed by the Rhode Island based buyer/importer, acknowledging that the premises where the animals are to be kept is subject to inspection by inspectors from the Department or USDA for the purpose of ensuring compliance with these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.20** Violations {#sec-250-ricr-40-05-1-1.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.20}
The Director of the Department of Environmental Management may make all necessary regulations for the prevention, treatment, cure and extirpation of such disease; and every person who shall fail to comply with any regulation so made shall be fined not exceeding three hundred dollars ($300) or be imprisoned not exceeding one (1) year. Each and every occurrence and/or day during which the violation or failure to comply is repeated shall constitute a separate and distinct violation. Every person who shall fail to comply with any regulation so made shall be responsible for all costs and fees associated with any quarantine, examination and testing required by the State Veterinarians Office, and subject to forfeiture of the imported animals. Every person who fails to comply with any order of quarantine or ordered examination or testing shall be in violation. Each and every condition of quarantine and/or day during which there is a failure to comply with said order shall constitute a separate and distinct violation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.21** Administrative Appeals {#sec-250-ricr-40-05-1-1.21 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.21}
A.Denial of a license or certificate of registration: Persons denied the issuance or renewal of a license or certificate of registration or the reissuance of a license or certificate of registration to operate an animal care facility may request an appeal as provided by R.I. Gen. Laws Chapter 42-17.7 and pursuant to Part 10-00-1 of this Title, Rules and Regulations for the Administrative Adjudication Division, by presenting a written request for a hearing within thirty (30) days of the applicant’s receipt of the denial. The written request must be presented to the clerk of the Administrative Adjudication Division, 235 Promenade Street, Third Floor, Providence, RI 02908.
B.Enforcement Action: Any person adversely affected by a decision of the Director for an enforcement action pursuant to these regulations may file and appeal in accordance with R.I. Gen. Laws Chapter 42-17.7 and Part 10-00-1 of this Title, Rules and Regulations for the Administrative Adjudication Division, by presenting a written request for a hearing within twenty (20) days of the applicant’s receipt of the notice of the enforcement action. The written request must be presented to the clerk of the Administrative Adjudication Division, 235 Promenade Street, Third Floor, Providence, RI 02908.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
##### **250-RICR-40-05-1 § 1.22** Requirements for Animals Imported for the Purpose of Fair, Show, or Exhibition {#sec-250-ricr-40-05-1-1.22 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-1#1.22}
A.Animals may only be imported for the purpose of fair, show, or exhibition if the importation is for less than ten (10) consecutive days.
B.The requirements in this Part apply to all animals on the premises of the fair, show, or exhibition and is not limited to the specific animals that are entered into an event or competition.
C.These requirements apply to animals that are competing in a fair, show, or exhibition, including any lawful competition. They also apply to animals that are temporarily imported for parades, pony rides, rodeos, and trail rides.
D.Rabies vaccine requirements:
1.All dogs, cats, sheep, cattle, horses, and ferrets that are at an event open to the public or are on public exhibition must have proof of current rabies vaccination pursuant to Rules and Regulations Governing the Prevention, Control, and Suppression Within the State of Rhode Island (Part 2 of this Subchapter). A current rabies vaccine certificate is the only acceptable proof of rabies vaccination.
2.Rabies precautions in species of mammals for which no USDA licensed rabies vaccine exists and which are at an event open to the public or are on public exhibition must:
a.Be separated from the public by sufficient means so as to prevent direct animal to public contact, or
b.If the animal is a herbivore, have a sign conspicuously posted and readily legible that states "RHODE ISLAND RABIES CONTROL BOARD NOTICE-FEED AND TOUCH THESE ANIMALS AT YOUR OWN RISK."
E.Unless exempted in § 1.22(F) of this Part, certificates of veterinary inspection are required for the importation of all animals subject to this Part. Certificates must be issued within the calendar year that the importation for the purpose of fair, show, or exhibition takes place. A copy of the certificate must accompany the animal while in the state and a copy must be mailed to the State Veterinarian prior to entry into the state along with an itinerary indicating the dates and physical addresses where the animal(s) imported for the purpose of fair, show, or exhibition will be exhibited in Rhode Island.
F.Exemptions from the requirement for certificates of veterinary inspection. Animals at specific events may be imported for less than ten (10) consecutive days without being accompanied by a certificate of veterinary inspection if the importation is for the purpose of fair, show, or exhibition provided the responsible party overseeing the management of the fair, show, or exhibition meets all of the requirements of §§ 1.22(F)(1) through (7) of this Part.
1.All animals so imported must meet the rabies vaccination requirements in § 1.22(D).
2.Meet individual species testing requirements listed in §1.22(I) of this Part.
3.The responsible party must notify the RI State Veterinarian no less than fourteen days prior to the event taking place. Such notification must include the date, location and time of the event, the expected number of animals that will be attending the event, and the name, address (both physical and mailing address), and telephone number of the person who will be acting as the responsible party. The responsible party must be a RI resident. Notification may be made by email to [email protected], phone to (401) 222-2781, or fax to (401) 222-6047.
4.The responsible party must maintain a list of all animals that were imported for the purpose of fair, show, or exhibition regardless of whether the animal actually competed or participated in the event. The list must include the animal's name, description (including the animal's age, predominant breed, and gender), any official ID number or microchip number, registration number if applicable, the animal owner's name, address (both physical and mailing addresses), and telephone number. The list must be maintained for a period of one year from the conclusion of the event. The list must be presented to an official from the R.I. Department of Environmental Management within five (5) days of a request made to the responsible party.
5.The responsible party must clearly post § 1.22 of this Part in a conspicuous place at the event entrances.
6.The event must have a Rhode Island licensed veterinarian present on-site or on call. The event management must authorize an animal inspector or inspectors whose duty it will be to inspect all animals at the event, whether competing or not, for the presence of disease or any conditions that may exist that would be detrimental to an animal being exhibited or pose a risk to the health and welfare of the animals on the premises or the public. These inspectors must have sufficient experience and knowledge of the types of animals they are inspecting to reasonably be able to identify signs of disease or conditions that would render the animal unfit for exhibition. These authorized inspectors are required to immediately report any animal with signs of disease to the responsible party. The responsible party will immediately report to the veterinarian that is on-site or on-call. The veterinarian will then make a determination as to any necessary treatment for the animal. Pending any determination by the veterinarian, the inspectors are required to deny any animal that he or she feels is affected by any disease or condition from participating in the event. Pursuant to any examinations conducted by a veterinarian, the examining veterinarian must report any reportable disease or conditions discovered to the Rhode Island State Veterinarian in a manner that is in compliance with Rules and Regulations Governing Reportable Animal Diseases and Conditions in the State of Rhode Island (Part 11 of this Subchapter).
7.The responsible party, the inspectors, or the on-site or on-call veterinarian must be authorized to order any animal deemed unfit to take part in the event to be held in a place and manner that will reduce the likelihood of transmission of infectious disease until the RI State Veterinarian can assess and make further recommendations.
G.Animals determined to be unfit: All animals at fairs, shows, or exhibitions must be in proper physical condition and are subject to inspection by federal or state animal health officials, while at the event, for visual evidence of infectious or contagious diseases or any condition that would render it unfit for exhibition. Any animal exhibiting signs, including but not limited to the following, may be refused entry: diarrhea, vomiting, nasal discharge, ocular discharge, cough, lameness, skin lesions, loss of hair or feathers, external parasites, neurological signs, fever, lethargy, depression, difficult breathing, abscesses or growths, emaciation, or known exposure to animals with infectious or contagious diseases. Animals and exhibitors banned from other events due to the detection of prohibited drugs, medications, and/or substances will not be allowed entry.
H.Evidence of any contagious or infectious disease will result in an animal’s rejection for entry into the event and may result in removal from the state for animals that originated from out-of-state. The decision of the inspector is final. Animals may be rejected by inspectors based upon suspicion of disease subsequent to inspection since timely confirmation of disease in a field setting may not be feasible.
I.Species specific testing requirements:
1.Cattle are required to be tested and found negative for tuberculosis by an official tuberculosis test. The tuberculosis test must have been conducted no greater than three hundred sixty-five (365) days before the event or originate in a herd that was certified as tuberculosis free with such certification occurring no greater than three hundred sixty-five (365) days before the event.
2.Goats are required to be:
a.Tested and found negative for tuberculosis by an official tuberculosis test. The tuberculosis test must have been conducted no greater than one (1) year before the event or originate in a herd that was certified as tuberculosis free with such certification occurring no greater than one (1) year before the event.
b.Tested and found negative for brucellosis by an official brucellosis test. The brucellosis test must have been conducted no greater than one (1) year before the event or originate in a herd that was certified as brucellosis free with such certification occurring no greater than one (1) year before the event. Wethers are exempt from the brucellosis testing requirement.
3.Swine that are six (6) months of age or older and do not originate from a state that is:
a.Brucellosis free must be tested and found negative for brucellosis by an official brucellosis test. The brucellosis test must have been conducted no greater than one (1) year before the event or originate in a herd that was certified as tuberculosis free with such certification occurring no greater than one (1) year before the event.
b.Pseudorabies free must be tested and found negative for pseudorabies by an official pseudorabies test. The pseudorabies test must have been conducted no greater than one (1) year before the event or originate in a herd that was certified as pseudorabies free with such certification occurring no greater than one (1) year before the event.
4.Poultry must be either individually tested or the flock of origin must be tested and found negative for pullorum-typhoid. Such individual bird or flock testing must have occurred no greater than one (1) year before the event. Official test reports must accompany the imported birds.
5.Camelids must:
a.Be tested and found negative for tuberculosis by an official tuberculosis test. The tuberculosis test must have been conducted no greater than one (1) year before the event or originate in a herd that was certified as tuberculosis free with such certification occurring no greater than one (1) year before the event.
b.Be tested and found negative for brucellosis by an official brucellosis test. The brucellosis test must have been conducted no greater than one (1) year before the event or originate in a herd that was certified as brucellosis free with such certification occurring no greater than one (1) year before the event. Castrated males are exempt from the brucellosis testing requirement.
J.All animals imported for the purpose of fair, show, or exhibition are required to be officially identified.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-06-22 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 06/22/2020*
- *Technical Revision — effective from 2015-10-08 to 01/30/2020*
- *Technical Revision — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2015-10-08 to 10/08/2015*
- *Amendment — effective from 2012-11-29 to 10/08/2015*
- *EMERGENCY RULE Amendment — effective from 2012-04-25 to 11/21/2012*
- *Technical Revision — effective from 2008-06-01 to 11/29/2012*
- *Amendment — effective from 2008-06-01 to 06/01/2008*
- *Periodic Refile — effective from 2001-12-31 to 06/01/2008*
#### **250-RICR-40-05-2** Rules and Regulations Governing the Prevention, Control, and Suppression of Rabies Within the State of Rhode Island
##### **250-RICR-40-05-2 § 2.1** Authority {#sec-250-ricr-40-05-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.1}
These rules and regulations are promulgated pursuant to authority provided under R.I. Gen. Laws §§ 4-13-1.3, 4-13-29, and Chapters 4-13, 42-17.1 and 42-35 for the purpose of carrying out the functions required to prevent, control and/or suppress rabies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.2** Purpose {#sec-250-ricr-40-05-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.2}
The purpose of these rules and regulations is to suppress and control rabies found within the state and to prevent the spread of rabies when rabies appears in any area within the State of Rhode Island and its appearance creates a threat of infection to animals or humans.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.3** Incorporated Materials {#sec-250-ricr-40-05-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.3}
A.These regulations hereby adopt and incorporate the National Association of State Public Health Veterinarians' "Compendium of Animal Rabies Prevention and Control" (2016) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.
B.These regulations hereby adopt and incorporate the American Veterinary Medical Association's "AVMA Guidelines for the Euthanasia of Animals" (2013), 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.4** Definitions {#sec-250-ricr-40-05-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.4}
A.As used in these rules and regulations, the following terms shall, where the context permits, be construed as follows:
1."Animal control officer" or "ACO" means any person(s) employed by a city or town as a canine control officer, a dog or animal warden or a police officer responsible for animal control delegated authority by the Rhode Island Rabies Control Board.
2."Attacking animal" means the animal that caused potential exposure to the rabies virus with exposure as defined in § 2.4(A)(10) of this Part. An animal may be classified as both an attacking animal and victim animal as defined in § 2.4(A)(19) of this Part, in certain circumstance, including but not limited to fights between animals.
3."Cat" means any member of Felis catus (excluding hybrids with wild felines).
4."Currently vaccinated" means administration of a vaccine that has been properly stored and subsequently injected by or under the direct supervision of a licensed veterinarian with a rabies vaccine licensed for use in that species by the U.S. Department of Agriculture (USDA) and satisfying the following criteria:
a.For dogs, cats and ferrets:
(1)The manufacturer's protocol with regards to minimum age of animal as well as frequency and intervals of vaccination(s) was followed; and
(2)At least thirty (30) days have elapsed since the initial vaccination; and
(3)Not more than twelve (12) months have elapsed since the last vaccination if last vaccination was the initial vaccination or the animal is a ferret, or if the vaccine has an annual booster recommendation. Dogs, cats, and ferrets shall be considered currently vaccinated if the last booster was administered within the time frame specified by the "Compendium of Animal Rabies Prevention and Control" incorporated above at § 2.3(A) of this Part regarding frequency and interval of vaccination for the particular product used and for the specific species for which the product was used.
(4)For dogs, cats, and ferrets that were previously vaccinated but are not considered currently vaccinated, either one of the following must apply:
(AA)Dogs, cats, and ferrets presented for vaccination that are overdue at the time of booster vaccination by any timeframe for a booster on a one-year certificate, or if overdue by more than six-months on a three-year or longer duration certificate, are required to receive a booster vaccination with the resultant vaccination certificate having an expiration date no greater than one year from the date of administration of the booster.
(BB)Dogs, cats, and ferrets presented for vaccination that are overdue at the time of vaccination by less than six months as determined by the expiration date on a three-year or longer duration certificate, may be issued a certificate up to the duration of immunity stated on the product label upon vaccination.
(5)Vaccine status will be determined from the dates on the most recent rabies vaccination certificate. It will be the responsibility of the animal owner to maintain and produce that document as proof of vaccine status.
b.For all other species for which there exists an unconditionally licensed rabies vaccine, the animals must be vaccinated against rabies in accordance with the "Compendium of Animal Rabies Prevention and Control" incorporated above at § 2.3(A) of this Part.
c.Failure or inability by the owner/keeper of a dog, cat or ferret to present or make available a rabies certificate or a copy thereof to an ACO investigating a possible rabies exposure shall result in classification of the animal in question as not currently vaccinated against rabies.
5."Director" means the Director of the Department of Environmental Management or his/her duly authorized designee.
6."Dog" means any member of Canis familiaris, excluding hybrids with wild canids.
7."Domestic animal" means animals which, through extremely long association with humans, have been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to the extent that makes them unique and distinguishable from wild individuals of their species. This includes, but is not limited to, the following:
a.Domestic dog (Canis familiaris);
b.Domestic cat (Felis catus);
c.Domestic horse (Equus caballus);
d.Domestic cattle (Bos taurus and Bos indicus);
e.Domestic sheep (Ovis aries)
8."Environmental Police Officer" means any commissioned environmental police officer for the Department of Environmental Management, Division of Law Enforcement.
9."Euthanasia" means the humane destruction of an animal accomplished by a method that involves nearly instantaneous loss of consciousness followed immediately by death or by a method that involves anesthesia produced by an agent which causes painless and rapid loss of consciousness and death during that period of unconsciousness. All methods of euthanasia must comply with Rhode Island General Laws and with the most current AVMA Guidelines for the Euthanasia of Animals incorporated above at § 2.3(B) of this Part.
10."Exposure" means the possible exposure to the rabies virus via a direct bite or scratch, which results in a break in the skin of the victim, or contact between infectious material such as saliva or central nervous system tissue and fluid with mucosa of the eye, nose or mouth, or a via pre-existing break in the skin.
11."Ferret" means any member of the family Mustela putorius or Common European Ferret.
12."Guardian" means a person(s) having the same rights and responsibilities as an owner, and the terms may be used interchangeably. A guardian shall also mean a person who possesses, has title to or an interest in, harbors or has control, custody or possession of an animal and who is responsible for an animal's safety and well-being.
13."Manual" means the State of Rhode Island and Providence Plantations Manual for Rabies Management and Protocols Guidance Document.
14."Owner" means any person or agency keeping, harboring or having charge or control of or responsibility for control of an animal or any person or agency which permits any dog, cat, ferret, or domestic animal to habitually be fed within that person's yard or premises. This term shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet shop, or animal shelter See R.I. Gen. Laws § 4-13-1.2.
15."Person(s)" means an individual, firm, joint stock company, partnership, association, private or municipal corporation, trust, estate, state, commission, political subdivision, any interstate body, the federal government or any agency or subdivision of the federal government, other government entity, or other legal entity.
16."Quarantine" means the act of holding an animal for the purpose of prevention of spread of rabies, for a definite period of time and in a manner that prevents contact of that animal with other animals, or the public, at an escape-proof facility that has been approved for this use by the State Veterinarian. For livestock only, quarantine may be carried out at the farm where the animal is usually kept provided that access by the public can be restricted and the animal can be kept isolated from other susceptible species.
17.“Quarantine facility” means a facility that has been approved by an authorized representative of the Rhode Island Department of Environmental Management for the purpose of quarantine (as defined above).
18.“Strict confinement” means:
a.For attacking animals - The act of confining an animal at the home of the animal in a manner that the animal is not allowed to run free and is not allowed to have contact with any person or animal that does not reside at that location. This type of action may be ordered in lieu of quarantine at the discretion of the Animal Control Officer and only when the animal being held in strict confinement is currently vaccinated against rabies (as defined above) and is not considered at high risk of escaping, and the owner of the animal is considered by the Animal Control Officer to be certain to adhere to the order for strict confinement.
b.For animals that are the victims of wounds of unknown origin or are victim animals - The act of confining an animal at the home of the animal in a manner that the animal is not allowed to run free and is not allowed to have contact with any person or animal that does not reside at that location. This type of action may be ordered in lieu of quarantine at the discretion of the Animal Control Officer and only when the animal is not considered a high risk of escaping and the owner of the animal is considered by the Animal Control Officer to be certain to adhere to the order for Strict Confinement.
19."Victim animal" means the animal that was potentially exposed to the rabies virus in accordance with exposure as defined in § 2.4(A)(10) of this Part. An animal may be classified as both a victim animal and an attacking animal in certain circumstance, including but not limited to fights between animals.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.5** Compulsory Rabies Vaccination and Rabies Risk Signage {#sec-250-ricr-40-05-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.5}
A.Animals Residing within Rhode Island
1.Any owner of a dog, cat, or ferret that is three (3) months of age or older and which resides in Rhode Island shall have such dog, cat or ferret currently vaccinated against rabies.
B.Exhibition of Animals within Rhode Island
1.Any owner of any animal species for which United States Department of Agriculture (USDA) licensed unconditionally approved rabies vaccine exists, and who uses such animals for show or exhibit purposes, or who allows such animals to come into direct physical contact with the public, shall keep such animals currently vaccinated against rabies. Examples of such exhibition or show venues include but are not limited to: petting zoos, nature centers, riding stables, fairs, shows, exhibitions, pony rides and educational programs.
C.Posting of Signage for Dogs, Cats, and Ferrets Maintained at Municipal or Private Facilities
1.Dogs, cats, and ferrets maintained at facilities (municipal or private) where animal/public contact is allowed must be either:
a.Currently vaccinated against rabies; or
b.If not currently vaccinated against rabies due to any lawful reason must be:
(1)Separated from the public by sufficient means so as to disallow direct animal/public contact; and
(2)Identified as possible rabies carrier by conspicuously posted and readily legible signs stating: “RHODE ISLAND RABIES CONTROL BOARD NOTICE: FEED AND TOUCH THESE ANIMALS AT YOUR OWN RISK.”
2.Facilities subject to this regulation shall include but not be limited to the following: pet shops, dog pounds, and animal shelters.
3.Lawful reasons for keeping animals that are not currently vaccinated include but are not limited to animals that are too young to vaccinate or animals that have been vaccinated but thirty (30) days have not lapsed since the vaccination.
D.Posting of Signage for Animals for Which No USDA Licensed Unconditionally Approved Vaccine Exists
1.Animals which are used for public display exhibition or show must be:
a.Separated from the public by sufficient means to disallow direct animal/public contact; or
b.Identified as possible rabies carriers by conspicuously posted and readily legible signs stating: “RHODE ISLAND RABIES CONTROL BOARD NOTICE: FEED AND TOUCH THESE ANIMALS AT YOUR OWN RISK.”
2.Facilities and/or events subject to this regulation shall include but not be limited to the following: show, petting zoos, zoos, nature centers, fairs, exhibitions, or educational programs involving animals.
E.Exemptions
1.Low risk rabies susceptible species, including but not limited to rodents and rabbits which can be documented as being born and raised indoors, need not be isolated from direct physical contact with the public nor have posted any public notice of rabies risk.
F.Variances
1.Any person seeking exception to §§ 2.5(A) through 2.5(D) of this Part, inclusive, shall apply in writing to the Rhode Island Rabies Control Board for such variance.
2.The Rabies Control Board, may, upon demonstration that rabies vaccination is likely to cause hardship, and, if satisfied that the variance conditions do not constitute a threat to public health or safety, may grant said variance.
3.The Rabies Control Board will meet from time to time to consider any variances that have been received. The Rabies Control Board will meet no less frequently than once per year for this purpose, but may, at the discretion of the State Veterinarian, meet more frequently.
4.The Rabies Control Board may seek an opinion from municipal officials regarding granting of a variance.
5.The Rabies Control Board may issue stipulations and/or conditions to any variance granted that will decrease the public health risk by an owner keeping an unvaccinated animal.
6.If a variance is granted, the owner of the animal and the Animal Control Officer with authority in the jurisdiction where the animal for which the variance is granted will be notified in writing of the variance.
7.If the animal is relocated to another municipality within the state, the State Veterinarian must be notified a minimum of fourteen (14) days prior to relocation so that the ACO of the municipality that the animal is being relocated to can be notified of the relocation.
8.Failure of the owner to maintain any of the stipulations and/or conditions of these Regulations or of the specific variance may result in penalties as set forth in these regulations.
9.The Animal Control Officer with authority in the jurisdiction where the animal for which a variance is granted is kept shall have the responsibility of ensuring that the stipulations and/or conditions of the variance have been maintained.
10.The application for a variance shall demonstrate that:
a.strict adherence to the regulation causes undue hardship or the impossibility of performance; and
b.the procedures to be followed if the variance is granted are as protective as the section from which relief is requested.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.6** Rabies Vaccination Protocol {#sec-250-ricr-40-05-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.6}
A.Vaccine Administration
1.For animals to be considered Currently Vaccinated, rabies vaccinations shall be administered by or under the direct supervision of a licensed veterinarian. All rabies vaccine must be stored, handled, and administered in strict accordance with the vaccine manufacturer’s labeled directions.
B.Record Keeping and Tag Issuance
1.The Veterinarian must maintain a record identifying the vaccinated animal, the owner's name and physical address, the rabies tag number issued (if applicable) as well as the date of inoculation and the date the next booster is due. Such records must be maintained for five (5) years following vaccination.
2.The licensed veterinarian or person working under the direct supervision of a licensed veterinarian who administered a rabies vaccination must issue a rabies tag to the owner/keeper of any dog or cat that (s)he vaccinates against rabies. Such tags shall clearly identify the veterinary hospital/clinic at which the animal was vaccinated, the telephone number of that clinic, the year of rabies vaccination, and also contain an identification number unique to that animal.
C.Rabies Certificates
1.The licensed veterinarian or person directed by a licensed veterinarian must issue a rabies vaccination certificate to the animal's owner:
2.If the animal vaccinated is a dog, cat, ferret or horse, the rabies vaccination certificate shall include, but not be limited to, the following items:
a.Name of the licensed veterinarian, his/her practice name, practice address and state veterinary license number.
b.The animal owner or guardian's name and physical address;
c.The animal's name, species, breed, age, sex and coloration;
d.The name of the rabies vaccine manufacturer, the brand name of the product used, the vaccine serial number;
e.The date of rabies inoculation and the date when the next rabies booster shall be administered;
f.If a dog or cat, number of the rabies tag issued; and
g.Signature, or authorized use of a signature stamp or electronic signature, of the licensed veterinarian who administered or supervised the administration of the rabies vaccine.
3.If the animal vaccinated is a bovine, sheep or domestic animal other than a dog, cat, horse or ferret for which a species-approved rabies vaccine exists; the rabies vaccination certificate shall include, but not be limited to, the following items:
a.Name of licensed veterinarian who gave or directed rabies vaccine administration, his/her practice name, and state veterinary license number;
b.Animal owner or guardian's name and physical address;
c.The animal's unique official ear tag number, breed registration number, microchip number, or individualized tattoo number;
d.The animal's species, breed, age and sex;
e.The name of the rabies vaccine manufacturer, the brand name of the product used, the vaccine serial number;
f.The date of rabies inoculation and the date when the next rabies booster shall be administered;
g.The signature, or authorized use of a signature stamp or electronic signature, of the licensed veterinarian who administered or supervised the administration of the rabies vaccine.
D.The owner or guardian of a rabies vaccinated animal shall keep such certificate or a copy thereof stating that such animal has been vaccinated and shall, upon request, make such certificate or copy available to an ACO or an agent of the Department of Environmental Management acting in their official capacity.
E.A rabies vaccination certificate is the only official proof of vaccination.
F.Failure to Present Rabies Certificate
1.Failure or inability by the owner or guardian of an animal to present or make available such rabies certificate or a copy thereof to Animal Control Officer, Police personnel, Department of Environmental Management personnel upon request shall result in classification of the animal in question as not currently vaccinated against rabies. Such animal may then be seized and placed in quarantine or euthanized at owner's expense for rabies testing.
G.Release of Information
1.Veterinarians shall, upon request from any ACO, Police Department, Department of Environmental Management, or Department of Health personnel investigating a possible rabies exposure, release all requested patient information pertinent to such investigation. Such information may include, but is not limited to: animal's species, name, breed, sex, coloration, age, date of last rabies vaccination, the date when the next rabies booster is due, ear tag, registration, and/or tattoo number, owner/guardian's name, physical address, and telephone number(s), the rabies tag number, the name of the rabies vaccine manufacturer, and the name of the veterinarian who administered the most recent rabies vaccination.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.7** Importation of Domestic Animals: Health Certificates {#sec-250-ricr-40-05-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.7}
A.Imported Dogs, Cats, Ferrets
1.Any dog, cat or ferret transported into the State of Rhode Island must be accompanied by an Official Certificate of Veterinary Inspection that is compliant with § 1.7 of this Subchapter, (Rules and Regulations Governing the Importation of Domestic Animals) signed by a duly licensed veterinarian from the state of origin stating that the animal is not showing signs of infectious, contagious and/or communicable disease, did not originate within an area under quarantine for rabies or any other communicable disease, and has not been exposed to rabies.
2.For all dogs, cats, and ferrets three (3) months of age or older, the Official Certificate of Veterinary Inspection must also show proof of rabies vaccination administration in accordance with the Compendium of Animal Rabies Control incorporated above at § 2.3(A) of this Part prior to entry into Rhode Island.
3.For all dogs, cats, and ferrets over six (6) months of age that have no proof of prior vaccination, a period of thirty (30) days must lapse between vaccination and entry into Rhode Island. See also Rules and Regulations Governing the Importation of Domestic Animals, Part 1 of this Subchapter.
B.Other Imported Species
1.All age appropriate domestic animals other than dogs, cats or ferrets for which species-approved rabies vaccine is available and which are being imported into Rhode Island for exhibition or show purposes must be accompanied by proof of rabies immunization administered in accordance with the vaccine product label prior to entry into Rhode Island. The certificate must also state that the animal did not originate within an area under quarantine for rabies or any other communicable disease, and has not been exposed to rabies.
C.Vaccine Administration
1.All rabies vaccines described within this section must be administered by or under the direct supervision of a licensed veterinarian. Rabies vaccinations that were administered in another state must be administered in a manner consistent with the vaccine requirements of Rhode Island for the animal to be considered currently vaccinated.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.8** Adoptions and Sales {#sec-250-ricr-40-05-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.8}
A.Notice to New Owner of Rabies Vaccination Requirement
1.It shall be unlawful for any pound, protection league, animal shelter, kennel, pet store, humane society, rescue, breeder or any other duly licensed facility to sell, give away, or adopt out any dog, cat or ferret without providing the new owner with a form indicating that inoculation against rabies is required, under R.I. Gen. Laws § 4-13-4.1, within thirty (30) days of adoption for all such animals three (3) months of age or older.
B.Signing of Register by New Owner
1.The pound, protection league, animal shelter, kennel, pet store, humane society, rescue, breeder or other duly licensed facility shall require the new dog, cat or ferret owner to sign a register indicating that the new owner has received such a form and such register shall also contain the name, physical address, and signature of the new owner and shall be permanently maintained by the facility, pursuant to the provisions of R.I. Gen. Laws § 4-13-4.1(b).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.9** Rabies Exposure {#sec-250-ricr-40-05-2-2.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.9}
A.Exposures from Domestic Animals
1.In the event that any human being or domestic animal receives an exposure from any domestic animal, the owner or guardian of the attacking animal, and the individual exposed, or the owner or guardian of the domestic animal that was exposed, must:
a.Immediately contact the ACO in the city or town within whose borders the exposure occurred.
b.Upon report of an exposure involving a domestic animal, the ACO shall make a site visit within twenty-four (24) hours and make a report including but not limited to, facts surrounding the exposure, description of the attacking animal, proof of most recent rabies vaccination for animal that was exposed, if any, proof of most recent rabies vaccination for the attacking animal, if any, the attacking animal owner's name and physical address, victim's name and physical address or exposed animal owner's name and physical address along with the ACO's recommendations and/or order of disposition of the attacking animal.
B.Investigation
1.During the course of the ACO's site visit and investigation, he/she shall make an order concerning:
a.euthanasia,
b.quarantine,
c.strict confinement,
d.close observation and/or
e.rabies immunization of any species of animal for which a USDA licensed rabies vaccine is available. If an exposure involves a species for which there is no USDA licensed rabies vaccine available, the ACO should contact the State Veterinarian to discuss extra-label vaccine use.
2.The person exposed and/or the owner or guardian of a suspect rabid or attacking dog, cat or ferret shall be notified by the ACO within twenty-four (24) hours of the disposition of the exposing/exposed animal.
a.All orders of quarantine, strict confinement, or observation shall be for a duration sufficient to control rabies as determined by the ACO. The ACO may seek the recommendations of the RI Rabies Control Board as published in the State of Rhode Island Manual for Rabies Management and Protocols.
b.If the exposure occurs during an animal attack and the attacking dog, cat or ferret is killed during the attack, the ACO may, after determining if the attacking animal caused a potential exposure, require the head of the attacking animal to be submitted for examination and testing to the Department of Health Laboratory.
c.Canines belonging to State/Municipal police departments that bite during their police duties may not necessarily be placed under quarantine provided such animals are current on their rabies immunization. Such animals, if not quarantined, must be examined by a veterinarian fourteen (14) days following any such exposure incident and be certified in writing to be free from signs of rabies.
d.If the suspect rabid animal(s) reside in a municipality other than that where the exposure occurred, the responding ACO shall notify the ACO of the city or town where the suspect animal resides. The ACO for the municipality where the animal resides, shall then be responsible for ensuring that the conditions of confinement/quarantine are met.
e.If the suspect rabid animal resides in a state other than RI or if the ACO has good cause to believe that the owner or guardian of the animal will not comply with any action to protect the health of the victim of an exposure, whether that victim is a person or domestic animal, then the ACO may hold the suspect animal under quarantine in the municipality where the exposure occurred. All orders of quarantine must be of a duration sufficient to control rabies as determined by the ACO. The ACO may seek the recommendations of the RI Rabies Control Board as published in the State of Rhode Island Manual for Rabies Management and Protocols. Any expense related to quarantine as described will be the financial responsibility of the suspect animal’s owner.
C.Humans Exposed by a Wild Mammal, or Stray or Feral Domestic Animal
1.If any human being is exposed by a feral or stray domestic mammal, or wild mammal, the individual exposed must immediately call the ACO in the city or town within which the exposure occurred. domestic mammal, or wild mammal may be ordered euthanized by an ACO.
2.The euthanized animal's head shall be submitted to RI Department of Health Laboratory for rabies testing.
3.Any feral or stray domestic mammal, or wild mammal that is not euthanized must be quarantined by the ACO for a duration sufficient to control rabies as determined by the ACO in concurrence with the State Veterinarian. Feral and stray dogs must be held in compliance with R.I. Gen. Laws § 4-13-15. Feral and stray cats must be held in compliance with R.I. Gen. Laws § 4-22-5.
4.The ACO must notify RIDOH of all potential and documented animal exposures to humans.
D.Domestic Animals Exposed by a feral or stray domestic mammal, or wild mammal
1.If any domestic animal is exposed to or attacked by a feral or stray domestic mammal, or wild mammal, the owner of the domestic animal shall immediately contact the ACO in the city or town within which the exposure occurred.
2.The attacking feral or stray domestic mammal, or wild mammal may be ordered euthanized by an ACO and the head may be submitted to the Rhode Island Department of Health Laboratory for rabies testing.
3. Any attacking feral or stray domestic mammal, or wild mammal that is not euthanized must be quarantined by the ACO for a duration sufficient to control rabies as determined by the ACO in concurrence with the State Veterinarian. Feral and stray dogs must be held in compliance with R.I. Gen. Laws § 4-13-15. Feral and stray cats must be held in compliance with R.I. Gen. Laws § 4-22-5.
4.If the victim animal is domestic and other than a dog, cat or ferret, the responding ACO shall notify the State Veterinarian. The State Veterinarian will make recommendations regarding management of the exposed animal to the ACO. The responding ACO shall make an order concerning euthanasia, quarantine, strict confinement, close observation and/or rabies immunization of the victim animal in concurrence with the State Veterinarian.
5.If the victim animal is non-domestic (i.e. wild or exotic animal), the ACO shall contact the State Veterinarian. The State Veterinarian will make recommendations regarding management of the exposed animal to the ACO. The responding ACO shall make an order concerning euthanasia, quarantine, strict confinement, close observation and/or rabies immunization of the victim animal in concurrence with the State Veterinarian.
6.If the attacking and/or victim animal(s) reside in a municipality other than that where the exposure occurred, the responding ACO shall notify the ACO of the city or town where the animal resides. The ACO for the municipality where the animal resides shall then be responsible for ensuring that the conditions of confinement/quarantine are met.
7.If the attacking and/or victim animal(s) resides in a state other than RI or if the ACO has good cause to believe that the owner of the animal will not comply with any action to protect the health of the victim of an exposure, whether that victim is a person or domestic animal, then the ACO may hold the suspect animal under quarantine in the municipality where the exposure occurred. All orders of quarantine must be of a duration sufficient to control rabies as determined by the ACO. The ACO may seek the recommendations of the RI Rabies Control Board as published in the State of Rhode Island Manual for Rabies Management and Protocols. Any expense related to quarantine as described will be the financial responsibility of the suspect animal’s owner.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.10** Rabies Testing {#sec-250-ricr-40-05-2-2.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.10}
A.Domestic animal testing: No suspect rabid animal shall be euthanized without being tested for rabies. Any suspect rabid animal that dies during quarantine shall be tested for rabies at the RI State Health Laboratory or a laboratory recommended by the State Veterinarian.
B.Wild animal testing: The decision whether to test wild animals will be made on a case-by-case basis. The State Veterinarian will have the authority to authorize testing of wild animals.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.11** Quarantine {#sec-250-ricr-40-05-2-2.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.11}
A.An ACO shall order euthanasia, quarantine, strict confinement, close observation and/or rabies immunization for any mammal suspected of rabies incubation or exposure. Any order for quarantine or strict confinement shall specifically enumerate all conditions of such quarantine or strict confinement. All orders of quarantine must be of a duration sufficient to control rabies as determined by the ACO. The ACO may seek the recommendations of the RI Rabies Control Board as published in the State of Rhode Island Manual for Rabies Management and Protocols. A copy of such order shall be sent to the State Veterinarian within seven (7) days of issuance. Off-premises quarantine must only occur at a quarantine facility approved for that purpose by the State Veterinarian or his/her agent.
B.Suspect Rabid Animal
1.Any suspect rabid animal which cannot safely be maintained in a secure off-premise quarantine, and which does not meet the criteria of § 2.11(D) of this Part for strict confinement, may be euthanized and tested for rabies.
C.Quarantine Not Maintained
1.If, in the opinion of the State Veterinarian, the quarantined animal cannot humanely be maintained for the required quarantine period, the animal may be euthanized and tested for rabies prior to the completion of the quarantine period.
D.Strict Confinement
1.An ACO may allow strict confinement for any suspect rabid dog, cat or ferret if the following criteria can be met:
a.The suspect animal is currently vaccinated against rabies and;
b.The ACO or a licensed veterinarian shall, at the owner's expense, observe and certify in writing that the animal is free of signs of rabies on at least the first and last day of the quarantine period. If the animal becomes ill, escapes, exposes a person or other domestic animal, or has an additional rabies exposure during the quarantine or strict confinement period, the local ACO shall immediately be notified by the person having possession of the animal. At the end of the strict confinement period, the release from quarantine must be accomplished in writing by the ACO or licensed veterinarian examining the animal at the close of the quarantine period.
E.Refusal of Strict Confinement
1.The ACO may refuse Strict Confinement based on but not limited to the following factors:
a.The owner's history of non-compliance with regard to animal control ordinances/regulations/statutes;
b.If upon inspection by the ACO of the proposed home confinement area, it is determined to be unsatisfactory;
c.Evidence of non-compliance (intentional or otherwise) to an order of quarantine;
2.If, in the opinion of the ACO, a suspect rabid animal cannot be safely quarantined off premise, the ACO may allow strict confinement after concurrence with the State Veterinarian, the conditions of § 2.11(D)(2) of this Part notwithstanding.
F.Owner or Guardian Strict Confinement
1.If the suspect rabid dog, cat or ferret with a known owner or guardian is ordered by the ACO to be held in strict confinement:
a.The owner/ guardian must strictly abide by the order of strict confinement as issued by the ACO;
b.Such order of strict confinement must include specific instructions regarding manner of confinement and frequency of observation of the suspect rabid animal, characteristics to be aware of as well as what to do in the event of illness, behavioral change, escape, if the animal exposes a person or other domestic animal, or if the animal has an additional rabies exposure.
c.Said animal must be examined by a veterinarian or ACO on the last day of strict confinement and certified in writing to be free of signs of rabies.
d.Failure by the owner to abide by the specific instructions of strict confinement will result in seizure of the animal and euthanasia and rabies testing or completion of the quarantine off premise at the owner's expense.
G.Off Premises Quarantine
1.In the event that the owner/guardian of a suspect rabid dog, cat or ferret chooses to quarantine their animal instead of euthanizing said animal for rabies testing, and the conditions of § 2.11(D) of this Part cannot be met with the result that the animal is quarantined away from the owner/guardian's premises, the owner or guardian shall be responsible for all costs resulting from such ordered quarantine, including, but not limited to, a specified amount per day for the care and feeding of the quarantined animal as specified by the quarantine facility, and any and all additional fees required by the quarantining veterinarian, animal hospital, pound and/or kennel arising out of the quarantine. In order to be released from quarantine, any suspect rabid animal quarantined on or off premises must be examined by an ACO or Veterinarian on or promptly after the last day of quarantine and certified in writing to be free from signs of rabies.
H.Illness or Behavioral Change
1.If the suspect rabid dog, cat or ferret quarantined off premises becomes ill or displays a behavioral change during the quarantine period, the ACO shall ensure that the animal be examined by a licensed veterinarian. If the veterinarian concludes that the animal shows signs compatible with a diagnosis of rabies, the animal shall be immediately euthanized and tested for rabies.
I.Strays
1.If the suspect rabid dog, cat or ferret has no apparent owner and the ACO orders quarantine, said animal shall be held in accordance with state law. Feral and stray dogs must be held in compliance with R.I. Gen. Laws § 4-13-15. Feral and stray cats must be held in compliance with R.I. Gen. Laws § 4-22-5.
a.To allow the owner/guardian an opportunity to claim the animal, a reasonable attempt to notify the owner/keeper of the seizure and quarantine of the animal shall be made. Such notice may be limited to posting the animal's description at the place of quarantine and/or the office of the city or town clerk.
b.After the minimum holding period, the animal may be euthanized by a licensed veterinarian.
c.If euthanasia of said animal is performed prior to the conclusion of the holding period and if the animal euthanized is known to have exposed an animal or human, the animal shall be decapitated and the head shall be submitted for examination and rabies testing.
d.If the dog, cat or ferret with no apparent owner or guardian dies at any time during the quarantine and said animal is known to have exposed an animal or a human, the animal shall be decapitated and the head shall be submitted for examination and rabies testing.
e.If the dog, cat or ferret with no apparent owner or guardian becomes ill at any time during the quarantine and said animal is known to have exposed an animal or a human, the animal shall be examined by a licensed veterinarian.
f.If the veterinarian determines that said animal shows signs compatible with a diagnosis of rabies, the animal shall be euthanized and the head submitted for examination and rabies testing.
J.Ferrets
1.Due to the lack of an established incubation period, if the suspect rabid animal is a ferret, the ACO shall issue an order of quarantine or strict confinement for a duration sufficient to control rabies as determined by the ACO. The ACO may seek the recommendations of the RI Rabies Control Board as published in the State of Rhode Island Manual for Rabies Management and Protocols l. The ACO shall also make an order concerning euthanasia, restraint, quarantine or disposal of a ferret as deemed necessary to mitigate the risk of rabies transmission. The ACO shall send a copy of any order he/she issues to the State Veterinarian.
K.Livestock and Wild Mammals
1.If the suspect rabid animal is domestic and other than a dog, cat or ferret, the ACO shall issue an order of quarantine or strict confinement for a duration sufficient to control rabies as determined by the ACO in concurrence with the State Veterinarian.
2.If the suspect rabid animal is a wild mammal, the ACO shall issue an order of quarantine or strict confinement for a duration sufficient to control rabies as determined by the ACO in concurrence with the State Veterinarian.
3.For wild and livestock species, euthanasia should be considered for animals involved in high risk exposures as determined by the State Veterinarian in consultation with the RI Department of Health.
L.Any owner of an animal who is aggrieved by any order of quarantine, strict confinement, or euthanasia may appeal that order pursuant to the provisions set forth in R.I. Gen. Laws § 4-13-29(b).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.12** Record Keeping {#sec-250-ricr-40-05-2-2.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.12}
A.All ACO's shall maintain a record of all animals placed under an Order of Quarantine and the final disposition of the animal following the termination of the quarantine or rabies examination;
B.Any Order of Quarantine shall be made on forms provided by the DEM, Division of Agriculture. A copy of any order of quarantine so issued shall be sent to the Rhode Island Department of Environmental Management, Division of Agriculture, State Veterinarian, Animal Health Program;
C.In the event that any ACO orders a dog, cat, or ferret euthanized for the purpose of Rabies diagnosis, the head shall be examined and tested for rabies by the RI State Health Laboratory or a State approved laboratory;
D.The ACO will inform the Rhode Island Department of Health of such a submission.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.13** Violations {#sec-250-ricr-40-05-2-2.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.13}
Any person, who violates any provision of these regulations may be subject to fines not to exceed five hundred dollars ($500) per offense, and/or, if applicable criminal prosecution under R.I. Gen. Laws § 4-13-29.3.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.14** Enforcement {#sec-250-ricr-40-05-2-2.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.14}
Any ACO with authority in the jurisdiction where a violation occurred, any Officer of a municipal or state police department, the Rhode Island State Veterinarian, or any Officer of DEM Environmental Police has the authority to enforce any of the provisions of these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.15** Applicability {#sec-250-ricr-40-05-2-2.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.15}
These Regulations shall apply to any owner, or guardian of a domestic or non-domestic animal kept or housed within the State of Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.16** Severability {#sec-250-ricr-40-05-2-2.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.16}
If any section or provision of these Regulations is held invalid by a court of competent jurisdiction, the remaining sections or provisions of the Regulations shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
##### **250-RICR-40-05-2 § 2.17** Consistency {#sec-250-ricr-40-05-2-2.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-2#2.17}
No provision of these regulations shall be construed to prevent enforcement of any other state, federal or local laws and regulations duly adopted for the purpose of protecting the public health.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-31 to 01/04/2022*
- *Technical Revision — effective from 2016-02-25 to 05/31/2018*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Technical Revision — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2016-02-25 to 02/25/2016*
- *Amendment — effective from 2014-02-16 to 02/25/2016*
- *Amendment — effective from 2010-04-15 to 02/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
#### **250-RICR-40-05-3** Rules and Regulations Governing Importation and Possession of Wild Animals
##### **250-RICR-40-05-3 § 3.1** Purpose {#sec-250-ricr-40-05-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.1}
A.To establish a procedure for the issuance of permits for the importation and possession within Rhode Island of those exotic or native wild animals that are free of diseases and that do not pose a threat to humans, livestock and other domesticated animals, and native wildlife.
B.To allow importation/possession by only those persons who can demonstrate to the satisfaction of the Department of Environmental Management (hereinafter the “Department”) that they have adequate facilities, adequate knowledge of, animal health and husbandry, and the ability and resources to care for the subject animals in order to ensure public safety as well as the health and well-being of the imported/possessed exotic or native wild animal.
C.To ensure that endangered and threatened species are not imported/possessed in Rhode Island without a permit.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.2** Repealed {#sec-250-ricr-40-05-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.2}
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.3** Repealed {#sec-250-ricr-40-05-3-3.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.3}
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.4** Repealed {#sec-250-ricr-40-05-3-3.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.4}
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.5** Administrative Findings {#sec-250-ricr-40-05-3-3.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.5}
A.Certain exotic and native wild animals pose a substantial threat to the State of Rhode Island. This threat can include physical harm to residents of the State, potential disease transmission to people or other animals, both domestic and wild, and harm to the State’s native flora, fauna, and agricultural interests. Therefore, it is necessary to regulate the importation and possession of exotic or native wild animals in the State and to limit possession to those species that are not considered to be a threat to public health and safety, animal health, or to be a threat to the natural environment of the State. Additionally, it is necessary to restrict possession of exotic or native wild animals to those parties that have demonstrated that they can competently and safely care for them.
B.For Regulations that govern the importation of domestic species of animals please see Rules and Regulations Governing the Importation of Domestic Animals, Part 1 of this Subchapter.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.6** Definitions {#sec-250-ricr-40-05-3-3.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.6}
A.Wherever used in this Part the following terms should be construed as follows:
1."Animal" and "Animals" means every living creature including but not limited to any species of mammal, bird, fish, reptile, amphibian, insect, aquatic organisms, or other animal except a human being.
2.“Dealer” means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds animals for the purpose of selling or donating to another dealer or pet shop or research facility as cited in R.I. Gen. Laws § 4-19-2(12).
3."Department" means the Department of Environmental Management.
4."Director" means the Director of the Department of Environmental Management, or his/her duly authorized agent or agents.
5."Domestic animal" means any animal, which through extremely long association with humans, have been bred to a degree that has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species. For the purposes of this Part the term domestic animal shall apply to the following animals:
a.Alpaca (Lama pacos),
b.Common Coturnix (Coturnix coturnix or C. japonica),
c.Common Pigeon (rock dove) derived from the blue rock pigeon (Columba livia),
d.Domestic Camel (Camelus dromedarius and Camelus bactrianus),
e.Domestic Cat (Felis catus) excluding hybrids with wild felines,
f.Domestic Cattle (Bos taurus and Bos indicus),
g.Domestic Chicken (Gallus "domesticus") derived from the red junglefowl (Gallus gallus),
h.Domestic Dog (Canis familiaris) excluding hybrids with wild canids,
i.Domestic Ducks derived from the Mallard (Anas platyrhynchos), including, but not restricted to, Aylesbury duck, Blue Swedish duck, Buff duck, Cayuga duck, Crested White duck, English call duck, Indian runner duck, Pekin duck, and Roen duck, derived from the Muscovy duck (Cairina moschata),
j.Domestic Equines (Equus caballus, Equus asinus) including hybrids with other domestic equines, but not hybrids with wild equines,
k.Domestic Geese derived from the greylag goose (Anser anser), including, but not restricted to, Emden goose, Gray African goose, Pilgrim goose, Sebastopol goose, and Toulouse goose, derived from the swan goose (Anser cygnoides), including, but not restricted to, the African goose and the Chinese goose, derived from the Egyptian goose (Alopochen aegyptiaca),
l.Domestic Goat (Capra hircus),
m.Domestic Guineafowl derived from the helmet guineafowl (Numida meleagris),
n.Domestic Hamster derived from (Mesocricetus auratus) and (Phodopus sp.),
o.Domestic Rabbit, including breeds, varieties, and strains derived from the European rabbit (Oryctolagus cuniculus) but not including the European rabbit (Ferae naturae) and not including the so-called "San Juan" rabbit,
p.Domestic Sheep (Ovis aries),
q.Domestic Swine (Sus scrofa domestica) excluding those animals that meet the definition of wild/feral swine, as defined herein,
r.Domestic Turkey derived from the wild turkey (Meleagris gallopavo) and including breeds and varieties recognized by the American Poultry Association and the U.S. Department of Agriculture, but not including the wild turkey (Ferae naturae) and captive or captive-bred individuals thereof and not including the pen-raised or game-farm non-standard variety "Wild Turkey,"
s.Domestic Water Buffalo (Bubalis bubalis),
t.Domestic Yak (Bos grunniens),
u.Guinea Pig (Cavia porcellus),
v.Laboratory Mouse, including breeds, varieties, and strains derived from the house mouse (Mus musculus),
w.Laboratory Rat, including breeds, varieties, and strains derived from the Norway rat (Rattus norvegicus),
x.Llama (Lama glama),
y.Mongolian Gerbil (Meriones unguiculatus),
z.Peafowl (blue peafowl) (Pavo cristatus).
6."Enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, or compartment.
7.“Endangered species” means any animal so declared by the United States Secretaries of the Interior or Commerce under the provisions of the Federal Endangered Species Conservation Act or any animal so declared by the Director of the Rhode Island Department of Environmental Management pursuant to R.I. Gen. Laws Chapter 20-37.
8."Exempt exotic animal" means any animal that is neither listed nor defined as a domestic animal or native wild animal, but for which there is no requirement to obtain an exotic animal possession permit. The list of exotic animals that are exempt from the requirement of obtaining an exotic animal possession permit is found in § 3.17 of this Part.
9."Exotic animal" or "Exotic wild animal" means any vertebrate or invertebrate other than those defined as domestic animals, native wildlife, or exempt exotic animals.
10."Exotic animal possession permit" means a permit issued by the Department, in order to authorize the permittee to import and/or possess any exotic wild animal(s) specifically listed on the permit.
11."Federally accredited veterinarian" means any veterinarian who holds a current license in good standing in any State and who is recognized by the United States Department of Agriculture as having completed the necessary requirements for Federal accreditation.
12."Health certificate" or "Certificate of veterinary inspection" means an official form of the State of origin that states the animal(s)/bird(s) have been inspected and found free of contagious, infectious or communicable diseases, and contains the date of the veterinary inspection as well as the dates and results of all required tests, and describes the animal(s)/bird(s) by species, breed, age, sex, and any individual identification such as ear tags, tattoos, leg bands, microchip, or other means of individual identification, and contains the data for all required tests and vaccinations prior to entry into Rhode Island (including the name and address of the laboratory that performed the test), and has the complete name and address of the consignor and consignee, and contains the signature of the inspecting veterinarian as well as that of the official having jurisdiction over the disease of animals in the State of origin.
13."Hybrid" means any animal which is a result of the cross breeding of a domestic and wild animal for which there is no USDA conditionally licensed or unconditionally licensed rabies vaccine.
14."Native animal possession permit" means shall be issued by the Department, in order to authorize the permittee to import and/or possess any native wild animal(s) which is specifically listed on the permit.
15."Native wildlife" or "Native animal" or "Native wild animal" means all species of animals, including all subspecies thereof, occurring naturally, either presently or historically, within the boundaries of the State of Rhode Island, regardless of where the animal originated.
16."Person" means any individual, firm, association, organization, partnership, business trust, corporation or company including, but not limited to, educational and research institutions, zoological gardens, schools, colleges, universities, pet stores, dealers, animal care facilities, and laboratories.
17."Pet shop" means a temporary or permanent establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on their premises and sold from those premises.
18."Possess" or "Possession" means to exercise dominion or control over a wild animal at any point starting from the point at which the decision is made to import, purchase, breed, keep, or otherwise manage an animal and lasting up until its ultimate disposition.
19."Quarantine" means shall refer to the types of enclosures necessary to ensure that the confined animal will not have any contact, either directly or through fomites, with any domestic animal, wild animal, or person, other than the person(s) charged with the immediate care of the animal.
20."RIDEM" means the Department of Environmental Management.
21."Researcher" means someone engaged in scientific research or experimentation and who is a student, faculty member, employee or contractor at an accredited college, university, or research institution.
22."Short-term exhibition" shall mean for a period not to exceed thirty (30) days, from the time the animal(s) in question enter the State until the time they leave.
23."Target species" means those species that are the most common wildlife carriers of rabies including raccoons, skunks, bats, woodchucks, and foxes or other mammal species as may be determined by the Rhode Island Rabies Control Board.
24."USDA" means the United States Department of Agriculture.
25."USFWS" means the United States Fish and Wildlife Service.
26."Veterinarian" means an individual currently licensed to practice veterinary medicine in the State of Rhode Island.
27."Wild animal" means any animal other than a domestic animal and includes those animals that may be defined as exotic or native wild animals.
28."Wild swine" or "Feral swine" means any animal of the genus and species (Sus scrofa) that is not intended for commercial agricultural purposes such as breeding or meat production, for pet ownership, or for biomedical research. A wild/feral swine can also refer to a domestic pig that has escaped from captivity or has been released into the wild (accidentally or otherwise), or one that is descended from such animals.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.7** General Prohibitions {#sec-250-ricr-40-05-3-3.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.7}
A.Possession of Wild Carnivores. All exotic and native wild animals and hybrids of the order Carnivora for which there is no USDA conditionally licensed or unconditionally licensed rabies vaccine are expressly prohibited from importation or possession without the issuance of a valid permit by the Department. Possession is restricted to bona fide researchers, USDA licensed exhibitors authorized to possess animals of this order for short-term exhibition purposes, and Association of Zoos and Aquariums (AZA) certified facilities.
B.Possession of Non-Human Primates. All exotic wild animals of the order Primates are expressly prohibited from importation or ownership without the issuance of a valid permit by the Department. Possession is restricted to bona fide researchers, USDA licensed exhibitors authorized to possess animals of this order for short-term exhibition purposes and AZA certified facilities.
C.Possession of Native Wildlife. All native wild animals are expressly prohibited from importation or ownership without the issuance of a valid permit by the Department. Possession is restricted to the Department, the USFWS, AZA certified zoos and aquariums, research institutions and researchers involved in approved bona fide research or project as determined by the Director, and USDA licensed exhibitors authorized to possess animals for short-term exhibition purposes. See § 3.17 of this Part for a listing of native species.
D.Possession of Red Eared Slider Turtles. No person other than a bona fide researcher, or a licensed pet shop and their transportation carriers shall import any Red Eared Slider turtles (Trachemys scripta elegans). All persons other than a bona fide researcher, or a licensed pet shops and their transportation agents are prohibited from possessing Red Eared Slider turtles unless they are kept indoors as pets in a manner that will prevent their escape or liberation into the wild. Keeping of these animals in any type of outdoor enclosure is prohibited. Pet shops that sell Red Eared Slider turtles must:
1.Notify all purchasers of these turtles that they must keep them indoors and in a manner that will prevent escape or liberation into the wild; and,
2.Keep for a period of a minimum of three (3) years from the date of sale, a register of all persons who purchase these turtles to include the purchaser’s name, address, telephone number, date of purchase, signature, and a statement that purchaser acknowledges that the animal must be kept indoors and in a manner that will prevent escape or liberation into the wild.
E.Possession of Mute Swans or their Eggs. The importation or possession of Mute Swans (Cyngus olor) or their eggs is expressly prohibited.
F.Possession of Mudpuppies. The importation or possession of Mudpuppies (Necturus spp.) is expressly prohibited.
G.Possession of American Bullfrog. The importation or possession of bullfrogs (Lithobates catesbeianus) is expressly prohibited, except for flesh that is cooked or frozen and intended for human consumption.
H.Possession of Exotic Amphibian Species. No person other than a bona fide researcher, or a licensed pet shop and their transportation carriers shall import any species of exotic amphibians. All persons other than a bona fide researcher, or a licensed pet shops and their transportation agents are prohibited from possessing any species of exotic amphibians unless they are kept indoors as pets in a manner that will prevent their escape or liberation into the wild. Keeping of these animals in any type of outdoor enclosure is prohibited. Pet shops that sell exotic amphibians must;
1.Notify all purchasers of these animals that they must keep them indoors and in a manner that will prevent escape or liberation into the wild; and,
2.Keep for a period of a minimum of three (3) years from the date of sale, a register of all persons who purchase these amphibians to include the purchaser’s name, address, telephone number, date of purchase, species purchased, signature, and a statement that purchaser acknowledges that the animal must be kept indoors and in a manner that will prevent escape or liberation into the wild.
I.Possession of Wild or Feral Swine. The importation or possession of any swine for any purpose other than the commercial raising of swine for breeding associated with agricultural purposes, for use as meat producing animals raised in an agricultural setting, for pet ownership, or for biomedical research is prohibited. The intentional liberation of such an animal is punishable under the provisions of R.I. Gen. Laws § 4-1-26 Abandonment of Animals.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.8** General Exemptions {#sec-250-ricr-40-05-3-3.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.8}
A.General Exemption for Pet Shops and Dealers. Exemption from individual exotic animal possession permits for Pet Shops and Dealers. Pet shops and dealers that are properly licensed and in good standing pursuant to R.I. Gen. Laws § 4-19-5 and R.I. Gen. Laws § 4-19-7 may be granted by the Department a resale permit in lieu of an individual exotic animal possession permit. The resale permit will allow possession of a reasonable number of a particular species to be kept on the licensed premises for the purpose of resale. Each species will require issuance of a resale permit for that species. The application for a resale permit will be provided by the Department and the fee will be five dollars ($5.00) per permit issued. Animals held by a pet shop or dealer under a resale permit may only be sold to persons who can demonstrate lawful possession of the particular species, including an exotic animal possession permit if required.
B.General Exemptions for AZA-Accredited and USDA Licensed Facilities. Nothing in this Part shall prohibit zoos, aquariums, research facilities, managed propagation facilities, or other animal care facilities that meet the exemption criteria for such facilities listed in R.I. Gen. Laws §§ 4-18-3 and 4-18-6 from importing or possessing native and exotic wild animals without a permit. Such facilities shall comply with all Department import/possession specifications identified within the subject statues and this Part, including, but not limited to, reporting, examination, and testing requirements.
C.General Exemptions for Nuisance Wildlife Control Specialists. Nothing in this Part shall prohibit a person possessing a valid license as a Nuisance Wildlife Control Specialist issued by the Department from possession of native wildlife without a permit while in the execution of their professional duties and in compliance with Rules and Regulations Governing Nuisance Wildlife Control Specialists, Subchapter 00 Part 3 of this Chapter.
D.General Exemption for Licensed Wildlife Rehabilitators. Nothing in this Part shall prohibit a person possessing a valid license as a Wildlife Rehabilitator issued by the Department from possession of native wildlife without a permit while in the execution of their duties and in compliance with Rules and Regulations Governing Wildlife Rehabilitation, Subchapter 00 Part 1 of this Chapter.
E.General Exemption for Authorized Agents of the Department in their Official Duties. Nothing in this Part shall prohibit an agent of the Department’s Division of Agriculture, Division of Fish and Wildlife, or Division of Law Enforcement from possession of exotic wildlife or native wildlife without a permit while in the execution of his or her official duties.
F.General Exemption for Agents of the Rhode Island Society for the Prevention of Cruelty to Animals. Nothing in this Part shall prohibit an agent of the Rhode Island Society for the Prevention of Cruelty to Animals from possession of exotic wildlife or native wildlife without a permit while in the execution of their law enforcement powers pursuant to R.I. Gen. Laws Chapter 4-1.
G.General Exemption for Possession of Insects. Nothing in this Part shall prohibit any person from possession of exotic animals or native animals of the class Insecta unless the animals of that class appear on the list of prohibited insects as is published by the USDA at the following URL: https://www.invasivespeciesinfo.gov/terrestrial/invertebrates under the heading of “Invasive Species.” Possession of any animal on this list requires an exotic animal possession permit.
H.General Exemptions for Some Species of Exotic Wild Animals. Nothing in this Part shall prohibit any person from possession of exempt exotic animals as defined herein. The list of exempt exotic animals will appear on a list published by the Department as § 3.17 of this Part.
I.General Exemption for Game Bird Propagation. Nothing in this Part shall prohibit any person from possession of native wild animals as defined herein for the purpose of propagation of game birds pursuant to R.I. Gen. Laws Chapter 20-17.
J.General Exemption for Licensed Falconers. Nothing in this Part shall prohibit a person possessing a valid license as a Falconer issued by the Department from possession of native wildlife without a permit while in the execution of the privileges associated with their Falconry license provided they are in compliance with the current Rhode Island Falconry Regulations, Subchapter 00 Part 7 of this Chapter.
K.General Exemption for Travelers. Nothing in this Part shall prohibit any person from possession of a native or exotic wild animal, as defined herein, from traveling through the State, provided they are duly authorized to possess the animals in question under a valid Federal or State license, and that the animals are properly confined, and that they do not exhibit, offer for sale, barter, release, or otherwise transfer possession of animals to another while in Rhode Island, or stay overnight in the State while in possession of native or exotic wild animals, unless duly authorized to do so by the Department.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.9** Requirements for Permits {#sec-250-ricr-40-05-3-3.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.9}
A.A permit to import into, receive, or possess in this State animals defined as exotic wild animals or native wild animals under § 3.6 of this Part, shall be restricted to the USDA, the Department, AZA approved zoos and research institutes or other USDA approved facilities, as well as exhibitors and private persons, seeking to import or possess a wild animal for private ownership, unless expressly prohibited under § 3.7 of this Part, pursuant to the provisions of R.I. Gen. Laws §§ 4-18-3 and 4-18-6, as amended herein. Obtaining such permits does not preclude conformance with such other applicable Federal, State, or Local requirements.
B.Unless exempted pursuant to R.I. Gen. Laws §§ 4-18-3 and 4-18-6, no person shall be allowed to import, or possess any animals defined as exotic wild animals or native wild animals without first obtaining a permit from the Department. In addition, no permits shall be granted by the Department to a private person authorizing the import, and/or possession of any exotic wild animals of the order Carnivora, or hybrids thereof, for which there is no USDA conditionally licensed or unconditionally licensed rabies vaccine.
C.The Department, at its discretion, may issue an exotic animal possession permit to import, receive, or possess exotic animals, and native animals. An exotic animal possession permit is not required for importation or possession of domestic animals or for importation or possession of exempt exotic animals.
D.Persons wishing to obtain a permit to import or possess exotic wild animals can do so through the Department, Division of Agriculture.
E.Persons wishing to obtain a permit to import or possess native wildlife as defined in § 3.6(A)(14) of this Part can do so through the Department, Division of Fish and Wildlife.
F.Any resident person who at the time of the adoption of these Regulations possesses a USDA Exhibitors License and currently possesses a Wild Animal Possession permit from the Department for a native or exotic animal, shall be authorized to continue to possess the animal(s) in question, in accordance with these Regulations, for the life of that animal. Any request to possess additional animals shall be subject to the requirements of these Regulations.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.10** Application for Permit {#sec-250-ricr-40-05-3-3.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.10}
A.Applications for wild animal possession permits will be made on forms provided by the Department.
B.All applications for a wild animal possession permit must include the following for each species:
1.The number, sex, age, and true scientific name and means of permanent individual identification of each individual animal proposed to be imported and/or possessed.
2.The carrier and point of first arrival as well as the location where each animal will be kept within the State.
3.The purpose for which the wild animal will be imported and possessed.
4.The full name and complete street address of the consignee and consignor (P.O. boxes are not acceptable).
5.A “health certificate” (certificate of veterinary inspection) issued by a Federally-accredited veterinarian licensed in the State of origin of the exotic animal. The health certificate is to include the results and dates of any testing that was determined necessary by the Director prior to entry into the State of Rhode Island. The health certificate must be as defined in § 3.6(A)(11) of this Part.
6.The location where the animal(s) will be held in quarantine upon entry into the State of Rhode Island. This location and all enclosures must be inspected and approved prior to issuance of a wild animal possession permit.
7.The location where the animal(s) will be permanently held after release from quarantine. This location and all enclosures must be inspected and approved prior to issuance of a wild animal possession permit.
8.The name and address of the veterinarian currently licensed in Rhode Island who will conduct the tests and examinations specified by the Department. A letter from a veterinarian currently licensed in Rhode Island stating that he/she will conduct any testing or examinations as will be required periodically by the Department.
9.Except for AZA certified facilities, any person desiring to import or possess a wild animal shall also provide a detailed written description to the Department of the manner in which the animal(s)’ nutritional, housing, and exercise needs will be met. Approval of this document must be made prior to issuance of a wild animal possession permit.
10.Any other information that the Department may deem to be relevant to the specific request.
C.Applicants seeking a permit for an exotic wild animal must also provide the following:
1.Permit fee as specified by R.I. Gen. Laws §§ 4-18-8 or 20-1-21.
2.Letter from the Department, Division of Fish and Wildlife, endorsed by the Chief of that division or his/her designee stating that the species is not considered a native species as defined under § 3.6(A)(14) of this Part.
D.Applications for the issuance of permits to import or possess exotic or native wild animals must be submitted for processing to: RI Department of Environmental Management, Permitting Center, 235 Promenade Street, Providence, R.I., 02908.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.11** Issuance and Conditions {#sec-250-ricr-40-05-3-3.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.11}
A.Issuance of exotic or native wild animal import or possession permits may be made by the Department upon the following:
1.Receipt of written application providing all of the information enumerated in this Part not less than seven (7) days preceding the probable day of shipment of the animal(s);
2.Satisfactory inspection by the Department of the proposed quarantine site and final enclosures;
3.Payment of the necessary permit fee of five dollars ($5.00) per animal as required under R.I. Gen. Laws § 4-18-8. (Fee applicable only to exotic wild animals as defined);
4.Determination by the Department that importation or possession of the exotic or native wild species will not endanger the public health or the health of native wildlife or domestic animals to an extent greater than possession of domestic animals or exempt exotic animals would;
5.Approval of the proposed point of first (1st) entry into the State of Rhode Island; and,
6.Receipt and approval by the Rhode Island State Veterinarian of a Health Certificate signed and issued within thirty (30) days of the anticipated arrival of the wild animal(s). Such Health Certificate must be issued by a Federally-accredited Veterinarian licensed in the State of origin of the exotic or native wild animal(s), be countersigned by the State Veterinarian of the State of origin and be accompanied by any test records determined to be necessary by the Department. The Health Certificate must state that the animal(s) is free from signs of infectious, contagious, and zoonotic diseases in addition to the specific required tests.
B.The permit may, at the discretion of the Department, list specific conditions that must be met prior to and/or must be maintained after issuance of an exotic or native wild animal possession permit.
C.The exotic or native wild animal possession permit is not transferable to another person or location without the expressed prior written permission to do so from the Department.
D.Any person in possession of an exotic or native wild animal possession permit must maintain possession of the animal(s) identified on that permit at the location specified on that permit, and in the enclosure(s) that were inspected prior to issuance of that permit. Removal of the animal to any location within the State without the expressed written approval by the Department is prohibited. Anyone wishing to remove the animal from the permitted location or enclosure must notify the Department in writing no less than fourteen (14) days prior to the expected movement. The Department will conduct an inspection of the premises and enclosure that the permitted animal is intended to be moved to, and if approved, will notify the permittee that the animal may be moved. No animal may be moved without approval by the Department.
E.Prior approval by and notification of the Department is not necessary for the temporary movement of the animal for emergency veterinary care or in the event of an event that jeopardizes the health and safety of the public, or the permitted animal. In the event that an animal is moved under these circumstances, the Department must be notified as soon as possible, no later than the following business day.
F.Any modification of the enclosure(s) must be inspected and approved before the permitted animal(s) are allowed to be housed within.
G.Any exotic or native wild animal as permitted shall not be used for breeding purposes without prior approval by the Department. If approval is granted, limits may be imposed as to the number of exotic or wild animals allowed per location and or enclosure.
H.The possessor of any permitted exotic or native wild animal must notify the Department within twenty-four (24) hours of the death of that animal, and immediately upon the escape of that animal. The Department may be contacted outside of normal business hours at (401) 222-3070, DEM Division of Law Enforcement.
I.The exotic or native wild animal and the enclosure are subject to periodic inspection by representatives of the Department without prior notice.
J.The Department may order immediate examination and testing of any permitted exotic or native wild animal(s) upon suspicion that the animal(s) may be harboring a disease that threatens public health or the health of domestic animals or native wildlife. Measures necessary to do so may include but not be limited to quarantine, seizure, euthanasia, and post-mortem examination. Any examination or testing so ordered will be at the expense of the permittee.
K.Any person bitten, scratched or otherwise injured by a permitted exotic or native wild animal must be immediately reported to the Animal Control Officer in the municipality where the animal is housed and to the Rhode Island State Veterinarian.
L.The release into the wild of any animal for which an exotic or native wild animal importation and or possession permit has been issued is prohibited whether or not such release was intentional or accidental. Release may be subject to criminal prosecution pursuant to R.I. Gen. Laws § 4-1-26 in addition to the imposition of any administrative penalties herein.
M.Any animal imported with an exotic or native wild animal possession permit may, at the discretion of the Department, in accordance with R.I. Gen. Laws § 4-18-11, be required to undergo a period of quarantine. The terms of the quarantine will be established on a case-by-case basis by the Rhode Island State Veterinarian.
N.The disposition of any permitted animal that the permittee no longer wishes to maintain is the sole responsibility of the permittee. All dispositions must be made in accordance with applicable Federal, State, and local laws or ordinances. If the permittee chooses to euthanize the animal as the means of disposition, such euthanasia must be performed in accordance with the most current version of the AVMA Guideline for the Euthanasia of Animals as is published by the American Veterinary Medical Association. The Department must be notified in writing within seven (7) days of a disposition. The method of disposition must be included in the notice. The permittee must also return the permit along with the notice of disposition.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.12** Enforcement {#sec-250-ricr-40-05-3-3.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.12}
A.Any agent of the Department acting in his or her official capacity has the authority to enforce the provisions of this Part.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.13** Violations {#sec-250-ricr-40-05-3-3.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.13}
A.Any violation pursuant to the provisions of R.I. Gen. Laws Chapter 20-4 and/or this Part may be cause for imposing penalties in accordance with the provisions of the above mentioned statute and/or this Part, as well as revocation of existing exotic or native wild animal possession permits.
B.Any exotic or native wild animal imported into or possessed within the State of Rhode Island without obtaining a permit to do so prior to import or possession will be considered to be contraband. Any such animal may be confiscated by the Department or any other law enforcement agency. Any confiscated animal may be euthanized and its entire carcass or parts thereof may be held as evidence. Any confiscated animal not euthanized may be kept by the Department with the owner of the animal being responsible for cost of care including but not limited to cost of feeding, boarding, veterinary care, transportation, and routine husbandry.
C.If an exotic or native wild animal is judged to have been illegally possessed or imported, the Department may make a reasonable effort to find suitable placement for the animal or at the discretion of the Department, the animal may be euthanized.
D.Upon a determination that the permittee is or has been in violation of the requirements of the subject permit or that the applicant has submitted with inaccurate information, the Department may deny, revoke, or suspend existing permit(s) issued pursuant to this Part. Upon denial, revocation, or suspension of a permit for which the animal is already in the possession of the applicant, the animal may be seized by the Department. Any animal that is seized by the Department may be euthanized. The owner of any animal that is seized by the Department, but is not euthanized, is responsible for all cost of care including but not limited to cost of feeding, boarding, veterinary care, transportation, and routine husbandry while the animal is in the custody of the Department.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.14** Penalty {#sec-250-ricr-40-05-3-3.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.14}
A.Judicially Imposed Penalties:
1.Any person who is found in violation of this Part with the subject animal being an exotic wild animal may be penalized under the authority of R.I. Gen. Laws § 4-18-14 Penalty for violations. Any person who violates any provisions of this Chapter shall be fined not less than one hundred dollars ($100.00), and the loss of any specimen referred to in this Chapter.
2.Any person who is found in violation of this Part with the subject animal being a native wild animal may be penalized under the authority of R.I. Gen. Laws § 20-1-16 Penalty for violations. Unless otherwise specifically provided, the violation of any law or Rule or Regulation relating to wild animals, wild birds, lobsters and fish, marine, freshwater and anadromous fisheries and shellfisheries shall be a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for up to ninety (90) days, or both.
B.Administrative Enforcement Actions: Additionally, any person found in violation of these this Part is subject to administrative penalties as follows:
1.Any person who shall fail to comply with any of this Part shall be fined not exceeding three hundred dollars ($300.00) per offense;
2.Each and every occurrence and/or day during which the violation or failure to comply is repeated shall constitute a separate and distinct violation;
3.Any person who shall fail to comply with any Regulation so made shall be responsible for all costs and fees associated with any quarantine, examination and testing required by the State Veterinarians Office, and subject to forfeiture of the subject animal(s).
4.The permit to import and or possess an exotic or native wild animal by any person who shall fail to comply with any of this Part or any of the conditions set forth in said permit may be suspended or revoked in addition to the imposition of any other penalty that may be imposed judicially or pursuant to an administrative enforcement proceeding.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.15** Appeal and Hearing Procedure {#sec-250-ricr-40-05-3-3.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.15}
A.Opportunity for Hearing:
1.Denials: Any person whose application for an application for a permit or permit renewal is denied, may appeal to the Administrative Adjudication Division for review of the decision on which the denial is based.
2.Violations: Any person, who has been issued a notice of violation of any of the provisions of these Rules, may request a hearing from the Administrative Adjudication Division, subject to the provisions of R.I. Gen. Laws § 42-17.1-2(21).
3.Hearings and Administrative Procedure: Pursuant to the authority granted to the Department in R.I. Gen. Laws § 42-17.7-9.
a.Any person who seeks an adjudicatory hearing in order to contest an enforcement action which alleges violation(s) of this Part must file said request in writing with the clerk of Administrative Adjudication Division, One Capitol Hill, Fourth Floor, Providence, Rhode Island, 02908 within twenty (20) days of receipt of the contested agency enforcement action.
b.Any person who seeks an adjudicatory hearing relative to the denial of a permit or sub-permit arising under this Part must file said request in writing with the clerk of Administrative Adjudication 235 Promenade St, Third Floor, Providence, Rhode Island, 02908 within thirty (30) calendar days of receipt of the contested agency action.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.16** Repealed {#sec-250-ricr-40-05-3-3.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.16}
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
##### **250-RICR-40-05-3 § 3.17** Appendix A: List of Exempt Exotic Animals and Native Wild Animals {#sec-250-ricr-40-05-3-3.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-3#3.17}
A.This list identifies those species of wild animals which are exempt from the permit provisions of R.I. Gen. Laws Chapter 4-18, and may be kept without a possession permit from the Department provided that all provisions of applicable statutes and this Part are satisfied. Species not listed, or which are explicitly identified as requiring a possession permit from the Department, are not considered exempt and shall require a valid possession permit per the specifications of this Part. The inclusion of a species on this listing does not obviate the necessity for the obligation to comply with any applicable requirements under Federal, State, or local laws, including those pertaining to endangered species and State export restrictions. This appendix may be modified as need.
1.List of Invertebrates:
a.Insects: All species of insects are exempt from the requirement for an exotic animal possession permit unless it is considered a nuisance species, invasive species, or is otherwise prohibited from importation by Federal or State laws that restrict said importation. The list of prohibited insects is published by the USDA at the following URL under the heading of “Invasive Species.” Possession of any animal on this list requires the possession of a valid exotic animal possession permit.
b.Other Invertebrates: All other invertebrates except those specifically listed below are exempt from the requirement for an exotic animal possession permit unless it is considered a nuisance species, invasive species, or is otherwise prohibited from importation by Federal or State laws that restrict said importation.
c.Possession of the following invertebrates is prohibited:
(1)Zebra Mussels (Dreissena polymorpha, D. bugensis),
(2)Spiny Waterflea (Bythotrephes cederstroemi),
(3)Fishhook Waterflea (Cercopagis pengoi),
(4)All non-indigenous crayfish,
(5)Asiatic Clam (Corbicula sp.) Live specimens of this genus are prohibited. Specimens that are frozen, cooked, or otherwise prepared for human consumption are exempt from the permitting requirement.
(6)Giant African (land) snail (Lissachatina fulica).
2.List of Fish:
a.All aquarium trade fish, other than those listed below as prohibited, may be kept without an exotic animal possession permit except endangered species. The Division of Fish and Wildlife may have additional restrictions (via permit) if the species of fish is considered to be native or nuisance.
b.Possession of the following species of fish is prohibited:
(1)Grass Carp or White Amur (Ctenopharyngdon idella),
(2)Rudd (Scardinius erythrophthalmus),
(3)Walking Catfish (Clarias spp. and all members of the family Clariidae),
(4)Snakeheads (Channidae and Parachannidae),
(5)Black Carp (Mylopharyngodaon piceus),
(6)Round Goby (Neogobius melanostomus),
(7)Tubenose Goby (Proterhinus marmoratus),
(8)Ruffe (Gymnocephalus cernuus).
3.List of Amphibians:
a.The Rhode Island DEM’s Division of Fish and Wildlife considers all exotic amphibians to be a potential nuisance, vector for disease, or a threat to native fauna. All retail amphibian vendors must be in compliance with § 3.7(H) of this Part. Any person in possession of an exotic amphibian must house the animal indoors at all times and in a manner that will prevent escape or liberation into the wild.
b.The possession of native amphibians is restricted to those institutions identified within § 3.7(C) of this Part, and as exempted per § 3.8 of this Part. Terrestrial amphibians considered native to Rhode Island and which possession as pets is prohibited include the following:
(1)American Bullfrog (Lithobates catesbeianus),
(2)American Toad (Anaxyrus americanus),
(3)Eastern Red-backed Salamander (Plethodon cinereus),
(4)Eastern Spadefoot (Scaphiopus holbrookii),
(5)Four-toed Salamander (Hemidactylium scutatum),
(6)Fowler’s Toad (Anaxyrus fowleri),
(7)Gray Treefrog (Hyla versicolor),
(8)Marbled Salamander (Ambystoma opacum),
(9)Northern Dusky Salamander (Desmognathus fuscus),
(10)Green Frog (Lithobates clamitans),
(11)Northern Leopard Frog (Lithobates pipiens),
(12)Spring Salamander (Gyrinophilus porphyriticus ),
(13)Northern Two-lined Salamander (Eurycea bislineata),
(14)Pickerel Frog (Lithobates palustris),
(15)Eastern Newt (Notophthalmus viridescens),
(16)Spotted Salamander (Ambystoma maculatum),
(17)Spring Peeper (Pseudacris crucifer),
(18)Wood Frog (Lithobates sylvatica).
4.List of Reptiles:
a.Turtles:
(1)All exotic species of turtles may be kept without an exotic animal possession permit, except endangered species. § 3.17(A)(4)(a)(2) of this Part for a list of native turtle species. Possession of the following species requires an exotic animal possession permit:
(A)Argentina or Chaco Tortoise (Geochelone chilensis),
(B)Gopher tortoises (Gopherus polyphemus) and all other species in the genus Gopherus,
(C)Pancake Tortoise (Malacochersus tornieri).
(2)The possession of native turtles is restricted to those institutions identified within § 3.7(C) of this Part, and as exempted per § 3.8 of this Part. Turtles considered native to Rhode Island and which possession as pets is prohibited include the following:
(A)Box Turtle (Terrapene carolina),
(B)Eastern Musk Turtle (Sternotherus odoratus),
(C)Painted Turtle (Chrysemys picta),
(D)Snapping Turtle (Chelydra serpentina),
(E)Diamond-backed Terrapin (Malaclemys terrapin),
(F)Spotted Turtle (Clemmys guttata),
(G)Wood Turtle (Glyptemys insculpta).
b.Snakes:
(1)All venomous snakes require an exotic animal possession permit. Refer to § 3.17(A)(4)(a)(2) of this Part for a list of native snake species.
(2)The following exotic species of snakes may be kept without an exotic animal possession permit except endangered species and the specific exceptions listed below:
(A)All species of boas and pythons (family Boidae), may be kept without an exotic animal possession permit except those species that are endangered, and except the Emerald Tree Boa (Corallus caninus), Green Tree Python (Chondropython spp.), African Rock Python (Python sebae), Reticulated Python (Python reticulatus) and all species of Anaconda (Eunectes spp.).
(B)Shield-tailed Snakes, Sunbeam Snakes, and others in the families Uropeltidae and Xenopeltidae may be kept without an exotic animal possession permit.
(C)Worm Snakes, Thread Snakes, and others in the families Typhlopidae, Leptotyphlopidae, and Anomalepidae may be kept without an exotic animal possession permit.
(D)Snakes of the family Colubridae, as follows may be kept without an exotic animal possession permit:
(i)Asian Rat Snakes (Elaphe spp. and Ptyas spp. and Zaocys spp. and Bogetophis spp.),
(ii)Bird Snake or Puffing Snake (Pseustes spp.),
(iii)Brown and Redbelly Snakes (Storeria spp.),
(iv)Diadem Snakes (Spalerosophis spp.),
(v)Glossy Snakes (Arizona spp.),
(vi)Gopher and Pine Snakes (Pituophis spp.),
(vii)Green Snakes (Opheodrys spp.),
(viii)Ground Snakes (Sonora spp.),
(ix)House Snakes (Boaedon [Lamprophis] spp.),
(x)Kingsnakes and Milk Snakes (Lampropeltis spp.), other than native species listed below,
(xi)Mole Snake (Pseudaspis spp.),
(xii)North American Rat Snakes (Pantherophis spp.) except the Central Rat Snake (P. alleghaniensis) (other than albinistic and leucistic individuals) which requires a permit,
(xiii)Texas Indigo Snake (Drymarchon corais erebennus),
(xiv)Tropical Rat Snakes (Spilotes spp.),
(xv)Water Snakes (Nerodia [Natrix] spp.), and,
(xvi)Western Hognose Snake (Heterodon nasicus)
(3)The possession of native snakes is restricted to those institutions identified within § 3.7(C) of this Part, and as exempted per § 3.8 of this Part. Snakes considered native to Rhode Island and which possession as pets is prohibited include the following:
(A)Eastern Ribbonsnake (Thamnophis sauritus),
(B)Northern Watersnake (Nerodia sipedon),
(C)Common Gartersnake (Thamnophis sirtalis),
(D)Eastern Hog-nosed Snake (Heterodon platirhinos),
(E)Milksnake (Lampropeltis triangulum),
(F)Eastern Ratsnake (Pantherophis alleghaniensis),
(G)Common Wormsnake (Carphophis amoenus),
(H)North American Racer (Coluber constrictor),
(I)Dekay's Brownsnake (Storeria dekayi),
(J)Red-bellied Snake (Storeria occipitomaculata),
(K)Ring-necked Snake (Diadophis punctatus),
(L)Smooth Greensnake (Opheodrys vernalis),
(M)Timber Rattlesnake (Crotalus horridus).
c.Lizards:
(1)Possession of the Gila Monster, Beaded Lizard (Heloderatidae), and all Monitors (Varanidae) requires an exotic animal possession permit.
(2)The following lizards may be kept without a permit except for endangered species. The Division of Fish and Wildlife may have additional Regulations if the species of lizard is considered native or nuisance.
(A)All Skinks (Scincidae) may be kept without an exotic animal possession permit except for the following: Florida Sand Skinks (Neoseps spp.), Solomon Island Ground Skink (Tribolonotus spp.).
(B)The following Girdle-tailed Lizards (Cordylidae) may be kept without a permit: False Club-tailed Lizards (Pseudocordylus spp.), Girdle-tailed Lizards (Cordylus spp.), Plated Lizards (Gerrhosaurus spp.), Rock Lizards (Platysaurus spp.), (Zonosaurus spp.).
(C)All Teiids (Teiidae) may be kept without an exotic animal possession permit except for the following: Brown Water Teiids (Neusticurus spp.), Dicrodon spp., Earless Teiids (Bachia spp.), Rough Teiids (Echinosaura spp.), Snake Teiids (Ophiognomon spp.), Spectacled Teiids (Gymnophthalmus spp.), Worm Teiids (Scolacosaurus spp.).
(D)The following Lacertid Lizards (Lacertidae) may be kept without an exotic animal possession permit: Acanthodactylus spp., Gallotia spp., Lacerta spp., Podarcis spp., Psammodromus spp.
(E)The following Lateral-fold Lizards (Anguidae) may be kept without an exotic animal possession permit: Alligator Lizards (Gerrhonotus spp.), Glass Lizards (Ophisaurus spp.), Slowworm (Anguis spp.).
(F)All Gekkos (Gekkonidae) may be kept without an exotic animal possession permit except the Big Bend Gekko (Coleonyx reticulatus).
(G)The following Iguanid Lizards (Iguanidae) may be kept without an exotic animal possession permit: Basilisks (Basiliscus spp.), Collared and Leopard Lizards (Crotaphytus spp.), Common or Green Iguanas (Iguana i. iguana), False or Spring-tailed Iguanas (Ctenosaurus spp.), (Liolaemus spp.), New World Chameleons (Anolis spp. and Ctenotus spp.), Spiny Lizards (Sceloporus spp.), Tree and Bush Lizards (Urosaurus spp.), (Uranoscodon spp.), Zebra-tailed Lizards (Callisaurus spp.).
(H)The following Agamid Lizards (Agamidae) may be kept without an exotic animal possession permit: Amphibolorus spp., Calotes spp., Hydrosaurus spp., Pogona spp., Water Dragon (Physignathus spp.).
(I)Night Lizards (Xantusidae): All Night Lizards (Xantusia spp.) may be kept without an exotic animal possession permit, except for the Utah Night Lizard (Xantusia virgilis utahensis).
(J)Old World Chameleons (Chameleonidae) may be kept without an exotic animal possession permit.
5.List of Birds:
a.Possession of the following groups of birds is prohibited without a permit issued by the USFWS and if the bird is considered native, a permit issued by Rhode Island DEM Division of Fish & Wildlife:
(1)Endangered species of birds,
(2)Migratory birds listed in the Code of Federal Regulations, 50 C.F.R. § 10.13 (2017) (Migratory Bird Treaty Act),
(3)NOTE: RIDEM Division of Fish & Wildlife Regulations prohibits the possession of mute swans or their eggs.
b.The following birds or groups of birds may be kept without an exotic animal possession permit:
(1)Blue or Button Quail (Coturnix chinensis),
(2)Columbidae (Pigeons and Doves),
(3)Bobwhite quail (Colinus virginianus),
(4)Chukar partridge (Alectoris chukar),
(5)Estrildidae (Waxbills and allies),
(6)Fringillidae (Finches and allies),
(7)Pheasants (the subfamily Phasianinae, of the family Phasianidae in the order Galliformes),
(8)Ploceidae (Weaver Finches except the Red-billed, Black-fronted, and Sudan Diochs, which require a permit),
(9)Psittacidae (Parrots and their allies) except for Myiopsitta monachus (Monk Parakeet), which requires a permit,
(10)Ramphastidae (Toucans, Aracaris, and Toucanets),
(11)Sturnidae (Starlings and Mynahs), except the Rose-colored Starling (Pink Starling or Rosy Pastor, Sturnus roseus), which requires a permit.
6.List of Mammals:
a.The following mammals may be kept without an exotic animal possession permit:
(1)Four-toed (African pygmy) Hedgehog (Erinaceus albiventris) (Atelerix pruneri),
(2)Chinchilla (Chinchilla spp.) derived from captive stock,
(3)Degu (Octodon degus),
(4)Egyptian Spiny Mouse (Acomys cahirinus),
(5)House Mouse (Mus musculus),
(6)Jerboas (Dipus spp.),
(7)Norway Rat (Rattus norvegicus),
(8)Paca (Cuniculus spp.),
(9)Captive bred hamsters that are common pet trade species,
(10)Sugar Glider (Petaurus breviceps),
(11)Ferret (Mustela putorius). Note: Possession of a ferret does not require obtaining an exotic animal possession permit. Possession of a ferret does require a ferret possession permit issued through the Division of Fish & Wildlife.
b.The importation and possession of native and exotic cervids by any person is prohibited without a valid permit from the Department per the Rules and Regulations Governing the Importation, Feeding, and Baiting of Cervids in Rhode Island, Part 60-00-2 of this Title. However, AZA-accredited facilities are exempt from permitting requirements pursuant to R.I. Gen. Laws §§ 4-18-3 and 4-18-6 provided compliance with all specified requirements within the statutes (also see § 3.8(B) of this Part).
c.The possession of native mammals is restricted to those institutions identified within § 3.7(C) of this Part, and as exempted per § 3.8 of this Part. Terrestrial mammals considered native either currently or historically to Rhode Island and which possession as pets is prohibited include the following:
(1)American Beaver (Castor canadensis),
(2)American Mink (Neovison vison),
(3)Big Brown Bat (Eptesicus fuscus),
(4)Black Bear (Ursus americana),
(5)Bobcat (Lynx rufus),
(6)Common Muskrat (Ondatra zibethicus),
(7)Eastern Chipmunk (Tamias striatus),
(8)Eastern Cottontail (Sylvilagus floridanus),
(9)Eastern Coyote (Canis latrans),
(10)Eastern Gray Squirrel (Sciurus carolinensis),
(11)Eastern Mole (Scalopus aquaticus),
(12)Eastern Red Bat (Lasiurus borealis),
(13)Fisher (Pekaniapennanti),
(14)Gray Fox (Urocyon cinereoargenteus),
(15)Hairy-tailed Mole (Parascalops breweri),
(16)Hoary Bat (Lasiurus cinereus),
(17)Little Brown Bat (Myotis lucifugus),
(18)Long-tailed Weasel (Mustela frenata),
(19)Masked Shrew (Sorex cinereus),
(20)Meadow Jumping Mouse (Zapus hudsonius),
(21)Meadow Vole (Microtus pennsylvanicus),
(22)Moose (Alces alces),
(23)New England Cottontail (Sylvilagus transitionalis),
(24)Northern Long-eared Bat (Myotis septentrionalis),
(25)Northern short-tailed Shrew (Blarina brevicauda),
(26)Porcupine (Erethizon dorsatum),
(27)Raccoon (Procyon lotor),
(28)Red Fox (Vulpes vulpes),
(29)Red Squirrel (Tamiasciurus hudsonicus),
(30)River Otter (Lontra canadensis),
(31)Short-tailed Weasel (Mustela erminea),
(32)Silver-haired Bat (Lasionycteris noctivagans),
(33)Small-footed Bat (Myotis leibii),
(34)Smoky Shrew (Sorex fumeus),
(35)Snowshoe Hare (Lepus americanus),
(36)Southern Bog Lemming (Synaptomys cooperi),
(37)Southern Flying Squirrel (Glaucomys volans),
(38)Southern Red-backed Vole (Clethrionomys gapperi),
(39)Star-nosed Mole (Condylura cristata),
(40)Striped Skunk (Mephitis mephitis),
(41)Tri-colored Bat (Perimyotis subflavus),
(42)Virginia Opossum (Didelphis virginiana),
(43)Water Shrew (Sorex palustris),
(44)White-footed Mouse (Peromyscus leucopus),
(45)White-tailed Deer (Odocoileus virginianus),
(46)Woodchuck (Marmota monax),
(47)Woodland Jumping Mouse (Napaeozapus insignis),
(48)Woodland Vole (Microtus pinetorum),
(49)Mountain Lion (Felis concolor),
(50)Wolf (Canis lupus).
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Technical Revision — effective from 2022-01-04 to 07/28/2026*
- *Periodic Refile — effective from 2022-01-04 to 01/04/2022*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Amendment — effective from 2017-12-15 to 07/11/2021*
- *Technical Revision — effective from 2016-10-30 to 12/15/2017*
- *Amendment — effective from 2016-10-30 to 10/30/2016*
- *Amendment — effective from 2016-02-25 to 10/30/2016*
- *Amendment — effective from 2010-04-15 to 02/25/2016*
- *Amendment — effective from 2006-11-20 to 02/25/2016*
- *Periodic Refile — effective from 2001-12-31 to 04/15/2010*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2006*
#### **250-RICR-40-05-4** Rules and Regulations Governing Animal Care Facilities
##### **250-RICR-40-05-4 § 4.1** Purpose {#sec-250-ricr-40-05-4-4.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.1}
A.These Rules and Regulations are established to provide minimum standards to govern all licensed or registered animal care facilities. They will serve as standards for the construction and maintenance of such facilities, the care of animals in those facilities, as well as the criteria for inspectors to use when conducting inspections for licensure or in response to a complaint concerning their operation. They must be considered minimum standards that must be maintained.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.2** Authority {#sec-250-ricr-40-05-4-4.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.2}
A.These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, Environmental Management, and R.I. Gen. Laws § 4-19-13 and Chapter 42-35, Administrative Procedures.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.3** Administrative Findings {#sec-250-ricr-40-05-4-4.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.3}
A.The Rhode Island Department of Environmental Management is charged with ensuring the welfare of animals that are kept in kennels, pet shops, pounds, animal shelters, breeding facilities, and in the custody of brokers and rescues. The standards for animal care are constantly improving and evolving. The residents of the state are generally concerned for the welfare of the animals that are kept by these entities and in fact, the Department often receives complaints from concerned individuals that animals are not being properly cared for. These Rules and Regulations will provide minimum standards for the care of animals to ensure the welfare of those animals.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.4** Application {#sec-250-ricr-40-05-4-4.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.4}
A.The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purpose of state law, goals, and policies. These Regulations shall apply to any person or entity that is licensed or registered as a kennel, pet shop, pound, animal shelter, breeder, broker, rescue, or any other entity required to be licensed or registered pursuant to R.I. Gen. Laws Chapter 4-19. Sub-registrants of any entity that is required to be licensed or registered pursuant to R.I. Gen. Laws Chapter 4-19 are also responsible for complying with the provisions of this Part, where specified
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.5** Definitions {#sec-250-ricr-40-05-4-4.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.5}
A.The following words when used in the rules shall have the following meaning:
1."Animal" or "Animals" means any dog or cat, rabbit, rodent, nonhuman primate, bird or other warm-blooded vertebrate, amphibian, fish or reptile but shall not include horses, cattle, sheep, goats, swine, and domestic fowl.
2."Animal care facility" means any facility that is required to be licensed or registered pursuant to the provisions of R.I. Gen. Laws Chapter 4-19.
3."Animal control officer" means any person employed by a city or town as a canine control officer, dog warden, or police officer responsible for animal control delegated authority by the Rhode Island Rabies Control Board.
4."Animal shelter" means a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
5."Authorized agent" means an employee of the Rhode Island Department of Environmental Management who is engaged in the execution of their official duties.
6."Breeder" means a person engaged in the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, a registered cat breed association, or for sale at wholesale or retail, unless otherwise exempted by breeding fewer than three (3) litters per year or produces fewer than twenty (20) individual puppies or kittens for the purpose of sale.
7."Broker" means any third party who arranges, delivers, or otherwise facilitates transfer of ownership of animal(s), through adoption or fostering, from one party to another, whether or not the party receives a fee for providing that service and whether or not the party takes physical possession of the animal(s) at any point.
8.“Dealer” means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate, animals to another dealer, pet shop, or research facility, or who breeds animals for the purpose of selling or donating to another dealer or pet shop or research facility.
9."Department" means the Rhode Island Department of Environmental Management.
10."Enclosure" means the most proximal barrier to an animal that will have the intended purpose or effect of containment of that animal or that will effectively restrict the liberty of the animal.
11."Environmental police officer" means a sworn officer of the Rhode Island Department of Environmental Management, Division of Law Enforcement.
12."Guardian" means a person(s) having the same rights and responsibilities as an owner or keeper, and the terms may be used interchangeably. A guardian shall also mean a person who possesses, has title to or an interest in, harbors or has control, custody or possession of an animal and who is responsible for an animal's safety and well-being.
13."Kennel" means a place or establishment other than a pound, animal shelter, or veterinary hospital that is housing animals during their treatment, where animals not owned by the proprietor are sheltered, fed, and watered in return for a fee.
14."Owner" or "Keeper" means any person or agency keeping, harboring or having charge or control of or responsibility for control of an animal or any person or agency which permits any dog, cat, ferret, or domestic animal to habitually be fed within that person's yard or premises. This term shall not apply to veterinary facilities, any licensed boarding kennel, municipal pound, pet shop, or animal shelter.
15."Pet shop" means a temporary or permanent establishment where animals are bought, sold, exchanged, or offered for sale or exchange to the general public at retail. This shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on their premises and sold from those premises.
16."Pound" means a facility operated by a state, or any political subdivision of a state, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats, and other animals or a facility operated for that purpose under a contract with any municipal corporation or incorporated society for the prevention of cruelty to animals.
17."Records" means information that is kept in a paper or electronic format that is consistent with the information that is required to be kept for animals. The information must be kept in a format and that is readily able to be inspected by anyone authorized to conduct an inspection. All information must be kept in or translated to English prior to being presented to inspectors.
18."Rescue" means an entity, with or without a physical brick and mortar facility which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals intended for adoption.
19."RISPCA" means the Rhode Island Society for the Prevention of Cruelty to Animals.
20."Seized" means the lawful removal of an owned animal from the premises where the animal resided or from the care of an owner or guardian.
21."Seller" means the owner of a pet shop and the owner’s agents, employees, subordinates, volunteers, and workers.
22."Stray" means an animal that is:
a.On the premises of a person other than an owner of the animal, without the consent of an occupant or owner of such premises, or
b.On a public street or highway, on public or private school grounds, or in any other public place, except when under the physical control of an owner.
23."Sub-registrant" means any person or entity that is not licensed or registered, or required to be licensed or registered under this Part, who is providing care for animals that are owned by, or in the custody of, an entity that is licensed or registered, or is required to be licensed or registered, under the authority of this Part. This includes, but is not limited to, people or entities providing foster care for a rescue or shelter.
24."Surrendered" means an animal that has had ownership transferred to a pound, shelter, or rescue by the animal’s owner or guardian, and the owner or guardian has relinquished all ownership rights to the entity that received the animal.
25."USDA" means the United States Department of Agriculture.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.6** Record Keeping {#sec-250-ricr-40-05-4-4.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.6}
A.All of the entities listed below must keep records as described in the specific subsections below. The records must be physically maintained on the premises where the animals are kept (or if the location where the animals are kept is not at the address of the licensed entity, a copy of the records must be kept on the premises where the animals are kept and at the address of the licensed entity), or be able to be accessed from that location during an inspection, or must be able to be accessed by inspectors via an internet reporting system. The records must be produced immediately upon the request of authorized inspectors or agents from the Department; or from the RISPCA pursuant to R.I. Gen. Laws §§ 4-19-15 and 4-25-4; or from the animal control officer with jurisdiction over the municipality where the pet store is located pursuant to R.I. Gen. Laws § 4-25-4. All records required by this Section must be kept and maintained by the licensee or registrant for a period of one (1) year.
B.Record keeping by pet shops and breeders: pet shops and breeders must keep the following records for all dogs and cats offered for sale:
1.The date of the animal's birth, if known; the breeders name and address, if known; and the date the seller received the animal, if not bred by the seller. If the seller does not know the name and address of the breeder, then the seller must provide the name and address of the person who sold or gave the animal to the seller. For dogs and cats this information must be clearly displayed on the enclosure where the animal is being kept.
2.The breed, sex and color of the animal, and identifying marks, if any, existing at the time of sale. If the animal is from a United States Department of Agriculture licensed source, the statement shall contain the individual identifying tag, tattoo or collar number for that animal. If the breed is unknown or mixed, the statement must so indicate.
3.If the animal is being sold as registerable, the names and registration numbers of the sire and dam and the litter number.
4.A record of any inoculations and worming treatments administered to the animal as of the time of sale including dates of administration and the type of vaccine or worming treatment.
5.A record of any diagnosis, treatment or medication received by the animal from a licensed veterinarian while in the possession of the seller or any prior veterinary history of the animal of which the seller may be aware.
C.Record keeping by pounds, shelters, rescues, and brokers: the provisions of R.I. Gen. Laws § 4-19-12 and the provisions of § 1.8 of this Subchapter (250-RICR-40-05-1), all pounds, animal shelters, rescues, and brokers must keep the following records:
1.For animals that are seized or surrendered, reason for seizure (if seized) or surrender (if surrendered), location of seizure (if seized) or impoundment (if stray), the owner's name and address if known and all license or other identification numbers if any.
2.Animal ID shall include the animal’s microchip number (if available), and the animal’s description, to include: name (if named), animal species, approximate age, gender, predominate color, and predominate breed.
3.The source of the animal and the contact information of the source, where known, including the name, physical address, mailing address, and phone number.
4.When disposed of by adoption, the record shall include the adopter’s name, mailing address, physical address, and phone number.
5.When disposed of by any means other than those listed above, the record shall include the details of disposition.
6.An animal shelter, pound, or rescue that receives a cat without an identifiable owner from a source other than an animal control officer and provides the cat an outcome other than sterilization, vaccination, and return to the location where it was found shall, within twenty-four (24) hours of receipt of the cat and for the purpose of pet reunification, provide email notification to animal control (or police department if no animal control officer or department) in the town where the animal was found, trapped, or caught that includes:
a.The address or precise description of the location, including the nearest cross street, where the cat was found, trapped, or caught;
b.The name and contact information for the animal shelter, pound, or rescue that has physical custody of the cat.
c.The date the cat was found, trapped, or caught;
d.A physical description of the cat to include the estimated age, sex, color, eye color, coat length, weight, markings, and microchip number if available;
e.Clear digital photographs of the cat including at least three views: a full body photo from the right, a full body photo from left, and a photo of the face.
f.Nothing in this paragraph shall conflict with the timely and appropriate care of sick or injured animals pursuant to R.I. Gen. Laws §§ 4-1-22 and 4-1-23.
7.An animal shelter, pound, or rescue that receives a cat without an identifiable owner from a source other than an animal control officer and provides the cat an outcome other than sterilization, vaccination, and return to the location where it was found shall require the person or organization surrendering the cat to sign a statement attesting the person found, trapped, or caught the cat on public property or, if on private property other than their own, that the person or organization has the express authority of the private property’s owner, manager, or lawful occupant to trap and remove the cat and the statement must include the name and contact information of the private property’s owner, manager, or lawful occupant. Nothing in this paragraph shall conflict with the timely and appropriate care of sick or injured animals pursuant to R.I. Gen. Laws § 4-1-22 and 4-1-23.
8.Once an animal control agency or police department has received the information specified in paragraph 6, the agency will use its best efforts to make that information available to the public proactively or by request within a reasonable time so that owners of lost or displaced cats can identify the whereabouts of their pets and take steps to reclaim them. If the animal control agency has a website, the information collected in § 4.6(C)(6)(a) through (e) of this Part above must be posted there within 24 hours of receipt of that information.
D.Records to be provided to adoptive owners by rescues, shelters, and pounds:
1.Before the adoption of an animal is finalized, the rescue, pound, or shelter must provide all known records for that animal of any medical diagnoses, medical treatments, and behavioral assessments, including any history of bites, aggressive behavior, and/or known behavioral problems to the prospective new owner(s) so the prospective new owner(s) will be able to make an informed decision whether or not to complete the adoption process.
2.Upon completion of the adoption process, the rescue, pound, or shelter must provide copies of the records described in § 4.6(D)(1) of this Part to the new owner(s) immediately upon completion of that process. These records may be provided in paper or digital format.
E.All registered rescues, shelters, and pounds must provide, to the Department, an accurate and current list of all sub-registrants who are keeping animals under their care within the state of Rhode Island. This list must include the sub-registrants' name, physical address, mailing address if different, and telephone number. This list is to be provided to the Department at the time of initial registration or registration renewal and between June 1 and July 1 following initial registration or renewal.
F.All licensed kennels are required to keep, and provide upon the request of any authorized inspector, all records of providing feed, water, and any administration of medications authorized by the owner as directed by their veterinarian or veterinarian charged with the care of the animal. These records are to include:
1.whether the animal refused to eat any or all of the offered food or drink a sufficient amount of water,
2.any medication that was not administered,
3.any changes in behavior or condition of the animal while being boarded,
4.any injuries or illnesses that presented while being boarded,
5.any communications with the owner related to any unexpected behavioral changes, injuries, or illnesses, and any directives by the owner as a result of discovery of unexpected behavioral changes, injury or illness.
6.All records above must include accurate dates and times. Kennels that exclusively house animals in communal settings and that do not house animals overnight are exempt from the requirement of keeping records of individual animal feed or water intake only. All other requirements for record keeping must be maintained. Kennel operators that use both individual enclosures and communal housing systems must maintain records as described in this Section for the portion of the time that the animals are housed in an individual enclosure.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.7** General Standards {#sec-250-ricr-40-05-4-4.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.7}
A.General Standards applicable for all species. Additional species-specific standards are addressed in § 4.8 of this Part below.
B.The temperature within the animal’s living quarters must be maintained so as to ensure that individual, warm-blooded animals will remain thermo-neutral and comfortable. Cold-blooded animals must be provided with a temperature gradient to allow for proper thermoregulation of the particular species.
C.The ventilation within the animal’s living quarters must be maintained so as to ensure that odors, ammonia, and moisture are kept within levels that will be comfortable and not harmful to the animals living in and people working in the facility. Adequacy of ventilation may be determined subjectively by inspectors or objectively by calculation or other qualitative air quality measurement as appropriate.
D.The drainage within the animal’s living quarters must be maintained so as to ensure that there is no standing water or pooling of urine within any animal enclosure.
E.The sanitation within the animal’s living quarters must be maintained so as to ensure a clean and healthy environment for animals and for personnel. Surfaces must be constructed and maintained in a manner that allows for sufficient cleaning and sanitation as to prevent disease. All animal contact surfaces must be non-porous or be easily disposed of if contaminated or soiled.
F.The lighting within the animal’s living quarters must be maintained so as to ensure a safe working environment for personnel and allow for adequate inspection of all animals. Lighting must also include attention to species requirements for normal photoperiod and spectrum requirements to ensure the health of the individual species.
G.The minimum space requirements within the animal’s living quarters must be maintained so as to provide minimum areas for animals to be able to make normal postural adjustments, maintain comfort, and exhibit normal behavior.
H.The construction and maintenance of facility of the animal’s living quarters must account the animals’ safety as well as the safety of personnel, including assurances that the facility is escape proof.
I.All animals’ living quarters must be maintained such that the animals are maintained free of obvious signs of infectious/contagious diseases, injury, or other conditions detrimental to their health and well-being. A veterinarian must be consulted for any animal with signs that are potentially afflicted with an infectious/contagious disease, or is injured, or is afflicted with another condition that is detrimental to its health and well-being. Such consultation must occur within a timeframe where the afflicted animal’s condition will not worsen and/or the animal will not unduly suffer. Proof of all vaccinations as required by R.I. Gen. Laws must be maintained on premises for review.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.8** Species Specific Standards {#sec-250-ricr-40-05-4-4.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.8}
A.Dogs
1.The temperature within the animal’s living quarters shall be maintained between 45-85 degrees Fahrenheit to be measured at the height at which the animals live. Temperature standards are applicable for dogs whether they are housed indoors or outdoors.
a.If the temperature falls below 45 degrees F for more than four (4) consecutive hours, supplemental heat shall be provided.
b.If the temperature rises above 85 degrees F for more than four (4) consecutive hours, supplemental cooling shall be provided.
2.The ventilation within the animal’s living quarters must be maintained so as to ensure that noxious, contaminated, or harmful odors or fumes are not present in the area where animals are housed. Ventilation shall be draft free and may consist of passive or active systems.
3.Sanitation
a.Urine and feces must be removed at least once daily or more frequently in order to maintain animals in a clean and sanitary manner. An electronic or written history log documenting the time and date at which such duties were accomplished initialed by the staff person who accomplished the task shall be maintained at the facility or be accessible at the facility. This log is to be maintained and subject to inspection for a period of six (6) months.
b.Disinfectants must be used in a manner consistent with label directions and all disinfectants must be approved for use in animal housing.
c.All soiled bedding or other materials/objects that are contaminated with urine or feces must be cleaned or replaced daily. A written history log documenting the time, and date at which such duties were accomplished initialed by the staff person who accomplished the task shall be posted in the room where the animals are housed. This log is to be maintained and subject to inspection for a period of six (6) months.
d.All feeding and watering dishes/bowls/receptacles must be maintained in a clean and sanitary manner. Any such dish/bowl/receptacle that is permanently stained must be replaced.
4.Lighting must be sufficient to allow inspection of all dogs to assess health, sanitation, food, and water.
5.Minimum Space Requirements for Primary Enclosures:
a.A separate primary enclosure must be available for every dog excluding bitches with litters, which can occupy the same primary enclosure.
b.Sufficient space shall be provided to allow animals to turn around freely, exercise normal movements, stand, sit, and lie in a comfortable natural position.
c.The minimum height of the primary enclosure shall be equal to 1.5 times the height of the dog at the shoulder plus six (6) inches or a minimum of eighteen (18) inches.
d.The minimum area of the primary enclosure shall be equal to the length of the dog measured in inches from the tip of the nose to the base of the tail, plus six inches multiplied by the length of the dog measured in inches from the tip of the nose to the base of the tail, plus six (6) inches. (length of dog in inches + 6) X (length of dog in inches + 6) = area.
6.Multiple Dogs Occupying the Same Enclosure:
a.If more than one dog occupies a primary enclosure, floor space will be calculated for the largest dog, with each additional dog needing one half of the minimum space required.
b.Dogs occupying the same enclosure shall be behaviorally compatible.
c.Females in estrus (heat) shall be housed apart from males (unless breeding is intended).
d.Pregnant dogs in whelp or by estimate close to whelping shall be housed in a separate enclosure.
e.Dogs under four (4) months of age shall be housed in a primary enclosure apart from adult dogs other than their mother.
f.Whelping areas shall allow the mother to lie stretched out on her side thus permitting all of the puppies to nurse. A whelping box shall be provided for all pregnant bitches and bitches with puppies. The primary enclosure for bitches with litters shall be large enough to permit the bitch to leave the whelping nest for exercise.
g.Under no circumstances are dogs owned by different owners allowed to be housed together in the same primary enclosure without the expressed written permission of the owners or legal guardians of all dogs to be housed together.
7.Exercise: If multiple dogs are exercised simultaneously in the same area the following conditions must be met:
a.All dogs must be exercised in behaviorally compatible groups. The Department recommends, but does not require, that there are no greater than fifteen (15) behaviorally compatible dogs per attendant when dogs are exercised in a group setting.
b.All dogs must be observed for the entire time that they are being exercised. An adult person who is sufficiently capable of maintaining order and avoiding any conflict between individual dogs must observe dogs that are being exercised together.
c.Each dog must have a minimum area of twenty-four (24) square feet.
8.Safety
a.All enclosures must be escape proof.
b.Dogs must not be allowed to have contact with hazardous materials, objects, fixtures, chemicals, or substances.
c.All enclosures must be constructed and maintained so as to prevent entry of other animals or vermin.
d.Wire mesh floors are permissible provided that the gauge of the wire is sufficient so as to not cause discomfort for the animal, provided that the spacing of the mesh is not so large that the dog’s foot can pass through, and provided that the construction is sturdy enough so that the mesh floor does not sag.
9.Transportation: All standards set forth above that are required to be met for temperature, safety, ventilation, sanitation, and health of dogs while in their living quarters shall apply for dogs while being transported within the state.
10.Prohibited Actions:
a.Contact, by the public or any other animal, with an animal, or the saliva of an animal that is being held for rabies quarantine.
b.Holding an animal for rabies quarantine in a facility that has not received prior approval by the state veterinarian or his/her agent to conduct such rabies quarantine.
c.Possession of a dog for more than fourteen consecutive days that is eligible to be rabies vaccinated but is not currently vaccinated against rabies unless lawfully exempted. (R.I. Gen. Laws Chapter 4-13).
d.Possession of any dog that has been imported into the state in violation of state importation regulations.
11.Exemptions
a.Exemptions from the minimum requirements may be granted for the temporary emergency housing of dogs as authorized by the state veterinarian.
b.Exemptions from the minimum space and exercise requirements may be granted on a case-by-case basis for veterinary medical treatment or as is authorized in writing by a veterinarian licensed to practice within the state of Rhode Island.
B.Cats
1.The temperature within the animal’s living quarters shall be maintained between 45-85 degrees Fahrenheit to be measured at the height that the animals live at. Temperature standards are applicable for cats whether they are housed indoors or outdoors.
a.If the temperature falls below 45 degrees F for more than four (4) consecutive hours, supplemental heat shall be provided.
b.If the temperature rises above 85 degrees F for more than four (4) consecutive hours, supplemental cooling shall be provided.
2.The ventilation within the animal’s living quarters must be maintained so as to ensure that noxious, contaminated, or harmful odors or fumes are not present in the area where animals are housed. Ventilation shall be draft free and may consist of passive or active systems.
3.Sanitation:
a.Urine and feces must be removed at least once daily or more frequently in order to maintain animals in a clean and sanitary manner. An electronic or written history log documenting the time and date at which such duties were accomplished initialed by the staff person who accomplished the task shall be maintained at the facility or be accessible at the facility. This log is to be maintained and subject to inspection for a period of six (6) months.
b.Disinfectants must be used in a manner consistent with label directions and all disinfectants must be approved for use in animal housing.
c.All soiled bedding or other materials/objects that are contaminated with urine or feces must be cleaned or replaced daily. A written history log documenting the time and date at which such duties were accomplished initialed by the staff person who accomplished the task shall be posted in the room where the animals are housed. This log is to be maintained and subject to inspection for a period of six (6) months.
d.All feeding and watering dishes/bowls/receptacles must be maintained in a clean and sanitary manner. Any such dish/bowl/receptacle that is permanently stained must be replaced.
e.All cats and kittens must have access to a litter box or pan. The litter box or pan must contain a suitable litter and be maintained as stated above in § 4.8(B)(3)(a) of this Part.
f.Litter boxes or pans must be a minimum of ten (10) inches by fourteen inches in dimension.
g.A minimum of one litter box or pan must be provided for every three adult cats, or every five weaned/orphaned kittens, if the cats are housed in a manner where multiple cats use the same enclosure. Queens with a litter can share the same litter box.
4.Lighting must be sufficient to allow inspection of all cats to assess health, sanitation, food, and water.
5.Minimum Space Requirements for primary enclosures:
a.Individual cats use following table.
WEIGHT OF CAT
MINIMUM AREA OF CAGE
less than 8 pounds
3 square feet
8 pounds or over
4 square feet
b.Multiple cats may share a primary enclosure if they are compatible and the area of the enclosure is increased by one-half of the minimum area referenced in § 4.8(B)(5)(a) of this Part.
c.Pregnant queens and queens with litters are not to be housed in the same primary enclosure with other cats.
d.Queens with litters (litters of any size) are required to have a minimum area of eight square feet until the kittens reach an age of ten weeks.
e.The minimum height for enclosures for all cats is twenty-two (22) inches.
f.Multiple cats may be kept in colony/common housing provided that:
(1)All cats have an individual primary enclosure available on the premises.
(2)The minimum colony enclosure shall be thirty-six (36) square feet of floor space and a minimum of six (6) feet in height.
(3)Cats must be of compatible behavior and sex (intact sexually mature males and intact sexually mature females should not be allowed in colony housing), and temperament. Kittens (less than six (6) months of age) are not permitted to be housed in a colony with adult cats.
(4)The number of cats allowed into the colony is not to exceed one cat per ten (10) square feet of floor space for adult cats; one cat per seven and one-half (7 1/2) square feet of floor space for kittens (less than six (6) months of age).
6.Safety:
a.Mesh floors are not acceptable for housing of cats.
b.All enclosures must be escape proof.
c.Cats must not be allowed to have contact with hazardous materials, objects, chemicals, fixtures, or substances.
d.All enclosures must prevent the entry of other animals or vermin.
7.Transportation: All standards set forth above that are required to be met for temperature, safety, ventilation, sanitation, and health of cats while in their living quarters shall apply for cats while being transported within the state.
8.Prohibited Actions
a.Contact, by the public or any other animal, with an animal, or the saliva of an animal that is being held for rabies quarantine.
b.Holding an animal for rabies quarantine in a facility that has not received prior approval by the state veterinarian or his/her agent to conduct such rabies quarantine.
c.Possession of a sexually intact cat unless possession is consistent with the provisions of R.I. Gen. Laws Chapter 4-24.
d.Possession of a cat for more than fourteen consecutive days that is eligible to be vaccinated against rabies but is not currently vaccinated. (R.I. Gen. Laws Chapter 4-13).
e.Possession of any cat that has been imported into the state in violation of state importation regulations.
9.Exemptions
a.Exemptions from the minimum requirements may be granted for the temporary emergency housing of cats as authorized by the state veterinarian.
b.Exemptions from the minimum space and exercise requirements may be granted on a case-by-case basis for veterinary medical treatment or as is authorized in writing by a veterinarian licensed to practice within the state of Rhode Island.
C.Rabbits
1.The temperature within the animal’s living quarters shall be maintained between 50-85 degrees Fahrenheit to be measured at the height that the animals live at. Temperature standards are applicable for rabbits whether they are housed indoors or outdoors.
a.If the temperature falls below 50 degrees F for more than two (2) consecutive hours, supplemental heat shall be provided.
b.If the temperature rises above 85 degrees F for more than two (2) consecutive hours, supplemental cooling shall be provided.
2.The ventilation within the animal’s living quarters must be maintained so as to ensure that noxious, contaminated, or harmful odors or fumes are not present in the area where animals are housed. Ventilation shall be draft free and may consist of passive or active systems.
3.Sanitation
a.Urine and feces must be removed at least once daily or more frequently in order to maintain animals in a clean and sanitary manner. An electronic or written history log documenting the time and date at which such duties were accomplished initialed by the staff person who accomplished the task shall be maintained at the facility or be accessible at the facility. This log is to be maintained and subject to inspection for a period of six (6) months.
b.Disinfectants must be used in a manner consistent with label directions and all disinfectants must be approved for use in animal housing.
c.All soiled bedding or other materials/objects that are contaminated with urine or feces must be cleaned or replaced daily. A written history log documenting the time and date at which such duties were accomplished initialed by the staff person who accomplished the task shall be posted in the room where the animals are housed. This log is to be maintained and subject to inspection for a period of six (6) months.
d.All feeding and watering dishes/bowls/receptacles must be maintained in a clean and sanitary manner. Any such dish/bowl/receptacle that is permanently stained must be replaced.
4.Lighting must be sufficient to allow inspection of all rabbits to assess health, sanitation, food, and water.
5.Minimum Space Requirements:
a.For general space requirements for primary enclosures please use the following: (weight is to be measured in pounds; area is to be measured in square feet).
SIZE OF RABBIT
WEIGHT
AREA
Small
< 4.4
2
Medium
4.4-8.8
3
Intermediate
8.8-12
4
Large
>12#
6
b.For general space requirements for does with litters please use the following: (weight is to be measured in pounds; area is to be measured in square feet).
SIZE OF DOE
WEIGHT
AREA
Small
< 4.4
4
Medium
4.4-8.8
5
Intermediate
8.8-12
6
Large
>12#
8
c.The minimum height for all rabbit enclosures shall be fourteen (14) inches or allow the rabbit to stand on hind legs without their head touching the top of the enclosure.
d.A nesting box that is a minimum of eighteen (18) inches length, by eighteen (18) inches width, by eighteen (18) inches height must be provided for all pregnant does and does with litters.
e.Wire mesh floors must not exceed fifty percent (50%) of the entire floor surface of the primary enclosure. The remainder must be a solid surface.
f.Multiple rabbits may be housed together provided that:
(1)They are housed in compatible groups based on size, age, sex, and temperament. Intact sexually mature bucks should only be housed with intact sexually mature does if breeding is desired.
(2)No more than twenty-five (25) rabbits of any age may be housed in the same primary enclosure regardless of the size of the enclosure.
(3)If more than one rabbit occupies a primary enclosure, floor space will be calculated for the largest rabbit, with each additional rabbit needing one half of the minimum floor space required.
6.Safety
a.Wire mesh floors are acceptable for use in rabbit housing provided that the space between the wires that make up the mesh is no greater than one-half (1/2) inch by one-half (1/2) inch, and in no case should allow the foot of a rabbit to pass through it.
b.All enclosures must be escape proof.
c.Rabbits must not be allowed to have contact with hazardous materials, objects, chemicals, fixtures, or substances.
d.All enclosures must prevent the entry of other animals or vermin.
7.Transportation: All standards set forth above that are required to be met for temperature, safety, ventilation, sanitation, and health of rabbits while in their living quarters shall apply for rabbits while being transported within the state.
8.Prohibited Actions:
a.Housing rabbits in the line of sight with carnivores.
b.Use of cedar shavings, rugs, carpets, or clumping cat litter is prohibited for use in the housing of rabbits or as bedding.
c.Retail sale of rabbits for use as pets unless the owner of the rabbits is in possession of a valid pet shop license pursuant to R.I. Gen. Laws Chapter 4-19. Retail sale of rabbits intended to be slaughtered as livestock is permissible without a pet shop license.
d.Use of aquaria for primary enclosures of rabbits is prohibited.
9.Exemptions
a.Exemptions from the minimum requirements may be granted for the temporary emergency housing of rabbits as authorized by the state veterinarian.
b.Exemptions from the minimum space requirements may be granted on a case-by-case basis for veterinary medical treatment or as is authorized in writing by a veterinarian licensed to practice within the state of Rhode Island.
D.Rats and Mice
1.The temperature within the animal’s living quarters shall be maintained between 60-85 degrees Fahrenheit to be measured at the height that the animals live at. Temperature standards are applicable for rats and mice whether they are housed indoors or outdoors.
a.If the temperature falls below 60 degrees F for more than two (2) consecutive hours, supplemental heat shall be provided.
b.If the temperature rises above 85 degrees F for more than two (2) consecutive hours, supplemental cooling shall be provided.
2.The ventilation within the animal’s living quarters must be maintained so as to ensure that noxious, contaminated, or harmful odors or fumes are not present in the area where animals are housed. Ventilation shall be draft free and may consist of passive or active systems.
3.Sanitation
a.Urine and feces must be removed at least once daily or more frequently in order to maintain animals in a clean and sanitary manner. A written history log documenting the time and date at which such duties were accomplished initialed by the staff person who accomplished the task shall be posted on the room where the animals are housed. This log is to be maintained and subject to inspection for a period of six (6) months.
b.Disinfectants must be used in a manner consistent with label directions and all disinfectants must be approved for use in animal housing.
c.All soiled bedding or other materials/objects that are contaminated with urine or feces must be cleaned or replaced daily. An electronic or written history log documenting the time and date at which such duties were accomplished initialed by the staff person who accomplished the task shall be maintained at the facility or be accessible at the facility. This log is to be maintained and subject to inspection for a period of six (6) months.
d.All feeding and watering dishes/bowls/receptacles must be maintained in a clean and sanitary manner. Any such dish/bowl/receptacle that is permanently stained must be replaced.
4.Lighting must be sufficient to allow inspection of all rats/mice to assess health, sanitation, food, and water.
5.Minimum Space Requirements
a.Minimum space requirements for mice is as follows: In no case will the space requirement be less than one (1) sq. foot; the minimum height for mouse enclosures shall be no less than six (6) inches and must allow the mouse to stand in its hind legs without head touching the top of the enclosure.
SIZE of MOUSE
WEIGHT(grams)
# Per Sq. Foot
Small
<18
12
Medium
18-25
8
Large
>25
6
b.Minimum space requirements for rats is as follows: The minimum height of rat enclosures shall be nine (9) inches.
SIZE of RAT
WEIGHT(grams)
Sq. Inches Per Animal
Small
<85
60
Medium
85-175
100
Large
>175
144
6.Safety
a.Wire mesh floors are not permitted for housing rats and mice.
b.All enclosures must be escape proof.
c.All enclosures must prevent entry of other animals and vermin.
7.Transportation: All standards set forth above that are required to be met for temperature, safety, ventilation, sanitation, and health of rats and mice while in their living quarters shall apply for rats and mice while being transported within the state.
8.Prohibited Actions
a.Housing rats and mice in the line of sight of carnivores.
b.Use of cedar shavings, rugs, carpets, or clumping cat litter is prohibited for use in the housing of rats and mice.
c.When live rats and mice are used as feeders for reptiles and other animals, any rat or mouse that is not consumed by the animal within thirty (30) minutes is to be removed from the predator animal’s enclosure and returned to a proper enclosure for the rat or mouse. Upon return to that enclosure the animal must be cared for as defined in the above standards.
E.Hamsters/Gerbils and Guinea Pigs
1.The temperature within the animal’s living quarters shall be maintained between 60-85 degrees Fahrenheit to be measured at the height that the animals live at. Temperature standards are applicable for hamsters, gerbils, and guinea pigs whether they are housed indoors or outdoors.
a.If the temperature falls below 60 degrees F for more than two (2) consecutive hours, supplemental heat shall be provided.
b.If the temperature rises above 85 degrees F for more than two (2) consecutive hours, supplemental cooling shall be provided.
2.The ventilation within the animal’s living quarters must be maintained so as to ensure that noxious, contaminated, or harmful odors or fumes are not present in the area where animals are housed. Ventilation shall be draft free and may consist of passive or active systems.
3.Sanitation:
a.Urine and feces must be removed at least once daily or more frequently in order to maintain animals in a clean and sanitary manner. An electronic or written history documenting the time and date at which such duties were accomplished initialed by the staff person who accomplished the task shall be maintained at the facility or be accessible at the facility. This log is to be maintained and subject to inspection for a period of six (6) months.
b.Disinfectants must be used in a manner consistent with label directions and all disinfectants must be approved for use in animal housing.
c.All soiled bedding or other materials/objects that are contaminated with urine or feces must be cleaned or replaced daily. A written history documenting the time and date at which such duties were accomplished initialed by the staff person who accomplished the task shall be posted on the room where the animals are housed. This log is to be maintained and subject to inspection for a period of six (6) months.
D.All feeding and watering dishes/bowls/receptacles must be maintained in a clean and sanitary manner. Any such dish/bowl/receptacle that is permanently stained must be replaced.
4.Lighting must be sufficient to allow inspection of all hamsters/gerbils/guinea pigs to assess health, sanitation, food, and water.
5.Minimum Space Requirements
a.Minimum space requirements for guinea pigs is as follows: The minimum height of the primary enclosure shall be no less than nine (9) inches.
GUINEA PIG
WEIGHT (grams)
Sq. Inches Per Animal
Small
<175
80
Large
175 or greater
144
Nursing females with litter
Any
144
(1)A pregnant sow or sow with a litter must be housed in accordance with the above referenced standard provided that they are housed in a separate primary enclosure from other guinea pigs.
b.Minimum space requirements for hamsters/gerbils is as follows: In no case less than one (1) Sq. foot
SIZE of HAMSTER/GERBIL
WEIGHT (grams)
# Per Sq. Foot
Small
<60
12
Medium
61-100
8
Large
>100
6
(1)For hamsters the minimum height of the enclosure shall be nine inches.
(2)For gerbils the minimum height of the enclosure shall be six (6) inches.
(3)Pregnant hamsters and gerbils and/or hamsters and gerbils with a litter must be housed in accordance with the above referenced standard provided that they are housed in a separate primary enclosure from other hamsters and/or gerbils.
6.Safety
a.Cedar shavings shall not be used in or around guinea pig enclosures.
b.Wire mesh floors are not permitted for housing hamsters/gerbils or guinea pigs.
c.All enclosures must be escape proof.
d.All enclosures must prevent entry of other animals and vermin.
7.Transportation: All standards set forth above that are required to be met for temperature, safety, ventilation, sanitation, and health of hamsters, gerbils and guinea pigs while in their living quarters shall apply for hamsters, gerbils and guinea pigs while being transported within the state.
8.Prohibited Actions
a.Housing hamsters, gerbils and guinea pigs in the line of sight of carnivores.
b.Use of cedar shavings, rugs, carpets, or clumping cat litter is prohibited for use in the housing of hamsters, gerbils and guinea or as bedding.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.9** Applications for Licenses or Certificates of Registration to Operate an Animal Care Facility {#sec-250-ricr-40-05-4-4.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.9}
A.Any municipality wishing to operate a pound may apply for a certificate of registration pursuant to R.I. Gen. Laws § 4-19-3, Registration of Municipal Dog Pounds. The issuance of a certificate of registration authorizes the operation of a pound. Pound licenses expire annually on December 31. Applications must be made by submitting the appropriate form to the Rhode Island state veterinarian on form(s) provided by the office of the Rhode Island state veterinarian.
B.Any applicant wishing to operate an animal shelter may apply for a certificate of registration pursuant to R.I. Gen. Laws § 4-19-4, Registration of Animal Shelters. The issuance of a certificate of registration authorizes the operation of an animal shelter. Animal shelter licenses expire annually on December 31. Applications must be made by submitting the appropriate form to the Rhode Island state veterinarian on form(s) provided by the office of the Rhode Island state veterinarian.
C.An applicant wishing to operate a pet shop may apply for a license pursuant to R.I. Gen. Laws § 4-19-5, Pet Shop Licenses. The issuance of a pet shop license authorizes the operation of a pet shop. Pet shop licenses expire at the end of the fiscal year, June 30. Applications must be made by submitting the appropriate form to the Rhode Island state veterinarian on form(s) provided by the office of the Rhode Island state veterinarian.
D.An applicant wishing to operate as a breeder may apply for a license pursuant to R.I. Gen. Laws § 4-19-5.1, Breeder Licenses. The issuance of a breeder license authorizes the operation of a facility as a breeder. Breeder licenses expire at the end of the fiscal year, June 30. Applications must be made by submitting the appropriate form to the Rhode Island state veterinarian on form(s) provided by the office of the Rhode Island state veterinarian.
E.An applicant wishing to operate as a dealer may apply for a license pursuant to R.I. Gen. Laws § 4-19-7, Dealer Licenses. The issuance of a dealer license authorizes the operation of a facility as a dealer. Dealer licenses expire at the end of the fiscal year, June 30. Applications must be made by submitting the appropriate form to the Rhode Island state veterinarian on form(s) provided by the office of the Rhode Island state veterinarian.
F.An applicant wishing to operate a kennel may apply for a license pursuant to R.I. Gen. Laws § 4-19-6, Public Auction and Kennel Licenses. The issuance of a kennel license authorizes the operation of a kennel. Kennel licenses expire at the end of the fiscal year, June 30. Applications must be made by submitting the appropriate form to the Rhode Island state veterinarian on form(s) provided by the office of the Rhode Island state veterinarian.
G.Any applicant wishing to operate as an animal rescue, broker, or transporter may apply for a certificate of registration pursuant to § 1.8 of this Subchapter, Rules and Regulations Governing the Importation of Animals. The issuance of a certificate of registration authorizes operation as an animal rescue, broker, or transporter as designated. Certificates of registration expire annually on December 31. Applications must be made by submitting the appropriate form to the Rhode Island state veterinarian on form(s) provided by the office of the Rhode Island state veterinarian.
H.All applications listed in §§ 4.9(A) through (G) of this Part shall be on forms provided by the office of the Rhode Island state veterinarian. The applicant shall identify the intended purpose of seeking the appropriate license or certificate, the proposed operational plan for the facility if approved, copies of any applicable state and federal licenses, any municipal approvals that may have been granted for the operation of the proposed facility, and the location and dates upon which the proposed facility is available for inspection by the Rhode Island state veterinary and/or his/her staff.
I.All licensed or registered entities are prohibited from operating other than in strict compliance with the conditions as set forth in its operational plan. Any proposed changes to the operations of these entities must be approved by the office of the Rhode Island state veterinarian in writing before operations can be changed. All proposed changes must be submitted in writing to the office of the Rhode Island state veterinarian.
J.The license or certificate of registration is only valid for the owner to whom it is issued. The transfer of ownership of the subject facility voids said facility’s license or certificate of registration unless prior written approval for the transfer of said license or certificate is obtained through the submittal of an application the Rhode Island state veterinarian is approved.
K.The license or certificate of registration is only valid for the location as stated on the license. The change of location of the subject facility immediately voids said facility’s license or certificate of registration.
L.It shall be unlawful for any person to operate any animal care facility licensed or registered pursuant to this Part on an expired license or on an expired license application unless the Department receives a renewal application no greater than ninety (90) days after the expiration of the license or certificate of registration. All such renewal applications must be postmarked, emailed, faxed, or hand delivered no greater than ninety (90) days after the expiration date listed on the most recent license or certificate of registration. Any application received after the ninety (90) day grace period for renewal will require the applicant to submit an application for a new license or certificate of registration, not a renewal of the previous license or certificate of registration.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.10** Denial, Suspension or Revocation of Licenses or Certificates of Registration {#sec-250-ricr-40-05-4-4.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.10}
A.In addition to other penalties provided by law or other rule or Regulation that are provided below pursuant to § 4.12 of this Part, any operator of an animal care facility who violates the provisions of these Rules and Regulations or any order issued by the Director shall be subject to suspension, revocation or denial of his/her license or certificate of registration in accordance with R.I. Gen. Laws Chapter 42-17.7.
B.The Director may deny renewal of the license or certificate of registration of any operator of an animal care facility for the violation of the provisions of these Rules and Regulations or any order issued by the Director during a prior license or certificate of registration period.
C.The Director may suspend, revoke or deny issuance of a license or certificate of registration to operate an animal care facility upon a finding that the business of the license or certificate of registration holder or applicant is owned, managed or operated, in whole or in part, by a person, firm, association or corporation whose license or certificate of registration to operate an animal care facility has been suspended, revoked or denied on account of noncompliance with these Regulations.
D.The Director may suspend, revoke or deny issuance of a license or certificate of registration to operate an animal care facility upon a finding that the business of the license or certificate of registration holder or applicant is owned, managed or operated, in whole or in part, by a person, firm, association or corporation whose permit, license or certificate of registration to operate an animal care facility has been suspended, revoked or denied in another state.
E.Penalties --The following penalties shall apply to violations of these regulations: In addition to the penalty described in § 4.12 of this Part, the license or certificate of registration to operate an animal care facility of any person who violates any of the terms of Rules and Regulations may have his/her license or certificate of registration suspended by the Director for a period of up to thirty (30) days for a first offense, up to ninety (90) days for a second offense, up to three hundred sixty-five (365) days for a third offense, and revocation for a fourth offense.
F.Other Requirements -- Operators and their sub-registrants subject to these Rules and Regulations are also responsible for complying with other applicable state, local and federal laws, ordinances and regulations, including Department of Health and USDA laws and regulations relating to animal care facilities.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.11** Administrative Appeals {#sec-250-ricr-40-05-4-4.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.11}
A.Denial of a license or certificate of registration: Persons denied the issuance or renewal of a license or certificate of registration or the reissuance of a license or certificate of registration to operate an animal care facility may request an appeal as provided by R.I. Gen. Laws Chapter 42-17.7 and pursuant to Part 10-00-1 of this Title (“Rules and Regulations for the Administrative Adjudication Division”), by presenting a written request for a hearing within thirty (30) days of the applicant’s receipt of the denial. The written request must be presented to the clerk of the Administrative Adjudication Division, 235 Promenade Street, Room 350, Providence, RI 02908.
B.Enforcement action: Any person adversely affected by a decision of the Director for an enforcement action pursuant to these Regulations may file and appeal in accordance with R.I. Gen. Laws Chapter 42-17.7 and Part 10-00-1 of this Title (“Rules and Regulations for the Administrative Adjudication Division”) by presenting a written request for a hearing within twenty (20) days of the applicant’s receipt of the notice of the enforcement action. The written request must be presented to the clerk of the Administrative Adjudication Division, 235 Promenade Street, Room 350, Providence, RI 02908.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.12** Violations {#sec-250-ricr-40-05-4-4.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.12}
A.Any person, firm or corporation who violates any provision of these Regulations shall be subject, to an administrative penalty of five hundred dollars ($500.00) for the first violation and not to exceed one thousand dollars ($1000.00) for the second violation and any subsequent violations. Any violations of these Regulations may result in the seizure of animals by the Department and/or the initiation of actions for the suspension or revocation of any license and/or certificate of registration previously issued by the Department. Each day for which the violation persists without remedy shall constitute a separate violation.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
##### **250-RICR-40-05-4 § 4.13** Enforcement {#sec-250-ricr-40-05-4-4.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-4#4.13}
A.Any employee of the Department of Environmental Management, Divisions of Agriculture, Fish and Wildlife, and Law Enforcement is empowered and authorized to enforce any of the provisions in these Rules and Regulations.
**History**
- *Amendment — effective from 2026-08-11 to current*
- *Technical Revision — effective from 2023-04-24 to 08/11/2026*
- *Amendment — effective from 2023-04-24 to 04/24/2023*
- *Periodic Refile — effective from 2022-01-04 to 04/24/2023*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 01/30/2020*
- *Technical Revision — effective from 2016-06-20 to 02/07/2018*
- *Technical Revision — effective from 2016-06-20 to 06/20/2016*
- *Amendment — effective from 2016-06-20 to 06/20/2016*
- *Adoption — effective from 2015-10-08 to 06/20/2016*
#### **250-RICR-40-05-5** Rules and Regulations Governing Livestock Welfare
##### **250-RICR-40-05-5 § 5.1** Purpose {#sec-250-ricr-40-05-5-5.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-5#5.1}
The purpose of this document is to provide minimum standards for the humane treatment and care of livestock with the State of Rhode Island.
**History**
- *Amendment — effective from 2023-01-19 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/19/2023*
- *Technical Revision — effective from 2016-12-13 to 01/04/2022*
- *Technical Revision — effective from 2016-12-13 to 12/13/2016*
- *Adoption — effective from 2016-12-13 to 12/13/2016*
##### **250-RICR-40-05-5 § 5.2** Authority {#sec-250-ricr-40-05-5-5.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-5#5.2}
These Rules and Regulations are promulgated pursuant to the authority of R.I. Gen. Laws §§ 42-17.1-2(19) and 42-17.1-4(3), and in accordance with the procedures set forth in the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35. These Rules and Regulations are also promulgated with the advice and consent of the Rhode Island Livestock and Welfare Standards Advisory Council pursuant to R.I. Gen. Laws §§ 4-26-5(1), 4-26-5(3) and 4-26-3(7) of The Rhode Island Livestock and Welfare Standards Advisory Council Act of 2012.
**History**
- *Amendment — effective from 2023-01-19 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/19/2023*
- *Technical Revision — effective from 2016-12-13 to 01/04/2022*
- *Technical Revision — effective from 2016-12-13 to 12/13/2016*
- *Adoption — effective from 2016-12-13 to 12/13/2016*
##### **250-RICR-40-05-5 § 5.3** Applicability {#sec-250-ricr-40-05-5-5.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-5#5.3}
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purpose of state law, goals, and policies. These Rules and Regulations shall apply to any person or entity that keeps, owns, holds, possesses, transports, or houses livestock within the state.
**History**
- *Amendment — effective from 2023-01-19 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/19/2023*
- *Technical Revision — effective from 2016-12-13 to 01/04/2022*
- *Technical Revision — effective from 2016-12-13 to 12/13/2016*
- *Adoption — effective from 2016-12-13 to 12/13/2016*
##### **250-RICR-40-05-5 § 5.4** Severability {#sec-250-ricr-40-05-5-5.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-5#5.4}
If any provision of these Rules and Regulations, or 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.
**History**
- *Amendment — effective from 2023-01-19 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/19/2023*
- *Technical Revision — effective from 2016-12-13 to 01/04/2022*
- *Technical Revision — effective from 2016-12-13 to 12/13/2016*
- *Adoption — effective from 2016-12-13 to 12/13/2016*
##### **250-RICR-40-05-5 § 5.5** Administrative Findings {#sec-250-ricr-40-05-5-5.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-5#5.5}
The Department finds that the citizens of the state are generally concerned with the welfare of all animals within the state. The Department also finds that the citizens of the state generally favor the development of an administrative process for the Department to ensure the welfare of the animals within the state. The Department promulgated Rules and Regulations governing animal care facilities in 2015 to address the welfare of pet type animals being kept in commercial facilities. However, there is a lack of administrative oversight related to the minimum standards of care for livestock; animals that are also kept for commercial purposes. Therefore, the Department seeks to establish minimum care standards for livestock within the state consistent with the recommendation received by the Department from the Rhode Island Livestock and Welfare Standards Advisory Council. These Rules and Regulations will serve as guidance for animal caretakers as well as a means of enforcement to ensure that livestock species are being properly cared for.
**History**
- *Amendment — effective from 2023-01-19 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/19/2023*
- *Technical Revision — effective from 2016-12-13 to 01/04/2022*
- *Technical Revision — effective from 2016-12-13 to 12/13/2016*
- *Adoption — effective from 2016-12-13 to 12/13/2016*
##### **250-RICR-40-05-5 § 5.6** Definitions {#sec-250-ricr-40-05-5-5.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-5#5.6}
A.Wherever used in these Rules and Regulations the following terms should be construed as follows:
1.“Ambulatory disabled” means livestock capable of walking but with a physical impairment that severely limits or threatens their ability to walk.
2.“Body condition” means the range from emaciated to obese and is useful to assess the adequacy of the nutritional program and health status of an animal by evaluating the animal’s body fat and/or muscle mass in relationship to its skeletal dimension and its stage of production.
3.“Breeding/gestation stall” means any configuration in which a mature porcine animal is continuously housed, that does not allow it to turn around and freely enter or exit. This term does not apply to farrowing crates or stalls.
4.“Breeders” means livestock raised to perpetuate progeny.
5.“Broilers” means chickens raised for meat.
6.“Cage-free housing system” means a housing system where the egg laying hens are not exclusively housed in a cage. This includes, but is not limited to free-range pasture, aviaries, fixed houses, portable houses, pasture pens, and integrated systems.
7.“Cage housing systems” means one of the following egg laying hen housing systems:
a.“Conventional battery cage system” means a housing system in an enclosed or open-sided building where the layer is maintained in a cage, and which meets the conditions set forth in § 5.8(F)(3)(f) of this Part; and,
b.“Enriched cage system” means a housing system that provides features in addition to feed and water, such as areas for nesting, scratching, perching and/or dust bathing.
8.“Conditioning” means the trimming of the beak or the partial/complete removal of the snood, comb, toenail, and dewclaw for the purpose of prevention of injury during the growth or maturity of poultry.
9.“Conditioning fighting teeth” means the partial/complete removal of the fighting teeth of camelids above the gum line for the purpose of preventing injury.
10.“Distress” means the condition that occurs when livestock are injured, sick, or in pain.
11.“Equine” means horses, ponies, mules and donkeys.
12.“Euthanasia” means the causing of humane death, through the rapid loss of consciousness followed by cardiac and respiratory arrest and the ultimate loss of brain function.
13.“Existing facility” means all buildings or structures that currently house livestock utilizing any housing system as of the effective date of the standards.
14.“Extralabel drug use” or "ELDU" means the use of an approved drug in a manner that is not in accordance with the approved labeling, yet meets the conditions set forth by the Animal Medicinal Drug Use Clarification Act of 1994 (AMDUCA) and the United States Food and Drug Administration (FDA) and a Valid-Veterinary-Client-Patient-Relationship (VCPR) is required.
15.“Farrowing crate” or “farrowing stall” means an enclosure in which a pregnant porcine animal is placed in the peri-parturient period until the weaning of the piglets.
16.“Fatigued swine” means swine that have temporarily lost the ability to walk but have a reasonable expectation to recover full locomotion with rest.
17.“Fighting teeth” means up to three teeth on either side of the mouth (six teeth maximum) which include only the upper incisor (most forward upper tooth) and the upper and lower canine teeth.
18.“Housing” means the physical area or location which is occupied by livestock.
19.“Humane” means the care and handling of livestock that seeks to minimize distress through utilization of the standards established by this document.
20“Layers" or "egg laying hens” means female chickens that have reached sexual maturity as demonstrated by egg production.
21."Livestock" means any bovine, equine, caprine, ovine, camelid, swine, poultry, or other animal that is raised for production of food or fiber, or is used for work, commerce, or exhibition; excluding canines, felines, reptiles, amphibians, fish, rodents, and rabbits, except those rabbits that are raised for food or fiber.
22.“Management” means practices and procedures performed on livestock for the purpose of achieving production goals. Such practices and procedures include, but are not limited to breeding, weaning, sorting, culling, relocating, assessing, administration of vaccines, castration, dehorning, and identification.
23.“Non-ambulatory disabled” means livestock that cannot rise from a recumbent position or that cannot walk.
24.“Pain” means an unpleasant physical sensation occurring in varying degrees of severity as consequence of injury, disease or from a medical or management procedure.
25.“Pain management” means the use of medications by or under the direction of a Rhode Island licensed veterinarian for the mitigation of pain during and following any management procedure that results in pain.
26.“Poultry flock” means a grouping of more than one poultry animal, which may be raised for egg production, meat, and/or breeders.
27.“Poultry” means turkeys, chickens, ducks, geese, or other fowl, both male and female, including layers, broilers and turkeys.
28.“Pullet” means young female chickens prior to sexual maturity.
29.“Quality assurance" means steps taken by the responsible party to ensure safe, wholesome and high quality products.
30.“Responsible party” means a person of legal age who is the owner of the livestock and/or a person who has current responsibility or custody of the livestock.
31.“Restraint” means the use of physical or chemical means that temporarily render an animal unable to freely move, and that are used for the purpose of capture or as an aid in the performance of acceptable management, husbandry, or veterinary procedures.
32.“Slaughter” means the killing of animals for the purpose of consuming the animal as food or animal feed. Slaughter is distinctly different from euthanasia. Slaughter must be conducted in compliance with R.I. Gen. Laws § 4-17-1 et seq. entitled Humane Slaughter of Livestock, and all applicable federal regulations.
33.“Veal” means a young bovine animal sold for slaughter at or under 750 pounds, and raised for the purpose of veal meat production including:
a."Special fed veal" means calves that are fed a milk-based liquid diet throughout the feeding period;
b."Grain fed veal" means calves that are raised on a feed program beginning with a milk-based liquid diet and may include hay, pasture or other processed feeds; and,
c."Bob veal" means calves that are fed a milk-based liquid diet and generally marketed at less than three weeks old and weighing less than 150 pounds.
34."Veterinarian/client/patient relationship" means a relationship where all of the following conditions have been met:
a.The veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal or animals and the need for medical treatment, and the client has agreed to follow the instructions of the veterinarian.
b.The veterinarian has sufficient knowledge of the animal or animals to initiate at least a general or preliminary (e.g. tentative) diagnosis of the medical condition of the animal or animals. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal or animals, and/or by medically appropriate and timely visits to the premises where the animal or animals are kept.
c.The veterinarian is readily available for follow-up in cases of adverse reactions or failure of the regimen of therapy.
**History**
- *Amendment — effective from 2023-01-19 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/19/2023*
- *Technical Revision — effective from 2016-12-13 to 01/04/2022*
- *Technical Revision — effective from 2016-12-13 to 12/13/2016*
- *Adoption — effective from 2016-12-13 to 12/13/2016*
##### **250-RICR-40-05-5 § 5.7** General Requirements {#sec-250-ricr-40-05-5-5.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-5#5.7}
A.The general requirements for the care and welfare of all types of livestock as well as specific types of livestock as listed below. The general requirements are as follows:
1.Feed and water. Livestock must receive feed and water of sufficient quantity and quality on a regular basis so as to help ensure maintenance of normal body condition and/or growth.
2.Management
a.Livestock housing, handling facilities and equipment must be designed and maintained so as to minimize bruising, escape and injury.
b.When using handling, sorting or other devices to move livestock or for initial diagnostic evaluation, the devices must be used humanely. Use of such devices must be restricted to the minimal amount of use to move the livestock and they must be used in a manner to minimize pain and excitement of the animal(s), and must not cause injury to the animal(s).
c.When restraint of livestock is required, it must be minimal in degree and duration, and it must minimize the potential for injury.
d.Only hand held battery-operated electric prods of 50 volts or less can be used to facilitate movement of livestock as described in § 5.7(A)(2)(b) of this Part. Electric prods must not be used:
(1)On poultry;
(2)On alpacas, llamas and equine, unless by or under the order of a Rhode Island licensed veterinarian;
(3)On calves less than 200 pounds of body weight;
(4)On swine less than 35 pounds of body weight;
(5)In sensitive areas including the eyes, ears, nose, vulva, anus, udder, or testicles; and,
(6)On non-ambulatory disabled livestock, unless by or under the order of a Rhode Island licensed veterinarian.
e.The responsible party shall not maliciously or recklessly throw, drop, or drag livestock. If the animal’s position does not permit lifting or another method of movement, dragging an ambulatory disabled or non-ambulatory disabled livestock the minimum distance to allow movement by another method is permitted.
f.The responsible party must not pick up and/or carry livestock by the ears and tails or pull legs in positions or directions which would cause distress.
g.Livestock Management Procedures must be performed humanely.
h.Environmental management must be conducted to control parasite infestations and reasonably minimize insect and vermin infestations.
i.All housing systems must provide reasonable protection from predators to reduce injury and mortality to livestock and poultry.
j.All housing systems must provide sufficient dry space for all animals to be able to stand to avoid prolonged exposure to water, mud or manure.
3.Euthanasia. Euthanasia of livestock must be performed under the conditions and using the approved methods as described in the most current published version of AVMA Guidelines for the Euthanasia of Animals.
a.Euthanasia for animals must be performed when the likelihood for recovery is poor and the condition cannot be effectively relieved by best species management and medically appropriate procedures. Upon making the decision to euthanize an animal, euthanasia must be performed promptly to minimize the unnecessary pain and suffering of the animal.
b.Disposal of animals after confirmation of death must be performed in accordance with all applicable state and municipal codes.
4.Mass Euthanasia or Depopulation. For unusual conditions which require euthanasia of populations, such as wide spread disease eradication and exigent circumstances resulting from natural disasters, the Director of the Department of Environmental Management may authorize methods of euthanasia or depopulation that are not described in the most current published version of AVMA Guidelines for the Euthanasia of Animals. Any person seeking to use alternate methods of euthanasia or depopulation must receive prior written approval by the Director of the Department of Environmental Management. The alternate methods must minimize animal pain and suffering to the extent reasonably possible while considering the threat to human health, human safety, and the hazards of failing to promptly euthanize or depopulate affected animals.
5.Health
a.Prescription and extra-label medications must only be obtained and administered to livestock with the advice and involvement of a licensed veterinarian in the context of a valid Veterinary-Client-Patient-Relationship (VCPR).
b.When medication is indicated for livestock, label instructions for route of administration, dosage, storage and withdrawal times must be followed.
c.Routine use of commercially available USDA licensed vaccines, and commercially available anthelmintics are considered normal husbandry practices under R.I. Gen. Laws § 5-25-7(b)(9).
d.All practices and procedures pertaining to health/medical treatment of livestock must be done humanely.
e.Livestock must be monitored regularly for evidence of disease, injury, and parasites and corrective measures must be taken when evidence is found.
f.The responsible party must be able to, as required by the condition of the animal, separate sick animals from healthy livestock.
g.Dead livestock must be properly disposed of in accordance with all local ordinances, state and federal regulations.
6.Transportation
a.The transport driver becomes the responsible party during transit.
b.The responsible party makes the final decision in determining the fitness for livestock loading, transport and the load density. The density of a load shall be determined by the need to minimize injury and must allow fallen animals to rise.
c.Handling of livestock during loading, unloading and transport must be done humanely.
d.Ramps, chutes and other means of conveyance used for transporting livestock must be constructed to provide adequate footing to minimize slips, falls and escapes.
e.Livestock must be able to stand in their natural position without touching the top of the transport conveyance.
f.During transit, livestock must be suitably protected from adverse weather conditions.
g.Transporters are required to stop every 28 hours, unload, and provide livestock with food, water and rest for at least five consecutive hours, unless the transportation vehicle allows the livestock to lie down and rest and have access to feed and water.
**History**
- *Amendment — effective from 2023-01-19 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/19/2023*
- *Technical Revision — effective from 2016-12-13 to 01/04/2022*
- *Technical Revision — effective from 2016-12-13 to 12/13/2016*
- *Adoption — effective from 2016-12-13 to 12/13/2016*
##### **250-RICR-40-05-5 § 5.8** Specific Requirements {#sec-250-ricr-40-05-5-5.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-5#5.8}
A.Disabled livestock: The following standards apply to disabled and non-ambulatory livestock.
1.Feed and water. Ambulatory disabled, non-ambulatory disabled or distressed livestock must have appropriate access to water and feed. Water must be offered to non-ambulatory disabled livestock at intervals not to exceed 8 hours. If an animal has been non-ambulatory for 24 hours feed must be offered at that time and at intervals not to exceed 12 hours.
2.Management
a.The responsible party for ambulatory disabled, non-ambulatory disabled, or distressed livestock, as required by the condition of the animal must provide appropriate protection from other livestock, predators and adverse weather conditions.
b.Handling and moving of ambulatory disabled, non-ambulatory disabled or distressed livestock must be done in a humane manner.
3.Health
a.Ambulatory disabled livestock must be:
(1)Monitored for needed treatment and pain management when necessary and that treatment must be promptly provided to minimize unnecessary pain or suffering; or,
(2)Transported for treatment or sale; or,
(3)Transported directly to an inspected slaughter plant or a state custom exempt slaughter plant; or,
(4)Slaughtered on the farm using an acceptable method of euthanasia; or,
(5)Euthanized using an acceptable method of euthanasia.
b.Non-ambulatory disabled livestock must be:
(1)Cared for and provided feed and water; and,
(2)Provided necessary treatment and pain management when necessary; or,
(3)Transported for treatment; or,
(4)Slaughtered on the farm using an acceptable method of euthanasia; or,
(5)Except for cattle, transported to an inspected slaughter plant or a state custom exempt slaughter plant; or,
(6)Euthanized using an acceptable method of euthanasia if the animal is in distress and the condition is irreversible.
c.If ambulatory disabled, non-ambulatory disabled, or distressed livestock are at a non-terminal market or a collection facility, and there is no option for immediate sale, then one or more of the following actions must be taken:
(1)Fatigued swine may be allowed to rest up to two hours to recover and may receive cooling or other treatments that do not leave any drug residues. Swine that do not recover within two hours are considered non-ambulatory disabled livestock, and must be euthanized.
(2)Calves that are unable to rise from a recumbent position and walk because they are tired or cold may be held for treatment. A calf that is unable to rise or has been provided an intervention treatment and is still not able to rise is considered non-ambulatory disabled livestock and must euthanized.
(3)Cattle that become non-ambulatory disabled during transport must be euthanized or provided appropriate veterinary care and pain management.
d.The responsible party, excluding third party transporters, must maintain records of treatments, medications and withdrawal times for ambulatory disabled, non-ambulatory disabled and distressed livestock.
e.Livestock observed to be emaciated following documented intervention strategies of additional care, additional feed resources, or treatment without observable improvement in body condition must be:
(1)Marketed through appropriate channels;
(2)Transported directly to an inspected slaughter plant or a state custom exempt slaughter plant;
(3)Slaughtered by using an acceptable method of euthanasia; or,
(4)Euthanized using an acceptable method.
f.Transportation. Non-ambulatory disabled livestock must not be loaded for transport to a non-terminal market or a collection facility.
B.Bovine-Veal
1.Feed and Water
a.All newborn calves must be fed colostrum, or a colostrum replacement, within the first 24 hours of life. Colostrum must be of sufficient quantity and quality to reasonably protect the health of the calf.
b.Veal calves must receive feed and water of sufficient quantity and quality on a daily basis so as to help ensure growth and maintenance of normal body condition for the breed of animal.
c.Drinking water and water for feed mixtures must be drinkable, fresh, and free from harmful contamination.
d.If not provided ad-libitum access, special fed and bob veal calves must be fed two or more times per day following a regular routine.
e.The responsible party must provide assistance for any veal calf unable to feed or drink on its own accord.
f.The responsible party on all farms that house special fed and bob veal calves must have access to hot water for the purpose of sanitation and mixing milk-based liquid diet or milk replacer.
g.The responsible party must provide clean feed storage areas and have adequate storage space for different classes of feed.
h.All liquid mixing equipment must be inspected daily and properly cleaned and maintained.
2.Management
a.Housing must provide a clean and safe environment that promotes the health, welfare and performance of veal calves at all stages of their lives.
b.Lighting must be adequate to observe all calves during inspection; and if natural light is not available, artificial light must be provided for eight hours in every 24 hour period of sufficient intensity that calves can observe each other.
c.Individual pens for veal calves must be in compliance with R.I. Gen. Laws § 4-1.1-1 et seq. and must allow for quality air circulation, permit opportunity for socialization between veal calves, with consideration given to ensuring the calf’s health is maintained, allow the calves to stand without impediment, provide for normal resting postures, groom, eat, turn around, lie down and rest;
d.Group pens for veal must be in compliance with R.I. Gen. Laws § 4-1.1-1 et seq.
(1)Must allow for quality air circulation, permit opportunity for socialization between veal calves, with consideration given to ensuring the calf’s health is maintained, allow the calves to stand without impediment, provide for normal resting postures, groom, eat, turn around, lie down and rest;
(2)A maximum of two veal calves in an area of a minimum of 14 square feet per veal calf;
(3)Calves of substantially different sizes must be separated from one another; and,
(4)Veal calves must be monitored on a daily basis for naval and cross sucking and be provided with intervention, such as movement to individual pens.
e.Tethering of veal calves may be used under the following conditions pursuant to R.I. Gen. Laws § 4-1.1-4:
(1)During medical research.
(2)Temporary confinement prior to and during examination, testing, individual treatment or operation for veterinary purposes.
(3)During transportation.
(4)During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar exhibitions or educational programs.
(5)During temporary confinement for animal husbandry purposes for no more than six (6) hours in any twenty-four (24) hour period unless ordered by a licensed veterinarian.
(6)During the humane slaughter of a veal calf in accordance with the provisions of R.I. Gen. Laws Chapter 4-17, and other applicable laws and regulations.
(7)To calves being trained to exhibit.
(8)To calves being trained to accept routine confinement in dairy and beef housing.
C.Bovine-Dairy
1.Feed and water. All newborn calves must be fed colostrum, or a colostrum replacement within the first 24 hours of life. Colostrum must be of sufficient quantity and quality to reasonably protect the health of the calf.
2.Management. The following livestock management procedures are acceptable and, if performed, must be performed in a humane manner.
a.Horn removal. Disbudding prior to eruption of the horn is permissible without pain management; for dehorning after eruption, pain management must be used;
b.Castration of cattle that are older than 5 months of age requires pain management;
c.Hoof trimming must occur at intervals to prevent excessive hoof growth, excessive chipping, or lameness.
d.Pursuant to R.I. Gen. Laws § 4-1-6.1, tail docking is prohibited unless otherwise allowed under R.I. Gen. Laws § 4-1-6.1(b) and the following:
(1)The animal has been adequately anesthetized to minimize the animal's pain and suffering during the treatment or operation.
(2)The procedure is performed by a licensed veterinarian.
(3)The procedure is done in a way that minimizes the long-term pain and suffering resulting from the procedure.
(4)The veterinarian uses suitable instruments.
(5)The procedure is done under hygienic conditions.
(6)The procedure is considered medically necessary.
3.All dairy cattle housing must meet the following requirements:
a.Must provide a clean and safe environment that promotes the health, welfare and performance of dairy cattle at all stages of their lives;
b.Must provide access to facilities or natural features that provide reasonable protection from adverse weather conditions and predators;
c.Enclosures, including fencing, must be designed and maintained so as to minimize bruising, escape and injury and provide for the safety of humans and other animals; and,
d.Light intensity must be adequate for observation during inspection.
4.Maternity/calf indoor housing must meet the following requirements:
a.Maternity areas must be clean, dry, well ventilated and the light intensity adequate for observation;
b.In maternity areas, there must be sufficient space to enable cows to separate themselves from other animals during labor; and,
c.Calves must be housed in a clean, dry area with space to stand, lie down, turn around and be protected from adverse weather.
5.Cow/Heifer indoor housing must meet the following requirements:
a.Housing must be designed and maintained in a manner which:
(1)Seeks to minimize the effects of adverse weather; and,
(2)Provides ventilation to reduce concentrations of ammonia and dust.
b.Have a stocking density that allows for dairy cattle of all ages to easily lie down at the same time in normal resting posture and be able to easily stand back up at all stages of production, and in addition all animals must be able to access feed and water without excessive competition;
c.If free stalls, tie stalls or stanchions are used, they must be designed and maintained so that the length and width provides appropriate space to accommodate the size of the animal’s body so that the animal is not forced to lie with her rear quarter contacting the alleyway or gutter;
d.If free stalls, tie stalls or stanchions are used, they must be cleaned regularly and bedding replenished regularly;
e.If bedded pack is used, it must be bedded regularly;
f.Feeding, watering areas and alleys must be cleaned on a regular basis so as to be free of continual standing water and excess manure that may compromise the animal’s health and safety;
g.Alleys must be designed and maintained so as to minimize the potential for injury and bruising;
h.If tie stalls or stanchions are used, the animals must be provided with the opportunity for exercise, weather permitting; and,
i.If tie stalls or stanchions are used, the animals must have room to stand, lie down, eat, drink, defecate, and urinate comfortably.
6.Outdoor housing must meet the following requirements:
a.Must seek to minimize prolonged exposure to adverse environmental conditions that compromise the animal’s health and safety;
b.If open lots are used, they must be maintained to promote proper drainage away from resting areas and feed and water such that there is sufficient area for all cattle to stand on dry ground; and,
c.During prolonged periods of wetness or snow cover, the responsible party must ensure that cattle have access to feed and water.
7.Breeding bull housing must meet the following requirements:
a.Must allow bulls to easily stand up, lie down, and adopt a normal resting posture;
b.Must have a resting area that provides comfort, dryness and protection from adverse weather;
c.Feeding, watering areas and alleys must be cleaned on a regular basis and be free of continual standing water and excess manure that may compromise the animal’s health and safety;
d.Alleys must be designed and maintained so as to minimize the potential for injury and bruising; and,
e.Enclosures, including fencing, must be designed and maintained so as to provide for the safety of humans and other animals.
8.Transportation. Calves with navels that have not dried after birth must not be loaded for transport to a terminal market, non-terminal market or a collection facility.
D.Bovine-Beef
1.Feed and water. All newborn calves must be offered colostrum, or a colostrum replacement within the first 24 hours of life.
2.Management. The following livestock management procedures are acceptable and, if performed, must be performed in a humane manner.
a.For horn removal, disbudding prior to eruption is permissible without pain management; for dehorning after eruption, pain management must be used; and,
b.Castration of cattle that are older than 5 months of age requires pain management;
c.Hoof trimming must occur at intervals to prevent excessive hoof growth, excessive chipping, or lameness.
3.All housing systems must meet the following requirements:
a.Must provide a clean and safe environment that promotes the health, welfare and performance of beef cattle at all stages of their lives;
b.Must provide access to facilities or natural features that provide reasonable protection from adverse weather conditions and predators;
c.Enclosures, including fencing, must be designed and maintained so as to minimize bruising, escape and injury and provide for the safety of humans and other animals;
d.During calving, there must be sufficient space to enable cows to separate themselves from other animals; and,
e.Light intensity must be adequate for observation during inspection.
4.Indoor housing systems must meet the following requirements:
a.Have a stocking density that allows for all cattle to easily lie down at the same time in a normal resting posture and be able to easily stand back up at all stages of production, and in addition all animals must be able to access feed and water without excessive competition;
b.Housing must be designed and maintained in a manner which:
(1)Seeks to minimize the effects of adverse weather; and;
(2)Provides ventilation to reduce concentrations of ammonia and dust.
c.Feeding, watering areas and alleys must be cleaned on a regular basis so as to be free of continual standing water and excess manure that may compromise the animal’s health and safety;
d.If bedded pack is used, it must be bedded regularly;
e.Alleys must be designed and maintained so as to minimize the potential for injury and bruising; and,
f.If tie stalls are used, the animals must be provided with the opportunity for exercise, weather permitting.
5.Outdoor housing systems must meet the following requirements:
a.Must seek to minimize prolonged exposure to adverse environmental conditions that compromise the animal’s health and safety;
b.If open lots are used, they must be maintained to promote proper drainage away from resting areas and feed and water such that there is sufficient area for all cattle to stand on dry ground; and,
c.During prolonged periods of wetness or snow cover, the responsible party must ensure that cattle have access to feed and water.
E.Swine
1.Management. The following livestock management procedures are acceptable and, if performed, must be performed in a humane manner.
a.Tusk trimming is an acceptable procedure, and if performed, must be performed in a humane manner taking care to cut the tusks level with the gums without damaging the gums.
b.Castration is an acceptable procedure, and if performed, must be performed at as young an age as is practical. Castration of boars that are older than 14 days of age requires pain management;
c.Tail docking is an acceptable procedure, and if performed, must be performed at as young an age as is practical. Docking the tail of swine that are older than 14 days of age animals requires pain management.
d.Hoof trimming must occur at intervals to prevent excessive hoof growth, excessive chipping, or lameness.
2.All swine housing systems must:
a.Have a stocking density that allows all pigs to easily lie down fully on their side at the same time without having to lie on each other and be able to easily stand back up at all stages of production, and in addition all animals can access feed and water without excessive competition;
b.Be regularly inspected and maintained by the responsible party to verify that all mechanical devices and the water and feed delivery system are in working condition;
c. Permit visual inspection of animals:
(1)Light intensity must be adequate for observation during inspection; and,
(2)If natural light is not available, artificial light must be provided for at the least the normal period of daylight hours.
3.Allow sows and boars in stalls or pens to do each of the following:
a.Lie down fully on its side in full lateral recumbency without the head having to rest on a raised feeder and have the rear quarters coming in contact with the back of the stall or pen at the same time; and,
b.Stand without the back touching the top of the stall or pen.
c.The use of gestation crates for housing pregnant sows is prohibited pursuant to R.I. Gen. Laws § 4-1.1-1 et seq.
4.Outdoor housing for all stages of production must provide:
a.A regular, ample supply of bedding in cold weather;
b.Access to facilities or natural features that provide reasonable protection from adverse weather conditions and predators; and,
c.A method to facilitate thermo-regulation, such as a natural wallow.
5.Farrowing Sow and Piglet Housing must:
a.Be clean, dry and sanitary;
b.Provide effective protection and appropriate thermal environment for the piglets and comfort for the sow; and,
c.Be designed to maximize neo-natal piglet welfare, and farrowing stalls can be used on all new and existing farms.
6.All sows farrowing outdoors must be provided with:
a.Shade for farrowing in hot weather; and,
b.Shelter from prevailing winds and a regular, ample supply of bedding to minimize frost bite for farrowing in cold weather.
7.Post weaning indoor housing systems must meet the following conditions:
a.In mechanically ventilated facilities, weaned piglets must be housed in clean, dry, well-heated, draft-free facilities;
b.Indoor housing systems that have no mechanical heating or ventilation systems must:
(1)Adequately protect pigs from direct sunlight and adverse weather conditions;
(2)Provide supplemental heat or a regular, ample supply of bedding in cold weather; and,
(3)Have water and feed supply systems that function properly and be readily accessible under all weather conditions.
8.Indoor housing systems for breeding, gestating sows and gilts must meet the following conditions:
a.Mixing must be done in a manner which minimizes aggression and the risk of injury;
b.Pens for breeding should have non-slip floors and must be large enough for comfortable movement during breeding activities.
c.Pens may be used for breeding and gestation;
d.Gestation stalls are prohibited pursuant to R.I. Gen. Laws § 4-1.1-1 et seq.
9.In boar housing systems, the unnecessary mixing or the introduction of new animals into established groups must be avoided to minimize aggression and the risk of injury.
10.Transportation. If transportation of a sow with her suckling litter is necessary, the sow must be segregated from all other animals during transport and the litter must be protected appropriately.
F.Poultry-Layers
1.Feed and Water
a.Water may be withheld based on specific direction, written or verbal, of a licensed veterinarian and only for the period of time specified by the veterinarian; or,
b.Water may be restricted or withheld temporarily by the responsible party in circumstances such as:
(1)Preparation for administration of vaccines or medication in the water;
(2)Preparation for transportation; or,
(3)Specific management practices, according to the farm’s operating procedures.
2.Management
a.The responsible party must catch, lift, and move poultry humanely.
b.Birds may be caught by a single leg but must be lifted and carried by both legs. Birds are not to be caught, carried or lifted by the head, or tail.
c.The following livestock management procedures are acceptable and, if performed, must be performed in a humane manner.
(1)Beak conditioning;
(2)Toenail conditioning;
(3)Dubbing; and;
d.Induced molting: If induced molting is used, the following conditions must also be met:
(1)Must use only non-feed withdrawal methods;
(2) Layers must be fed a maintenance ration for non-producing layers and must have access to a sufficient amount of water;
(3) The light period must be reduced to no fewer than six hours in closed houses, or to natural day length in open houses, for the duration of the rest period. When the flock is placed back on a layer diet, lights should be returned to the normal layer program; and,
(4)During molt, flock health, mortality and bird weight must be monitored.
e.Environmental management must be designed to control rodents, non-beneficial insects, and parasite infestation in the birds, as it applies to the flock's housing system.
3.All poultry housing systems must meet the following requirements:
a.Housing must provide a clean, dry and safe environment that promotes the health, welfare and performance of layers at all stages of their lives;
b.Bedding, if provided, must be of a good quality and absorbent;
c.Environmental moisture must be managed, whether birds are housed indoors or outdoors, to promote flock health and welfare;
d.Maximum stocking densities must allow all poultry:
(1)To rest at the same time without being forced to rest on top of each other at all stages of production; and,
(2)To have access to feed and water without excessive competition that prevents the individual animals from maintaining normal body condition.
e.Housing must be designed and maintained in a manner which:
(1)Seeks to minimize the effects of adverse weather conditions;
(2)Seeks to minimize conditions in which the bird cannot effectively thermo-regulate;
(3)Provides sufficient ventilation to reduce concentrations of carbon monoxide, ammonia and dust; and,
(4)Provides backup systems in working condition, in houses/barns that require mechanized ventilation.
(5)Light intensity must be adequate for observation during inspection; and,
(6)If natural light is not available, artificial light must be provided for rearing and production.
f.Conventional battery cage systems must meet the following requirements:
(1)Existing facilities, as defined above, are allowed to continue using existing conventional caging systems until July 1st, 2034 after which time any replacement cages must provide a minimum of 116 square inches per hen. Systems installed after the adoption of these Rules and Regulations must be such that manure from birds in upper cage levels does not drop directly on birds in lower level cages;
(2)The slope of the cage floor must not exceed eight degrees;
(3)New farmers who wish to use conventional caging systems must provide 116 square inches per hen;
(4)An existing layer/pullet farm, after the adoption of this standard, is not precluded from an expansion using current cage housing systems; and,
(5)Conventional battery cages systems may not be installed, after the effective date of the rule, on any farm not defined as an existing facility unless they provide a minimum of 116 square inches per hen;
(6)Any housing system on an existing facility may be replaced with the same housing system in the case of a catastrophic event (including but not limited to fire, flood, wind or building collapse) that requires new construction to replace the existing housing system, however any system that is installed must be in compliance with the minimum area requirement of 116 square inches per hen after July 1st, 2034.
g.Enriched cage systems must, at a minimum, comply with § 5.8(F)(3)(f) of this Part.
h.Cage-free housing systems must meet the following requirements:
(1)Cage-free housing systems installed after the effective date of this rule must provide a minimum of 144 square inches per layer;
(2)If perches are provided, they must be positioned to minimize fecal fouling of layers, feeders and waterers below;
(3)If multi-tiered perches are used, each tier must allow hens to safely access other vertical tiers, including the floor;
(4)If nests are provided, they must be cleaned as necessary to ensure that manure does not accumulate;
(5)For cage-free systems installed prior to the implementation date of these standards, the responsible party must meet §§ 5.8(F)(3)(h)(1) through 5.8(F)(3)(h)(4) of this Part within five years after the effective date of this rule; and,
(6)Cage-free layers with access to the outdoors must be provided reasonable protection from adverse weather conditions and predators.
4.Transportation: The density in poultry conveyances must allow the birds to rest at the same time without being forced to rest on top of each other.
G.Poultry-Broilers:
1.Feed and water
a.Water may be withheld based on specific direction, written or verbal, of a licensed veterinarian and only for the period of time specified by the veterinarian; or,
b.Water may be restricted or withheld temporarily by the responsible party in circumstances such as:
(1)Preparation for administration of vaccines or medication in the water;
(2)Preparation for transportation; or,
(3)Specific management practices, according to the farm’s operating procedures.
2.Management
a.The responsible party must catch, lift and move poultry humanely.
b.Birds may be caught by a single leg but must be lifted and carried by both legs. Birds are not to be caught, carried or lifted by the head, neck, or tail.
c.The following livestock management procedures are acceptable and, if performed, must be performed in a humane manner.
(1)Beak conditioning;
(2)Male back toe conditioning;
(3)Dubbing;
(4)Caponizing; and,
d.Environmental management must be designed to control rodents, non-beneficial insects, and parasite infestation in the birds to the degree that the animals’ health is not impaired.
3.Housing for broilers and broiler breeders must meet all of the following conditions:
a.Must provide a clean, dry and safe environment that promotes the health, welfare and performance of broilers/broiler breeders at all stages of their lives;
b.Bedding, if provided, must be of a good quality and absorbent;
c.Environmental moisture must be managed, whether birds are housed indoors or outdoors, to promote flock health and welfare;
d.Stocking densities must allow all broilers to rest at the same time without being forced to rest on top of each other at all stages of production and, in addition, all broilers must be able to access feed and water without excessive competition that prevents individuals in the flock from maintaining normal body condition;
e.Housing must be designed in a manner which:
(1)Seeks to minimize the effects of adverse weather conditions;
(2)Seeks to minimize conditions in which the bird cannot effectively thermo-regulate;
(3)Provides sufficient ventilation to reduce concentrations of carbon monoxide, ammonia and dust; and,
(4)Provides backup systems in working condition, in houses/barns that require mechanized ventilation;
(5)Light intensity must be adequate for observation during inspection;
(6)If natural light is not available, artificial light must be provided for rearing and production; and,
(7)Free-range/pastured broilers must be provided reasonable protection from adverse weather conditions and predators.
f.Broiler Breeders housing must meet the following conditions:
(1)If slats are used, the slats must be designed and maintained so as to minimize bruising and injury;
(2)Where slats are used, if birds get under the slats they must be removed immediately;
(3)Introduction of new broiler breeder males must be done in a manner which seeks to minimize aggression and the risk of injury; and,
(4) If nest space is provided, they must be cleaned as necessary to ensure that manure does not accumulate.
4.Transportation. The density in poultry conveyances must allow the birds to rest at the same time without being forced to rest on top of each other.
H.Poultry Breeders:
1.Feed and water
a.Water may be withheld based on specific direction, written or verbal, of a licensed veterinarian and only for the period of time specified by the veterinarian; or
b.Water may be restricted or withheld temporarily by the responsible party in circumstances such as:
(1)Preparation for administration of vaccines or medication in the water;
(2)Preparation for transportation; or,
(3)Specific management procedures, according to the farm’s operating procedures.
2.Management
a.The responsible party must catch, lift and move poultry humanely.
b.Birds may be caught by a single leg but must be lifted and carried by both legs. Birds are not to be caught, carried or lifted by the head, neck, or tail.
c.The following livestock management procedures are acceptable and, if performed, must be performed in a humane manner.
(1)Beak conditioning;
(2)Toenail conditioning;
(3)Dewclaw conditioning;
(4)Snood conditioning; and,
d.Induced molting, which must also meet all of the following conditions:
(1)Must use only non-feed withdrawal methods;
(2)Turkey breeders must be fed a maintenance ration for non-producing breeders;
(3)The light period must be reduced to no fewer than six hours in closed houses, or to natural day length in open houses, for the duration of the rest period. When the flock is placed back on a production diet, lights should be returned to the normal program; and,
(4)During molt, flock health, mortality and bird weight must be monitored;
e.Environmental management must be designed to control rodents, non-beneficial insects, and parasite infestation in the birds, as it applies to the flock’s housing system.
3.Housing for turkeys and turkey breeders must meet all of the following conditions:
a.Must provide a clean, dry and safe environment that promotes the health, welfare and performance of turkeys/turkey breeders at all stages of their lives;
b.Bedding, if provided, must be of a good quality and absorbent;
c.Environmental moisture must be managed, whether birds are housed indoors or outdoors, to promote flock health and welfare; and,
d.Stocking densities must allow all turkeys to rest at the same time without being forced to rest on each other at all stages of production, and in addition all turkeys must be able to access feed and water without excessive competition that prevents individuals in the flock from maintaining normal body condition; and,
e.Housing must be designed in a manner which:
(1)Seeks to minimize the effects of adverse weather conditions;
(2)Seeks to minimize conditions in which the bird cannot effectively thermo-regulate;
(3)Provides sufficient ventilation to reduce concentrations of carbon monoxide, ammonia and dust; and,
(4)Provides backup systems in working condition, in houses/barns that require mechanized ventilation;
f.Light intensity must be adequate for observation during inspection;
g.If natural light is not available, artificial light must be provided for rearing and production; and;
h.Free-range/pastured turkeys must be provided reasonable protection from adverse weather conditions and predators.
i.Turkey breeder housing must meet the following conditions:
(1)Introduction of new turkeys must be done in a manner which seeks to minimize aggression and the risk of injury;
(2)If nest space is provided, they must be cleaned as necessary to ensure that manure does not accumulate.
j.Transportation. The density in poultry conveyances must allow the birds to rest at the same time without being forced to rest on top of each other.
I.Ovine
1.Feed and water. All newborn lambs must be offered colostrum, or a colostrum replacement within the first 24 hours of life.
2.Management. The following livestock management procedures are acceptable and, if performed, must be performed in a humane manner.
a.Castration of rams that are older than 14 days of age must use pain management;
b.Tail docking of sheep that are older than 14 days of age must use pain management;
c.Breeds of sheep that do not naturally shed their hair/wool must be shorn regularly; and,
d.The responsible party must seek to minimize the risk of fly strike by utilizing such methods to include, but not limited to, shearing and crutching. The practice of mulesing (cutting strips of skin from the hindquarters of lambs or sheep) is expressly prohibited.
e.Dehorning of sheep should not be performed but non-sensitive tissue of larger horns may be trimmed to prevent injury to the animal.
f.Hoof trimming must occur at intervals to prevent excessive hoof growth, excessive chipping, or lameness.
3.All housing must meet the following requirements:
a.Must provide a clean, dry and safe environment that promotes the health, welfare and performance of sheep at all stages of their lives;
b.Must provide access to facilities or natural features that provide reasonable protection from adverse weather conditions and predators;
c.Enclosures, including fencing, must be designed and maintained so as to minimize bruising, escape and injury and provide for the safety of humans and other animals;
d.During lambing there must be sufficient space to enable ewes to separate themselves from other animals; and,
e.Light intensity must be adequate for observation during inspection.
4.Indoor housing systems must meet the following requirements:
a.Have a stocking density that allows for all sheep to easily lie down at the same time in a normal resting posture and be able to easily stand back up at all stages of production, and in addition all animals must be able to access feed and water without excessive competition;
b.Housing must be designed and maintained in a manner which:
(1)Seeks to minimize the effects of adverse weather; and,
(2)Provides ventilation to reduce concentrations of ammonia and dust;
c.Feeding, watering areas and alleys must be cleaned on a regular basis so as to be free of continual standing water and excess manure that may compromise the animal’s health and safety;
d.Alleys must be designed and maintained so as to minimize the potential for injury and bruising; and,
5.Outdoor housing systems must meet the following requirements:
a.Must seek to minimize prolonged exposure to adverse environmental conditions that compromise the animal’s health and safety;
b.If open lots are used, they must be maintained to promote proper drainage away from resting areas and feed and water such that there is sufficient area for all sheep to stand on dry ground; and,
c.During prolonged periods of wetness or snow cover, the responsible party must ensure that sheep have access to feed and water.
J.Caprine:
1.Feed and water. All newborn kids must be offered colostrum, or a colostrum replacement within the first 24 hours of life.
2.Management. The following livestock management procedures are acceptable and, if performed, must be performed in a humane manner.
a.For horn removal, disbudding prior to eruption is permissible without pain management; for dehorning after eruption, pain management must be used, and the dehorning of adult goats must only be performed by a licensed veterinarian; and,
b.Castration of bucks that are older than 14 days of age must use pain management;
c.Breeds of goats that do not naturally shed their hair must be shorn regularly.
d.Hoof trimming must occur at intervals to prevent excessive hoof growth, excessive chipping, or lameness.
3.All housing systems must meet the following requirements:
a.Must provide a clean, dry and safe environment that promotes the health, welfare and performance of goats at all stages of their lives;
b.Must provide access to facilities or natural features that provide reasonable protection from adverse weather conditions and predators;
c.Enclosures, including fencing, must be designed and maintained so as to minimize bruising, escape and injury and provide for the safety of humans and other animals;
d.During kidding there must be sufficient space to enable does to separate themselves from other animals; and,
e.Light intensity must be adequate for observation during inspection.
4.Indoor housing systems must meet the following requirements:
a.Have a stocking density that allows for all goats to easily lie down at the same time in a normal resting posture and be able to easily stand back up at all stages of production, and in addition all animals must be able to access feed and water without excessive competition;
b.Feeding, watering areas and alleys must be cleaned on a regular basis so as to be free of continual standing water and excess manure that may compromise the animal’s health and safety;
c.Alleys must be designed and maintained so as to minimize the potential for injury and bruising; and,
5.Outdoor housing systems must meet the following requirements:
a.Must seek to minimize prolonged exposure to adverse environmental conditions that compromise the animal’s health and safety;
b.If open lots are used, they must be maintained to promote proper drainage away from resting areas and feed and water such that there is sufficient area for all goats to stand on dry ground; and,
c.During prolonged periods of wetness and snow cover, the responsible party must ensure that goats have access to feed and water.
6.If used, tack and/or harness must fit properly and be well maintained so as to minimize the potential for injuries.
K.Camelid
1.Feed and water. All newborn crias must be offered colostrum, or a colostrum replacement within the first 24 hours of life.
2.Management. The following livestock management procedures are acceptable and, if performed, must be performed in a humane manner.
a.The responsible party must ensure that castration is performed by a licensed veterinarian.
b.The following livestock management procedures are required and must be performed in a humane manner:
(1)Co-mingled adult males must have their fighting teeth conditioned.
(2)Toe nail care to maintain a functional condition; and;
(3)During hot weather, the responsible party shall seek to minimize heat stress for camelids using methods including, but not limited to: shearing, mechanical ventilation, or other cooling methods.
3.All housing systems must meet the following requirements:
a.Must provide a clean, dry and safe environment that promotes the health, welfare and performance of camelids at all stages of their lives;
b.Camelids must be provided with the opportunity for socialization with a herding animal, which may include but not be limited to: camelids, sheep, goats, or other herding livestock;
c.Have a stocking density that allows for all camelids to easily lie down at the same time in a normal resting posture and be able to easily stand back up at all stages of production, and in addition all animals must be able to access feed and water without excessive competition;
d.Must provide access to facilities or natural features that provide reasonable protection from adverse weather conditions and predators;
e.Enclosures, including fencing, must be designed and maintained so as to minimize injury, escape and provide for the safety of humans and other animals; and,
f.Light intensity must be adequate for observation during inspection.
4.Indoor housing systems must meet the following requirements:
a.Seeks to minimize the effects of adverse weather; and;
b.Provides ventilation to reduce concentrations of ammonia and dust; and,
c.When box stalls, pens or other enclosures are used, they must be cleaned regularly;
d.Camelids must be provided with a clean, dry area for lying down; and,
e.If an animal is confined in a box stall, pen or other enclosure, the responsible party must provide access for regular exercise unless medically prohibited.
5.Outdoor housing systems must meet the following requirements:
a.Must seek to minimize prolonged exposure to adverse environmental conditions that compromise the animal’s health and safety;
b.If open lots are used, they must be maintained to promote proper drainage away from resting areas and feed and water such that there is sufficient area for all camelids to stand on dry ground; and,
c.During prolonged periods of wetness and snow cover, the responsible party must ensure that camelids have access to feed and water.
6.If used, tack and/or harness must fit properly and be well maintained so as to minimize the potential for injuries.
7.Transportation. Camelids must be able to stand so that their backs do not touch the top of the transport conveyance, and the density of the load must allow all animals to lie down at the same time.
L.Equine
1.Feed and water. All newborn foals must be offered colostrum, or a colostrum replacement within the first 24 hours of life.
2.Management. The following livestock management procedures are acceptable and, if performed, must be performed in a humane manner.
a.The responsible party must ensure that castration is performed by a licensed veterinarian; and,
b.Shearing of horses in the winter must be done so in compliance with the provisions of R.I. Gen. Laws § 4-1-6-1 et seq.
c.The responsible party must monitor regularly for the condition and ensure that the hooves are regularly trimmed to prevent overgrowth, cracking, chipping, and lameness.
3.All housing systems must meet the following requirements:
a.Must provide a clean, dry and safe environment that promotes the health, welfare and performance of equines at all stages of their lives;
b.Have a stocking density that allows for all equines to easily lie down at the same time in a normal resting posture and be able to easily stand back up at all stages of production, and in addition all animals must be able to access feed and water without excessive competition;
c.Must provide access to facilities or natural features that provide reasonable protection from adverse weather conditions and predators;
d.Enclosures, including fencing, must be designed and maintained so as to minimize injury, escape and provide for the safety of humans and other animals;
e.Light intensity must be adequate for observation during inspection.
4.Indoor housing systems must meet the following requirements:
a.If a stall is used, the stall must be cleaned regularly. If bedding is used the bedding must be replenished regularly with clean, good quality, and absorbent bedding; and,
b.If confined in a stall, the responsible party must provide access for exercise as necessary to maintain the health of the animal.
5.Outdoor housing systems must meet the following requirements:
a.Must seek to minimize prolonged exposure to adverse environmental conditions that compromise the animal’s health and safety; and,
b.If open lots are used, they must be maintained to promote proper drainage away from resting areas and feed and water such that there is sufficient area for all equines to stand on dry ground; and,
c.During prolonged periods of wetness and snow cover, the responsible party must ensure that equines have access to feed and water.
6.Tack and/or harness must fit properly and be well maintained so as to minimize the potential for injuries.
7.At non-terminal markets, sales, and auctions the responsible party must provide a dry area so that all equines can lie down at the same time and be protected from adverse weather. If maintained for more than eight hours at such facilities, equines must be provided access to feed and water.
8.Transportation
a.Suckling foals must be transported separately from other animals and must be transported with their dams, unless the health and safety of the foal is compromised;
b.Stallions and jacks must be separated from other equines during transport;
c.Use of double decked trailers for equine transportation is prohibited in state pursuant to R.I. Gen. Laws § 4-1-39;
d.Non-ambulatory disabled equine must not be loaded for transport except for treatment;
e.Equines must be able to stand upright in their normal position without their heads, exclusive of the ears, touching the top of the conveyance.
**History**
- *Amendment — effective from 2023-01-19 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/19/2023*
- *Technical Revision — effective from 2016-12-13 to 01/04/2022*
- *Technical Revision — effective from 2016-12-13 to 12/13/2016*
- *Adoption — effective from 2016-12-13 to 12/13/2016*
##### **250-RICR-40-05-5 § 5.9** Violations {#sec-250-ricr-40-05-5-5.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-5#5.9}
Any person, firm or corporation who violates any provision of these regulations shall be subject, upon conviction after a hearing, to a fine of five hundred dollars ($500.00) for the first offense and not to exceed one thousand dollars ($1000.00) for the second offense and any subsequent offense. Any offense may result in the seizure of animals by the Department. The cost of the care for any animal seized by the Department under the authority of these Rules and Regulations is the responsibility of the owner of the animal at the time of seizure. Each day for which the violation persists without remedy shall constitute a separate violation.
**History**
- *Amendment — effective from 2023-01-19 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/19/2023*
- *Technical Revision — effective from 2016-12-13 to 01/04/2022*
- *Technical Revision — effective from 2016-12-13 to 12/13/2016*
- *Adoption — effective from 2016-12-13 to 12/13/2016*
##### **250-RICR-40-05-5 § 5.10** Enforcement {#sec-250-ricr-40-05-5-5.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-5#5.10}
Any employee of the Department of Environmental Management, Division of Agriculture and the Department of Environmental Management, Division of Law Enforcement is empowered and authorized to enforce any of the provisions in these Rules and Regulations.
**History**
- *Amendment — effective from 2023-01-19 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/19/2023*
- *Technical Revision — effective from 2016-12-13 to 01/04/2022*
- *Technical Revision — effective from 2016-12-13 to 12/13/2016*
- *Adoption — effective from 2016-12-13 to 12/13/2016*
#### **250-RICR-40-05-6** Rules and Regulations Relating to the Importation of Equines from Contagious Equine Metritis Affected Countries
##### **250-RICR-40-05-6 § 6.1** Purpose {#sec-250-ricr-40-05-6-6.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.1}
The purpose of these Rules and Regulations is to safeguard the reproductive health of Rhode Island equines while at the same time providing economic encouragement to the Rhode Island horse industry. The controlled importation and quarantine of any suspect infected equines will prevent the spread of Contagious Metritis throughout the State. The regulations as herein set forth include, but are not limited to, providing for the construction and maintenance of the quarantine facility; the import application procedure; the manner in which handling of equine wastes will be required to disposed of, training procedures for facility personnel and equipment operation, as well as the testing and treatment protocols for the animals in quarantine.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.2** Authority {#sec-250-ricr-40-05-6-6.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.2}
These Rules and Regulations are adopted pursuant to the requirements and provisions of R.I. Gen. Laws § 42-17.1-1 et seq., “Department of Environmental Management”, § 42-17.6-1 et seq., “Administrative Penalties for Environmental Violations”, and § 4-4.1-1 et seq. in accordance with the provisions of R.I. Gen. Laws § 42-35-1 et seq., “Administrative Procedures Act."
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.3** Application {#sec-250-ricr-40-05-6-6.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.3}
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purpose of state laws, goals, and policies. These rules shall apply to any person(s) who import(s) or intend(s) to import any equines from those countries affected by Contagious Metritis as listed in Animals and Animal Products, 9 C.F.R §§ 93.300-301.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.4** Incorporated Materials {#sec-250-ricr-40-05-6-6.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.4}
These regulations hereby adopt and incorporate 9 C.F.R. §§ 93.300-301 (2017), for Animals and Animal Products, 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.5** Definitions {#sec-250-ricr-40-05-6-6.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.5}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1.“Accredited veterinarian” or “Federally accredited veterinarian” means a veterinarian approved by the Administrator of the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA), to perform functions required by State and Federal animal disease control and eradication programs.
2.“Approved veterinarian” means a Federally Accredited Veterinarian who is currently licensed in Rhode Island and who has undergone training as provided by the State Veterinarian or Federal Veterinarian in proper CEM sampling and biosecurity procedures.
3.“Biosecurity” means any procedure or practice that when properly executed will reduce the risk of introduction of disease to an uninfected population.
4.“Code of federal regulations" or "CFR" means the codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government, as such Title is in effect on the effective date of these regulations.
5.“Complement fixation” or “CF” testing means a serological diagnostic test for the presence of CEM.
6.“Contagious equine metritis" or "CEM” means an infectious disease of the equine reproductive tract caused by the bacteria Taylorella equigenitalis.
7.“Contagious equine metritis affected country" or "CEM affected country" means a country known or suspected of having horses or other equines affected with CEM as listed in the 9 C.F.R. §§ 93.300-301 for Animals and Animal Products.
8.“Department” means the Rhode Island Department of Environmental Management.
9.“Equine" or "equid” means those animals belonging to the family Equidae, including but not limited to: horses, mules, and donkeys.
10.“Federal or state animal health technician" means an animal health technician that is employed by the United States Department of Agriculture or employed by the Rhode Island Department of Environmental Management.
11.“Federal or state animal health personnel" means animal health personnel that are employed by the United States Department of Agriculture or employed by the Rhode Island Department of Environmental Management.
12.“Federal veterinarian” means a veterinarian employed by the United States Department of Agriculture Animal Plant Health Inspection Service (APHIS).
13.“NAHLN” or “National animal health laboratory network” means a laboratory that has been approved by the United States Department of Agriculture (USDA) to perform official regulatory tests.
14.“NVSL” or “National veterinary services laboratory” means the official reference laboratory of the NAHLN and USDA.
15.“Person" or "owner” means any person, firm, association, organization, partnership, business trust, corporation, or company.
16.“Personal protective equipment” means any article of clothing or any other device or apparatus that has the purpose of preventing the wearer/user from becoming contaminated with the agent that causes CEM.
17.“Quarantine” means the act of isolating an animal in a manner that is sufficient to prevent the spread of CEM from that animal. Quarantine shall include, but not be limited to, the animal(s), potentially contaminated feed, bedding, equipment, tack, supplies, garbage, manure, urine, or any other potentially infectious substance or material.
18.“Quarantine facility” means that facility which has been inspected and approved for the holding in isolation of equines by State and Federal veterinary personnel.
19.“State animal health official" means the state veterinarian or veterinary technician that is duly authorized by the Rhode Island Department of Environmental Management to administer and oversee the provisions of these Rules and Regulations including but not limited to observation of proper quarantine procedures, review of testing results, approval of animals to enter quarantine, and release of quarantine.
20.“State veterinarian” means a veterinarian licensed in the State of Rhode Island and employed by the Department of Environmental Management.
21.“USDA” means the United States Department of Agriculture.
22.“Veterinary services” or “VS” means the United States Department of Agriculture/Animal and Plant Health Inspection Services/Veterinary Services agency.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.6** Import Application Procedure {#sec-250-ricr-40-05-6-6.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.6}
A.Any person wishing to import any stallion or mare for CEM quarantine must first be in possession of a CEM Quarantine Facility License as issued by the Department. Licenses will be issued to those facilities that have received a favorable inspection and have properly trained personnel as determined by the State Veterinarian. All licenses will expire on December 31st annually. Renewal of licenses is entirely the responsibility of the facility. License application forms will be provided by the Department.
B.Any person wishing to import any stallion or mare for CEM quarantine must submit an import application to the State Veterinarian no less than seven (7) days prior to the anticipated date of importation. Such import application shall contain the following information:
1.The name, telephone number, and address of the person seeking to import the animal.
2.The country of origin of the shipment.
3.The name and location of the USDA quarantine station where the animals were received into the United States.
4.The name, breed, age, sex, markings, and any and all individual identification of the equine to be imported.
5.The name, telephone number, and address, of the Federally Accredited Veterinarian who is employed to perform the laboratory testing and animal treatments, as directed by the CFR.
6.The anticipated date and time of arrival in Rhode Island of the animal undergoing quarantine.
7.A signed statement certifying that the owner and agent have read those portions of the CFR which regulate the importation/quarantine/testing and treatment of horses from CEM affected countries; that the owner/agent understands and shall comply with all provisions listed in those sections of the CFR.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.7** Importation {#sec-250-ricr-40-05-6-6.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.7}
A.No stallion or mare shall be allowed into Rhode Island from a CEM affected country unless transported/transferred into a State approved quarantine facility, as per the CFR.
B.No stallion or mare shall be allowed into Rhode Island whose importation application has not received prior written approval from/by the State Veterinarian or authorized designee.
C.No stallion or mare imported under these regulations is to be unloaded in Rhode Island unless a Federal or State Veterinarian, or a state or federal animal health technician is in attendance. The Department is authorized to enter into a written agreement with individual accredited veterinarians to perform the procedures in §§ 6.7(C) and 6.7(G) of this Part. Such written agreements will be predicated on the accredited veterinarian being properly trained, interviewed, and approved by the State Veterinarian. Written agreements that are authorized under this section may be immediately terminated, for cause, at the discretion of the Director or his/her duly authorized agent. Written agreements that are authorized under this section are valid for no longer than two years from the date of execution and it is the responsibility of the authorized accredited veterinarian to seek renewal. Any accredited veterinarian who is aggrieved by the Department’s decision to not enter into an agreement or to terminate an agreement may request a hearing pursuant to the provisions of § 6.20 of this Part. The accredited veterinarian so aggrieved may not perform any of the procedures in §§ 6.7(C) and 6.7(G) of this Part pending the disposition of any hearing requested.
D.Upon arrival at an approved quarantine facility all equines that are imported under these regulations must be immediately placed into quarantine at the approved quarantine facility.
E.Any geldings or foals shipped on a conveyance with a stallion or mare from a CEM affected country must be placed into the approved quarantine facility immediately upon removal from the conveyance. Such geldings or foals will remain at the approved quarantine facility until the stallion or mare they were shipped with is released. If the stallion or mare is determined to be affected with CEM, the gelding or foal may be subjected to diagnostics or treatment as ordered by the State Veterinarian.
F.Unless previously arranged with State/Federal Veterinary personnel, all importation and testing activities shall occur between the hours of 8:30 AM and 4:00 PM Monday through Friday except State holidays.
G.The cleaning and disinfection of the transport vehicle shall be completed before the vehicle is moved from the place where the equine is unloaded. The cleaning and disinfection must be done in the presence of state or federal personnel. Such cleaning and disinfection shall follow the procedures specified in C.F.R. Title 9. The accredited veterinarian is responsible for appropriately completing VS form 1-27 after trailer cleaning and disinfection is finished.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.8** Standards for CEM Quarantine Facility {#sec-250-ricr-40-05-6-6.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.8}
A.A proposed quarantine facility must be inspected and approved by State and/or Federal personnel prior to horses being placed in CEM quarantine. Any approved facility must be inspected and re-approved at least annually. Any approved facility that has not housed an equine subject to quarantine for the previous six months must be inspected by State and/or Federal personnel before the facility can be used to quarantine an equine.
B.The facility must be an enclosed building of sound permanent construction, capable of being effectively cleaned and disinfected. Any adjacent pastures, pens, rings, paddocks, or other outdoor facilities that are utilized by horses in quarantine are considered part of the facility, and as such, subject to the same standards regarding visitors, pets, contact with non-quarantined horses, inspection, access by personnel, waste disposal, etc.
C.The quarantine facility must be clearly identified as such by posted signs.
D.The facility must be large enough to accommodate all animals involved in the quarantine.
E.The facility must contain a sufficient number of stalls for all horses in quarantine in order that individual horses shall be kept in a separate stall with each stall divided from each other by an empty stall, an empty area where horses cannot touch each other, or by a solid wall that is at least 8 feet high. The facility must provide isolation from other horses and common traffic. Nose-to-nose contact by the horses must not occur.
F.The facility must be secure so that horses may not escape or be removed from the facility without authorization and to prevent other animals or unauthorized personnel from entering.
G.Drainage from the facility shall not flow into areas where non-quarantined horses are being maintained on the premises.
H.During the quarantine period, all equipment that has contact with a quarantined equine, including but not limited to, equipment used for exercising, feeding, watering, grooming, and cleaning must remain in the quarantine area and their use must be limited only to the animals in quarantine.
I.After each culture or treatment, all gloves, sleeves, specula, and other disposable materials will be placed in plastic garbage bags and disposed of as regulated medical waste. Alternatively, this material will be stored until quarantine is released (and providing that all cultures and other tests are negative), when they may be disposed of as non-regulated waste.
J.The facility shall be available to accredited attending veterinarians and State or Federal animal health personnel at any time necessary to conduct the required testing or quarantine observation procedures.
K.Visitors and pets will not be permitted into the quarantine area unless authorized by State or APHIS personnel.
L.All horses under CEM quarantine must remain in the facility until released by a State Animal Health Official.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.9** Quarantine and Biosecurity for Imported Equines {#sec-250-ricr-40-05-6-6.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.9}
A.All horses in quarantine must be separated at all times. Horses may be ridden, exercised, or turned out during CEM quarantine provided horses undergoing CEM testing do not have physical contact with any other horses (unless contact is required, such as breeding of stallions to test mares). Grooming and cleaning supplies and tack must not be shared. All materials that have contact with a quarantined equine must remain at the quarantine facility until the quarantine is released.
B.Horses under quarantine must not be bred; have semen, ova, or embryos collected; or be subjected to genital examination or cleaning beyond what is required for CEM testing as detailed below.
C.Taylorella equigenitalis may be transmitted by fomites, especially contaminated reproductive equipment. Separate buckets, brushes, sponges, tack, etc., must be used for each horse under quarantine. All reusable equipment must be cleaned and disinfected between quarantines.
D.If an imported mare foals or aborts prior to completing CEM testing, the aborted fetus, placental tissue, fetal membranes, and amniotic fluid is considered a potential source of CEM transmission. These materials, along with soiled bedding and any other potentially contaminated materials from foaling, must be properly disposed of to minimize any risk of Taylorella equigenitalis transmission. If an imported mare aborts prior to completing CEM testing, the attending accredited veterinarian must immediately notify the State Veterinarian upon the confirmation by the accredited veterinarian that the mare has aborted. Such notification shall be made by telephone at 401-222-3070 (DEM Division of Law Enforcement, Emergency Dispatch).
E.Any horse that is found to be positive, or non-negative, on any testing performed (serology or culture) must remain in quarantine for additional treatment and testing until the horse is determined to not be infected with Taylorella equigenitalis.
F.If, in the opinion of the State Veterinarian, further testing or quarantine is necessary above and beyond that required by the C.F.R., such conditions shall be fulfilled before the equine shall be released from quarantine.
G.All paddocks, pastures, and other exercise areas shall be fenced off so as to prevent escape and any possible contact with other equines that are not undergoing quarantine.
H.The facility shall be constructed only with materials that can withstand repeated cleaning and disinfection. All walls, floors and ceilings shall be constructed of solid impervious material.
I.Following the release of any equine from quarantine, the facility shall be fully cleaned and disinfected with an anti-bacterial agent before any other equine is placed therein.
J.All equipment used in the stalls or on the animals shall be used on only one animal and shall be fully disinfected with an anti-bacterial agent after that animal’s release from quarantine.
K.Access to the facility shall be granted only to persons working at the quarantine facility or to persons specifically granted such prior written approval for such access by the supervising APHIS or State Veterinarian. An owner or his or her agent or veterinarian may be admitted to the quarantine facility containing his or her quarantined horse(s) at such intervals as may be imposed by the State Veterinarian.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.10** Procedure for Testing Imported Stallions {#sec-250-ricr-40-05-6-6.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.10}
A.All procedures are to be performed by an approved federally accredited veterinarian.
B.Culture the imported stallion:
1.Ensure that the stallion has not received systemic antibiotics for at least seven (7) days prior to collecting cultures; and, ensure that the stallion has not had topical antimicrobials applied to his external genitalia for at least twenty-one (21) days prior to collecting cultures. Do not collect cultures if systemic antibiotics were administered within seven (7) days of collection of cultures. Do not collect cultures if topical antimicrobials were applied within twenty-one (21) days of collection of cultures.
2.Collect one set of culture specimens from each stallion.
3.Culture the shaft of penis and prepuce, urethral sinus, fossa glandis, and the distal urethra using a separate swab for each of these four sites. Swab sites may be cleaned with cotton and plain water, if necessary, to remove excess organic debris. Do not scrub or use disinfectants or detergent cleaners prior to swabbing.
4.If a stallion is determined to be positive at any time during the process, suspend further testing and initiate treatment as described in § 6.10(F) of this Part. For example, if a stallion’s cultures are positive, begin treatment without test breeding mares.
C.Test breed the imported stallion:
1.Cleaning of the external genitalia must not take place prior to or during testing since cleaning may lead to false negative culture results.
2.Do not begin test breeding until negative culture results have been obtained.
3.Do not scrub or use disinfectant or detergent cleaners on the test mare or the stallion prior to breeding.
4.Test breeding consists of live cover of two qualified mares. The procedure for qualifying mares is described in § 6.11(B) of this Part. The goal is to maximize contact time between the external genitalia of the stallion and test mare. At a minimum, each test mare must experience at least two complete penetrations from the stallion, at least one of which must result in ejaculation. Complete penetration means full insertion of the shaft of the penis into the vaginal vault of the mare.
D.Treat the imported stallion:
1.Do not begin treating the stallion until negative results from pre-breeding cultures are returned and the stallion has successfully completed test breeding two qualified mares.
2. After both test breedings are completed, the stallion’s prepuce, penis, fossa glandis, and urethral sinus must be cleaned with no less than 2 percent Chlorhexidine scrub while the stallion is in full erection once a day for 5 consecutive days. After each cleaning, coat the penis prepuce, and sheath with an antibiotic ointment with activity against Taylorella equigenitalis, such as Silver Sulfadiazine or 0.2 percent Nitrofurazone, once a day for five (5) consecutive days.
3.Systemic antibiotics may be used in conjunction with topical treatment at the discretion of the attending accredited veterinarian or regulatory veterinarian.
E.Quarantine release of CEM-negative imported stallions: If the stallion is negative on the pre-breeding culture set, if post-breeding diagnostic tests are negative on the two qualified mares (CF test and all post-breeding cultures; as described in § 6.11(C) of this Part), and if the stallion has completed treatment, then the stallion may be released from quarantine. All releases will be made in writing by the State Veterinarian or his/her authorized designee.
F.Procedures for Stallions Positive for Taylorella equigenitalis:
1.A stallion is positive for Taylorella equigenitalis if positive or non-negative results are returned on any of the assays performed: culturing of stallion, post-breeding culture of test mares, or post-breeding CF of test mares. An infected stallion must remain in quarantine until the stallion is treated, retested, and determined to no longer be infected with Taylorella equigenitalis.
2.If a stallion is determined to be positive for Taylorella equigenitalis, then the stallion’s prepuce, penis, fossa glandis, and urethral sinus must be thoroughly cleaned with two percent (2%) or stronger chlorhexidine scrub while the stallion is in full erection. After cleaning, coat the entire penis and prepuce with an antibiotic ointment with activity against Taylorella equigenitalis, such as Silver Sulfadiazine or 0.2 percent Nitrofurazone. This procedure must be repeated once a day for five (5) consecutive days.
3.If the stallion is found to be positive based on test mare results and has already been scrubbed and treated immediately following breeding, then the procedures set forth in § 6.10(D)(2) of this Part may be completed if started. However, repeat CEM culturing of the stallion may not be resumed until twenty-one (21) days have elapsed since the final scrubbing and treatment.
4.The attending accredited veterinarian, stallion owner, and state animal health official may also elect to treat the infected stallion with systemic antibiotics, but it is not required.
5.Following topical treatment, and optional systemic treatment if used, the stallion will then be retested by culture (using a separate swab for each site) the prepuce, urethral sinus, fossa glandis, and the distal urethra, beginning no fewer than twenty-one (21) days after the last day of topical antibiotic treatment, and no fewer than seven (7) days after systemic antibiotic treatment. If cultures are negative, the stallion must then be test bred to two qualified mares, as per § 6.11(B) of this Part.
6.Repeat the culture, test mare breeding, and treatment for any positive stallions until negative on all pre-breeding and test mare breeding cultures and CF tests.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.11** Procedures for Test Mares {#sec-250-ricr-40-05-6-6.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.11}
A.All procedures are to be performed by an approved federally accredited veterinarian.
B.Qualify the test mares:
1.Test mares must be permanently identified by hot branding, freeze branding, or tattooing with a capital letter “T,” as applied by APHIS personnel, State authorities, or accredited veterinarians. Brands must be applied on the left shoulder or left neck area and be at least two inches high (lip tattoos must be applied to the insides surface of the upper lip and be at least 1 inch high and 0.75 inches wide).
2.Test mares must be tested and determined to be negative for CEM on culture prior to use.
3.Ensure that each mare has not received systemic antibiotics for at least seven (7) days prior to collecting cultures; and, ensure that each mare has not had topical antimicrobials applied to his external genitalia for at least 21 days prior to collecting cultures. Do not collect cultures if systemic antibiotics were administered within seven (7) days of collection of cultures. Do not collect cultures if topical antimicrobials were applied within twenty-one (21) days of collection of cultures.
4.Culture the clitoral sinuses and clitoral fossa three separate times during a twelve (12) day period, with at least seventy-two (72) hours between sets of cultures. The third set of cultures must include a distal cervix or endometrial swab. Use one swab for the two sinuses and separate swabs for the clitoral fossa and the distal cervix or endometrium. Use dry clean-up or minimal water, if necessary, to remove excess organic debris. Do not scrub or use disinfectant or detergent prior to clitoral sinus or fossa swabs being taken. If the distal cervix or endometrial swab is taken with the final set of swabs, it is acceptable to clean the external genitalia after swabbing the clitoral sinuses and clitoral fossa and before swabbing the distal cervix of endometrium.
5.Test mares must be negative for CEM by Complement Fixation (CF) testing prior to test breeding.
C.Post-breeding testing of qualified mares:
1.Counting the test breeding as day zero, culture the qualified test mares three separate times during a twelve (12) day period beginning on day three (3) post-breeding, with at least seventy-two (72) hours between culture sets.
2.Culture the clitoral sinuses, clitoral fossa, and with the third set of swabs, the distal cervix or endometrium of each test mare. Use one swab for the two sinuses, and separate swabs for the clitoral fossa and the cervix or endometrium.
3.Use dry clean-up or minimal water, if necessary, to remove excess organic debris. Do not scrub or use disinfectant or detergent prior to clitoral sinus or fossa swabs being taken.
4.After collecting the third set of swabs from the clitoral sinuses or fossa, the external genitalia can be scrubbed before swabbing the distal cervix or endometrium.
5.Between day twenty-one (21) and twenty-eight (28) post-breeding of the test mare, submit a serum sample to NVSL for CF testing.
D.Quarantine release of test mares:
1.Test mares must remain in quarantine until negative tests are known for all tests for both mares.
2.If a test mare is positive or non-negative on a CF test or culture, then that test mare shall not be used as a test mare ever again.
3.If a test mare is positive or non-negative on a CF test or culture as a result of post-breeding testing, then both test mares associated with the test breeding shall be treated in accordance with § 6.12(E) of this Part and re-cultured in accordance with § 6.12(C) of this Part below.
4.Negative post-breeding cultures and CF tests on a test mare can serve as the qualifying tests for the test mare to be used again on a subsequent stallion provided that the mare remains in the CEM testing facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.12** Procedure for Imported Mares {#sec-250-ricr-40-05-6-6.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.12}
A.All procedures are to be performed by an approved federally accredited veterinarian.
B.Collect a blood sample and submit to NVSL for CF testing.
C.Culture the mare.
1.Ensure that the mare has not received systemic antibiotics for at least seven (7) days prior to collecting cultures; and, ensure that the mare has not had topical antimicrobials applied to her external genitalia for at least twenty-one (21) days prior to collecting cultures. Do not collect cultures if systemic antibiotics were administered within seven (7) days of collection of cultures. Do not collect cultures if topical antimicrobials were applied within twenty-one (21) days of collection of cultures.
2.Culture the clitoral sinuses and clitoral fossa three separate times during a twelve (12) day period, with at least seventy-two (72) hours between culture sets.
3.For non-pregnant mares, include a swab of the distal cervix or endometrium with the third set. Use one swab for the two sinuses and separate swabs for the clitoral fossa and the cervix or endometrium. Pregnant mares are not required to have the distal cervix or endometrium cultured.
4.Use dry clean-up or minimal water, if necessary, to remove excess organic debris. Do not scrub or use disinfectant or detergent prior to clitoral sinus or fossa swabs being taken. After collecting the third set of swabs from the clitoral sinuses and fossa, the external genitalia can be scrubbed before swabbing the distal cervix or endometrium.
5.Do not begin treatment until culture results are returned. If a laboratory reports that a culture cannot be used, for example if there is overgrowth on the plate or the sample does not arrive at the lab within forty-eight (48) hours, then the mare will need to be re-cultured. If treatment has already begun, then twenty-one (21) days must elapse from the end of treatment until the mare can be re-cultured.
D.Treat the mare for five (5) consecutive days.
1.On day one (1) of treatment:
a.Infuse the clitoral sinuses with a small volume of a ceruminolytic agent (e.g., 5.0-10 ml of Cerumene [Squalene 2.5 percent]) using either a curved tip 12-cc syringe or a syringe attached to a disposable 1-1/3” plastic teat infusion cannula, or bathe the clitoral area with a ceruminolytic agent and infuse the sinuses using digital manipulation. The amount of ceruminolytic agent required will be determined by the difficulty encountered in softening any smegma or other debris sufficiently so that it can be removed as described below.
b.Manually express the smegma (“bean”) from the central sinus of the clitoris by grasping the clitoris between the thumb and forefinger and gently squeezing, while simultaneously pulling down and out. This method should displace the frenulum sufficiently to allow access to the central sinus. The bean, if present, will be dislodged and removed.
c.Flush the sinuses with a small volume (e.g., 5.0-10.0 ml) of two percent (2%) or greater chlorhexidine scrub to remove all residual smegma and ceruminolytic agent.
d.Following flushing, clean and scrub the clitoral sinuses and clitoral fossa area using two percent (2%) or greater Chlorhexidine scrub. Rinse the areas that were scrubbed.
e.After cleaning and rinsing, infuse the sinuses with an antibiotic ointment effective against Taylorella equigenitalis, such as Silver Sulfadiazine or 0.2 percent Nitrofurazone. Infusion can be accomplished by digital manipulation, working the ointment into the sinuses by hand.
f.After infusing the sinuses, coat the entire clitoral area, sinuses, and fossa with the antibiotic ointment.
2.On days two (2) through five (5) of treatment:
a.Clean and scrub the clitoral sinuses and clitoral fossa area using not less than two percent (2%) Chlorhexidine scrub. Rinse the areas that were scrubbed.
b.After cleaning and rinsing, infuse the sinuses with an antibiotic ointment effective against Taylorella equigenitalis, such as Silver Sulfadiazine or 0.2 percent Nitrofurazone. Infusion can be accomplished by digital manipulation, working the ointment into the sinuses by hand.
c.After infusing the sinuses, coat the entire clitoral area, sinuses, and fossa with the antibiotic ointment.
d.Systemic and/or intrauterine antibiotics are not required, but may be used in conjunction with topical treatment at the discretion of the attending accredited veterinarian in consultation with regulatory officials.
e.If all cultures are negative, the mare may be released from quarantine and no further treatment is required. If any culture results are positive or non-negative, the mare must be treated and re-cultured according to § 6.12(E) of this Part before release. All releases will be made in writing by the State Veterinarian or his/her authorized designee.
E.Procedure for Imported Mares Positive for Taylorella equigenitalis.
1.A mare is considered positive when CF test or culture results are positive or non-negative.
2.Treat the mare as described above in § 6.12(D) of this Part.
3.No sooner than twenty-one (21) days after the last topical treatment or intrauterine treatment and seven (7) days after the last systemic treatment (if used), repeat culture sets on the mare as described in § 6.12(C) of this Part.
4.If all culture sets are negative, repeat the treatment steps in § 6.12(D) of this Part. The mare may be released following the last treatment.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.13** Sample Collection and Submission {#sec-250-ricr-40-05-6-6.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.13}
A.All samples are to be collected and submitted by an approved federally accredited veterinarian.
B.All initial samples are to be sent to a National Animal Health Laboratory Network (NAHLN) laboratory approved to conduct CEM testing, or to NVSL. All positive or non-negative samples must be confirmed at NVSL.
C.After obtaining sample, swabs must be immediately placed in Amies transport medium with charcoal (each swab in a single tube) and refrigerated.
D.Approved CEM laboratories shall send a swab of any suspect colonies to NVSL in Amies media with charcoal. If suspect colonies are noted on multiple anatomical locations from the same set of swabs, the approved CEM laboratory shall send a suspect colony from each location in individual Amies media. The original swabs no not need to be sent to NVSL.
E.The swabs that are provided with Amies media are adequate for collection of stallion samples and clitoral fossa samples from mares. Guarded culture swabs must be used for collection of samples from the distal cervix or endometrium of mares. Clitoral sinus samples must be collected with a swab that is small enough to enter the openings of the sinuses.
F.Specimens must be submitted with the name, address, phone number, and fax number of the submitting veterinarian, location of horse, complete animal identification, anatomical location sampled, and date and time of collection.
G.Swabs must be shipped with ice packs by an overnight service provider as identified by the VS Area or Regional Office (or State CEM Coordinator, as applicable) to the APHIS approved CEM diagnostic laboratory.
H.All samples must reach the lab and be plated within forty-eight (48) hours after collection. If arrival of swabs is delayed beyond forty-eight (48) hours after collection, the cultures must be repeated.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.14** Communication {#sec-250-ricr-40-05-6-6.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.14}
A.The Department will identify a State CEM Coordinator. The coordinator may be a State or USDA/APHIS employee. A National CEM Coordinator will be designated by USDA/APHIS. Updates and other communications concerning CEM import testing will be relayed by the National CEM Coordinator, through the VS Regional Import-Export Coordinators (RIECs), to State CEM Coordinators and State Veterinarian.
B.Identification and treatment records at CEM quarantine facilities are to be retained by the State Veterinarian and State CEM Coordinator. Copies are to be provided by the CEM quarantine facility, to the State Veterinarian and State CEM Coordinator by mail, fax, or electronically. The State CEM Coordinator will provide copies to USDA/APHIS. All original records and copies must be retained for a minimum of seven (7) years.
C.If a horse has any positive or non-negative CEM test while in quarantine, the State CEM Coordinator shall notify the appropriate VS RIEC and the State Veterinarian. The RIEC will inform the National CEM Coordinator.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.15** Personnel {#sec-250-ricr-40-05-6-6.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.15}
A.Only approved federally accredited veterinarians may collect diagnostic samples or perform any veterinary procedure on equines that are subject to quarantine. The State Veterinarian will approve federally accredited veterinarians who satisfactorily demonstrate sufficient knowledge about biosecurity and quarantine procedures by performing those procedures in the presence of the State Veterinarian on both mares and stallions.
B.The owner/agent shall train quarantine personnel to care for the animals in quarantine and he/she shall be responsible for their knowledge of and compliance with quarantine requirements. A list of trained personnel will be provided by the quarantine facility on the facility license application and the facility shall amend the list whenever personnel changes are made. Only listed personnel are allowed in the quarantine facility.
C.All personnel entering the quarantine facility shall wear boots that shall be disinfected with a bactericidal/virucidal agent prior to entry and on leaving the quarantine facility.
D.All personnel entering the quarantine facility shall wear protective clothing which shall be available at the entrance of the quarantine facility and which shall be used in the facility, and in the facility only.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.16** Waste {#sec-250-ricr-40-05-6-6.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.16}
A.The attending Accredited Veterinarian shall be responsible for the sterilization of his/her equipment and supplies used in the quarantine facility.
B.All gloves, sleeves, specula and disposable materials used for examination or treatment in the quarantine facility shall be placed in impermeable bags and stored in the quarantine facility until autoclaved or the quarantine is released.
C.No manure or used bedding shall be removed from the quarantine facility until the release of the horses producing same.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.17** Fees {#sec-250-ricr-40-05-6-6.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.17}
A.All costs and charges associated with the importation and quarantine of any equine imported under these regulations will be borne by the animal’s owner or importer.
B.Services provided during regular business hours (8:30 AM to 4:00 PM, Monday through Friday, except State holidays), the average salary, per hour, for the State Veterinarian or USDA Administrator or their designee, as specified in the 9 C.F.R. § 93.301(f)(12), incorporated above at § 6.4(A) of this Part.
C.Services provided outside regular business hours, the applicable rate for overtime, or holiday pay based on the average salary, per hour, for the State Veterinarian or USDA Director or their designee, as specified in the 9 C.F.R. § 93.301(f)(12), incorporated above at § 6.4(A) of this Part.
D.The government rate per mile for all regulatory related automobile travel between the quarantine premise and the State or Federal office that is monitoring the importation and quarantine.
E.The cost of related administrative support services.
F.Reimbursement shall be completed before the equine shall be released from quarantine.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.18** Quarantine Break {#sec-250-ricr-40-05-6-6.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.18}
A.Should any exigent circumstance occur which necessitates the off premise movement of an equine under quarantine, the State Veterinarian shall be notified immediately. In the event that the State Veterinarian cannot be reached, the owner/agent/importer shall notify the equine hospital, or other equine facility that receives the equine, that the equine in question is under quarantine for CEM. The equine shall not be transported off premise to any hospital for treatment, or other facility, unless the quarantine conditions are maintained during transport and housing at the facility that receives the equine.
B.The State Veterinarian shall be notified immediately if any quarantined equine escapes, is removed from the quarantine facility, or dies while under quarantine.
C.The State Veterinarian shall be notified immediately of any unauthorized entry into the quarantine facility.
D.The State Veterinarian shall be notified immediately of any unauthorized contact between a quarantined horse and any other equine not undergoing quarantine.
E.The equine under quarantine shall not be removed from the State of Rhode Island without the prior written approval by both the Rhode Island State Veterinarian and the State Veterinarian in the state of destination.
F.In any instance in which a party is unable to contact the Rhode Island State Veterinarian, the party shall contact the Department of Environmental Management, Division of Law Enforcement Emergency Dispatch Office at 401-222-3070.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.19** Liability {#sec-250-ricr-40-05-6-6.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.19}
The importer/owner shall waive all claim against the United States, the State of Rhode Island and APHIS and any employee of APHIS or of the Department of Environmental Management for damages which may arise from services relating to quarantine procedures. All expenses resulting therefrom or incident thereto shall be the responsibility of the importer/owner.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.20** Violations and Penalties {#sec-250-ricr-40-05-6-6.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.20}
Any person found guilty of violating any provision of R.I. Gen. Laws § 4-4.1-1 et seq. or any regulation adopted thereunder shall be guilty of a misdemeanor and may be fined not more than one thousand ($1,000.00) dollars for each violation. In addition, any person found guilty of operating a CEM quarantine facility in violation of any regulation adopted hereunder may have their license suspended or revoked. Persons denied the issuance or renewal of a license or that have had their license revoked may request an appeal as provided by R.I. Gen. Laws § 42-17.7-1 et seq. and pursuant to DEM’s Rules and Regulations for the Administrative Adjudication Division (Part 10-00-1 of this Title) by presenting a written request for a hearing within thirty (30) days of the applicant party’s receipt of the denial of the issuance or renewal of a license or within twenty (20) days of the party’s receipt of notice of suspension or revocation of license to import. The written request must be received in a timely manner by the clerk of the Administrative Adjudication Division, 235 Promenade Street, Room 350, Providence, RI 02908.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.21** Enforcement {#sec-250-ricr-40-05-6-6.21 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.21}
Any agent of the Department of Environmental Management, Division of Agriculture or the Department of Environmental Management, Division of Law Enforcement, acting in their professional capacity, is duly authorized to enforce these Rules and Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.22** Severability {#sec-250-ricr-40-05-6-6.22 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.22}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-6 § 6.23** Superseded Rules and Regulations {#sec-250-ricr-40-05-6-6.23 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-6#6.23}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of R.I. Gen. Laws § 4-4.1-1 et seq. known as “Importation of Equines, Rules and Regulations Relating to the Importation of Equines from Contagious Equine Metritis Affected Countries” which were adopted 12/30/1999 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-01-30 to 01/04/2022*
- *Amendment — effective from 2020-01-30 to 01/30/2020*
- *Technical Revision — effective from 2018-02-07 to 01/30/2020*
- *Amendment — effective from 2018-02-07 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 02/07/2018*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-40-05-7** Rules and Regulations Governing the Identification of Sheep and Goats
##### **250-RICR-40-05-7 § 7.1** Purpose {#sec-250-ricr-40-05-7-7.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.1}
The purpose of these Rules and Regulations is to ensure that all sheep and goats moving interstate or intrastate, or those residing within the state be identified by a USDA accepted, permanent, official identification prior to any change of ownership or movement off a premises or farm, and that records of this official identification be made available to federal and state health officials upon request. This mandatory identification is required in order to safeguard the public health, animal health and the livestock industry from disease and illness associated with sheep and goats, and to maintain official “State Scrapie Consistent Status” as defined in 9 C.F.R. §§ 54 and 79.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
##### **250-RICR-40-05-7 § 7.2** Authority {#sec-250-ricr-40-05-7-7.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1; Chapter 42-17.6; Chapter 4-4; and Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
##### **250-RICR-40-05-7 § 7.3** Administrative Findings {#sec-250-ricr-40-05-7-7.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.3}
The National Scrapie Eradication Initiative requires that all sheep and goats be officially identified prior to leaving a premises or changing ownership. The implementation of a national animal identification program for sheep and goats will make it more efficient to trace-back the outbreak of disease in an individual animal or group of animals to the original premises, flock or herd for the purpose of protecting animal health and to reduce the threat of global animal disease. This animal identification system will also make it more efficient to conduct a trace-back of exposed animals that were previously moved out of that premises, flock or herd. Livestock health officials will then be able to more rapidly isolate the disease and prevent the spread of disease.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
##### **250-RICR-40-05-7 § 7.4** Application {#sec-250-ricr-40-05-7-7.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.4}
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purpose of all applicable federal and state law.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
##### **250-RICR-40-05-7 § 7.5** Definitions {#sec-250-ricr-40-05-7-7.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.5}
A.“Accredited veterinarian” means a veterinarian approved by the Administrator of APHIS, in accordance with 9 C.F.R. § 161 to perform functions required by State and Federal animal disease-control and eradication programs;
B.“Administrator” means the administrator of APHIS, or any other employee authorized to act for or on behalf of the Administrator;
C.“Animal” means any sheep or goat;
D.“APHIS” means the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture;
E.“Board” means the State Scrapie Certification Board;
F.“Breed associations" or "registries” means organizations which maintain the permanent records of ancestry or pedigrees of animals (including the animal’s sire and dam), individual identification of animals, and ownership of animals;
G.“Certificate” means an official document issued in accordance with 9 C.F.R. § 79.5 by an APHIS representative, State representative, or accredited veterinarian at the point of origin of an interstate movement of animals;
H.“Commingling" or "Commingle" or "Commingled” means animals grouped together and having physical contact with each other, including contact through a fence, but not limited contacts. Commingling also includes sharing the same section in a transportation unit where there is physical contact;
I.“Director” means the Director of the Department of Environmental Management of the State of Rhode Island, or his or her duly authorized representative;
J.“Electronic implant” means any radio frequency identification implant device approved for use in the Scrapie Program by the Administrator. The Administrator will approve an electronic implant after determining that it is tamper resistant, not harmful to the animal, and readable by equipment available to APHIS and State representatives;
K.“Flock" or "Herd” means all animals maintained on a premises that are commingled and all animals under common ownership or supervision on two or more premises with animal interchange between the premises. Two flocks may be maintained on a single premises provided they:
1.Are kept at least 30 feet apart by a double fence at all times while on the premises;
2.Have flock records and identification that are separate;
3.Have separate lambing or kidding facilities, including buildings and pastures (e.g., if lambing or kidding occurs on a pasture-type situation, the pasture used for lambing or kidding by one flock may not be used by the other flock at any time); and,
4.Do not share equipment between the flocks without prior cleaning and sanitation;
L.“Flock plan” means a written flock management agreement signed by the owner of a flock, the accredited veterinarian, if one is employed by the owner, and a State or APHIS representative in which each participant agrees to undertake actions specified in the flock plan to control the spread of scrapie from, and eradicate scrapie in, an infected flock or source flock or to reduce the risk of the occurrence of scrapie in a flock that contains a high-risk or exposed animal. As part of a flock plan, the flock owner must provide the facilities and personnel needed to carry out the requirements of the flock plan. The Flock Plan must comply with all of the requirements of 9 C.F.R. § 54.8;
M.“Flock of origin” means the flock in which an animal most recently resided in which it was either born, gave birth, or was used for breeding purposes. The determination of an animal’s flock of origin may be based either on the physical presence of the animal in the flock, the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evidence, such as registry records;
N.“National animal identification system" or "NAIS” means a national program implemented by the United States Department of Agriculture intended to identify and register all premises associated with the animal agriculture industry and/or to identify all animals and poultry and track them as they come into contact with, or commingle with, animals other than herd-mates or flock-mates from their premises of origin over the course of their lifespan;
O.“Official identification” means a unique, permanent, secure, traceable individual identification, approved by the Board and by APHIS for use in the Scrapie Eradication Program. The following types of identification are approved for the Voluntary Scrapie Flock Certification Program:
1.Tamper-resistant ear tag approved by APHIS for use in the Voluntary Scrapie Flock Certification Program,
2.Flank or ear tattoo (or, in the case of goats registered with the American Dairy Goat Association, tail web tattoo), and,
3.Electronic identification.
P.“Owner” means an individual, partnership, company, corporation or other legal entity that has legal or rightful title a flock or herd of animals, regardless of any liens held on the animals or flocks or herds of origin.
Q.“Premises” means the ground, area, buildings, and equipment occupied by one or more flocks or herds of animals.
R.“Restricted movement feeder animal” means an animal that is less than 18 months of age as evidenced by the eruption of the second incisor, is not pregnant, has never given birth or aborted, is not commingled with breeding animals from other flocks, and will be slaughtered at less than 18 months of age.
S.“Restricted movement certificate” means a board-approved form which accompanies a restricted movement feeder animal that does not have official identification when moved from one premises to another, and which restricts the animal to slaughter channels.
T.“Scrapie” means a non-febrile, transmissible, insidious degenerative disease affecting the central nervous system of sheep and goats. Scrapie, a transmissible spongiform encephalopathy, may cause, but is not limited to causing, the following signs in affected animals:
1.Weight loss despite retention of appetite
2.Behavioral abnormalities
3.Pruritis (itching)
4.Wool pulling
5.Biting at legs or side
6.Lip smacking
7.Motor abnormalities, such as incoordination
8.High-stepping gate of forelimbs
9.Bunny-hop movement of rear legs
10.Blindness
11.Swaying of back end
12.Increases sensitivity to noise and sudden movement
13.Tremor
14.“Star gazing”
15.Head pressing
16.Recumbency
17.It is important to note that not all scrapie-affected animals show all clinical signs;
U.“Slaughter channel” means any animal that is sold, transferred, or moved either directly to a slaughter facility, to an individual for custom slaughter, or for feeding for the express purpose of improving the animals’ condition for movement to slaughter. Any sexually intact animal that is commingled with breeding animals or that has been bred is not in slaughter channels. When selling animals for slaughter, owners should note on the bill of sale that the animals are sold only for slaughter;
V.“Scrapie flock certification program” means the cooperative Federal-State industry voluntary program for the control of scrapie, conducted in accordance with 9 C.F.R. § 54(B) to:
1.Reduce the occurrence and spread or scrapie;
2.Identify flocks that have been free of evidence of scrapie over specified time periods; and,
3.Contribute to the eventual eradication of scrapie.
W.“State veterinarian” means a veterinarian licensed by the State of Rhode Island and employed the Rhode Island Department of Environmental Management.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
##### **250-RICR-40-05-7 § 7.6** Importation {#sec-250-ricr-40-05-7-7.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.6}
A.Official Identification Required. Before leaving a premises to be shipped into or out of the State of Rhode Island, or after a change in ownership, all animals shall be identified with official identification pursuant to 9 C.F.R. §§ 54 and 79 and these regulations.
B.Certificate of Veterinary Inspection Required. All animals imported into the State of Rhode Island must be accompanied by a certificate of veterinary inspection which displays the official identification of the animal, and which was issued by an accredited veterinarian.
C.Certain Imports Prohibited. No animal that is currently designated as scrapie positive, suspect, or high-risk, or that is from a flock that is currently designated as a scrapie source, exposed, infected, or noncompliant flock as defined in 9 C.F.R. § 79.1 may be imported into the State of Rhode Island. Nothing in this section shall prevent the movement of animals for which state importation is prohibited from moving interstate, provided they are being moved interstate for destruction or research as approved by the Administrator.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
##### **250-RICR-40-05-7 § 7.7** Scrapie Eradication Requirements {#sec-250-ricr-40-05-7-7.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.7}
A.Flock Plan. The State of Rhode Island Scrapie Eradication Program is governed by 9 C.F.R. § 54 and 79. All owners are required to file a flock plan with the Director pursuant to and in accordance with 9 C.F.R. § 54.8.
B.Disease Reporting. Any person who knows or reasonable suspects that a flock or individual animal is infected with scrapie must report that knowledge or suspicion to the board immediately.
C.Registration. Any person who buys or sells animals in the State of Rhode Island must register their flocks or individual animals with the Board.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
##### **250-RICR-40-05-7 § 7.8** Identification {#sec-250-ricr-40-05-7-7.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.8}
A.Animals Requiring Official Identification. All animals require official identification prior to being moved into or out of the State of Rhode Island, prior to being commingled with animals from other flocks, and after a change in ownership of a flock or individual animal.
1.Official identification must meet the following criteria:
a.Permanence;
b.Security;
c.Assignment of a unique number from a central repository;
d.Traceability, for which the owner is responsible.
2.Official identification must be through one of the following program-approved means:
a.Official tamper-resistant ear tag
(1)Approved by APHIS for use in a Scrapie Eradication Program;
(2)Approved for use in animals taking part in a Scrapie Flock Certification Program.
b.Official USDA Back Tag
Used on animals going directly to slaughter only.
c.Tattoos
(1)Applied at flank or ear (or in the case of goats registered with the American Dairy Goat Association, at the tail web);
(2)Approved for use in animals participating in a Scrapie Flock Certification Program;
(3)Approved by APHIS in the Scrapie Eradication Program;
(4)Recorded in an animal registry association record book, when the animal is accompanied by a certificate of registration from the association or an owner custody statement.
d.Electronic Identification Implants
(1)Approved for use in animals participating in a Scrapie Flock Certification Program and when accompanied by a certificate of veterinary inspection or an owner statement that includes the chip manufacturer and chip numbers.
(2)Approved for use in animals with a national breed registry association and the electronic ID implant number is recorded by the registry on the registration certificate accompanying that animal.
(3)The animal must be accompanied by an implant reader capable of reading the electronic implant in that animal.
B.Animals Not Requiring Official Identification. A restricted movement feeder animal that has not been designated as scrapie positive, suspect, high-risk, or exposed as defined in 9 C.F.R. § 79.1 may be moved without official identification pursuant to 9 C.F.R. § 79.3), provided that the animal is moved to:
1.A state-approved livestock market that has an official veterinarian and restricts the sale of unidentified animals to slaughter channels in a manner approved by the board; or,
2.A slaughtering establishment, either directly or through market channels; or,
3.A terminal feedlot, either directly or through market channels, when accompanied by a restricted movement certificate.
C.Application of Official Identification.
1.Owners are responsible for applying official identification.
2.For premises identification, the two-letter state abbreviation followed by three numbers ranging from 001 to 999 should be initiated and maintained at the USDA, APHIS, VS, and area office in a State. For example, participating premises in the State of Rhode Island will be identified as RI 001, RI 002, etc., to RI 999. If additional codes are needed, States can use an alphabetical identification system (e.g. AAA, AAB, A01, A02, etc.).
3.Users of Electronic Identification shall:
a.Place the implant above or dorsal to the auricular cartilage; and,
b.Provide an identification certificate when selling electronically identified animals. This certificate must state:
(1)The animal’s date of birth, sex, breed, registration name and number;
(2)The electronic identification number and any secondary identification assigned to the animal; and,
(3)The breeder’s name and street address, including city and state, or township, county and state, and telephone number.
4.The buyer of an animal with electronic identification shall keep the electronic identification certificate with the animal’s records to document receiving electronic identification.
5.Users of ear or flank tattoos shall:
a.Use two separate tattoos:
(1)A five (5) character, alphanumeric premises code assigned by APHIS, as explained above, and,
(2)A legible unique animal number.
b.Apply the premises code in the right ear and individual animal number in the left ear, or place both numbers in each ear, or place both numbers on the right flank in the wool-free area;
c.Animals with breed or registry tattoos require only a premises code tattoo in the right ear or on the right flank. American Dairy Goat Association registration tattoos that have a unique premises ID number may use the registered premises ID in place of a State code.
d.In the case of goats registered with the American Dairy Goat Association, the tattoo may be placed on the tail web.
D.Removal of official identification. No person may tamper with or remove any official identification without prior written permission from the Board.
E.Removal of animals from slaughter channels. No animal that has been sold, moved or transferred into slaughter channels, including an animal in a terminal feedlot, may be removed from slaughter channels. No animal may be removed from slaughtering establishments, or yards immediately contiguous to slaughtering establishments, without first obtaining authorization from a State Veterinarian or an APHIS representative.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
##### **250-RICR-40-05-7 § 7.9** Record Keeping Requirements {#sec-250-ricr-40-05-7-7.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.9}
A.If the person assigned numbers by APHIS for ear tags, back tags, tattoos, or electronic implants is a flock or herd owner, so that the numbers are directly linked to the National Scrapie Database, that person must maintain the following records:
1.Premises identification number or serial numbers;
2.Number of animals identified;
3.Date of identification of animals; and,
4.Name, street address including city and state or township, county and state, and telephone number for the flock of origin, if different from the current flock.
B.If the person applying numbers assigned by APHIS is a veterinarian, animal dealer, extension agent, or other person other than the owner of the flock of origin, that person must maintain the following records:
1.All serial numbers applied to the animal;
2.Any other serial numbers and/or approved identification appearing on the animal, including manufacturer, type, and color of all other official tags;
3.Date that identification was applied;
4.The street address, including the city and state, or the township, county, and state of the premises where the approved ID was applied; and,
5.The name, street address, including city and state, or township, county and state, and the telephone number of the owner of the flock of origin, or, if different, the person who owns or possesses the animals.
C.In addition to §§ 7.9(A) and 7.9(B) of this Part, persons who purchase or otherwise acquire an animal or animals must maintain the following records:
1.Date of purchase or acquisition;
2.Name and street address, including city and state, or township, county and state, of the person from whom the animal(s) were purchased or acquired;
3.Species, breed, and class of the animal(s);
4.Number of animal(s) purchased or acquired; and,
5.Certificate of veterinary inspection.
D.In addition to §§ 7.9(A) and 7.9(B) of this Part, persons who sell or otherwise dispose of an animal or animals must maintain the following records:
1.Date of sale or disposition;
2.Name and street address, including city and state, or township, county and state, of the buyer or person who acquired the animal(s);
3.Species, breed, and class of the animal(s);
4.Number of animal(s) sold or disposed of;
5.Certificate of veterinary inspection, where applicable; and,
6.Official identification number of any animal sold for breeding purposes.
E.All records described herein must be maintained for a period of at least five (5) years and shall be made available for inspection and/or copying by authorized Federal and/or State officials during any reasonable hours or by mutually agreed upon times.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
##### **250-RICR-40-05-7 § 7.10** Severability {#sec-250-ricr-40-05-7-7.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.10}
If any provision of these Rules and Regulations, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the Rules and Regulations shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
##### **250-RICR-40-05-7 § 7.11** Superseded Rules and Regulations {#sec-250-ricr-40-05-7-7.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.11}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of Rules and Regulations Governing the Identification of Sheep and Goats 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 of the enforcement was taken, or application filed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
##### **250-RICR-40-05-7 § 7.12** Violations {#sec-250-ricr-40-05-7-7.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-7#7.12}
The Director of the Department of Environmental Management may make all necessary regulations for the prevention, treatment, cure and extirpation of such disease; and every person who shall fail to comply with any regulation so made shall be guilty of a misdemeanor.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-06-01 to 01/04/2022*
- *Adoption — effective from 2008-06-01 to 06/01/2008*
#### **250-RICR-40-05-8** Rules and Regulations Pertaining to Infectious Diseases of Swine
##### **250-RICR-40-05-8 § 8.1** Purpose {#sec-250-ricr-40-05-8-8.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-8#8.1}
A.The purpose of these Rules and Regulations is to:
1.Permit the importation into Rhode Island of only those swine which are disease free or which originate from herds that have qualified as disease free according to State or Federal Standards.
2.Require the testing of resident Rhode Island swine in an effort to control and/or eradicate swine diseases.
3.Ensure the removal and slaughter of those swine that are determined to be infected with such disease.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-8 § 8.2** Authority {#sec-250-ricr-40-05-8-8.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-8#8.2}
These Rules and Regulations are promulgated pursuant to Chapter 42-17.1, Environmental Management, and Chapters 4-4-12, 4-4-23, and in accordance with Chapter 42-35, Administrative Procedures, of the R.I. Gen. Laws.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-8 § 8.3** Administrative Findings {#sec-250-ricr-40-05-8-8.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-8#8.3}
Swine harboring infectious diseases present a health threat to both the livestock and human populations of Rhode Island. Many swine diseases are not readily detected through physical examination and anamnesis, but require the application of approved laboratory diagnostic procedures by professionally trained and supervised personnel. Therefore, only swine which have been tested negative or originate from qualified negative herds may be allowed entry into Rhode Island. It is necessary that any swine testing positive to such procedures shall be removed for slaughter.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-8 § 8.4** Application {#sec-250-ricr-40-05-8-8.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-8#8.4}
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purpose of state law, goals, and policies. These Regulations shall apply to any person importing or possessing swine into or within the State of Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-8 § 8.5** Definitions {#sec-250-ricr-40-05-8-8.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-8#8.5}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1."Accredited veterinarian" means a veterinarian approved by the Administrator of the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA), to perform functions required by cooperative State-Federal-Industry animal disease control and eradication programs.
2."Breeding swine" means any sexually mature swine.
3."Feeder pigs" means any swine weighing twenty (20) pounds to one hundred (100) pounds inclusive.
4."Grower hogs" means any swine weighing one hundred (100) to two hundred (200) pounds being grown for the purpose of breeding or slaughter.
5."Person" means any person, firm, association, organization, partnership, business trust, corporation or company including but not limited to education and research institutions, zoological gardens, schools, pet stores and laboratories.
6."Slaughter hogs" means any pig over two hundred (200) pounds not being used for breeding.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-8 § 8.6** Testing Swine for Contagious and Infectious Diseases {#sec-250-ricr-40-05-8-8.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-8#8.6}
A.Any person engaged in the growing, breeding, or feeding of swine which are to be used or disposed of elsewhere than on the premises where such swine are grown, shall have all breeding swine tested when and for any disease the State Veterinarian orders. When State or Federal testing standards exist, tests shall be conducted under current Program Standards adopted by the United States Animal Health Association and approved by the Veterinary Services division of the Animal and Plant Health Inspection Service (APHIS), an agency of the U.S. Department of Agriculture (USDA). Such testing shall be performed by or under the direct supervision of a federally accredited veterinarian; a veterinarian employed by the United States Department of Agriculture; or the Rhode Island State Veterinarian.
B.The owner of any herd or animal to be so tested shall provide any necessary assistance and proper restraint for confining the animals for and during the application and diagnosis of said test.
C.Reactor or test positive swine shall be sold for slaughter and removed from the premises under the appropriate State and/or Federal permit within 15 days of the date of identification of a disease. Swine removed for slaughter shall be shipped to a slaughtering establishment where Federal inspection is maintained.
D.Breeding swine, feeder pigs, grower hogs, and slaughter hogs shall be imported only in accordance with current State Import Requirements and/or the current Uniform Methods and Rules Standards as promulgated or approved by the Veterinary Services Division of the Animal and Plant Health Inspection Service (APHIS), an agency of the U.S. Department of Agriculture.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-8 § 8.7** Severability {#sec-250-ricr-40-05-8-8.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-8#8.7}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-40-05-9** Swine Garbage Feeding Permit Requirement
##### **250-RICR-40-05-9 § 9.1** Authority {#sec-250-ricr-40-05-9-9.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-9#9.1}
State of Rhode Island and Providence Plantations Department of Environmental Management Division of Agriculture Adopted pursuant to R.I. Gen. Laws Chapter 42-35, 42-17, and Chapter 4-3, State of Rhode Island Swine Garbage Feeding Permit Requirements Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-9 § 9.2** Purpose {#sec-250-ricr-40-05-9-9.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-9#9.2}
To establish standards for the conditions required for issuance of a garbage feeding permit.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-9 § 9.3** Definitions {#sec-250-ricr-40-05-9-9.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-9#9.3}
A."Boar" means an uncastrated adult male swine.
B."Indoor Confined Housing" means the twenty-four (24) hour continuous confinement of the swine in enclosed buildings.
C."Pig" means a young swine not yet sexually mature.
D."Sheltered Sleeping Area" means a roofed structure providing protection from the elements.
E."Sow" means an adult female swine.
F."Swine" means any member of the Suidae family.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-9 § 9.4** Applicability {#sec-250-ricr-40-05-9-9.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-9#9.4}
A.The entire swine operation of the permit holder at the location must comply with these regulations during the term of the permit.
B.These regulations shall apply to any person or persons who feed garbage other than their own domestic household garbage, to more than four (4) swine.
C.A permit is issued to the person, and applies specifically and only to the particular facility identified on the permit. Any other satellite facilities must have a separate permit for each facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-9 § 9.5** Requirements for a Garbage Feeding Permit {#sec-250-ricr-40-05-9-9.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-9#9.5}
A.The feeding area must be constructed so as to allow for efficient cleaning and disinfection.
B.Concrete or another equally impervious material shall be used as a feeding area base.
C.Feeding areas must be cleaned on a daily basis.
D.The indoor confined housing area and/or the sheltered sleeping area must be constructed and maintained so as to provide swine with a clean, dry and draft free environment.
E.Ventilation in the confined housing area shall be adequate to ensure that swine are maintained in a healthy condition with no evidence of respiratory distress as determined by the state veterinarian or other representative of the Director.
F.Drainage shall be directed away from the swine sleeping areas in order to ensure a dry location for rest.
G.Plans for new or expanded facilities must be submitted to the Director for approval pursuant to these regulations prior to the issuance of a permit if the total operation will exceed one-hundred (100) swine. Plans shall include the following:
1.A written description and drawing of the boundaries of the entire facility delineating the separate areas containing grain-fed swine and garbage-fed swine, if they are kept separated.
2.A written description and drawing of security measures and barriers erected to ensure that there is not a mixing of grain-fed and garbage-fed swine and/or feed, if they are kept separated.
3.A written description and drawing of structures for housing the swine including their location and size and the physical features associated with them. This will include measures taken to assure proper drainage and ventilation.
4.Operating plans for the new or expanded swine garbage feeding process. This will include such things as practices related to production systems, breeding systems, farrowing, management of newborn pigs, manure disposal, pest control, air quality and lighting. An approved operating plan is made a specific condition of obtaining a permit for a new or expanded facility.
5.A description and drawing of the feeding area.
6.Other information that may be pertinent to the particular operation.
H.Heat sufficient to ensure swine comfort must be ensured, as determined by the state veterinarian or livestock expert from the Cooperative Extension program using normal, generally accepted farming procedures.
I.In cases where the facility is segregated into garbage fed swine areas and non-garbage-fed swine areas, the Director or Director's representative shall have inspection access to non-garbage-fed swine areas to ensure compliance.
J.Minimum dimensions for housing of swine shall be as follows:
PER SWINE
INDOOR
KEPT OUTSIDE
Confined Housing
Sheltered Sleeping Area
Sows
20 sq. ft.
12 sq. ft.
Boars
20 sq. ft.
12 sq. ft.
Pigs <40 lbs.
4 sq. ft.
3 sq. ft.
Pigs 41-100 lbs.
5 sq. ft.
3.5 sq. ft.
Pigs 101-150 lbs.
7 sq. ft.
5 sq. ft.
Pigs 151-220 lbs.
10 sq. ft.
6 sq. ft.
K.No swine facility shall exceed the number of Swine unit equivalents for which the permit is issued. Swine unit equivalents are based upon the housing areas described in § 9.5(J) of this Part, and are as follows:
PER SWINE
INDOOR
KEPT OUTSIDE
Confined Housing
Sheltered Sleeping Area
Sows
1.00
1.00
Boars
1.00
1.00
Pigs <40 lbs.
.20
.25
Pigs 41-100 lbs.
.25
.29
Pigs 101-150 lbs.
.35
.42
Pigs 151-220 lbs.
.50
.50
L.Cooking or treatment of garbage. For the protection of public health, the regulations promulgated and standards outlined under the Federal Swine Health Protection Act (7 U.S.C. 3802, 3803, 3804, 3808, 3809, 3811; 7 C.F.R. 2.17, 2.51, and 371.2(d) as amended) are considered equally effective to other means of treatment.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-9 § 9.6** Severability {#sec-250-ricr-40-05-9-9.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-9#9.6}
If any section or provision of these Regulations is held invalid by a court of competent jurisdiction, the remaining Sections or provisions of the Regulations shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-05-9 § 9.7** Consistency {#sec-250-ricr-40-05-9-9.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-05-9#9.7}
No provision of these Regulations shall be construed to prevent enforcement of any other state, federal or local laws and regulations duly adopted for the purpose of protection of the public health or environment.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
### **Subchapter 10** Nursery and Plant Health
#### **250-RICR-40-10-1** Regulations for the Production and Distribution of Nursery Stock
##### **250-RICR-40-10-1 § 1.1** Purpose {#sec-250-ricr-40-10-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-1#1.1}
The following regulations are promulgated establishing standards to maintain the health and vigor of nursery stock offered, or to be offered, for sale when stored and displayed at retail outlets.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-10-1 § 1.2** Storage and Display Conditions {#sec-250-ricr-40-10-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-1#1.2}
A.Balled and burlapped nursery stock shall be maintained by surrounding and covering the earth ball with sawdust, peat, vermiculite, shingle tow or other material not toxic to plants. Such moisture-holding material shall be kept moist at all times.
B.Container-grown nursery stock shall be watered sufficiently to maintain the viability and vigor of such stock and shall be kept under temperature and light-intensity conditions that will permit normal growth.
C.Bare-root nursery stock shall be kept under conditions of temperature and moisture to retard growth and maintain viability. Moisture must be supplied to the root system by high-humidity conditions in storage or by covering the roots with soil or other moisture-holding material not toxic to plants; such moisture-holding material is to be kept moist at all times.
D.Prepackaged nursery stock with roots packaged in moisture-retaining plastic, peat, shingle tow or other moisture-retaining material must be stored and displayed under conditions that will retard etiolated (non-green) or otherwise abnormal growth and will ensure an adequate supply of moisture to the roots at all times.
E.Nursery stock which, by reason of desiccation, damage or other cause, will not grow normally shall be removed from sale by the owner or person in charge of such stock.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-40-10-2** Rules and Regulations Governing the Suppression of White Pine Blister Rust
##### **250-RICR-40-10-2 § 2.1** Purpose {#sec-250-ricr-40-10-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-2#2.1}
A dangerous and injurious plant disease affecting White Pine and plants of the genus Ribes, known as the White Pine Blister Rust, Cronartium ribicola Fischer, is present in this State. The suppression and control of this disease is necessitated within the State by eradicating wild and cultivated currants and gooseberries, and by limiting the planting of cultivated currants and gooseberries, the alternate host plants of the disease.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-12-29 to 01/04/2022*
- *Amendment — effective from 2004-12-29 to 12/29/2004*
- *Periodic Refile — effective from 2001-12-31 to 12/29/2004*
##### **250-RICR-40-10-2 § 2.2** Authority {#sec-250-ricr-40-10-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-2#2.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, Environmental Management, R.I. Gen. Laws § 2-17.9-16, and in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-12-29 to 01/04/2022*
- *Amendment — effective from 2004-12-29 to 12/29/2004*
- *Periodic Refile — effective from 2001-12-31 to 12/29/2004*
##### **250-RICR-40-10-2 § 2.3** Application {#sec-250-ricr-40-10-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-2#2.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-12-29 to 01/04/2022*
- *Amendment — effective from 2004-12-29 to 12/29/2004*
- *Periodic Refile — effective from 2001-12-31 to 12/29/2004*
##### **250-RICR-40-10-2 § 2.4** Severability {#sec-250-ricr-40-10-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-2#2.4}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-12-29 to 01/04/2022*
- *Amendment — effective from 2004-12-29 to 12/29/2004*
- *Periodic Refile — effective from 2001-12-31 to 12/29/2004*
##### **250-RICR-40-10-2 § 2.5** Superseded Rules and Regulations {#sec-250-ricr-40-10-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-2#2.5}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of R.I. Gen. Laws Chapter 42-35 and R.I. Gen. Laws Chapter 2-17.1, 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 the application filed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-12-29 to 01/04/2022*
- *Amendment — effective from 2004-12-29 to 12/29/2004*
- *Periodic Refile — effective from 2001-12-31 to 12/29/2004*
##### **250-RICR-40-10-2 § 2.6** Regulations {#sec-250-ricr-40-10-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-2#2.6}
A.The transportation within the State of Rhode Island or the importation of plants of the genus Ribes is hereby prohibited except as permitted by State and Federal Laws and Regulations. Application for permit to import or transport should be sent to the Department of Environmental Management, Division of Agriculture, 235 Promenade St., Providence, RI 02908. Applications must include the number and genus, species, and cultivar, if applicable, of the plants to be imported or transported, the source of the plants, the name, address and telephone number of the person requesting the permit, the street address of the destination of the plants, and the name, address, and telephone number of the owner of the property of the destination of the plants. Applications shall be accompanied by a fee of fifty dollars ($50.00).
B.Plants of the genus Ribes shall be planted in Rhode Island only after a permit for planting has been obtained from the Rhode Island Department of Environmental Management. Applications must include the number and genus, species, and cultivar, if applicable, of the plants to be planted, the source of the plants, the name, address and telephone number of the person requesting the permit, the street address where the plants will be planted, and the name, address, and telephone number of the owner of the property where the plants will be planted. Applications shall be accompanied by a fee of fifty dollars ($50.00).
C.The cultivated black currant (Ribes nigrum L.) or any variety of this species is hereby declared to be a public nuisance and it shall be unlawful for any person to possess, transport, plant, propagate, sell or offer for sale, plants, roots, scions, seeds or cuttings of these plants in the State of Rhode Island. Such roots, plants, scions, seeds or cuttings may be destroyed by the Director of the Department of Environmental Management or his agents. The planting of flowering currants (Ribes aureum and Ribes odoratum) anywhere in the State is also prohibited.
D.The following towns or parts of towns in the State of Rhode Island have been set aside as White Pine Blister Rust control areas: Burrillville except for the closely built up districts (as defined by Section 1, definition 16 of the Motor Vehicle Laws of Rhode Island, published in 1927) in the village of Pascoag and Harrisville, that part of North Smithfield lying west of the city line of Woonsocket and the State highway known as the Farnum Pike (R-104), Glocester, Foster, Scituate, Coventry, West Greenwich, Goddard Memorial Park in the Town of Warwick and that part of Exeter lying west of the State highway known as Nooseneck Hill Road (R-1A) and the possession and planting of all plants, roots, scions, seeds or cuttings of the genus Ribes in these areas prohibited.
E.Any person violating provisions of these regulations shall be fined not exceeding one hundred dollars ($100.00) as provided in R.I. Gen. Laws § 2-17-15.
F.Outside of the areas mentioned in § 2.6(D) of this Part, any stands of five-leafed pines comprising one acre or more in extent may also be declared white pine blister rust control areas and possession and planting of plants, roots, scions, seeds or cuttings of the genus Ribes within 900 feet of such areas will be prohibited, if in the discretion of the Director, safeguarding of the white pine stand is more important than continued permission to grow Ribes within the said area. Nurseries growing five-leafed pine as nursery stock may safeguard this stock by applying to the Rhode Island Department of Environmental Management to have the nursery set aside as a white pine blister rust control area. Each such application must be considered on its own merits and no general regulation covering all cases can be issued.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-12-29 to 01/04/2022*
- *Amendment — effective from 2004-12-29 to 12/29/2004*
- *Periodic Refile — effective from 2001-12-31 to 12/29/2004*
#### **250-RICR-40-10-3** Rules and Regulations for Out-of-State Honey Bee Quarantine to Prevent Entry of Varroa Mite (Varroa Jacobsoni) into Rhode Island
##### **250-RICR-40-10-3 § 3.1** Purpose {#sec-250-ricr-40-10-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-3#3.1}
To regulate the transport and shipment of live honey bees into and through the State of Rhode Island for the purpose of preventing the introduction of this destructive pest into the State.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-10-3 § 3.2** Authority {#sec-250-ricr-40-10-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-3#3.2}
These regulations are promulgated pursuant to R.I. Gen. Laws Chapters 42-17.1 and 4-12, and in accordance with the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws § 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-10-3 § 3.3** Applicability {#sec-250-ricr-40-10-3-3.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-3#3.3}
The terms and provisions of these rules and regulations shall be liberally construed to permit the Department to effectuate the purpose of state law and policies for the importation of live honey bees.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-10-3 § 3.4** Definitions {#sec-250-ricr-40-10-3-3.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-3#3.4}
A."Brood comb" means wax comb produced by the worker bees in a hive for the purpose of giving a place where the queen can lay her eggs and the larvae and pupae may develop.
B."Caged queen honey bees" means a queen honey bee that has been placed in a receptacle suitable for shipment by common carrier.
C."Hives" means any man-made domicile with removable frames for housing honey bees.
D."Nucleus" means a group of honey bees containing a queen bee and any number of worker bees.
E."Nurse bees" means the worker honey bees normally included with the caged queen honey bee when a nucleus is being shipped.
F."Packaged honey bees" means a group of worker honey bees packaged for shipment to beekeepers in other areas. Usually sold by the pound in from one pound to five pound packages.
G."Varroa mite" means a parasitic mite of honeybees, (Varroa jacobsoni) which has been introduced into the U.S. after being brought into this country from its’ native Asia. While it is nearly invisible to the eye it is one of the larger mites. This mite feeds on the hemolymph (or blood) directly through the body wall of the adult, developing larvae and pupae in the hive causing high mortality. The mite spreads rapidly via movement of colonies during commercial pollination, import of queens and package bees, and bees, and by drifting and robbing worker bees and drones.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-10-3 § 3.5** Pursuant to this Quarantine {#sec-250-ricr-40-10-3-3.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-3#3.5}
A.No honey bees in hives, nuecli or brood comb, including domestic bees that have been transported across state lines for pollination services or honey production, may be imported into Rhode Island from outside the State unless proper steps have been followed to insure against the introduction of Varroa Mites.
B.Caged queen honey bees with nurse bees and packaged honey bees may be imported into Rhode Island from outside the State provided the following conditions are met:
1.Before the honey bees are imported into the state the supplier must notify the Rhode Island Division of Agriculture of the number of cages and the packages that will be shipped and their destination.
2.Prior to shipment, the cage(s) containing queen honey bees and nurse bees must each be treated with an effective control material in accordance with labeled directions for Varroa Mite control, including dosage and exposure time.
3.The cages and packages must be protected from reinfestation and shipped within 48 hours following treatment.
4.The cages and packages must each be accompanied by a certificate, issued by a duly appointed regulatory official from the State, District, Province or Territory of origin, verifying that the treatment has been applied.
5.Upon each shipment, the supplier must send a copy of the certificate to the Rhode Island Division of Agriculture.
C.Any apiary equipment which does not contain live honey bees, including live brood, and which has been vacant of live honey bees for fifteen (15) days or longer will be allowed to enter the State, provided the Rhode Island Division of Agriculture is notified in accordance with R.I. Gen. Laws § 4-12.
D.Similarly, honey bees in hives may be transported through Rhode Island only under the following conditions:
1.Hives must be securely enclosed at all times.
2.Vehicles transporting bees must remain within one mile of the highway of interstate travel.
3.The vehicle operator or other responsible person must report immediately to the Rhode Island Division of Agriculture any release of bees, whether accidental or intentional.
4.Prior to transport, each hive must be treated with an effective control material in accordance with the labeled directions for control of Varroa mite in honey beehives.
5.Following treatment with a properly labeled and effective control material, the hives must be protected from reinfestation and promptly transported.
6.Hives must be accompanied by a certificate, issued by the State, District, Province or Territory of origin verifying that the treatment has been applied.
7.All honey bees and beehive transported through Rhode Island must be completely free of Varroa mites.
8.Hive transporters must notify the Division of Agriculture in writing within one work day prior to shipment through Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-10-3 § 3.6** Violations {#sec-250-ricr-40-10-3-3.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-10-3#3.6}
Any honey bees, used beekeeping equipment or any other regulated articles moved, shipped, or transplanted in violation of this quarantine shall be or otherwise disposed of in accordance with the instructions of the Director as provided in R.I. Gen. Laws § 4-12-10.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
### **Subchapter 15** Pesticides
#### **250-RICR-40-15-1** Rules and Regulations of the Pesticide Relief Fund
##### **250-RICR-40-15-1 § 1.1** Purpose {#sec-250-ricr-40-15-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-1#1.1}
The purpose of the Pesticide Relief Fund as set forth in § 23-25.2-1 for the R.I. Gen. Laws are to establish a fund to provide both emergency relief for pesticide contamination and financial support for pest control methods that reduce or eliminate reliance upon chemical pesticides and, to establish a pesticide relief advisory board to make recommendations to the Director of the Department of Environmental Management regarding the fund and to advise the Director on pesticides and public health dangers associated with their use in this State.”
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-15-1 § 1.2** Authority {#sec-250-ricr-40-15-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-1#1.2}
These regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1 and § 23-25.2-6(a)(1), and in accordance with the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35. R.I. Gen Laws § 23-25.2-6(a)(1), entitled “Rules and Regulations,” requires the Director of the Department of Environmental Management to “develop by rule and regulation the criteria necessary for defining eligible recipients of emergency relief, eligible IPM projects and eligible recipients of IPM grants".
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-15-1 § 1.3** Criteria for Eligible IPM Projects and Eligible Recipients of IPM Grant from the Pesticide Relief Fund {#sec-250-ricr-40-15-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-1#1.3}
A.Definition of "Integrated pest management" means all eligible recipients and IPM projects must Integrated Pest Management (IPM) as defined in § 23-25.2-2 of the R.I. Gen. Laws.
B.Funding Requirements: All eligible recipients an IPM projects must concern problems in Rhode Island.
C.Dates of Funding: All IPM proposals and grants must be for work done for a period of no longer than one (1) year.
D.Eligible Recipients: The Director of the Department of Environmental Management will consider proposals, which include, but are not limited to the following areas:
1.Research grants to Rhode Island institutions of higher learning for IPM research projects in both agricultural and urban pest control;
2.Education grants to Rhode Island environmental organizations, Rhode Island institutions of higher learning, and departments or agencies of government to promote the concept of IPM;
3.Program grants to departments or agencies of both state and local government for IPM, programs in such areas as mosquito abatement, gypsy moth control, and urban pest management in publicly owned buildings;
4.Program grants to private firms and for IPM programs in privately-owned buildings that are open to the general public, such as hospitals, museums, malls and schools;
5.Program grants to farmers for IPM programs on their farms.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-15-1 § 1.7** Amount of Award {#sec-250-ricr-40-15-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-1#1.7}
No IPM grant shall exceed twenty-five percent (25%) of the amount available in the portion of the fund reserved for such grants at the time the grant is awarded.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-15-1 § 1.8** Award of the Director {#sec-250-ricr-40-15-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-1#1.8}
The Pesticide Relief Advisory board shall review each proposal according to its guidelines and make its recommendations to the Director of the Department of Environmental Management. The Director of the Department of Environmental Management shall make the awards after giving due consideration to the recommendations of the Board, the amount in the fund, the eligibility of the applicant and the proposal.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-15-1 § 1.9** Notice of Agreement {#sec-250-ricr-40-15-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-1#1.9}
Those individuals, educational institutions, municipalities or other organizations that are notified that they have been selected to receive IPM funding shall sign an agreement with the Department of Environmental Management specifying the terms conditions of the award.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-15-1 § 1.10** Changes in Agreement {#sec-250-ricr-40-15-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-1#1.10}
Subject to the approval of the Director of the Department of Environmental Management, any changes(s) to be made in the signed agreement, particularly those effecting change(s) in budgetary expenditures, shall require a new agreement reflecting said approved change(s) to be signed between the Department of Environmental Management and the recipient of IPM funding.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-40-15-2** Rules and Regulations Relating to Pesticides
##### **250-RICR-40-15-2 § 2.1** Purpose {#sec-250-ricr-40-15-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.1}
The purpose of these Rules and Regulations is to ensure the enforcement and administration of the Rhode Island Pesticide Control Act and its amendments, the protection of public health and to avoid degradation of the environment of the State. The regulations as herein set forth include, but are not limited to, providing for the collection, examination, and reporting of samples of pesticides or devices; the safe use, handling, transportation, storage, display, distribution, and disposal of pesticides and their containers; provide for labeling requirements of all pesticides; prescribe methods to be used in the application of pesticides; and establish standards of minimum competence levels for applicators of pesticides.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.2** Authority {#sec-250-ricr-40-15-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.2}
A.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 R.I. Gen. Laws § 23-25-1, “Pesticide Control Act”, and in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, the "Administrative Procedures Act".
B.Pursuant to the above cited provisions of the R.I. Gen. Laws, the Department of Environmental Management’s Division of Agriculture & Resource Marketing its Chief and designated agents shall be responsible for carrying out the provisions of these Rules and Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.3** Applicability {#sec-250-ricr-40-15-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.4** Definitions {#sec-250-ricr-40-15-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.4}
A.For the purpose of these regulations, the following terms shall have the following meanings:
1."Director" means the Director of the Department of Environmental Management as defined in R.I. Gen. Laws § 23-25-4.
2."C.F.R." means Code of Federal Regulations published in the Federal Register by the executive department and agencies of the Federal Government of the United States of America.
3."Community water supply" means any public water supply, which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round individuals.
4."Conspicuous points of access" means the usual and customary entrance(s) where people are likely to enter a treated area and observe posted signs pursuant to § 2.24 of this Part.
5."Department" means the Rhode Island Department of Environmental Management.
6."Immediate farm family member" means only the spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers and sisters.
7."Original container" means the package the pesticide or device was placed in by the manufacturer for distribution, sale, consumption, use or storage. The term does not include any shipping or bulk container used for transporting or delivering the pesticide unless it is the only such package.
8."Public health" means the optimal well-being of the general public both individually and collectively as communities of the human race.
9."Public water supply" means a system for the provision of the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days of the year.
10."RIPCA" means R.I. Gen. Laws Chapter 23-25, Rhode Island Pest Control Act.
11."School" means a public or private elementary or secondary school having kindergarten or any of grades one (1) through twelve (12). The term school includes any school building and any area outside of a school (including a lawn, playfield, sports field) that is used, managed or owned by the school or school district for school related activities.
12."School emergency" means an urgent need to mitigate or eliminate a pest that threatens the health or safety of a student or staff member at a school.
13."Service container" means any container, other than the original container of a registered pesticide provided by the registrant, or pesticide application equipment, which contains the original material that is utilized to hold, store, or transport a pesticide concentrate or a pesticide use-dilution preparation.
14."Use of a pesticide" means any act of handling or release of a pesticide or the exposure of public health or the environment to a pesticide, but excluding normal handling associated with pesticide distribution, through acts including but not limited to:
a.Application of a pesticide including mixing or loading of equipment and any required supervisory action in or near the area of application.
b.Storage actions for pesticides and pesticide containers.
c.Disposal actions for pesticides and pesticide containers.
d.Recommendation of a pesticide application; and/or
e.Other activities as defined by the Federal Worker Protection Standard 40 C.F.R. § 156 (2008).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.5** “Restricted Use” and “State Limited Use” Pesticides {#sec-250-ricr-40-15-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.5}
A.“Restricted Use” Pesticides – Any pesticide which is classified as “restricted use” by the administrator of EPA under 7 U.S.C. § 136a(d)(1), or as a “state-limited use” pesticide under the R.I. Gen. Laws § 23-25-9 of the Rhode Island Pesticide Control Act. A listing of such “restricted use” pesticides shall be maintained with the Division of Agriculture.
B.“State Limited Use” Pesticides – In accordance with R.I. Gen. Laws § 23-25-9 of the Rhode Island Pest Control Act, the pesticides contained herein are classified as “state limited use”. As such, the following restrictions and/or conditions of use shall apply:
1.Effective January 31, 1987, all uses, distribution and sale of pesticide products containing Chlordane have been canceled and banned:
a.Products containing Chlordane shall not be distributed or used in the State of Rhode Island.
b.Products containing Chlordane shall not be distributed or offered for sale by any person, dealer, store, or company in the State of Rhode Island.
2.The registration of products containing Alar (daminozide) shall be subject to the requirements “state limited use” effective May 15, 1986.
3.Effective September 1, 2006, the following pesticides shall be classified as “state limited use” pesticides in the State of Rhode Island due to their potential as ground water contaminants:
a.Acetochlor {2-chloro-N-ethoxymethyl-6’-ethylacet-o-toluidide, 2-chlolo-N-(ethoxymethyl)-N-(2-ethyl-6- methylphenyl) acetamide, or related compounds.}
b.Alachlor {2-Chloro-2,6’-diethyl-N-(methoxymethyl)- acetanilide or related compounds}
c.Cyanazine {2-[[4-chloro-6-(ethylamino)1,3,5-triazin-2-yl]amino]-2-methylpropionitrile or related compounds}
d.Metolachlor {2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-methylethyl) acetamide or related compounds}
e.Simazine {2-Chloro-4,6-bis(ethlamino)-s-triazine or related compounds}
f.Dacthal DCPA (dimethyl tetrachloroterephthalate).
4.All applicators must report annually applications of pesticides containing wholly or in part any of the chemicals listed in § 2.5(B)(3) of this Part. At a minimum the following information must be reported:
a.The brand name or trade name of the pesticide;
b.The EPA registration number of the pesticide;
c.The total amount of pesticide applied;
d.The purpose for which the pesticide was applied; including the target pest(s) and the exact location where the pesticide was applied on the property.
e.The name and address of the place of application;
f.The specific field or land area of the application, if different from § 2.5(B)(4)(e) of this Part;
g.If applied to a food crop, the crop to which the application was made; and
h.And the month, day, and year of the application.
5.Pesticides listed in § 2.5(B)(3) of this Part must be applied in accordance with its EPA approved label and the Pesticide State Management Plan, if the Department has developed such a plan. A copy of such plans shall be available for review upon request at the Department’s Bureau of Natural Resource, Agriculture and Resource Marketing. If a plan is not required, then the pesticide must be applied in accordance with its approved EPA label.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.6** Record Keeping Requirements {#sec-250-ricr-40-15-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.6}
A.Dealer Records – Any person issued a dealer’s license is required to keep, for at least two full years, true and accurate records containing the following information:
1.The delivery, distribution, movement, storage, or holding of any “restricted use” or “state limited use” pesticide, including the quantity;
2.The date of shipment, sale and receipt;
3.The EPA registration number;
4.The name of consignor and name and certification number of the consignee.
B.Commercial Applicators – Every commercial applicator is required to keep, for a minimum of two years from the date of application, true and accurate records containing the following information on his or her application of general use, “restricted use”, and “state-limited use” pesticides:
1.The brand names or trade names of the pesticides;
2.The formulation used and the quantity of that formulation used at each site or property, as well as the total amount of the dilution spray applied of each pesticide product, when listed on the pesticide label.
3.The EPA registration number for each pesticide product;
4.The purposes for which the pesticides were applied; the target pest(s) and the exact locations where the pesticide(s) were applied on the property. For spot treatments, list site (e.g. lawn) and “spot treatment.”
5.The month, day, and year of the application;
6.The consignees name and address;
7.Upon completion of the application, the applicator shall leave a detailed invoice at the property treated containing the following information:
a.The product name and EPA Registration Number of the pesticide(s) and the amount applied;
b.The name of the persons certified or licensed by the Department as well as person(s) applying the pesticide under the direct supervision of a certified or licensed commercial applicator who participated in the planning and execution of the application;
c.The applicators certification and/or license number;
d.Any post-application, safety, environment or health instructions specified on the label for the end use product. This information may also be provided to the customer prior to the application; and
e.In the case of pesticide applications made to rights-of-way owned by a Public Agency and/or Utility Companies, this notification shall be made by the applicator(s) to the Utility Company or Public Agency. When requested by adjacent or abutting property owners whose lands abuts the right-of-ways, it will be the responsibility of the Public Agency or Utility Company to provide the information stated in §§ 2.6(C)(8)(a) through (d) of this Part.
8.Termiticide application records shall also include:
a.A diagram of the structure depicting the lower level treated and exterior treatments;
b.The location of the active termite infestation(s) or evidence of an untreated termite infestation, except when applying as a pretreatment application; and
c.Location of known wells, drainage systems, and any water bodies such as streams and ponds located within 100 feet from the treated structure.
C.Private Applicators – Certified private applicators are required to keep, for a period of at least two full calendar years, true and accurate records containing the following information on their yearly use of each “restricted use” and “state limited use” pesticide:
1.The brand name or trade name of the pesticide;
2.The EPA registration number of the pesticide;
3.The amount of pesticide applied;
4.The purpose or target pest(s) for which the pesticide was applied;
5.If the application is made to a crop, a commodity, stored product or site:
a.Name and address of the farm;
b.The specific field or land area of the application;
c.The size of the area treated.
6.The month, day, and year of the application;
7.Name of the applicator applying or supervising the application and certification number;
8.Application records of restricted use pesticides to a total area of less than one-tenth (1/10) of an acre (spot treatments) must include:
a.The brand name or registered name of the pesticide;
b.The EPA Registration Number;
c.The total amount applied;
d.The field location, which must also be designated as a “spot treatment.”
e.The site, crop or commodity;
f.The month, day and year of the application Greenhouse and Nursery Applications are excluded from the spot treatment provisions, if treating less than 1/10 acre.
9.Applications of restricted use pesticides must be recorded no later than 14 days following pesticide applications and must be maintained for 2 years following the application.
D.Records Availability – Records required by §§ 2.6(A) through (C) of this Part shall be made promptly available to the Director, or his designee, upon a reasonable demand.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.7** Categories for Commercial Applicators {#sec-250-ricr-40-15-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.7}
A.The Director may, after a public hearing, add additional categories or subcategories as needed for the certification of commercial applicators.
B.Every commercial applicator who uses or supervises the use of a “restricted use” or “state limited use” pesticide in any of the following categories and subcategories must be certified pursuant to § 2.9 of this Part for that category and sub-category. The categories and sub-categories for commercial applicators are:
2.7.1Category 1: Agricultural Pest Control
A.Category 1A - Plant – This category includes commercial applicators using or supervising the use of “restricted use” or “state limited use” pesticides in the production of agricultural crops, such as feed grains, forage, vegetables, fruits & nuts, as well as on grasslands and non-crop agricultural lands.
B.Category 1B - Animal – This category includes applicators using or supervising the use of “restricted use” or “state limited use” pesticides on animals, such as beef cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock, and to places on or in which animals are confined. Veterinarians and physicians who only apply pesticides as drugs or medication during the course of their normal practice need not become certified (or licensed). This exclusion is not applicable to physicians and veterinarians who apply pesticides for hire, who publicly hold themselves out as pesticide applicators, or who engage in large-scale use of pesticides in this category.
2.7.2Category 2: Forest Pest Control
This category includes commercial applicators using or supervising the use of “restricted use” or “state limited use” pesticides in forests, forest nurseries, and forest seed producing areas.
2.7.3Category 3: Ornamental and Turf Pest Control
A.This category includes applicators using or supervising the use of “restricted use” or “state limited use” pesticides as stated in the sub-categories below:
1.Category 3A - Shade Tree (Arborist) – Applicators using or supervising the use of pesticides in the maintenance and production of ornamental trees.
2.Category 3B - Custom Grounds – Applicators using or supervising the use of pesticides in the maintenance and production of ornamental shrubs, flowers and turf.
3.Category 3C - Interior Scape - Applicators using or supervising the use of pesticides in the maintenance and production of plants inside buildings.
2.7.4Category 4: Seed Treatment
This includes commercial applicators using or supervising the use of “restricted use” or “state limited use” pesticides on seeds.
2.7.5Category 5: Aquatic Pest Control
A.This category includes applicators using or supervising the use of “restricted use” or “state limited use” pesticides as stated in the sub-categories below:
1.Category 5A - Aquatic Weed Control: This category includes commercial applicators using or supervising the use of “restricted use” or “state limited use” pesticides purposefully applied to standing or running water such as lakes, ponds, reservoirs, rivers and streams for the purpose of controlling aquatic weed and insect pests. Applicators engaged in public health related activities included in Category 8 (§ 2.7.8 of this Part) are excluded.
2.Category 5B - Anti-Fouling Paints: This category includes applicators and/or employees of commercial boatyard facilities engaged in the construction, storage, maintenance, repair or refurbishing of vessels who are applying anti-fouling paints.
3.Category 5C - Sewer Root Control: Applicators using or supervising the use of pesticides in the maintenance of sewer line and wastewater plant systems.
2.7.6Category 6: Right-of-Way Pest Control
This category includes commercial applicators using or supervising the use of “restricted use” or “state limited use” pesticides in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way of other similar areas.
2.7.7Category 7: Industrial, Structural and Health Related Pest Control
A.This category includes applicators using or supervising the use of “restricted use” or “state limited use” pesticides as stated in the sub-categories below:
1.Category 7A - General Pest – Applicators who use or supervise the use of pesticides for the control of general household pests such as fleas, cockroaches, bedbugs, ants, ticks, chiggers, mites, rats, mice, yellow jackets, hornets.
2.Category 7B - Termite and Structural Pest – Applicators who use or supervise the use of pesticides for control of termites, carpenter ants, powder post beetles, dry rot and other wood destroying organisms.
3.Category 7C - Fumigation – Applicators who use or supervise the use of pesticides that vaporize, or are in a gaseous phase, and kill by action of a toxic gas in houses, warehouses, box cars, etc.
4.Category 7D - Vertebrate – Applicators who use or supervise the use of pesticides for the control of bats, birds, etc.
5.Category 7E - Mosquitoes and Biting Flies – Applicators who use or supervise the use of pesticides for the control of such biting or stinging arthropods such as mosquitoes, and black flies, horseflies.
6.Category 7F - Food Processing Pest Control – Applicators who use or supervise the use of pesticides to control pests in, on or around food processing plants which may include, but not be limited to bakeries, dairy product processing plants, canning and frozen food packing, confection manufacturing and meat product processing plants.
2.7.8Category 8: Public Health Pest Control
This category includes State, Federal or other government employees using or supervising the of “restricted use” or “state limited use” pesticides in public health programs for the management and control of pests having medical and public health importance.
2.7.9Category 9: Regulatory Pest Control
This category includes State, Federal or other government employees who use or supervise the use of “restricted use” or “state limited use” pesticides in the control of regulated pests.
2.7.10Category 10: Demonstration and Research Pest Control
A.This category includes:
1.Category 10A - Individuals who demonstrate the proper use and techniques of application of “restricted use” or “state limited use” pesticides or supervise such demonstrations, including extension specialists and county agents, sales representatives demonstrating pesticide products, and those individuals demonstrating methods used in public programs and
2.Category 10B - Persons conducting field research with “restricted use” or “state limited use” pesticides, and, in doing so, use or supervise the use of “restricted use” or “state limited use” pesticides including extension specialists and county agents, State or Federal, commercial and other persons conducting field research on or utilizing pesticides.
2.7.11Category 11: Wood Preservation
A.This category includes applicators using or supervising the use of “restricted use” or “state limited use” pesticides as stated in the subcategories below:
1.Category 11A - Pole Treatment – Applicators who use or supervise the use of pesticides for the control of fungi, and insects to utility poles and posts.
2.Category 11B - Pressure Treatment – Applicators who use or supervise the use of pesticides to preserve wood either by utilizing pressure and non-pressure processes to control fungi and insects.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.8** Commercial Applicator Certification Procedure {#sec-250-ricr-40-15-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.8}
A.Each person engaged in the application of any “restricted use” or “state limited use” pesticide” as a commercial applicator shall possess a valid commercial applicator certificate issued by the Director, except that a person who is applying a “restricted use” or “state limited use” pesticide under the direct supervision of an appropriately certified commercial applicator shall not be required to possess such a certificate.
B.Application for certification shall be filed with the Department on forms supplied by the Department, and shall contain such information, as the Director shall require.
C.A fee of $45.00 shall be charged prior to the issuance of the initial certification document and at the time of each annual renewal or re-certification thereafter.
D.A certification document shall be valid for a period beginning with the actual date of issuance and ending on January 31st, unless it has been revoked or suspended prior thereto by the Director for cause;
E.Competence in the use and handling of pesticides by commercial applicators, who wish to become certified shall be determined on the basis of written examinations, and, as appropriate, performance testing, based upon standards set forth in §§ 2.10 and 2.11 of this Part. Such examination and testing shall include the general standards applicable to all categories and the additional standards specifically identified for each category or sub-category in which an applicator is to be classified under § 2.8 of this Part.
F.A person shall not be determined certifiable in any category or sub-category until such person passes the required examinations as provided by § 2.8(B) of this Part.
G.Any person who has failed to renew their commercial certification within a year of their certification expiration date shall regain their certification solely by reexamination. Such re-examination shall include the required core exam plus any categories for which certification was previously held. Persons who have failed to renew their commercial certification beyond one year of their certification expiration date shall regain their certification by attending the training course and by taking the exam for the commercial core and for any categories for which certification was previously held.
H.Commercial applicators shall cooperate with the Department requests to observe spraying operations, to inspect equipment, to inspect pesticide related records, to inspect business premises and to conduct pesticide related sampling.
I.The Director may deny certification or may suspend, revoke, or otherwise modify a certificate once issued for reasons including any of the following:
1.That the applicant made a false or misleading statement in the application for certification;
2.That the applicant or certificate holder has violated any provision of the Rhode Island Pest Control Act or regulations promulgated thereunder;
3.That the applicant or certificate holder does not have in effect or fails to maintain in effect financial responsibility in the amounts specified in § 2.22 of this Part.
4.That the applicant or certificate holder uses or applies a pesticide, excluding pesticides for which an EPA experimental use permit has been issued, which has not been duly registered under the provisions of R.I. Gen. Laws § 23-25-6.
J.No person under eighteen (18) years of age shall be eligible for certification as a commercial applicator or be eligible to apply pesticides under the direct supervision of a certified applicator.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.9** General Standards for all Categories and Subcategories of Commercial Applicators {#sec-250-ricr-40-15-2-2.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.9}
A.All commercial applicators must demonstrate practical knowledge of the principles and practices of pest control and safe use of pesticides. Testing shall be based on examples of problems and situations appropriate to the particular category or sub-category, if any, in which the applicant wishes to be certified in the following areas:
1.Label and Labeling Comprehension
a.General format and terminology;
b.Understanding of instruction, warnings, terms, symbols, and other information commonly appearing on pesticide labels;
c.Classification of the products, general or restricted; and
d.Necessity for use consistent with the label, or as otherwise allowed by interpretation or regulations.
2.Safety
a.Pesticide toxicity and hazard to human health and common exposure routes;
b.Common types and causes of pesticide accidents;
c.Precautions necessary to guard against injury to applicators and other individuals in or near treated areas;
d.Need for and use of protective clothing and equipment;
e.Symptoms of Pesticide poisoning;
f.First aid and other procedures to be followed in case of a pesticide accident; and
g.Proper identification, storage, transport, handling, mixing procedures and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.
3.Environment - The potential environmental consequences of the use and misuse of pesticides as may be influenced by such factors as:
a.Weather and other climatic conditions;
b.Types of terrain, soil or other substrate;
c.Presence of fish, wildlife and other non-target organisms; and
d.Groundwater and surface water drainage patterns.
4.Pests
a.Common features of pest organisms and characteristics of damage needed for pest recognition;
b.Recognition of relevant pests; and
c.Pest development and biology as it may be relevant to problem identification and control.
d.Knowledge of Integrated Pest Management (IPM) practices and procedures.
e.Non-chemical procedures or sets of procedures where available that could substitute for a pesticide or decrease the amount required.
5.Pesticides
a.Types of pesticides;
b.Types of formulations;
c.Compatibility, synergism, persistence and animal and plant toxicity of the formulations;
d.Hazards and residues associated with use;
e.Factors which influence effectiveness or lead to such problems as resistance to pesticides; and
f.Dilution procedures.
g.Residues associated with use.
6.Equipment
a.Types of equipment and advantages and limitations of each type; and
b.Uses, maintenance and calibration.
7.Application Techniques
a.Methods of procedures used to apply various formulations of pesticides, solutions, and gases, together with a knowledge of which technique of application to use in a given situation;
b.Relationship to discharge and placement of pesticides to proper use, unnecessary use, and misuse; and
c.Prevention of drift and pesticide loss into the environment.
8.Laws and Regulations Applicable State and Federal Laws and Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.10** Specific Standards of Competency for Each Category and Sub-category of Commercial Applicators {#sec-250-ricr-40-15-2-2.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.10}
Commercial applicators in each category shall be particularly qualified with the respect to the specific standards elaborated.
2.10.1Agricultural Pest Control
A.Plant – Applicators must demonstrate practical knowledge of crops grown and the specific pests of those crops on which they may be using “restricted use” or “state limited use” pesticides. The impact of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. Practical knowledge is required concerning soil and water problems, pre-harvest intervals, re-entry intervals, phytotoxicity, and potential for environmental contamination, non-target injury and community problems resulting from the use of “restricted use” or “state limited use” pesticides in agricultural areas.
B.Animal – Applicators applying pesticides directly to animals must demonstrate practical knowledge of such animals and their associated pests. A practical knowledge is also required concerning specific pesticide toxicity residue potential, since host animals will frequently be used for food. Further, the applicator must know the relative hazards associated with such factors as formulation, application techniques, age of animals, stress and extent of treatment.
2.10.2Forest Pest Control
Applicators shall demonstrate practical knowledge of types of forests, forest nurseries, and seed production in their state and the pests involved. They should possess practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. A practical knowledge is required of the relative biotic agents and their vulnerability to the pesticides to be applied. Because forest stands may be large and frequently include natural aquatic habitats and harbor wildlife, the consequences of pesticide use may be difficult to access. The applicator must therefore demonstrate practical knowledge of control methods, which will minimize the possibility of secondary problems such as unintended effects on beneficial insects, fish, birds and wildlife. Proper use of specialized equipment must be demonstrated, especially as it may relate to meteorological factors and adjacent land use.
2.10.3Ornamental and Turf Pest Control
A.Shade Tree – Applicators shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental and shade trees, including cognizance of potential phytotoxicity due to a wide variety of plant material, drift, and persistence beyond the intended period of pest control. Because of the frequent proximity of human habitations to application activities, applicators in this sub-category must demonstrate practical knowledge of application methods, which minimize or prevent hazards to humans, pets, and other domestic animals, wells and water bodies.
B.Custom Grounds – Applicators shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of shrubs, plantings, and turf, including cognizance of potential phytotoxicity due to a wide variety of plant material, drift, and persistence beyond the intended period of pest control. Because of the frequent proximity of human habitations to application activities, applicators in this sub-category must demonstrate practical knowledge of application methods, which will minimize or prevent hazards to humans, pets, and other domestic animals, wells and water bodies.
C.Interior Scape – Applicators shall demonstrate a practical knowledge of pesticide problems associated with the production and maintenance of indoor plantings maintained for aesthetic purposes, including cognizance of potential phytotoxicity due to a wide variety of plant material, drift, and persistence beyond the intended period of pest control. Since human exposure including babies, children, pregnant women and elderly people is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this subcategory.
D.Seed-Treatment – Applicators shall demonstrate practical knowledge of types of seeds that require chemical protection against pests and factors such as seed coloration, carriers, and surface active agents, which influence pesticide binding and may affect germination. They must demonstrate practical knowledge of hazards associated with handling, sorting and mixing, and misuse of treated seed such as introduction of treated seed into food and feed channels, as well as proper disposal of unused treated seeds.
2.10.5Aquatic Pest Control
A.Aquatic Weed Control – Applicators shall demonstrate practical knowledge of the secondary effects which can be caused by improper application rates, incorrect formulations, and faulty application of “restricted use” or “state limited use” pesticides used in this category. They shall demonstrate practical knowledge of various water use situations and the potential of downstream effects. Further, they must have practical knowledge concerning potential pesticide effects on plants, fish, birds, beneficial insects and other organisms which may be present in aquatic environments. These applicators shall demonstrate practical knowledge of the principles of limited area application.
B.Anti-Fouling Paints – Applicators shall demonstrate practical knowledge of the fouling control mechanism of anti-fouling paints and the various factors that can affect anti-fouling performance. In addition, applicators must be familiar with and understand the effect of anti-fouling paints on non-target organisms and the concept of spill management. Knowledge of special application practices and understanding of the effects of improper or unnecessary use of anti-fouling paints are required for the applicator and are essential for the applicator and the environment.
C.Sewer Root Control – Applicators shall demonstrate practical knowledge of pesticides used for the maintenance of sewer lines and wastewater plant systems.
2.10.6Right-of-Way Pest Control
Applicators shall demonstrate practical knowledge of wide variety of environments, since rights-of-way can transverse many different terrains, including waterways. They shall demonstrate practical knowledge of problems on runoff, drift, and excessive foliage destruction and ability to recognize target organisms. They shall also demonstrate practical knowledge of the nature of herbicides and the need for containment of these pesticides within the right-of-way area, and the impact of their application activities in the adjacent areas and communities.
2.10.7Industrial, Institutional, Structural and Health Related Pest Control
A.General Pest – Applicators must demonstrate a practical knowledge of a wide variety of pests, rats and mice, including their life cycles, types of formulations appropriate for their control, and methods of application that avoid contamination of habitat, and exposure of people and pets. Since human exposure, including babies, children, pregnant women, and elderly people, is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this sub-category. Because health related pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions, particularly related to this activity.
B.Termite and Structural Pest – Applicators must demonstrate a practical knowledge of a wide variety of wood destroying organisms, including their life cycles, types of formulations appropriate for their control, and methods of application that avoid contamination of food, wells, damage and contamination of habitat, and exposure of people and pets. Since human exposure, including babies, children, pregnant women, and elderly people, is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this sub-category.
C.Fumigation – Applicators must demonstrate a practical knowledge of a wide variety of pests, including their life cycles, types of fumigation materials appropriate for their control, and methods of application that avoid contamination of habitat, and exposure of people and pets. Since human exposure is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this sub-category.
D.Vertebrate – Applicators must demonstrate a practical knowledge of rodents and birds including their life cycles, types of formulations appropriate for their control, and methods of application that avoid contamination of food, damage and contamination of habitat, and exposure of people and pets. Since human exposure, including babies, children, pregnant women, and elderly people is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this sub-category. Because vertebrate pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions, particularly related to this activity.
E.Mosquitoes and Biting Flies – Applicators must demonstrate a practical knowledge of a variety of pests, including their life cycles, types of formulations appropriate for their control, and methods of application that avoid contamination of habitat, and exposure of people and pets. Since human exposure is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this sub-category. Because a health related pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions, particularly related to this activity.
F.Food Processing Pest Control – Applicators shall demonstrate practical knowledge of a wide variety of pests, including their life cycles, types of formulations appropriate for their control and method of application that avoids contamination of food, food processing equipment and packaging materials, damage and contamination of the processing area and exposure to people. Since human exposure, including pregnant women and elderly people may be a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition including any continuous exposure in the various situations encountered in this subcategory.
2.10.8Public Health Pest Control
Applicators shall demonstrate practical knowledge of vector-disease transmission as it relates to and influences application programs. A wide variety of pests are involved and it is essential that they be known and recognized, and appropriate life cycles and habitats be understood as a basis for control strategy. These applicators shall have practical knowledge of a great variety of environments ranging from streams to those conditions found in buildings. They should also have practical knowledge of the importance and employment of such non-chemical control methods as sanitation, waste disposal and drainage.
2.10.9Regulatory Pest Control
Applicators shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of pests, and the potential impact on the environment of “restricted use” or “state limited use” pesticides used in suppression and eradication programs. They shall demonstrate knowledge of factors influencing introduction, spread, and population dynamics of relevant pests. Their knowledge shall extend beyond that required by immediate duties, since their services are frequently required in other areas of the country where emergency measures are invoked to control regulated pests and where individual judgements must be made in new situations.
2.10.10Demonstration and Research Pest Control
Persons demonstrating the safe and effective use of pesticides to other applicators and the public will be expected to meet comprehensive standards reflecting a broad spectrum of pesticide uses. Many different pest problem situations will be encountered in the course of activities associated with demonstration, and practical knowledge of problems, pests, and population levels occurring in each demonstration situation is required. Further, they should demonstrate an understanding of pesticide-organism interactions and the importance of integrating pesticide use with other control methods. In general, it would be expected that applicators doing demonstration pest control work possess a practical knowledge of all the standards detailed in the General Standards. In addition, they shall meet the specific standards required for categories §§ 2.10.7(A) through (F) of this Part as may be applicable to their particular activity. Persons conducting field research or method improvement work with “restricted use” or “state limited use” pesticides should be expected to know the General Standards. In addition, they shall be expected to know the specific standards required for §§ 2.10.7(A) through (F) of this Part, applicable to their particular activity, or alternatively, to meet the more inclusive requirements listed under “Demonstration”.
2.10.11Wood Preservation
A.Applicators must demonstrate a practical knowledge of a wide variety of wood destroying organisms such as fungi and insects, including but not limited to their life cycles, types of formulations appropriate for their control, and methods of application that avoid contamination of wells or water bodies, damage and contamination of habitat, and exposure of people and pets. Because human exposure can be a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this sub-category:
1.Pole Treatment – Applicators who use or supervise the use of pesticides must demonstrate a practical knowledge of the control of fungi, and insects to utility poles and posts.
2.Pressure Treatment – Applicators who use or supervise the use of pesticides in this sub-category must demonstrate a practical knowledge of wood preservation by either utilizing pressure and non-pressure processes to control fungi and insects.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.11** Private Applicator Certification Procedure {#sec-250-ricr-40-15-2-2.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.11}
A.Each person engaged in the application of any “restricted use” or “state limited use” pesticide as a private applicator shall possess a valid private applicator certificate issued by the Director, except that a person who is applying a restricted-use or limited use pesticide under the direct supervision of an appropriately certified applicator shall not be required to possess such a certificate.
B.Application for certification shall be filed with the Department on forms supplied by the Department, and shall contain such information as the Director shall require.
C.A fee of $20.00 shall be charged prior to the issuance of the initial certification document and at the time of each annual renewal or re-certification thereafter.
D.A certification document shall be valid for a period beginning with the actual date of issuance and ending on December 31st, unless it has been revoked or suspended prior thereto by the Director for cause.
E.Competence in the use and handling of pesticides by private applicators who wish to become certified shall be determined primarily on the basis of written examinations. Oral examinations and performance testing may be utilized in conjunction with, and not in lieu of, written examinations. Such examinations and testing shall be based upon standards set forth in § 2.13 of this Part.
F.A person shall not be determined certifiable as a private applicator until such person passes the required examinations as provided by § 2.11(E) of this Part.
G.Any person who has failed to renew their private certification within a year of their certification expiration date shall regain their certification solely by reexamination. Such re-examination shall include the required core exam and commodity exams for which certification was previously held. Persons who have failed to renew their private certification beyond one year of their certification expiration date shall regain their certification by both attending the private core training course and taking the exam for the private core and commodity exams for which certification was previously held.
H.No person under eighteen (18) years of age shall be eligible for certification as a private applicator.
I.Private applicators shall cooperate with the Department requests to observe spraying operations, to inspect equipment, to inspect pesticide related records, to inspect pesticide storage area and to conduct pesticide related sampling.
J.The Director may deny certification or may suspend, revoke, or otherwise modify a certification once issued for reasons including the following:
1.That the applicant made a false or misleading statement in the application for certification;
2.That the applicant or certificate holder has violated any provisions of the RIPCA or regulations promulgated thereunder;
3.That the applicant or certificate holder uses or applies a pesticide, excluding pesticides for which an EPA experimental use permit had been issued, which as not been duly registered under the provisions of R.I. Gen. Laws § 23-25-6.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.12** Standards of Competency for Private Applicators {#sec-250-ricr-40-15-2-2.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.12}
A.Private applicators must show that he or she possesses a practical knowledge of the pest problems and pest control practices associated with his or her agricultural operations; proper storage, use, handling and disposal of the pesticides and containers; and his or her related legal responsibility appropriate to 40 C.F.R. § 171.5(a) (2017). This practical knowledge includes the ability to:
1.Recognize common pests to be controlled and damage caused by them.
2.Read and understand the label and labeling information including the common name of pesticides they applied; pest(s) to be controlled, timing and methods of application; safety precautions; and pre-harvest or re-entry restriction; and any specific disposal procedures.
3.Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances taking into account such factors as area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation.
4.Recognize local environmental situations that must be considered during application to avoid contamination.
5.Recognize poisoning symptoms and procedures to follow in case of a pesticide accident.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.13** Pesticide Registration {#sec-250-ricr-40-15-2-2.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.13}
A.No out-of-state manufacturer, producer, or distributor shall offer a pesticide for (Retail) sale in Rhode Island through mail order catalogues, direct mail, electronic or other media or advertising without first registering that pesticide according to the provisions of R.I. Gen. Laws § 23-25-6.
B.Pesticide products which have the same formula, the same EPA registration number, are manufactured and distributed by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same pesticide product may be registered as a single pesticide product; and additional names and labels shall be added by supplement statements during the current period of registration.
C.If during the current registration period, the manufacturer or producer changes or alters any part of the active ingredient statement of a pesticide product registered with the Director, they must register the pesticide product as a new product whether or not it receives a new EPA registration number.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.14** Experimental Use Permits {#sec-250-ricr-40-15-2-2.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.14}
A.Any person who intends to use a pesticide, for which an experimental use permit had been issued by EPA pursuant to Section 5(a) of FIFRA, in Rhode Island, shall, prior to its shipment to and/or use in Rhode Island notify the Director of their intent and shall apply for permission to do so. The applicant shall supply the Director with the following information:
1.Type of product
2.Name of product
3.Name and address of permittee
4.Active ingredient name and percentage
5.Inert ingredient percentage
6.Experimental permit no.
7.Complete label and labeling
8.Amount to be used
9.Names and addresses of applicators involved
10.Application sites or locations
11.Efficacy, and/or toxicological studies or data
12.Such other information as the Director deems necessary to protect public and the environment
B.Any person who (after having received permission from the Director to do so) uses and/or applies a pesticide, for which EPA has issued an experimental use permit, shall submit to the Director within six months a report on the results of such use and/or application.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.15** Certification Documents {#sec-250-ricr-40-15-2-2.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.15}
A.Certified Commercial Applicators
1.Commercial applicators may be issued certification documents only after they have paid the required fee and successfully complied with the procedure set forth in § 2.9 of this Part.
2.The Director shall issue a wallet size certification document with the following information:
a.Applicator’s name,
b.Address,
c.Certification number,
d.Expiration date,
e.Categories of certification,
f.Place for applicator’s signature.
3.The wallet size document shall be on the applicator’s person at all times when applying a general use, “restricted use” or “state limited use” pesticide. This document will also be utilized by the applicator as a means of identification for his purchase of “restricted use” or “state limited use” pesticides.
B.Certified Private Applicators
1.Private applicators may be issued certification documents only after they have paid the required fee and have successfully completed the procedure set forth in § 2.12 of this Part.
2.The Director shall issue a wallet size certification document with the following information:
a.Applicator’s name,
b.Address,
c.Certification number,
d.Expiration date,
e.Categories or certification,
f.Limitations,
g.Place for applicator’s signature.
3.The wallet size document shall be on the applicator’s person at all times they are using a general use, “restricted use” or “state limited use” pesticide. This document will also be utilized by the applicator as a means of identification for his purchase of “restricted use” or “state limited use” pesticides.
C.All sales of “restricted use” or “state limited use” pesticides are limited to those who are certified or those who have been authorized by a certified applicator to purchase the same. Authorization to purchase “restricted use pesticides” where purchase authority has been delegated by a certified applicator shall be in such form and contain such information as may be prescribed by the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.16** Maintenance of Pesticide Certification and Licensing {#sec-250-ricr-40-15-2-2.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.16}
A.All licensed and certified pesticide applicators are required to maintain competency in the use and application of pesticides. Every five years from the date of their license or certification, licensed and certified applicators must demonstrate competency by either re-examination, or by accruing the required number of credit hours through continuing education as specified for each license and certification in § 2.16(B) of this Part in order to:
1.Ensure that they continue to meet the requirements of changing technology, covering uses for which they are certified or licensed;
2.Assure that they maintain a continuing level of competence and ability to use pesticides safely and properly covering uses for which they are certified or licensed; and
3.Acquaint them with changes in Federal and State regulations.
B.Credit Hours – A standard number of credit hours will be required within every five years beginning from the date the applicators receive their initial license or certification in order for an applicator to maintain their license or certification as an applicator of pesticides. Recertification credits must be obtained by attendance at a Department approved training program. The total number of recertification credits required for each license or certification category are as follows:
1.Private Certification – Six (6) Credit Hours every five years.
2.Commercial License – Eight (8) Credit Hours every five years.
3.Commercial Certification – Eight (8) Credit Hours Per Category every five years. One credit hour equals fifty (50) consecutive minutes of continuing education training.
C.Standard for Continuing Education – The following standards will assist the licensed or certified pesticide applicator in selecting an appropriate program and the provider of education in planning and implementing continuing education programs. The over-riding consideration in determining whether a specific program qualifies as acceptable continuing education is that it be a planned program of learning which contributes directly to the professional competence of a licensed pesticide applicator.
1.Amount
a.Fifty (50) consecutive clock minutes is equivalent to one credit hour.
b.One continuing education credit unit (CEU) equals ten credit hours.
c.One semester hour equals fifteen (15) credit hours.
2.Continuing Education Provider Standards
a.Course Objectives: Objectives shall be written and be the basis for determining content, learning experience, teaching methodologies, and evaluation.
b.Subject Matter: Appropriate subject matter for continuing education purposes shall include, but not be limited to, one or more of the following:
(1)Applicable State and Federal Laws and Regulations;
(2)Integrated Pest Management;
(3)Non-chemical Alternatives;
(4)Ground Water or Surface Water Protection;
(5)Endangered Species;
(6)Pesticide Impact on Human Health;
(7)Pesticide Impact on beneficial insects, fish, birds and wildlife
(8)Label and Labeling Comprehension;
(9)Acute and Chronic Toxicity;
(10)Biological Control;
(11)Subject matter which improves competency and is not specified on the foregoing list.
c.Employees orientation or in-service presentations concerning standard operating procedures specific to the employing agency shall not be accepted for continuing education purposes.
d.Subject matter shall be described in outline form and shall include course objectives, content, time allotment, faculty and evaluation format.
e.Continuing Education providers must notify the Department a minimum of fourteen (14) days in advance of offering credit hours, location(s) and contact persons.
3.Method of Obtaining Credit Hours: workshops, lectures and seminars provided by trade associates, companies, and educational institutes are acceptable for obtaining continuing education credit hours. Continuing education credit hours may also be obtained from an academic institution, a self-study or correspondence course, and for teaching and/or publishing activities provided the following standards are adhered to:
a.Academic Course: The course must be within the framework of a curriculum that leads to an academic degree in entomology, botany, plant pathology, agriculture, pest control, toxicology, public health or is relevant to pesticide use, or any course within that curriculum that is necessary to an individual’s professional growth and development.
b.Self-Study or Correspondence Course: The course must:
(1)Be developed by a professional group which is a pesticide related educational corporation or professional association;
(2)Follow a logical sequence;
(3)Involve the student by requiring active response to module materials and providing feedback;
(4)Contain a test to indicate progress and verify completion of module; and
(5)Supply a bibliography for continued study.
c.Teaching or Publication: Continuing education hours may be earned by teaching a particular course, seminar series, or workshop for the first time, delivering a paper or lecture, or publishing an article or book in pesticide use. As provided above, a course, seminar, or book may be considered for up to nine (9) continuing education hours; a published article may be considered the equivalent of up to five (5) credit hours; and a lecture or paper may be considered the equivalent of up to three (3) credit hours.
4.Education Methods
a.Learning experiences and teaching methods should be appropriate to achieve the objectives of the program.
b.Principles of adult education should be considered in the design of the program.
c.Time allotted for each activity should be sufficient for the student to meet the objectives of the program.
5.Faculty Qualifications – Faculty should be familiar with the principles of adult education and should provide documentation to the provider/student illustrating competency in the content of the planned learning experience.
6.Evaluation
a.Provision may be made for evaluating the participant’s attainment of the stated student objectives/outcomes.
b.Participants may be given the opportunity to evaluate faculty, learning experiences, instructional methods, facilities and educational resources used for the offerings/programs.
7.Specific Conditions Regarding Continuing Education Requirements Certified or Licensed applicators taking courses for the purposes of obtaining a baccalaureate or higher degree in the biological sciences may meet the continuing education requirements specified in this section provided such courses equal at least the required number of hours and content of course(s) be related to pesticide or pest management topics. Other academic degree programs may qualify at the discretion of the Department. Individuals must submit copies of course transcripts to the Department to verify proof of attendance before continuing education credit is granted.
D.Licensed and certified applicators who successfully complete such a training program, as outlined in § 2.16(A) of this Part shall be issued a certificate of attendance, a copy of which will be filed with the applicators records.
E.Licensed and certified applicators who fail to satisfy the continuing education requirements as required in § 2.16(A) of this Part, shall be required to attend the appropriate core and/or category training sessions, and re-take another examination before their certification or license may be renewed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.17** Commercial Applicator Licenses {#sec-250-ricr-40-15-2-2.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.17}
A.Each person engaged in the application of any pesticide, other than a “restricted use” or “state limited use” pesticide, as a commercial applicator shall possess a valid commercial applicator license, issued by the Director, except that a person who is applying such a pesticide on land owned or rented by the applicator or his employer shall not be required to possess such a license.
B.Each person who is the employee of a licensed or certified commercial applicator and who as a condition of employment applies pesticides, not in the physical presence of a licensed or certified applicator, shall possess a valid commercial applicator’s license or certification, except that person shall not be required to provide separate financial responsibility as specified in § 2.22 of this Part.
C.Application for licensing shall be filed with the Department on forms supplied by the Department, and shall contain such information as the Director shall require, including but not limited to storage and disposal procedures for pesticides and pesticide containers.
D.A fee of $30.00 shall be charged prior to the issuance of the initial license document and at the time of each annual renewal or reissuance thereafter.
E.A license document shall be valid for a period beginning with the actual date of issuance and ending on February 28th, unless it has been revoked or suspended prior thereto by the Director for cause;
F.Competence in the use and handling of pesticides by commercial applicators, who wish to become licensed shall be determined on the basis of written examinations, and, as appropriate, performance testing, based upon the standards set forth in § 2.10 of this Part.
G.A person shall not be determined qualified for licensing until such person passes the required examinations as provided by § 2.17(E) of this Part.
H.No person under eighteen (18) years of age shall be eligible for licensing or eligible to apply pesticides under the direct supervision of a licensed or certified applicator.
I.Licensed Commercial applicators shall cooperate with the Department requests to observe spraying operations, to inspect equipment, to inspect pesticide related records, to inspect business premises and to conduct pesticide related sampling.
J.The Director may deny licensing or may suspend, revoke, or otherwise modify a license once issued for reasons including the following:
1.That the applicant made a false or misleading statement in the application for licensing;
2.That the applicant or license holder has violated any provisions of the RIPCA or regulations promulgated thereunder;
3.That the applicant or license holder does not have in effect or fails to maintain in effect financial responsibility in the amounts specified in § 2.22 of this Part.
4.That the applicant or license holder uses or applies a pesticide, excluding pesticides for which an EPA experimental use permit has been issued, which has not been duly registered under the provisions of R.I. Gen. Laws § 23-25-6.
K.Commercial applicators who, in any year, fail to file a renewal application, even though they did not receive a mailed renewal application, prior to their license expiration date, shall lose their commercial license as of sixty (60) days after the date of expiration, and prior to the sixty (60) day date shall be notified in writing of impending license loss. Applicators losing their licenses due to failure to renew shall regain licensing under these regulations by:
1.Re-examination within a year of their license expiration date. Such reexamination shall include the required core exam and if deemed necessary the practical exam for which their license was previously held, or
2.Attending the training course(s) and taking the exam for the commercial core and any practical exams for which their license was previously held, if they have failed to renew their license beyond one year of their license expiration date.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.18** Dealer Licenses {#sec-250-ricr-40-15-2-2.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.18}
A.Any person engaged in the distribution of any “restricted use” or “state limited use” pesticide as a pesticide dealer shall possess a valid pesticide dealer’s license issued by the Director. A licensee shall be required for each location or outlet, within the State, from which such pesticides are distributed, sold, held for sale, or offered for sale.
B.Application for licensing shall be filed with the Department, and shall contain such information as the Director may require.
C.A fee of $30.00 shall be charged to the issuance of the initial license and at the time of each annual renewal.
D.A license shall be valid for a period beginning with the actual date of issuance and ending on February 28th, unless it has been revoked or suspended prior thereto by the Director for cause.
E.The Director shall require a person, who has a fixed distribution center within the State and who wishes to become licensed, to pass a written examination. Such examination will be designed to enable the person to demonstrate his knowledge of the types of information to be found on a pesticide label and that he is familiar with the State and Federal laws governing his sale, storage and distribution of “state limited use” and “restricted use” pesticides.
F.The Director shall require out-of-state dealer representatives who physically operate and distribute within the State to pass the required examination as provided by § 2.18(E) of this Part.
G.A manufacturer, registrant, or distributor of “state limited use” or “restricted use” pesticides who has no fixed distribution center within the State but who wishes to distribute such pesticides directly to certified applicators within the State may obtain a dealer’s license by paying the required fee and signing a form attesting to his knowledge of state and Federal laws governing such distribution.
H.No person under eighteen (18) years of age shall be eligible for licensing as a dealer, nor shall they be engaged in the sale and distribution of “restricted use” or “state limited use” pesticides.
I.Licensed Dealers shall cooperate with the Department requests to inspect pesticide related records, to inspect business premises and to conduct pesticide related sampling.
J.The Director may deny licensing or may suspend, revoke or otherwise modify a license once issued for reasons including the following:
1.That the applicant made a false or misleading statement in the application for licensing.
2.That the applicant or license holder has violated any provision of the RIPCA, any applicable Federal Statues, or regulations promulgated thereunder.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.19** General Rules {#sec-250-ricr-40-15-2-2.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.19}
A.Pesticide Anti-Siphon. All pest control equipment using pesticides and drawing water from the surface waters of the State or from potable water supplies shall have an effective anti-siphon device approved by the Director to prevent back flow.
B.No pesticide shall be applied to public water supplies or their tributaries except by legally established water supply entities or their agents as authorized by the Director. Pesticide applications to lands near or adjacent to public water supplies shall be made in such a manner that no pesticides drift or flow into such water supplies.
C.No pesticide application may be made within 400 feet of gravel packed wells used for public water supply or within 250 feet of other wells so used, unless materials and methods to be employed have been approved by the Director.
D.No restricted use or “state limited use” pesticide shall be applied to woodland areas exceeding 25 acres without the prior approval of the Director.
E.Pesticide applications to areas adjacent to crops or pasturage shall be such that contamination of crops or pasturage does not occur.
F.Pesticide application for agricultural purposes shall be such that contamination to adjacent lands does not occur.
G.Pesticide applications to any surface waters of the State for the control of aquatic nuisances or for any other reason shall not be made unless such applications have been approved by the Director.
H.No application of pesticides by means of aircraft shall be made within the State without prior approval of the Director or his designated representative.
I.No application of pesticides shall be made by mechanically powered equipment at such times as the wind velocity will cause a hazardous chemical to drift beyond the target area.
J.Pesticide containers shall not be used for any purpose, other than the storage of pesticides, unless such purpose has been approved by the Director and the containers have been properly cleaned.
K.Pesticide dealers displaying “restricted use” or “state limited use” pesticides, shall display such pesticides in an area separate from general use pesticides.
L.Pesticide dealers displaying “restricted use” or “state limited use” pesticides, shall post a sign bearing the statement “for sale to certified applicators only”, at the display in a prominent position. The statement shall be imprinted letters at least one inch high.
M.No pesticide may be distributed if part or all of the label is missing, unreadable, or otherwise damaged beyond recognition.
N.No pesticide may be distributed in containers which are unsafe due to corrosion, leakage, spillage, or other damage.
O.No person(s) under the age of eighteen (18) years of age shall apply “restricted use” or “state limited use” pesticides as a private or commercial applicator. Except that; farms that can demonstrate and provide written documentation of a hardship situation acceptable to the Department will allow an immediate family member between the ages of sixteen (16) and eighteen (18) years to obtain a private certification as long as the member has attended the required pesticide applicator training; passes the required examinations and satisfies the private certification licensing requirements.
P.No person under the age of eighteen (18) shall apply general use pesticides as a commercial or private applicator except:
1.Farm employees sixteen (16) years of age or older may apply general use pesticides only under the direct supervision of a private applicator.
2.Immediate farm family members sixteen (16) years or older may apply general use pesticides only on their parents farm without the supervision of a private applicator.
Q.No person other than a licensed or certified commercial applicator shall apply pesticide within any building or on the grounds of any school, and no pesticide shall be applied in any building or on the grounds of any school during regular school hours or during planned activities at any school. This subsection shall not apply to the use of germicides, disinfectants, sanitizers, deodorizers, antimicrobial agents, insecticidal gels, non-volatile insect or rodent bait in a tamper resistant container, insect repellants, the application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 C.F.R. § 152.25 (2015), a pesticide application by public health officials during a state public health emergency or the emergency application of a pesticide to eliminate an immediate threat to human health, where it is impractical to obtain the services of a licensed or certified applicator; provided the application does not involve a restricted use or state limited use pesticide.
R.No person shall apply “restricted use” pesticides or “state limited use” pesticides in or around school property of grades preschool through twelve (12) at any time (without prior written approval from the school administration and Department of Environmental Management.) This subsection is not applicable to pesticide applications by public health officials during a state public health emergency. In addition this subsection shall not apply to emergency situations where children’s health and well being are at risk, such as stinging insects, poisonous plants or other known life or health threatening pests.
S.No person shall make an application of Tributyltin antifouling paint unless applied:
1.By a commercial applicator certified in § 2.10.5(B) of this Part.
2.Within a commercial boatyard; and
3.To vessels which exceed twenty-five meters (82.02 feet) in length or which have aluminum hulls.
T.No person shall use or otherwise possess any pesticide in any rodent control bait box unless:
1.The bait box is secured against tampering when placed in areas accessible to pets or persons under eighteen (18) years of age; and
2.The bait box has attached to it or contained therein a readable label with the following information about the pesticide contained therein:
a.Brand or trade name;
b.EPA registration number;
c.Name and percentage of active ingredients in the bait box; and
d.Appropriate signal word; that is, “Danger-Poison”, “Warning”, or “Caution”, as stated on the pesticide label.
e.Name, address, and phone number of the pest control company placing the bait box.
3.For the purposes of interpretation of § 2.19(T)(1) of this Part, a bait box shall be considered secured against tampering when:
a.It has met the standards for tamper proof/tamper resistant bait boxes as outlined by EPA; or
b.The bait box containing the pesticide is in a secure storage area; or
c.The bait box is at the actual physical location and under the direct observation of a pesticide applicator.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.20** Reciprocity {#sec-250-ricr-40-15-2-2.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.20}
A.Applicants for reciprocal certification must have successfully completed all necessary certification requirements in their resident state and must submit proof of such to the Director.
B.Applicants for reciprocal certification must complete all requirements of the Director relative to certification with the exception of taking the written examination.
C.All grantees of reciprocal certification shall be responsible for and bound by the provisions of the RIPCA, the Rules and Regulations adopted thereunder, and of any lawful order of the Director.
D.Whenever a person’s certification is denied, suspended, revoked or modified by his resident state, the reciprocal certification, granted by the Director, shall be at least similarly denied, suspended, revoked or modified.
E.Reciprocal certification shall only remain in effect as long as certification is maintained in the resident state.
F.Reciprocal certification documents shall bear a notation distinguishing them from other certification documents.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.21** Financial Responsibility {#sec-250-ricr-40-15-2-2.21 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.21}
A.Each applicant for commercial applicator licensing shall show proof of financial responsibility to consist of either:
1.A performance bond drawn payable to the State of Rhode Island in the amount of $20,000 per job, or
2.The following minimum insurance coverage: Comprehensive General Liability (ground application): Bodily Injury Liability - $20,000 each occurrence $40,000 Aggregate Property Damage Liability (Including completed operations and chemical or pollution liability) - $25,000
B.Each applicant for commercial applicator certification shall show proof of financial responsibility to consist of either:
1.A performance bond drawn payable to the State of Rhode Island in the amount of $50,000 per job, or
2.The following minimum insurance coverage: Comprehensive General Liability (ground application): Bodily Injury Liability - $50,000 each occurrence - $100,000 Aggregate Property Damage Liability (Including completed operations and chemical or pollution liability) - $50,000
C.Each applicant for commercial applicator certification in § 2.10.7(C) of this Part, Fumigation shall show proof of financial responsibility to consist of either:
1.A performance bond drawn payable to the State of Rhode Island in the amount of $100,000 or
2.The following minimum insurance coverage: Comprehensive General Liability: Bodily Injury Liability - $100,000 each occurrence -$300,000 Aggregate Property Damage Liability (Including completed operations and chemical or pollution liability) - $100,000
D.Each applicant for commercial applicator licensing or certification, who applies pesticides aerially, shall show proof of financial responsibility to consist of either:
1.A performance bond drawn payable to the State of Rhode Island in the amount of $100,000, or
2.The following minimum insurance coverage: General Liability: Bodily Injury Liability - $100,000 each occurrence - $200,000 Aggregate Property Damage Liability (Including completed operations and chemical or pollution liability) - $100,000
E.Financial responsibility required by §§ 2.21(A) through (D) of this Part, where appropriate, shall not be required of persons whose pesticide application activities are part of their duties as governmental employees.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.22** Standards for Supervision of Non-Certified Applicators by Certified Private and Commercial Applicators {#sec-250-ricr-40-15-2-2.22 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.22}
A.Certified applicators whose activities indicate a supervisory role must demonstrate a practical knowledge of Federal and State supervisory requirements, including labeling, regarding the application of “restricted use” pesticides by noncertified applicators.
B.The availability of certified applicators must be directly related to the hazard of the situation.
1.No general-use pesticide shall be applied by non-certified or un-licensed applicators for hire without the direct supervision of a certified or licensed commercial applicator. No restricted use pesticide shall be applied by an un-licensed or non-certified applicator without the direct supervision of a certified private or commercial applicator. Direct supervision means the on-site supervision of any pesticide application by an appropriately certified or licensed applicator who is responsible for such application and is capable of dealing with emergency situations which might occur, pursuant to the provisions of these regulations.
2.In situations where labeling requires, the actual physical presence of a certified applicator shall be required when application is made by a noncertified applicator.
3.In situations in which sub-surface application of the following classes of termiticides are made, the actual physical presence of an applicator certified in Category 7(B) (§ 2.10.7(B) of this Part) is required when application or any part thereof is made by any applicator not certified in Category 7(B) (§ 2.10.7(B) of this Part):
a.Clyclodienes…including but not limited to chlordane, aldrin, dieldrin, and heptachlor.
b.Organo-Phosphates…including but not limited to chlorpyrifos.
c.Synthetic Pyrethoids
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.23** Turf Management and Lawn Care {#sec-250-ricr-40-15-2-2.23 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.23}
A.Definitions – Unless defined in § 2.4 of this Part or the context clearly indicates otherwise, the following terms shall have the following meanings as they are applied to turf management and lawn care:
1.Homeowner shall mean the owner or occupant of a private single family residence or the manager of a multi-unit dwelling.
2.Applicator shall mean the individual or company providing lawn care services.
3.Immediate Service Call shall include: 1) customer complaints, 2) lawn threatening pests – but shall not include regularly scheduled treatments.
4.End Use Product shall mean the pesticide(s) as applied and shall not mean the concentrate.
5.Public Recreation Facilities shall include golf courses, playgrounds, athletic facilities, school grounds, and parks.
B.After entering into or renewing an agreement to apply pesticides to control lawn or turf pests and prior to the initial application of such pesticides, the applicator shall provide the homeowner with a written list of those pesticides which may be used. Such list shall include common and most likely trade name of each pesticide and any post-application safety, environment or health instructions specified on the label for the end use product. In addition to said list the applicator must inform the homeowner, in writing, that they may request a copy of the label, and/or the material safety data sheet, and/or the EPA Fact Sheet, if available, on any pesticide which may be used. The Director may require the inclusion of any additional health, safety or environmental instructions generated by the EPA, Department of Environmental Management or Department of Health.
C.Any contiguous neighbor to a property under an agreement in § 2.23(B) of this Part may request the applicator to provide notice 48 hours in advance of each application. If notice by telephone, or mail or in person, cannot be given 48 hours before the application of pesticides the applicator shall leave written notice at that house following the application. Such advance notice shall not be required for immediate service calls. In those cases, written notification following the application shall be left at the requesting neighbor’s house.
D.Upon completion of each application, the applicator shall leave written notice at the property treated containing the following information:
1.The product name of the pesticide(s) that were applied to the property and EPA registration Number.
2.A telephone number of the applicator or applicators company.
3.The telephone number of the Department of Environmental Management.
4.The name of the person(s) certified or licensed by the Department as well as person(s) applying the pesticide if under the direct supervision of a certified or licensed commercial applicator who participated in the planning and execution of the application.
5.The applicators certification and/or license number.
E.At the time of each application, the applicator shall post signs, as prescribed in § 2.23(F) of this Part, in conspicuous points of access to the property and shall instruct the customer as to their appropriate removal. Conspicuous points of access shall include but not be limited to, unobstructed abutting yard, walkways, paths, etc.
F.Prior to commencing each application of a pesticide, the manager of a public recreation facility shall post a notice in the place most likely to inform those who make use of the facility. Such notice shall remain in place for 48 hours after completion of the application. The notice shall list “that pesticides were applied,” the date of chemical application, contact person and phone number and the areas treated.
G.Signs posted by Commercial Companies shall be no less than 20 square inches (4” X 5”) and shall be printed with the following information on waterproof stock in dark letters on a white field:
1.Lawn Chemicals Applied (in letters at least ½" high)
2.Applicator or Company Name
3.Phone Number of Applicator or Company
4.Date of Chemical Application
5.Keep Posted for 48 Hours, or as specified by the label, if more than 48 hours (no smaller than ¼” letters)
H.Each applicator shall make any written material required in this rule readily available to the Department upon request.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.24** Pesticide and Pesticide Residue Storage and Display Requirements {#sec-250-ricr-40-15-2-2.24 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.24}
The following rules apply to the storage and the display for retail sale and use by private and commercial applicators of “general use” and “restricted use” pesticides.
2.24.1Storage
A.When not on display for sale, or in use, all pesticides must be securely stored with access limited to authorized personnel/individuals only.
B.Pesticide storage areas must be identified with appropriate pesticide storage warning signs.
C.Pesticides shall be stored in cool, dry, well ventilated and well-lit rooms or building insulated to prevent freezing or overheating as well as protection from direct rainfall and flooding. The area shall be locked to prevent entry by children or unauthorized persons. The storage area shall have lighting so that labels can be easily read and any leaks quickly detected.
D.Pesticide storage areas shall be constructed of rigid materials, shall have no bottom drains or openings, be impervious to seepage through or leakage to the surrounding environment so as to prevent contamination to groundwater or surface water or to the surrounding environment and capable of containing a pesticide spill 100% of the largest liquid pesticide container volume.
E.Pesticides for sale or distribution, or for use by private or commercial applicators, as defined in these Rules and Regulations, in their respective operations shall not be stored in buildings wholly or partially occupied as private residences, unless that actual storage area, such as a garage, is structurally separate from that portion of the building in use as a living area or the location of the storage area does not present a potential risk of harm, injury, or damage to occupants or the residence(s) in the building; and the ventilation in the storage area is sufficient to keep fumes and/or any potential fumes from intruding into the living areas. In the case of multi-family residences, the location of the storage area must not present a potential risk of harm, injury, or damage to occupants or the residence(s) in the building; and the ventilation in the storage area must be sufficient to keep fumes and/or any potential fumes from intruding into living areas.
F.Pesticides may not be stored in buildings used for commercial or industrial businesses, unless:
1.The building meets the requirements for storage of pesticides by the Director; and
2.The storage area is a structurally separate room from those occupied as routine office work areas, and the ventilation in the storage area is sufficient to keep fumes and/or any potential fumes from intruding into occupied areas of the building; or
3.In multi-unit commercial establishment or institutions, the location of the storage area must be structurally separate from other business and must not present a significant risk of harm, injury, or damage to occupants, employees, or facilities in the building. The ventilation in the storage area must also be sufficient to keep fumes and/or any potential fumes from intruding into occupied areas.
G.Pesticides shall not be stored and/or displayed over or adjacent to meat or vegetable case, other human foods, animal feed or drugs, or in any manner that may result in contamination of food, feed or clothing. Pesticides intended for sale or distribution shall only be stored and displayed within a building or fence and shall not be displayed on sidewalks.
H.Pesticides when stored must be separated by type insecticide, herbicide, fungicide, etc., and in such a manner, which prevents cross contamination. It is prohibited to offer for sale or distribution pesticide packages and containers that are torn, punctured, rusted or leaking.
I.“Restricted Use” pesticides must be stored separately from other general use pesticides or fertilizers to prevent distribution to a non-certified applicator.
J.Pesticides must be clearly labeled at all times during storage.
K.Pesticides may not be stored with other combustible materials such as gasoline, kerosene, petroleum products, solvents, or other fuels.
L.Pesticides must be stored away from sources of ignition or fire hazard such as heating equipment, burning, welding, etc.
M.Containers of pesticide which have been opened must be properly sealed when stored.
N.Storage of discontinued, banned, or unregistered pesticides:
1.Unregistered or banned pesticides, unless subject to federal recall notice issued by the United States Environmental Protection Agency, must be returned to the manufacturer, if said manufacturer will accept them, or disposed of in accordance with the Department’s Rules and Regulations for Hazardous Waste Management upon cancellation of the state and/or federal registration or imposition of the ban.
2.However, in the event that a manufacturer fails to annually re-register or voluntarily discontinues the manufacture, distribution and sale of a pesticide for any reason other than § 2.24.1(N)(1) of this Part; and the Director has determined that the pesticide poses no threat to public health or the environment if used according to label instructions, then said pesticide may be stored, distributed, or used up within two years from the date of expiration of its state registration. After two years, any remaining stocks and residues of said pesticide must be disposed of in accordance with § 2.24.1(N)(1) of this Part.
3.Receipt and storage of unregistered or banned pesticides is prohibited.
O.Pesticides may not be stored outdoors except if they are:
1.Covered by a roof or tarpaulin, which will keep precipitation off the pesticides, and placed on pallets or a raised concrete platform above an impervious surface (e.g. concrete) so as to prevent direct contact with the soil and stormwater runoff.
2.Stored in a manner to prevent freezing and overheating.
3.Stored in well-lit areas to provide for easy reading of labels and detection of leaks or other accidental releases.
4.Secured against entry by an unauthorized person, livestock or wildlife.
5.Stored in a manner that prevents damage to packaging or containment structures from vehicles, and in a manner that prevents access by unauthorized vehicles. Pesticides shall be moved indoors in the event of conditions that may result in freezing, overheating, or incidental exposure to precipitation.
P.Spill Response
1.Spill containment and clean-up materials shall be furnished at all pesticide storage areas.
2.Spills shall be cleaned upon discovery.
3.Spilled materials and migrating materials shall be immediately and properly contained and disposed of in accordance with pesticide label and federal and State hazardous waste disposal regulations.
2.24.2Display for Sale
A.Pesticides held for retail sale shall comply with § 2.24.1 of this Part and the following requirements:
1.Pesticides shall not be displayed or stored with, or in such a manner which could result, in the event of a spill or leak, in the contamination of food, beverages, medical supplies or containers, other pesticides, tobacco and its products, fertilizers, or eating utensils.
2.Pesticides must be clearly labeled at all times during display. Unlabeled pesticides, pesticides without the original label, or pesticides whose labels are illegible or whose contents have been damaged may not be displayed or offered for sale.
3.General use pesticides on display for retail sale to the general public are exempt from § 2.24.2(A)(1) of this Part entitled “Storage” when on retail sales display shelves or held for sale in a storage area.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.25** Transportation of Pesticides {#sec-250-ricr-40-15-2-2.25 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.25}
A.General Requirements: Accidental spills of pesticides may occur during their transportation because damage to containers most often occurs during times of loading and transport. In order to reduce the risk of such incidents, the following minimum safety precautions must be used at all times:
1.Vehicles transporting pesticides shall comply with United States Department of Transportation (DOT) regulations for the transportation of hazardous materials and hazardous wastes, 49 C.F.R. § 171 (2017), at all times.
2.Transport from storage and/or mixing areas only the quantity and amounts of pesticides or tank mixes which may be commonly used during the day’s operations. Left over or unused pesticides shall be kept secured and locked at all times or returned to storage facilities at the end of each day.
3.Pesticides shall be transported in truck beds, trailers, or vehicle compartments, which are isolated from drivers and passengers.
4.Pesticides shall be transported in their original containers, with the EPA registered label intact, except that service containers or application equipment are exempt from this provision. Service containers must be transported as outlined in § 2.25(A)(7) of this Part.
5.During transportation, pesticides and their mixes, shall be stored in tightly closed containers, secured to prevent tipping over or shifting. Pesticides shall not be transported in open containers.
6.Pesticides must not be transported in the same cargo area as food, animal feeds and food, clothing, or potable water.
7.No person shall transport or otherwise possess any pesticide in any service container, except when in application equipment, unless the service container has attached to it a readable label with the following information:
a.Brand or Trade Name;
b.EPA Registration Number;
c.Name and Percentage of Active Ingredient(s) in the service container; if a concentrate, or if the service container contains a dilution, a statement identifying it as a diluted pesticide and the percentage of the Active Ingredient.
d.Appropriate signal word as stated on the EPA registered label; that is, Danger-Poison, Warning, or Caution; and
e.Name, address, and phone number of the pest control company and/or its owner.
8.No person shall place or keep any pesticide in any container commonly used for food, drink, or household products.
B.Spill Containment During Transportation:
1.Pesticide Applicators shall secure pesticides during transportation to prevent spillage.
2.Each vehicle used to transport pesticides and tank mixes shall have spill containment materials such as absorptive clay, sand, sawdust or other similar materials and tools to absorb, remove and clean up spills and leaks. If not required or stated on the label, any person cleaning up spills shall wear appropriate personal protective clothing to prevent direct exposure.
3.Spilled materials and/or contamination mitigation materials must be properly contained and secured during transport and must be disposed of in accordance with the pesticide label and/or Federal and State hazardous wastes disposal regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
##### **250-RICR-40-15-2 § 2.26** Severability {#sec-250-ricr-40-15-2-2.26 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-2#2.26}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2006-11-13 to 01/04/2022*
- *Amendment — effective from 2006-11-13 to 11/13/2006*
- *Periodic Refile — effective from 2001-12-31 to 11/13/2006*
#### **250-RICR-40-15-3** Rules and Regulations Relating to Marine Antifoulant Paints Containing Tributyltin
##### **250-RICR-40-15-3 § 3.1** Authority {#sec-250-ricr-40-15-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-3#3.1}
These regulations are promulgated pursuant to R.I. Gen. Laws Chapter 23-25, and in accordance with the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws § 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-15-3 § 3.2** Definitions {#sec-250-ricr-40-15-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-3#3.2}
A.As used in these regulations, the following terms, shall, where the context permits, be construed as follows:
1.“Acceptable release rate” means a measured release rate not to exceed 4.0 micrograms per square centimeter per day for weeks 3 to 5, and a cumulative release rate of 168 micrograms per square centimeter for the first 14 days as determined in accordance with a U.S. Environmental Protection Agency (EPA) testing procedure as outlined in the EPA data call-in notice of July 29, 1986, on tributyltin in antifoulant paints under the federal insecticide, fungicide, and rodenticide act, 7 U.S.C. §136. If a lower release rate is determined by the department to be necessary to protect health or the environment, then such rate, if duly adopted by regulatory action of the Department, shall be the acceptable release rate as herein defined.
2.“Commercial boat yard” means any facility, which engages for hire in the construction, storage, maintenance, repair, of refurbishing of vessels (other than sea-planes) or any licensed independent marine maintenance contractor who engages in such activities.
3.“Department" means the Department of Environmental Management.
4."Marine antifoulant paint” means any compound, coating paint, or treatment applied or used for the purpose of controlling freshwater or marine fouling organisms on vessels.
5.“Tributyltin compounds” means any compound having three normal butyl groups attached to a tin atom and with or without an anion such as chloride, fluoride, or oxide.
6.“Vessel” means every description of watercraft, other than a seaplane, used or capable of being used as means of transportation on the water, whether self-propelled or otherwise, and includes barges and tugs.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-15-3 § 3.3** Rule A - Restricted Use and State Limited Use Restricted {#sec-250-ricr-40-15-3-3.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-15-3#3.3}
3.3.1State Limited Use Pesticide
A.The registration of marine antifoulant paints containing tributyltin shall be classified for State Limited Use effective July 1, 1988. The following conditions of sale and use shall be included in this State Limited Use Registration:
1.Except as otherwise provided in this chapter, a person may not distribute, possess, sell, or offer for sale, or apply, or offer for use of application any marine antifoulant paint containing tributyltin compounds. Authorized personnel of the Department of Environmental Management, Department of the Attorney General, and the Division of State Police may seize any antifoulant paint held in violation of this chapter and any seized substances shall be considered forfeited.
2.A person may distribute or sell a marine antifoulant paint containing tributyltin with an acceptable release rate to the owner or agent of a commercial boat yard. The owner or agent of a commercial boat yard may possess and apply, or purchase for application, an antifoulant paint containing tributyltin with an acceptable release rate; however such paint may be applied only within a commercial boat yard and only to vessels which exceed sixty-five feet in length or which have aluminum hulls, or to vessels less than sixty-five feet in length if it is applied only to the outboard or lower drive unit of such vessels.
B.A person may distribute, sell, or apply a marine antifoulant paint containing tributyltin having an acceptable release rate if the paint is distributed or sold in a spray can in a quantity of sixteen ounces avoirdupois or less and is commonly referred to as outboard or lower unit paint.
C.During and after paint removal and/or application of new antifouling paint containing tributyltin methods must by employed designed to prevent introduction of tributyltin paints into the aquatic environment; and following removal of tributyltin paint and/or application of new tributyltin paint, all paint chips and spent abrasives, paint containers, unused paint, and any other waste products from paint removal or application must be disposed of in a sanitary landfill.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
### **Subchapter 20** Marketing
#### **250-RICR-40-20-2** Agricultural Liming Material Rules and Regulations
##### **250-RICR-40-20-2 § 2.1** Purpose {#sec-250-ricr-40-20-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-2#2.1}
The purpose of these Rules and Regulations is to regulate the sale of agricultural liming material in the State of Rhode Island.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-2 § 2.2** Authority {#sec-250-ricr-40-20-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-2#2.2}
These Regulations are promulgated pursuant to R.I. Gen. Laws Chapters 2-21 and 42-17.1, and in accordance with the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-2 § 2.3** Applicability {#sec-250-ricr-40-20-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-2#2.3}
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purpose of State law, goals, and policies for the sale of agricultural liming material in the State of Rhode Island.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-2 § 2.4** Sieve Sizes Regarding Fineness {#sec-250-ricr-40-20-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-2#2.4}
The Director shall be guided by the American Society for Testing and Materials (ASTM) specification for sieve sizes regarding fineness.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-2 § 2.5** Minimum Calcium Carbonate Equivalent {#sec-250-ricr-40-20-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-2#2.5}
Agricultural Liming Materials shall be classified in terms of calcium carbonate as shown in Table 1.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-2 § 2.6** Table 1 – Agricultural Liming Materials {#sec-250-ricr-40-20-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-2#2.6}
Material
Calcium Carbonate
Equivalent (C.C.E.)
Burnt Lime
not less than 140
Hydrated lime
not less than 110
Limestone
not less than 80
Slag
not less than 80
Shells
not less than 80
Marl and some byproducts liming materials are used for neutralizing soil acidity, but due to their varying composition, their chemical limits are not included. In some economic circumstances limestone, slag, and shells of less than eighty percent (80%) C.C.E. may be used.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-2 § 2.7** Severability {#sec-250-ricr-40-20-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-2#2.7}
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.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-2 § 2.8** Registration of Products {#sec-250-ricr-40-20-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-2#2.8}
A.All products that are required to be registered pursuant to the provisions of R.I. Gen. Laws § 2-21-6 shall be registered electronically through a web based application provided by the Department of Environmental Management.
B.For those applicants unable to register online, paper registration forms shall be available upon request from the Division of Agriculture.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-40-20-3** Rules and Regulations for Agricultural Composting
##### **250-RICR-40-20-3 § 3.1** Purpose {#sec-250-ricr-40-20-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-3#3.1}
The purpose of these regulations is to encourage and promote composting by agricultural units while minimizing negative environmental impacts.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-3 § 3.2** Authority {#sec-250-ricr-40-20-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-3#3.2}
These Rules and Regulations are promulgated pursuant to the requirements and provisions of R.I. Gen. Laws Chapter 42-17.1, Department of Environmental Management, R.I. Gen. Laws Chapter 2-22, Rhode Island Soil Amendment Law, and in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, Administrative Procedures Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-3 § 3.3** Application {#sec-250-ricr-40-20-3-3.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-3#3.3}
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department of Environmental Management (the "Department") to effectuate the purposes of state law, goals and policies. These Rules and Regulations shall apply only to agricultural units, as defined herein.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-3 § 3.4** Definitions {#sec-250-ricr-40-20-3-3.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-3#3.4}
A."Agricultural by-product" means discarded organic materials produced from the raising of plants and animals as part of agronomic, horticultural or silvicultural operations, including but not limited to animal manure, bedding materials, plant stalks, leaves, other vegetative matter and discarded by-products from the on-farm processing of fruits and vegetables.
B."Agricultural composting" means the composting of agricultural by-products and other organic materials on an agricultural unit resulting in compost products for agricultural and horticultural uses.
C."Agricultural composting facility" means that part of an agricultural unit upon which agricultural composting takes place. Permitting for agricultural composting facilities is done through the Division of Agriculture in DEM/Bureau of Natural Resources.
D."Agricultural unit" means farmland as designated under R.I. Gen. Laws § 44-27-2 upon which agricultural operations as defined in R.I. Gen. Laws § 2-23-4 are undertaken by a farmer.
E."Commonly accepted best management practice" means the ability to produce the desired quality of compost in the shortest possible time with a minimum of odors, environmental impacts and other process-related problems, as stated in the On-Farm Composting Handbook (NRAES-54, June 1992, ISBN: 0-935817-19-0) distributed by the Natural Resource, Agriculture, and Engineering Service (NRAES), formerly known as the Northeast Regional Agricultural Engineering Service.
F."Compost" means a soil amending material resulting from the aerobic thermophilic, microbial processing of organic materials.
G."Disposal" means the abandonment, discard or final disposition of waste.
H."Farmer" means an individual, partnership or corporation who operates a farm, as defined by R.I. Gen. Laws Chapter 2-1 and meets the requirements of R.I. Gen. Laws § 2-1-22(j).
I."Mixed solid waste" means heterogeneous and commingled solid waste, which may include readily biodegradable organic wastes, as well as other organic wastes which are not readily biodegradable and may also contain inorganic, non-compostable wastes.
J."Organic material" means materials that contain carbon-to-carbon bonds and are biodegradable, such as paper, wood, food waste, leaves and yard waste.
K."Physical contaminants" means any non-biodegradable material such as plastic, metal, glass, stones or masonry debris.
L."Putrescible waste" means solid waste, including but not limited to, fish waste and other food wastes, which contains organic matter capable of being decomposed by microorganisms and that has a tendency to form foul-smelling by-products during decomposition, and may provide food for vectors or birds.
M."Solid waste" means garbage, refuse and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources but does not include solids or dissolved material in domestic sewage sludge, nor does it include hazardous waste as defined in the Rhode Island Hazardous Waste Management Act, R.I. Gen. Laws Chapter 23-19.1, nor does it include used asphalt, concrete, Portland concrete cement or tree stumps.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-3 § 3.5** Agricultural Composting Facility {#sec-250-ricr-40-20-3-3.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-3#3.5}
A.Agricultural Composting: Any farmer engaging in agricultural composting shall be required to maintain registration and operating records in a format and on forms as designated by the Department of Environmental Management.
B.The following operations on agricultural units do not require the registration or maintenance of operating records provided the operation incorporates commonly accepted management practice and is carried out in a manner that prevents an unpermitted discharge of pollutants to air, water or other natural resources of the State of Rhode Island:
1.Composting of tree stumps and brush at an agricultural unit where such wood wastes are generated and composted within the boundaries of such agricultural unit;
2.Composting and the use or application of agricultural manures in farming operations;
3.Composting of agricultural by-products, when located at an agricultural unit.
C.A composting operation, when located on an agricultural unit, which, in addition to agricultural by-products, utilizes one or more of the following materials, must be registered and maintain operating records with the Division of Agriculture, Department of Environmental Management, and follow commonly accepted best management practices. Note: See § 3.5(E) of this Part for additional clarification and requirements.
1.Leaf and yard waste generated off the agricultural unit:
2.Wood wastes, including brush, stumps, lumber ends and trimmings, wood pallets, bark, wood chips, shavings, slash and other clean wood, provided that it is not mixed with other solid wastes, for processing. Wood containing or likely to contain asbestos, glues, or chemical preservatives such as creosote, pentachlorophenol, paints, stains or other coatings shall not be considered wood wastes under these Rules and Regulations and is prohibited from being processed;
3.Clean paper, newspaper or cardboard;
4.Clean shells and bones;
5.Non-agricultural sources of manures and animal bedding materials such as zoo waste;
6.Not more than ten tons per day of compostable material composed of generator pre-sorted produce, and/or generator pre-sorted vegetative residues from food or beverage processing that consists solely of materials from plants, (e.g., husks, leaves, skins, sediments and roots) and other plant by-products from fruit or vegetable canning, freezing or preserving operations;
7.Not more than one ton per day of pre-sorted kitchen, restaurant and source separated institutional or municipal food by-products; and/or,
8.Not more than one half ton per day of unprocessed meat and fish wastes.
D.Any agricultural composting facility, when located on an agricultural unit that utilizes compostable material as set forth in § 3.5(E) of this Part, shall be considered by the Department to be in compliance if within sixty (60) days of the receipt of a registration package, such owner or operator has submitted to the Department a completed registration application and the Department has determined that such registration application is acceptable. Until a completed registration application is received and accepted by the Department, the farmer shall be subject to the provisions set forth in Part 140-05-8 of this Title, Solid Waste Regulation No. 8.
1.The registration application submitted to the Department of Environmental Management, Division of Agriculture, shall include the following:
a.All necessary permits or approvals required by federal, state and local laws and regulations.
b.A detailed site plan and supporting maps showing, but not necessarily limited to:
(1)The boundaries of the property at which the agricultural composting facility is located;
(2)The existing and proposed contours and contour intervals of the property at which the agricultural composting facility is located showing slope and drainage pattern of the agricultural composting facility;
(3)All occupied buildings within two-hundred fifty (250) feet of the perimeter of the compost pad;
(4)All public drinking water supply wells, monitoring wells, reservoirs, and sources of water for irrigation or industrial purposes within five hundred (500) feet of the perimeter of the agricultural composting facility and all private wells within one hundred (100) feet of the perimeter of the agricultural composting facility;
(5)All wetlands, water courses, and publicly or privately owned land conservation areas on the property at which the agricultural composting facility is located and within two hundred (200) feet of the boundaries of the agricultural composting facility;
(6)Soil series description(s) and delineation(s) of all soils on the property at which the agricultural composting facility is located and within two hundred (200) feet of the boundaries of said agricultural composting facility, as referenced in the "Soil Survey of Rhode Island" by the United States Department of Agriculture, Natural Resources Conservation Service;
(7)Any buffers, and the nature of such buffers, between the agricultural composting facility and adjacent properties and that are used to screen the agricultural composting facility from the surroundings;
(8)All paved and unpaved access roads to the agricultural composting facility;
(9)All fencing and gates on the said property;
(10)Depiction of the composting operations;
(11)All structures related to the agricultural composting facility;
(12)Sources of water for the agricultural composting facility;
(13)Any means for control of erosion, sedimentation, and rainwater;
(14)Location, depth, and elevation of any soil borings, test pits, or monitoring wells on the said property; and,
(15)Elevation of seasonal high groundwater table on the said property from soil survey maps, or on-site investigation;
c.An operation and maintenance plan setting forth, but not necessarily limited to:
(1)A description of any agreements affecting the control, use or operation of the agricultural composting facility;
(2)Procedures for collection and delivery of compostable materials to the agricultural composting facility;
(3)Procedures and processes for the composting;
(4)Methods and procedures for fire prevention and fire control;
(5)A design for erosion, sedimentation and rainwater controls;
(6)End uses or markets for compost generated at the agricultural composting facility; and,
(7)Such additional information relevant to the agricultural composting facility as the Division of Agriculture deems appropriate.
2.The registration package and one copy thereof shall be delivered to the Department of Environmental Management, Division of Agriculture, within sixty (60) days of receipt of the registration package by the applicant. The farmer must register each identified compost product as per R.I. Gen. Laws § 2-22-5.
3.If one or more of the following events occur, each owner or operator of a registered agricultural composting facility shall be required to renew the registration of the agricultural composting facility with the Division of Agriculture:
a.The annual volume of materials to be composted at the agricultural composting facility increases by twenty (20) percent of the annual volume indicated in the current registration;
b.The design of the agricultural composting facility, or procedure, or processes for the composting, are modified or changed; or,
c.There is a change in the identity of the agricultural operation's owner or operator.
E.A composting operation, when located on an agricultural unit, which composts any of the following must register with the Division of Agriculture and comply with the provisions of § 3.5(A) of this Part as well as comply with the terms of the Putrescible Waste Composting facilities operating standards as stated in the "Large-Scale Putrescible Waste Composting Operating Standards" of Part 140-05-8 of this Title, Solid Waste Regulation No. 8, for a "Rhode Island Solid Waste Composting Facility":
1.More than one half (1/2) ton per day unprocessed meat and fish wastes;
2.More than one (1) ton per day of pre-sorted kitchen, restaurant, and source segregated institutional or municipal food by-products;
3.More than ten (10) tons per day of compostable material composed of generator pre-sorted produce; and/or more than ten (10) tons per day of generator pre-sorted vegetative residues from food or beverage processing that consists solely of materials from plants (e.g., husks, leaves, skins, sediments, and roots) and other plant by-products from fruit or vegetable canning, freezing, or preserving operations.
F.Mixed solid waste composting on an agricultural unit does not qualify as agricultural composting and shall be subject to Part 140-05-8 of this Title, Solid Waste Regulation No. 8, for a "Rhode Island Solid Waste Composting Facility".
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-3 § 3.6** Agricultural Composting - Operating Standards {#sec-250-ricr-40-20-3-3.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-3#3.6}
A.Agricultural composting facilities shall prohibit and prevent the illegal dumping of waste materials at such agricultural composting facility.
B.Composting operations shall comply with all state and local regulations governing agricultural composting including those which relate to siting requirements.
C.The operating of the agricultural composting facility must be done in a manner to minimize odors, noise, drift of materials, and risk to humans or the environment.
D.If an agricultural compost operator produces compost for marketing as a soil amendment, this operation shall be subject to the Rhode Island Fertilizer Law, R.I. Gen. Laws Chapter 2-7 and Rhode Island Soil Amendment Law, R.I. Gen. Laws Chapter 2-22.
E.Only clean uncontaminated, source separated, organic materials as listed in §§ 3.5(B), (C) or (E) of this Part may be composted on an agricultural composting facility. Materials such as sewage sludge, and/or construction and demolition debris are prohibited from being composted at an agricultural composting facility and any utilization of these materials on an agricultural unit must be approved by the Office of Water Resources and/or the Office of Waste Management.
F.On-farm composting operators who accept off-farm compostable material and who are determined by the Division of Agriculture not to be using best management practices at their agricultural composting facility as stated in the On-Farm Composting Handbook (NRAES-54, June 1992, ISBN: 0-935817-19-0) distributed by the Natural Resource, Agriculture, and Engineering Service (NRAES), formerly known as the Northeast Regional Agricultural Engineering Service, shall not be permitted to register their agricultural composting facility with the Division of Agriculture. These Agricultural Composting operators must come into compliance and establish that they are using best management practices at their agricultural composting facility within sixty (60) days of notification that they are not using best management practices. Any person who fails to come into compliance within the sixty (60) days will be referred to the appropriate Department Office for action.
G.No agricultural composting facility shall be larger than 20% of the total land mass of the agricultural unit that is in agricultural production.
H.Agricultural composting facilities that compost putrescible wastes may only accept putrescible waste from October 1 through March 31. If it is determined by the Division of Agriculture that the operator of an agricultural composting facility has at least 3 years of experience of successful composting of putrescible waste, the operator may request approval from the Division of Agriculture to extend the period for accepting putrescible waste, provided that the operator is able to take preventative measures to mitigate off-farm odors from the composting operation.
I.An agricultural composting facility operator who accepts off-farm putrescible waste must have and implement a stormwater run-off plan as well as develop and utilize a drainage system to prevent sediment or run-off water from migrating off-site. The plan must be in effect before accepting any putrescible waste. The storm water run-off plan must be in accordance with planning standards that achieve local, state and federal water-quality criteria. This runoff plan can contain one or more component "best management practices" which are part of the overall plan. These component practices must be in accordance with United States Department of Agriculture, Natural Resources Conservation Service, Conservation Practice Standard for Rhode Island, Composting Facility, Code 317.
J.All agricultural composting facilities shall comply with their operation and maintenance plan.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-3 § 3.7** Agricultural Composting - Evaluation {#sec-250-ricr-40-20-3-3.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-3#3.7}
A.The Department shall consider the following criteria in evaluating and determining whether to accept a registration application for and register an agricultural composting facility:
1.The potential for adverse impacts, taking into account the compostable materials, project location, design and operating controls, management practices and operator experience;
2.The ability of the applicant to appropriately use or dispose of all project materials; and,
3.The applicant demonstrates knowledge and capability to conduct the agricultural composting operation in compliance with the regulations and to produce a stabilized compost product.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-3 § 3.8** Prohibitions {#sec-250-ricr-40-20-3-3.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-3#3.8}
Wood containing or likely to contain asbestos, glues, or chemical preservatives such as creosote, pentachlorophenol, paints, stains or other coatings shall not be considered wood wastes under these Rules and Regulations and are prohibited from being processed. An agricultural unit which processes the woods described in this Rule shall not be considered to be conducting agricultural composting and shall be subject to Part 140-05-8 of this Title, Solid Waste Regulation No. 8.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-3 § 3.9** Revocation/Suspension {#sec-250-ricr-40-20-3-3.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-3#3.9}
The Division of Agriculture may revoke or suspend a registration for failure to comply with Rules and Regulations of the Department of Environmental Management.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-3 § 3.10** Severability {#sec-250-ricr-40-20-3-3.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-3#3.10}
If any provision of these Rules and Regulations, or the application thereof to any person or circumstances, is held invalid by a court or competent jurisdiction, the validity of the remainder of the Rules and Regulations shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-40-20-4** Rules and Regulations for the Grading of Honey
##### **250-RICR-40-20-4 § 4.1** Purpose {#sec-250-ricr-40-20-4-4.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-4#4.1}
Grading of Honey
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-4 § 4.2** Statutory Authority {#sec-250-ricr-40-20-4-4.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-4#4.2}
R.I. Gen. Laws § 42-17.1-2.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-4 § 4.3** Applicability {#sec-250-ricr-40-20-4-4.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-4#4.3}
The terms and provisions of these rules and regulations shall be liberally construed to permit the Department to effectuate the purpose of state law, goals, and policies for the grading of Honey in the State of Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-4 § 4.4** Definitions {#sec-250-ricr-40-20-4-4.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-4#4.4}
Rhode Island Fancy Grade Honey shall be honey that is produced in Rhode Island and is free from overheating, fermentation, honey-dew pollen, objectionable flavor from floral source or paint or smoke, carbolic acid or other foreign flavor, odor or dirt.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-4 § 4.5** Procedures Grading of Honey {#sec-250-ricr-40-20-4-4.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-4#4.5}
A. Such honey shall not weigh less than twelve (12) pounds per gallon at 60 degrees Fahrenheit or the density of which shall not be less than 41.5 degrees Baume or 76.4 degrees Brix at 60 degrees Fahrenheit.
B.The color of such honey may be any standard color as measured by the official.
C.U.S. color grader varying from water-white to dark. The honey shall be clean as though strained through an 86-mesh bolting cloth at not over 140 degrees Fahrenheit and shall be sold or offered for sale in strong, clean containers that are new in appearance.
D.Tolerance: In order to allow for variations incident to proper grading and handling, not more than 5% by count of any lot of honey may be below the requirements for the grade but no part of this tolerance shall be allowed for defects causing serious damage.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-4 § 4.6 Liability** 4.6 Liability {#sec-250-ricr-40-20-4-4.6-liability omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-4#4.6 Liability}
When the Commissioner of Agriculture becomes cognizant of any violations of these regulations he shall cause notice of such violation, together with a copy of the findings, to be given to the person or persons concerned. Persons so notified shall be given a hearing under rules and regulations prescribed by the Commissioner. Notices of such hearing shall specify the date, hour and place of hearing.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-4 § 4.7 Violations - Penalties** 4.7 Violations - Penalties {#sec-250-ricr-40-20-4-4.7-violations---penalties omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-4#4.7 Violations - Penalties}
A.Any person, firm or corporation who shall misbrand or mislabel any package or other container of honey or who shall violate any rule or regulations passed by said board providing for branding and labeling shall be punished by a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100) or be imprisoned for a term of three months or by both such fine and imprisonment.
B.These rules and regulations may be amended from time to time.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-40-20-5** Rules and Regulations Relating to Commercial Feed
##### **250-RICR-40-20-5 § 5.1** Authority {#sec-250-ricr-40-20-5-5.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.1}
These Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 4-2, and in accordance with the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.2** Incorporated Materials {#sec-250-ricr-40-20-5-5.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.2}
These Regulations hereby adopt and incorporate the AAFCO (Association of American Feed Control Officials) 2015 Official Publication 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.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.3** Definitions and Terms {#sec-250-ricr-40-20-5-5.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.3}
A.The names and definitions for commercial feeds shall be the Official Ingredient Definitions specified in Feed Terms and Ingredient Definitions of the AAFCO 2015 Official Publication, incorporated above at § 5.2 of this Part, except as the Director designates otherwise in specific cases.
B.The terms used in reference to commercial feeds shall be the Official Feed Terms specified in Feed Terms and Ingredient Definitions of the AAFCO 2015 Official Publication, incorporated above at § 5.2 of this Part, except as the Director designates otherwise in specific cases.
C.The following commodities are hereby declared exempt from the definition of commercial feed, under the provisions of R.I. Gen. Laws § 4-2-3(2): raw meat; and hay, straw, stover, silages, cobs, husks, and hulls when unground and when not mixed or intermixed with other materials, provided that these commodities are not adulterated within the meaning of R.I. Gen. Laws §§ 4-2-7(1) through (5).
D.Individual chemical compounds and substances are hereby declared exempt from the definition of commercial feed under the provisions of R.I. Gen. Laws § 4-2-3(2). It has been determined that these products meet the following criteria:
1.There is an adopted AAFCO definition for the product.
2.The product is either GRAS or is not covered by a specific FDA Regulation.
3.The product is either a natural occurring product of relatively uniform chemical composition or is manufactured to meet the AAFCO definition of the product.
4.The use of the product in the feed industry constitutes a minor portion of its total industrial use.
5.Small quantities of additives, which are intended to impart special desirable characteristics shall be permitted.
6.There is no need or problem of control of this product.
E.List of Exempted Substances:
Loose salt
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.4** Label Format {#sec-250-ricr-40-20-5-5.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.4}
A.Commercial feeds shall be labeled with the information prescribed in this Regulation on the principal display panel of the product and in the following general format:
1.Net weight
2.Product name and brand name if any
3.If drugs are used:
a.The word "medicated" shall appear directly following and below the product name in type size no smaller than one half (1/2) the type size of the product name.
b.The purpose of medication (claim statement).
c.The required direction for use and precautionary statements or reference to their location if the detailed feeding direction and precautionary statements required by §§ 5.8 and 5.9 of this Part appear elsewhere on the label.
d.An active drug ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with § 5.6(D) of this Part.
4.The guaranteed analysis of the feed as required under the provisions of R.I. Gen. Laws § 4-2-5(a)(3) include the following items, unless exempted in § 5.4(A)(4)(h) of this Part, and in the order listed:
a.Minimum percentage of crude protein.
b.Maximum or minimum percentage of equivalent protein from nonprotein nitrogen as required in § 5.6(E) of this Part.
c.Minimum percentage of crude fat.
d.Maximum percentage of crude fiber.
e.Minerals, to include, in the following order:
(1)Minimum and maximum percentages of calcium (Ca),
(2)Minimum percentages of phosphorus (P),
(3)Minimum and maximum percentages of salt (NaCl), and,
(4)Other minerals.
f.Vitamins in such terms as specified in § 5.6(C) of this Part.
g.Total sugars as invert or dried molasses products or products being sold primarily for their sugar content.
h.Exemptions:
(1)Guarantees for minerals are not required when there are no specific label claims and when the commercial feed contains less than six and one half percent (6.5%) of calcium, phosphorus, sodium and chloride.
(2)Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.
(3)Guarantees for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses.
5.Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of R.I. Gen. Laws § 4-2-5(a)(4).
a.The name of each ingredient as defined in the Official Ingredient Definitions specified in Feed Terms and Ingredient Definitions published in the AAFCO 2015 Official Publication, incorporated above at § 5.2 of this Part, common or usual name, or one approved by the Director.
b.Collective terms for the grouping of feed ingredients as defined in the Official Ingredient Definitions specified in Feed Terms and Ingredient Definitions published in the AAFCO 2015 Official Publication, incorporated above at § 5.2 of this Part, in lieu of the individual ingredients; Provided that:
(1)When a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label.
(2)The manufacturer shall provide the feed control official, upon request, with a listing of individual ingredients, within a defined group, that are or have been used at manufacturing facilities distributing in or into the State.
6.Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address shall include the street address, city, State and zip code; however, the street address may be omitted if it is shown in the current city directory or telephone directory.
7.The information required in R.I. Gen. Laws §§ 4-2-5(a)(1) through (5) must appear in its entirety on one (1) side of the label or on one (1) side of the container. The information required by R.I. Gen. Laws §§ 4-2-5(a)(6) through (7) shall be displayed in a prominent place on the label or container but not necessarily on the same side as the above information. When the information required by R.I. Gen. Laws §§ 4-2-5(a)(6) through (7) is placed on a different side of the label or container, it must be referenced on the front side with a statement such as "see back of label for directions for use." None of the information required by R.I. Gen. Laws § 4-2-5 shall be subordinated or obscured by other statements or designs.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.5** Brand and Product Names {#sec-250-ricr-40-20-5-5.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.5}
A.The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform therewith. A mixture labeled "dairy feed," for example, must be suitable for that purpose.
B.Commercial, registered brand or trade names are not permitted in guarantees or ingredient listings and only in the product name of feeds produced by or for the firm holding the rights to such a name.
C.The name of a commercial feed shall not be derived from one (1) or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture unless all components are included in the name: Provided, that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredient or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading.
D.The word "protein" shall not be permitted in the product name of a feed that contains added non-protein nitrogen.
E.When the name carries a percentage value, it shall be understood to signify protein and/or equivalent protein content only, even though it may not explicitly modify the percentage with the word "protein": Provided, that other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice. When a figure is used in the brand name (except in mineral, vitamin or other products where the protein guarantee is nil or unimportant), it shall be preceded by the word "number" or some other suitable designation.
F.Single ingredient feeds shall have a product name in accordance with the designated Official Ingredient Definitions specified in Feed Terms and Ingredient Definitions published as recognized by the Association of American Feed Control Officials unless the Director designates otherwise.
G.The word "vitamin," or a contraction thereof, or any word suggesting vitamin can be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in § 5.6(C) of this Part.
H.The term "mineralized" shall not be used in the name of a feed, except for "trace mineralized salt". When so used, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.
I.The term "meat" and "meat by-products" shall be qualified to designate the animal from which the meat and meat by-products is derived unless the meat and meat by-products are from cattle, swine, sheep and goats.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.6** Expression of Guarantees {#sec-250-ricr-40-20-5-5.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.6}
A.The guarantees for crude protein, equivalent protein from non-protein nitrogen, crude fat, crude fiber and mineral guarantees (when required) will be in terms of percentages by weight.
B.Commercial feeds containing six and one half percent (6.5%) or more calcium, phosphorus, sodium and chloride shall include in the guaranteed analysis the minimum and maximum percentages of calcium (Ca), the minimum percentage of phosphorus (P), and if salt is added, the minimum and maximum percentage of salt (NaCl). Minerals, except salt (NaCl), shall be guaranteed in terms of percentage of the element. When calcium and/or salt guarantees are given in the guaranteed analysis such shall be stated and conform to the following:
1.When the minimum is five percent (5.0%) or less, the maximum shall not exceed the minimum by more than one (1) percentage point.
2.When the minimum is above five percent (5.0%), the maximum shall not exceed the minimum by more than twenty percent (20%) and in no case shall the maximum exceed the minimum by more than five (5) percentage points.
C.Guarantees for minimum vitamin content of commercial feeds and feed supplements, when made, shall be stated on the label in milligrams per pound of feed except that:
1.Vitamin A, other than precursors of vitamin A, shall be stated in international or USP units per pound.
2.Vitamin D, in products offered for poultry feeding, shall be stated in international chick units per pound.
3.Vitamin D for other uses shall be stated in international or USP units per pound.
4.Vitamin E shall be stated in international or USP units per pound.
5.Guarantees for vitamin content on the label of a commercial feed shall state the guarantee as true vitamins, not compounds, with the exception of the compounds pyridoxine hydrochloride, choline chloride, thiamine, and d-pantothenic acid.
6.Oils and premixes containing vitamin A or vitamin D or both may be labeled to show content in terms of units per gram.
D.Guarantees for drugs shall be stated in terms of percent by weight, except:
1.Antibiotics present at less than two thousand (2,000) grams per ton (total) of commercial feed shall be stated in grams per ton of commercial feed.
2.Antibiotics present at two thousand (2,000) or more grams per ton (total) of commercial feed shall be stated in grams per pound of commercial feed.
3.Labels for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in the Federal Food Additive Regulations for certain antibiotics, wherein, quantitative guarantees are required regardless of the level or purpose of the antibiotic.
4.The term "milligrams per pound" may be used for drugs or, antibiotics in those cases where a dosage is given in "milligrams" in the feeding directions.
E.Commercial feeds containing any added non-protein nitrogen shall be labeled as follows:
1.For ruminants
a.Complete feeds, supplements, and concentrates containing added non-protein nitrogen and containing more than five percent (5%) protein from natural sources shall be guaranteed as follows:
Crude protein, minimum, ……..%. (This includes not more than ……..% equivalent protein from non-protein nitrogen).
b.Mixed feed concentrates and supplements containing less than five percent (5%) protein from natural sources may be guaranteed as follows:
Equivalent crude protein from non-protein nitrogen, minimum, ……..%.
c.Ingredient sources of non-protein nitrogen such as urea, di-ammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls, or other basic non-protein nitrogen ingredients defined in Official Ingredient Definitions specified in Feed Terms and Ingredient Definitions published in the AAFCO 2015 Official Publication, incorporated above at § 5.2 of this Part, shall be guaranteed as follows:
(1)Nitrogen, minimum, ……..%.
(2)Equivalent crude protein from non-protein nitrogen, minimum, ……..%.
2.For non-ruminants
a.Complete feeds, supplements and concentrates containing crude protein from all forms of non-protein nitrogen, added as such, shall be labeled as follows:
Crude protein, minimum, ……..%. (This includes not more than ……..% equivalent crude protein which is not nutritionally available to species of animal for which feed is intended).
b.Premixes, concentrates or supplements intended for non-ruminants containing more than one and one quarter percent (1.25%) equivalent crude protein from all forms of non-protein nitrogen, added as such, must contain:
(1)Adequate directions for use, and,
(2)A prominent statement: "warning: this feed must be used only in accordance with directions furnished on the label."
F.Mineral phosphatic materials for feeding purposes shall be labeled with:
1.The guarantee for minimum and maximum percentage of calcium (when present),
2.The minimum percentage of phosphorus, and,
3.The maximum percentage of fluorine.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.7** Ingredients {#sec-250-ricr-40-20-5-5.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.7}
A.The name of each ingredient or collective term for the groupings of ingredients, when required to be listed, shall be the name as defined in the Official Ingredient Definitions specified in Feed Terms and Ingredient Definitions as published in the AAFCO 2015 Official Publication, incorporated above at § 5.2 of this Part, the common or usual name, or one approved by the Director.
B.The name of each ingredient must be shown in letters or type of the same size.
C.No reference to quality or grade of an ingredient shall appear in the ingredient statement of a feed.
D.The term "dehydrated" may precede the name of any product that has been artificially dried.
E.A single ingredient product defined in Official Ingredient Definitions specified in Feed Terms and Ingredient Definitions published in the AAFCO 2015 Official Publication, incorporated above at § 5.2 of this Part, is not required to have an ingredient statement.
F.Tentative definitions for ingredients shall not be used until adopted as official, unless no official definition exists or the ingredient has a common accepted name that require no definition, (i.e. sugar).
G.When the word "iodized" is used in connection with a feed ingredient, the feed ingredient shall contain not less than seven one thousandths of one percent (0.007%) iodine uniformly distributed.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.8** Directions for Use and Precautionary Statements {#sec-250-ricr-40-20-5-5.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.8}
A.Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives, including drugs, special purpose additives, or non-nutritive additives, shall:
1.Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and,
2.Include, but not be limited to, all information prescribed by all applicable regulations under the Federal Food, Drug and Cosmetic Act.
B.Adequate directions for use and precautionary statements are required for feeds containing non-protein nitrogen as specified in § 5.9 of this Part.
C.Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.9** Non-Protein Nitrogen {#sec-250-ricr-40-20-5-5.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.9}
A.Urea and other non-protein nitrogen products defined in Official Ingredient Definitions specified in Feed Terms and Ingredient Definitions published in the AAFCO 2015 Official Publication, incorporated above at § 5.2 of this Part, are acceptable ingredients in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than eight and three quarters percent (8.75%) of equivalent crude protein from all forms of non-protein nitrogen, added as such, or the equivalent crude protein, from all forms of non-protein nitrogen, added as such, exceeds one third (1/3) of the total crude protein, the label shall bear:
1.Adequate directions for the safe use of feeds, and,
2.A precautionary statement: "caution: use as directed,"
3.The directions for use and the caution statement shall be in type of such size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use.
B.Non-protein nitrogen products defined in Official Ingredient Definitions specified in Feed Terms and Ingredient Definitions published in the AAFCO 2015 Official Publication, incorporated above at § 5.2 of this Part, when so indicated, are acceptable ingredients in commercial feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from non-protein nitrogen sources when used in non-ruminant rations shall not exceed one and one quarter percent (1.25%) of the total daily ration.
C.On labels such as those for medicated feeds which bear adequate feeding directions and/or warning statements, the presence of added non-protein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of non-protein nitrogen.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.10** Drug and Feed Additives {#sec-250-ricr-40-20-5-5.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.10}
A.Prior to approval of a registration application and/or approval of a label for commercial feed which contain additives (including drugs, other special purpose additives, or non-nutritive additives) the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.
B.Satisfactory evidence of safety and efficacy of a commercial feed may be:
1.When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable Regulations in the Code of Federal Regulations, Title 21, or which are "prior sanctioned" or "generally recognized as safe" for such use, or,
2.When the commercial feed is itself a drug as defined in R.I. Gen. Laws § 4-2-3(7) and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under 21 U.S.C. § 360(b).
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.11** Adulterants {#sec-250-ricr-40-20-5-5.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.11}
A.For the purpose of R.I. Gen. Laws § 4-2-7(1), the terms "poisonous or deleterious substances" include but are not limited to the following:
1.Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds three tenths of one percent (0.30%) for cattle; thirty-five one hundredths of one percent (0.35%) for sheep; forty-five one hundredths of one percent (0.45%) for swine; and six tenths of one percent (0.60%) for poultry.
2.Fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration above the following amounts: nine one thousandths of one percent (0.009%) for cattle; one one hundredth of one percent (0.01%) for sheep; fourteen one thousandths of one percent (0.014%) for swine; and thirty-five one thousandths of one percent (0.035%) for poultry.
3.Soybean meal, flakes or pellets or other vegetable meals, flakes or pellets which have been extracted with trichlorethylene or other chlorinated solvents.
4.Sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1 (thiamine).
B.All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seed so that the finished product contains no more than allowed by the Director, through promulgation of Regulations of R.I. Gen. Laws Chapter 2-6, Rhode Island Seed Act.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.12** Good Manufacturing Practices {#sec-250-ricr-40-20-5-5.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.12}
A.For the purpose of enforcement of R.I. Gen. Laws § 4-2-7(8), the Director adopts the following as current good manufacturing practices:
1.The Regulations prescribing good manufacturing practices for medicated feeds as published in 21 C.F.R. §§ 225.1 – 225.115.
2.The Regulations prescribing good manufacturing practices for medicated pre-mixes as published in 21 C.F.R. §§ 226.1 – 226.115.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.13** Official Pet Food Regulations – Definitions and Terms {#sec-250-ricr-40-20-5-5.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.13}
A."Immediate container" means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.
B."Ingredient statements" means a collective and contiguous listing on the label of the ingredients of which the pet food is composed.
C."Principal display panel" means the part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.14** Official Pet Food Regulations – Label Format and Labeling {#sec-250-ricr-40-20-5-5.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.14}
A.The statement of net content and product name must be shown on the principal display panel. All other required information may be placed elsewhere on the label but shall be sufficiently conspicuous as to render it easily read by the average purchaser under ordinary conditions of purchase and sale.
B.The declaration of the net contents shall be made in conformity with the Fair Packaging and Labeling Act, 15 U.S.C. § 1451, and the Regulations promulgated thereunder.
C.The information which is required to appear in the "guaranteed analysis" shall be listed in the following order:
1.Crude protein (minimum amount),
2.Crude fat (minimum amount),
3.Crude fiber (maximum amount),
4.Moisture (maximum amount),
5.Additional guarantees shall follow moisture.
D.The label of a pet food shall specify the name and address of the manufacturer, packer, or distributor of the pet food. The statement of the place of business should include the street address, if any, of such place unless such street address is shown in a current city directory or telephone directory.
E.If a person manufactures, packages, or distributes a pet food in a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where each package of such pet food was manufactured or packaged or is to be distributed, if such statement is not misleading in any particular.
F.A vignette, graphic, or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package.
G.The use of the word "proven" in connection with label claims for a pet food is improper unless scientific or other empirical evidence establishing the claim represented as "proven" is available.
H.No statement shall appear upon the label of a pet food which makes false or misleading comparisons between that pet food and any other pet food.
I.Personal or commercial endorsements are permitted on pet food labels where said endorsements are factual and not otherwise misleading.
J.When a pet food is enclosed in an outer container or wrapper which is intended for retail sale, all required label information must appear on such outside wrapper or container unless all of the required label information is readily legible through apertures or transparencies in such outside container or wrapper.
K.The words "dog food," "cat food," or similar designations must appear conspicuously upon the principal display panels of the pet food labels.
L.The label of a pet food shall not contain an unqualified representation or claim, directly or indirectly, that the pet food therein contained or a recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific or balanced ration for dogs or cats unless such product or feeding:
1.Contains ingredients in quantities sufficient to provide the estimated nutrient requirements for all stages of the life of a dog or cat, as the case may be, which have been established by a recognized authority on animal nutrition, such as the Committee on Animal Nutrition of the National Research Council of the National Academy of Science (to the extent that the product's ingredients provide nutrients in amounts which substantially deviate from those nutrient requirements estimated by such a recognized authority on animal nutrition, or in the event that no estimation has been made by a recognized authority on animal nutrition of the requirements of animals for one (1) or more stages of said animals' lives, the product's represented capabilities in this regard must have been demonstrated by adequate testing), or,
2.Contains a combination of ingredients which when fed to a normal animal as the only source of nourishment will provide satisfactorily for fertility of females, gestation and lactation, normal growth from weaning to maturity without supplementary feeding, and will maintain the normal weight of an adult animal whether working or at rest and has had its capabilities in this regard demonstrated by adequate testing.
M.Labels for products which are compounded for or which are suitable for only a limited purpose (i.e., a product designed for the feeding of puppies) may contain representations that said pet food product or recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific or balanced ration for dogs or cats only:
1.In conjunction with a statement of the limited purpose for which the product is intended or suitable (as, for example, in the statement "a complete food for puppies"). Such representations and such required qualification therefor shall be juxtaposed on the same panel and in the same size, style and color print; and,
2.Such qualified representations may appear on pet food labels only if:
a.The pet food contains ingredients in quantities sufficient to satisfy the estimated nutrient requirements established by a recognized authority on animal nutrition, such as the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences for such limited or qualified purpose; or,
b.The pet food product contains a combination of ingredients which when fed for such limited purpose will satisfy the nutrient requirements for such limited purpose and has had its capabilities in this regard demonstrated by adequate testing.
N.Except as specified by § 5.15(A) of this Part, the name of any ingredient which appears on the label other than in the product name shall not be given undue emphasis so as to create the impression that such an ingredient is present in the product in a larger amount than is the fact, and if the name of more than one (1) such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.15** Official Pet Food Regulations – Brand and Product Names {#sec-250-ricr-40-20-5-5.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.15}
A.No flavor designation shall be used on a pet food label unless the designated flavor is detectable by a recognized test method, or is one the presence of which provides a characteristic distinguishable by the pet. Any flavor designation on a pet food label must either conform to the name of its source as shown in the ingredient statement or the ingredient statement shall show the source of the flavor. The word flavor shall be printed in the same size type and with an equal degree of conspicuousness as the ingredient term(s) from which the flavor designation is derived.
1.Distributors of pet food employing such flavor designation or claims on the labels of the product distributed by them shall, upon request, supply verification of the designated or claimed flavor to the appropriate control official.
B.The designation "100%" or "all" or words of similar connotation shall not be used in the brand or product name of a pet food if it contains more than one ingredient. However, for the purpose of this provision, water sufficient for processing, required decharacterizing agents and trace amount of preservatives and condiments shall not be considered ingredients.
C.The term "meat" and "meat by-products" shall be qualified to designate the animal from which the meat and meat-by-products are derived unless the meat and meat-by-products are from cattle, swine, sheep, and goats. For example, "horsemeat" and "horsemeat-by-products."
D.The name of the pet food shall not be derived from one (1) or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture of a pet food product unless all components or ingredients are included in the name except as specified by §§ 5.15(A), (E) and (F) of this Part; provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if:
1.The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof; or,
2.It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; or,
3.It is not otherwise false or misleading.
E.When an ingredient or a combination of ingredients derived from animals, poultry, or fish constitutes ninety-five percent (95%) or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient(s) may form a part of the product name of the pet food: Provided, that where more than one (1) ingredient is part of such product name, then all such ingredient names shall be in the same size, style, and color print.
F.When an ingredient or a combination of ingredients derived from animals, poultry or fish constitutes at least twenty-five percent (25%) but less than ninety-five percent (95%) of the total weight of all ingredients of a pet food mixture the name or names of such ingredient or ingredients may form a part of the product name of the pet food only if the product name also includes a primary descriptive term such as "meat- balls" or "fishcakes" so that the product name describes the contents of the product in accordance with an established law, custom or usage or so that the product name is not misleading. All such ingredient names and primary descriptive term shall be,
G.Contractions or coined names referring to ingredients shall be used in the brand name of a pet food unless it is in compliance with §§ 5.15(A), (D), (E) or (F) of this Part.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.16** Official Pet Food Regulations – Expression of Guarantees {#sec-250-ricr-40-20-5-5.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.16}
A.The sliding scale method of expressing a guaranteed analysis (for example, "protein 15-18%") is prohibited.
B.Pursuant to R.I. Gen. Laws § 4-2-5(a)(3), the label of a pet food which is formulated as and represented to be a mineral additive supplement, shall include in the guaranteed analysis the maximum and minimum percentages of calcium, the minimum percentage of phosphorus and the maximum and minimum percentages of salt. The minimum content of all other essential nutrient elements recognized by NRC from sources declared in the ingredient statement shall be expressed as the element and in units of measurement established by a recognized authority of animal nutrition such as the National Research Council.
C.Pursuant to R.I. Gen. Laws § 4-2-5(a)(3), the label of pet food which is formulated as and represented to be a vitamin supplement, shall include a guarantee of the minimum content of each vitamin declared in the ingredient statement. Such guarantees shall be stated in units of measurements established by a recognized authority on animal nutrition such as the National Research Council.
D.The vitamin potency of pet food products distributed in containers smaller than one pound (1 lb.) may be guaranteed in approved units per ounce.
E.If the label of a pet food does not represent the pet food to be either a vitamin or a mineral supplement, but does not include a table of comparison of a typical analysis of the vitamin, mineral, or nutrient content of the pet food with levels recommended by a recognized animal nutrition authority, such comparison maybe stated in the units of measurement used by the recognized authority on animal nutrition such as the National Research Council. The statement in a table of comparison of the vitamin, mineral, or nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis. Such table of comparison may appear on the label separate and apart from the guaranteed analysis.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.17** Official Pet Food Regulations – Ingredients {#sec-250-ricr-40-20-5-5.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.17}
A.The maximum moisture in all pet foods shall be guaranteed and shall not exceed seventy-eight percent (78.00%) or the natural moisture content of the constituent ingredients of the product, whichever is greater. Pet foods such as those consisting principally of stew, gravy, sauce, broth, juice or a milk replacer which are so labeled, may contain moisture in excess of seventy-eight percent (78.00%).
B.Each ingredient of the pet food shall be listed in the ingredient statement, and names of all ingredients in the ingredient statement must be shown in letters or type of the same size. The failure to list the ingredients of a pet food in descending order by their predominance by weight in non-quantitative terms may be misleading. Any ingredient for which there has been established a name and definition in the AAFCO 2015 Official Publication, incorporated above at § 5.2 of this Part, shall be identified by the name so established. Any ingredient for which no name and definition has been so established shall be identified by the common or usual name of the ingredient. Brand or trade names shall not be used in the ingredient statement.
C.The term "dehydrated" may precede the name of any ingredient in the ingredient list that has been artificially dried.
D.No reference to quality or grade of an ingredient shall appear in the ingredient statement of a pet food.
E.A reference to the quality, nature, form, or other attribute of an ingredient shall not be made unless such designation is accurate and unless the ingredient imparts a distinctive characteristic to the pet food because it possesses that attribute.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.18** Official Pet Food Regulations – Directions for Use {#sec-250-ricr-40-20-5-5.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.18}
A.The label of a pet food product which is suitable only for intermittent or supplemental feeding or for some other limited purpose shall:
1.Bear a clear and conspicuous disclosure to that effect; or,
2.Contain specific feeding directions which clearly state that the product should be used only in conjunction with other foods.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.19** Official Pet Food Regulations – Drugs and Pet Food Additives {#sec-250-ricr-40-20-5-5.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.19}
A.An artificial color may be used in a pet food only if it has been shown to be harmless to pets. The permanent or provisional listing of an artificial color in the United States Food and Drug Regulations as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such Regulations, harmless to pets.
B.Prior to approval of a registration application and/or approval of a label for pet food, which contains additives, (including drugs, other special purpose additives, or non-nutritive additives) the distributor may be required to submit evidence to prove the safety and efficacy of the pet food, when used according to directions furnished on the label. Satisfactory evidence of the safety and efficacy of a pet food may be:
1.When the pet food contains such additives, the use of which conforms to the requirements of the applicable Regulation in the Code of Federal Regulations, Title 21, or which are "prior sanctioned" or "generally recognized as safe" for use, or,
2.When the pet food itself is a drug as defined in R.I. Gen. Laws § 4-2-3(7) and is generally recognized as safe and effective for label use or is marketed subject to an application approved by the Food and Drug Administration under 21 U.S.C. § 360(b).
C.The medicated labeling format recommended in the AAFCO 2015 Official Publication, incorporated above at § 5.2 of this Part, shall be used to assure that adequate labeling is provided.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
##### **250-RICR-40-20-5 § 5.20** Registration of Products {#sec-250-ricr-40-20-5-5.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-5#5.20}
A.All products that are required to be registered pursuant to the provisions of R.I. Gen. Laws § 4-2-4 shall be registered electronically through a web based application provided by the Department of Environmental Management.
B.For those applicants unable to register online, paper registration forms shall be available upon request from the Division of Agriculture.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-15 to 01/04/2022*
- *Periodic Refile — effective from 2002-01-20 to 10/15/2017*
#### **250-RICR-40-20-6** Rules and Regulations Relating to Deer Damage
##### **250-RICR-40-20-6 § 6.1** Purpose {#sec-250-ricr-40-20-6-6.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-6#6.1}
The purpose of these Rules and Regulations is to establish requirements for the taking of deer under special damage permits.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-6 § 6.2** Authority {#sec-250-ricr-40-20-6-6.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-6#6.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, Department of Environmental Management, and R.I. Gen. Laws Chapters 20-1.4; 20-1.12; 20-1.13; 20-15.3; and in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-6 § 6.3** Applicability {#sec-250-ricr-40-20-6-6.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-6#6.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-6 § 6.4** Severability {#sec-250-ricr-40-20-6-6.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-6#6.4}
If any provisions of these Rules and Regulations, or 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-6 § 6.5** Definitions {#sec-250-ricr-40-20-6-6.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-6#6.5}
A.For the purposes of these Rules and Regulations, the following terms shall have the following meanings:
1."Jack lighting" means the use (by an individual or in conjunction with others) of an artificial light at any time to illuminate, jack light, locate, attempt to locate, or show up wild birds or mammals or any other vertebrates when that person or persons have in their actual possession, in the passenger compartment of their vehicle, or in the storage area of a trunk or van, unless locked in a case, a crossbow, long bow (straight limb, reflex, recurve, and compound bow) rifle, gun, or pistol, except in accordance with these Rules and Regulations.
2.“Designee” means any Department of Environmental Management (DEM) employee.
3.“Subpermittee” means any person who is an employee of the permittee and is eligible to hunt the property as designated by the DAG in the permit issued to the permittee.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-6 § 6.6** Rules and Regulations on Deer Damage {#sec-250-ricr-40-20-6-6.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-6#6.6}
A.Application - To obtain a deer damage permit in accordance with R.I. Gen. Laws § 20-15-3, the landowner shall make a request in writing for a deer damage permit application to: Deer Damage Permit, R.I. Division of Agriculture (DAG), 235 Promenade Street, Providence, RI 02908. When necessary requests for applications may be taken over the telephone.
B.Applicant will provide:
1.Name, address, telephone number, date of birth, and hunting license number;
2.Location of property, plat and lot number maps;
3.A list of employees who may take deer per specific property including their hunting license numbers, addresses, and dates of birth.
4.Safety zone permission signatures, countersigned as required, see § 6.6(E) and § 6.6(F) of this Part.
C.The deer damage must be verified by a DAG employee or other authorized DEM employee. If deer damage is verified and all applicable regulations are met, a permit will be issued upon receipt of a $50.00 permit fee per landowner as set forth in R.I. Gen. Laws § 20-1-21. No refunds will be made.
D.The applicant shall demonstrate to the satisfaction of the DAG or other authorized DEM employee that no other practical alternatives or deterrents other than shooting the deer are available, as set forth in R.I. Gen. Laws § 20-15-3.
E.The property must qualify for safe hunting under R.I. Gen. Laws § 20-13-7. Written permission to hunt within 500 feet, 200 feet in the case of archers of occupied buildings other than those owned by the applicant must be obtained and provided with application prior to issuance of a permit. If required by a town or city governing authority all permits shall be countersigned by the local chief of police or designee before permits are valid for use.
F.The permittee must comply with all municipal laws and ordinances as they relate to hunting and firearms.
G.Any town from which a deer damage permit is requested shall be open to a regulated deer hunting season, and such hunting season shall be sufficient in length and type to serve as a deterrent to property damage caused by deer.
H.Landowners will be issued a permit to take a specified number of deer as determined by the DAG. Permittee or subpermittee shall be responsible for notifying the Department, or its official designee, within twenty-four (24) hours of the killing of any deer. All landowners qualifying for a permit will be issued a certain quantity of deer tags as determined by the DAG. It shall be the responsibility of the landowner to make sure deer taken on his/her property are properly tagged. On the mainland reports will be called into the Division of Law Enforcement (222-3070), permittees shall give their name, address, and permit numbers. On Block Island deer must be tagged at the designated check station. As soon as available, an Environmental Police Officer or an official designee, shall inspect and tag the deer with a metal seal.
I.The DAG reserves the right to limit the number of employees that may be issued subpermits under the landowner's deer damage permit. No more than five (5) persons may hunt in unison as specified in R.I. Gen. Laws § 20-13-11.
J.Harvest records, tags and/or unused permits and subpermits shall be returned to the DAG within fourteen (14) days after the expiration date of the permit; failure to return these records or permits within the specified time period may result in no future permits being issued to that permittee.
K.Permits will be issued for up to 365 days. The number of days for which the permit shall be issued will be based upon a DAG recommendation. The DAG retains the right to alter, at any time: the number of hunters/permit holders; the number of and specific days on which hunting may occur; and the number of deer that may be taken by any permittee or subpermittee in any town or on any landowner's property. If any permittee is denied a permit by the DAG that person may request a hearing within thirty (30) days of the notice of denial. All requests for a hearing shall be made to the Department of Environmental Management, Division of Administrative Adjudication.
L.Permits may be reissued for all vegetation with the re-inspection of the property by the DAG. If any permittee is denied a permit by the DAG that person may request a hearing within thirty (30) days of the notice of denial. All requests for a hearing shall be made to the Department of Environmental Management, Division of Administrative Adjudication.
M.All permittees, while hunting, must possess a valid Deer Damage Permit for that specific property and a valid R.I. Hunting License.
N.Damage permits will not be issued during legal deer seasons except as otherwise determined necessary by the DAG.
O.All applicants will be checked against a current hunting violation conviction list by the Division of Law Enforcement. Permits will not be issued to any person who has been convicted for any hunting violation under R.I. Gen. Laws Title 20, within three years preceding the date of the application. Permits may be revoked by the DAG at any time for violation of any hunting provision under R.I. Gen. Laws Title 20. No permit shall be issued to anyone whose right to hunt in the State of Rhode Island have been revoked. If any permittee is denied a permit by the DAG that person may request a hearing within thirty (30) days of the notice of denial. All requests for a hearing shall be made to the Department of Environmental Management, Division of Administrative Adjudication.
P.All deer hunting regulations promulgated under R.I. Gen. Laws Title 20 shall apply.
Q.All permittees and subpermittees may be subject to administrative penalties of up to $1,000.00 for violation of any of these regulations pursuant to R.I. Gen. Laws Chapter 42-17-6. Any permittee or subpermittee subject to administrative penalties pursuant to R.I. Gen. Laws Chapter 42-17-6 may request a hearing on the merits of the administrative penalties within twenty (20) days of said notice. All requests for a hearing shall be made to the Department of Environmental Management, Division of Administrative Adjudication.
R.Jack lighting Permit Procedures
1.In the event that deer damage is particularly severe on listed farms larger than five (5) acres, with annual gross income exceeding $2,500, with the exception of start-up operations at the discretion of the Director or designee, and when all other reasonable means of controlling crop damage, including current daylight damage permits and hunting during the regulated season have been ineffective, a DEM designee may recommend the issuance of a jacklight permit with approval by the Chief of the Division of Agriculture or his/her designee with the concurrence of the Chief of the Division of Law Enforcement. Exemptions for smaller parcels may be granted if safety considerations permit.
2.Any request for jacklight permit must initiate through the DAG. Applicants must complete a Jack lighting Deer Damage Permit Application, to include level of effort to alleviate the problem. Upon issuance the Division of Law Enforcement and the Division of Fish and Wildlife will be forwarded a copy of the permit.
3.All applicants will be checked against a current hunting violation conviction list by the Division of Law Enforcement. Permits will not be issued to any person who has been convicted for any hunting violation under R.I. Gen. Laws Title 20, within three years preceding the date of the application. Permits may be revoked by the DAG at any time for violation of any hunting provision under R.I. Gen. Laws Title 20. If any applicant is denied a permit by the DAG that person may request a hearing within thirty (30) days of the notice of denial. All requests for a hearing shall be made to the Department of Environmental Management, Division of Administrative Adjudication.
4.The number of jack lighting permits issued at any one time to a single applicant shall be based on mitigating safety factors, however in no case shall the number of permits exceed two (2). Permits are valid for fourteen (14) days. Extensions for additional 14-day periods may be granted during the permitting year upon review of existing application by the DAG.
5.Jack lighting permits may be issued after the closing date of the shotgun deer season until April 15, and from September 1 to the start of the muzzle loading deer season. Exemptions may be granted for severe damage to annual or early-harvest crops upon approval. Kill records and/or unused permits and subpermits shall be returned to the DAG within fourteen (14) days from the expiration of the permit; failure to return these records or permit within the specified time period will result in no future permits being issued to that permittee or subpermittee.
6.The permittee is required to notify the Division of Law Enforcement and the local Police Department immediately prior to use of the permit, indicating their name, permit number, location, and time during which shooting is to take place. This requirement will be printed on the permit and becomes a condition for validating and authorizing its use. Permittee must additionally maintain a record of the jack lighting activity, to include time, and made available for inspection by Environmental Police Officers. Firearms shall be limited to shotgun only, pursuant to the R.I. Hunting Regulations for the Season, 250-RICR-60-00-9. Method shall be limited to illumination by artificial light, for the purpose of safety.
7.Permittee or subpermittee shall notify the Division of Law Enforcement (1- 800-498-1336) within four (4) hours of the killing of any deer. The number of deer that may be taken per night shall be set by the DAG. Permittees shall give their name, address, and permit number, and as soon as available, an Environmental Police Officer or designee shall inspect and tag the deer with a metal seal.
8.Liability for any and all damage or injury incurred while exercising the use of jack lighting permit is the responsibility of the permit holder.
9.As a condition of the permit, the owner of the farm must permit hunting during the regulated season, allowing sufficient numbers of hunters to abate the deer damage problem, consistent with the size of the property and any safe constraints. Proof of hunting activity is the responsibility of the landowner.
10.All permittees and subpermittees may be subject to administrative penalties of up to $1,000.00 for violation of any of these regulations pursuant to R.I. Gen. Laws Chapter 42-17.6. Any permittee or subpermittee subject to administrative penalties pursuant to R.I. Gen. Laws § 42-17-6, may request a hearing on the merits of the administrative penalties within twenty (20) days of said notice. All requests for a hearing shall be made to the Department of Environmental Management, Division of Administrative Adjudication.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-40-20-7** Rules and Regulations Relating to Shell Eggs
##### **250-RICR-40-20-7 § 7.1** Purpose {#sec-250-ricr-40-20-7-7.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-7#7.1}
The purpose of these rules and regulations is to safeguard the sale of eggs in the State of Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-7 § 7.2** Statutory Authority {#sec-250-ricr-40-20-7-7.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-7#7.2}
Pursuant to due publication and public hearing required by the provisions of R.I. Gen. Laws § 2-17-1 et. seq., the director has adopted the following Rules and Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-7 § 7.3** Applicability {#sec-250-ricr-40-20-7-7.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-7#7.3}
The terms and provisions of these rules and regulations shall be liberally construed to permit the Department to effectuate the purpose of state law, goals, and policies for the sale of eggs in the State of RI.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-7 § 7.4** Definitions {#sec-250-ricr-40-20-7-7.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-7#7.4}
For the purpose of these regulations, a retailer shall be deemed to be any person, firm or corporation buying eggs for resale to consumers, and a first receiver shall be that person or firm or corporation selling eggs to a retailer.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-7 § 7.5** Procedures Sale of Egg {#sec-250-ricr-40-20-7-7.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-7#7.5}
A.Egg sale requirements:
1.All eggs displayed, offered for sale or advertised in any form shall include a statement of the proper grade and size, and grade and size shall not be abbreviated.
2.Any person selling eggs to a consumer shall give notice of the exact grade and size of eggs by plainly and conspicuously printing the grade and size on top of the carton, or other container in which the eggs are delivered to purchaser.
3.The marking of the grade and size upon any carton or other container in which eggs are exposed for sale or delivered to the purchaser, shall be in clearly legible block type letters and the grade size designations shall not be abbreviated.
4.The means used in determining the Rhode Island consumer grades and standards of quality of individual eggs shall be the process commonly known as candling.
5.Any person, firm or corporation selling eggs to a retailer shall furnish said retailer an invoice with delivery of eggs clearly specifying and the grade and size of eggs sold, and the grade and size shall not be abbreviated, see § 7.5 of this Part. Said invoice shall be available for inspection purposes to the director of environmental management or his agent for a period of 30 days from the date of purchase.
6.Grade terms and weight classification on all cases of eggs shall be placed on top in block letters. If the cover of a case of eggs is opened to display the eggs, a placard must be conspicuously placed on the case stating the grade and size.
7.“Clearly legible letters” means that all those words indicating grade and size of eggs shall be block type letters, in size proportionate with the balance of the lettering used.
8.For the purpose of these regulations, a retailer shall be deemed to be any person, firm or corporation buying eggs for resale to consumers, and a first receiver shall be that person or firm or corporation selling eggs to a retailer.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-7 § 7.6** Liability {#sec-250-ricr-40-20-7-7.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-7#7.6}
Any person, firm or corporation selling Rhode Island consumer grades of eggs shall be liable for any violations or infractions of the law or rules relating thereto.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-7 § 7.7** Violations - Penalties {#sec-250-ricr-40-20-7-7.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-7#7.7}
When the director of environmental management becomes cognizant of any violation or infraction of the law, he shall cause notice of such violations together with a copy of his findings to be given the person or persons concerned. Persons so notified shall be given a hearing by said director. Notice of such hearings shall declare the date, hour and place of hearing.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-40-20-8** Rules and Regulations under the Rhode Island State Seed Law
##### **250-RICR-40-20-8 § 8.1** Authority {#sec-250-ricr-40-20-8-8.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-8#8.1}
These regulations are promulgated pursuant to R.I. Gen. Laws § 2-6-7 and Chapter 42-17.1, and in accordance with the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-11-20 to 01/04/2022*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Amendment — effective from 2017-11-20 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2017*
##### **250-RICR-40-20-8 § 8.2** Incorporated Materials {#sec-250-ricr-40-20-8-8.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-8#8.2}
A.These regulations hereby adopt and incorporate 7 C.F.R. § 201 (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.These regulations hereby adopt and incorporate the 2017 Variety Fluorescence Levels (VFL) Report, AOSCA Grass Variety Review Board, March 8, 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.
C.These regulations hereby adopt and incorporate 7 C.F.R. § 201.36c (1994) 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-11-20 to 01/04/2022*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Amendment — effective from 2017-11-20 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2017*
##### **250-RICR-40-20-8 § 8.3** Methods of Sampling, Inspecting, Analyzing, Testing and Examining Agricultural and Vegetable Seeds and Tolerances to be Followed in the Administration of These Rules and Regulations {#sec-250-ricr-40-20-8-8.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-8#8.3}
The terms used in seed testing and the methods of sampling, inspecting, analyzing, testing and examining agricultural and vegetable seeds and the tolerances to be followed in the administration of these rules and regulations shall be those adopted effective July 1, 1955, and as subsequently amended by the Association of Official Seed Analysts.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-11-20 to 01/04/2022*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Amendment — effective from 2017-11-20 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2017*
##### **250-RICR-40-20-8 § 8.4** Prohibited Noxious Weed Seeds {#sec-250-ricr-40-20-8-8.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-8#8.4}
A.The following list of prohibited noxious weed seeds is established effective January 1, 1979:
Bindweed, Convolvulus arvensis
Nutgrass, Cyperus spp.
Quackgrass, Agropyron repens
Thistle, Canada, Cirsium arvense
B.The sale of agricultural, vegetable or lawn seed containing any prohibited noxious weed seeds is prohibited.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-11-20 to 01/04/2022*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Amendment — effective from 2017-11-20 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2017*
##### **250-RICR-40-20-8 § 8.5** Restricted Noxious Weed Seeds {#sec-250-ricr-40-20-8-8.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-8#8.5}
A.The following list of restricted noxious weed seeds is established effective January 1, 1979:
Corncockle, Agrostemma githago
Dodder, Cuscuta spp.
Garlic, Wild, Allium vineale
Horsenettle, Solanum carolinense
Mustard, Wild, Brassica spp.
Onion, Wild, Allium canadense
Plaintain, Buckhorn, Plantago ianceolata
Radish, Wild, Raphanus raphanistrum
Sowthistle, Perennial, Sonchus arvensis
B.The label shall show the name and approximate number of each kind of restricted noxious weed seed:
1.Per ounce in Agrostis spp., Poa spp., timothy, orchardgrass, fescues, alsike and white clover, reed canarygrass, ryegrass, foxtail millet, alfalfa, red clover, sweetclovers, lespedezas, smooth brome, crimson clover, and other agricultural seeds of a size and weight similar to or greater than those within this group, or any mixtures within this group; and,
2.Per pound in sudangrass, wheat, oats, rye, barley, buckwheat, sorghums, vetches, and other agricultural seeds of a size and weight similar to or greater than those within this group or any mixtures within this group.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-11-20 to 01/04/2022*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Amendment — effective from 2017-11-20 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2017*
##### **250-RICR-40-20-8 § 8.6** Germination Standards for Vegetable Seeds {#sec-250-ricr-40-20-8-8.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-8#8.6}
The standards for the germination of vegetable seeds shall be those promulgated by the U.S. Department of Agriculture as set forth in the Federal Seed Act Regulations, 7 C.F.R. § 201 (See 7 C.F.R. § 201.31 Germination Standards for Vegetable Seeds in Interstate Commerce), incorporated above at § 8.2 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-11-20 to 01/04/2022*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Amendment — effective from 2017-11-20 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2017*
##### **250-RICR-40-20-8 § 8.7** White Sweetclover {#sec-250-ricr-40-20-8-8.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-8#8.7}
Sweetclover seed containing more than 5 percent of yellow sweetclover seed (more than 1.25 percent) mottled seeds must not be labeled white sweetclover. Such seed must be labeled sweetclover or as a mixture.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-11-20 to 01/04/2022*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Amendment — effective from 2017-11-20 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2017*
##### **250-RICR-40-20-8 § 8.8** Grower's Declaration {#sec-250-ricr-40-20-8-8.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-8#8.8}
A grower's declaration is a statement signed by the grower giving, for any lot of seed the lot number, the kind, variety, origin and weight.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-11-20 to 01/04/2022*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Amendment — effective from 2017-11-20 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2017*
##### **250-RICR-40-20-8 § 8.9** Labeling of Seed Distributed to Wholesalers {#sec-250-ricr-40-20-8-8.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-8#8.9}
After seed has been processed it must be labeled before distribution to any person including a wholesaler. Each bag or bulk lot must be completely labeled when supplied to a retailer or consumer. Labeling of seed supplied to a wholesaler, one whose predominant business is to supply seed to other distributors rather than to consumers of seed, may by invoice if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not so identified must carry complete labeling.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-11-20 to 01/04/2022*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Amendment — effective from 2017-11-20 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2017*
##### **250-RICR-40-20-8 § 8.10** "Grass Variety Fluorescence Levels" (VFL) {#sec-250-ricr-40-20-8-8.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-8#8.10}
For purposes of labeling under R.I. Gen. Laws § 2-6-3(3)(ii)(A), "Grass Variety Fluorescence Levels" shall include those kinds or varieties approved by the Association of Official Seed Certifying Agencies, as set forth in the 2017 Variety Fluorescence Levels (VFL) Report, AOSCA Grass Variety Review Board, March 8, 2017, incorporated above at § 8.2(B) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-11-20 to 01/04/2022*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Amendment — effective from 2017-11-20 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2017*
##### **250-RICR-40-20-8 § 8.11** Hermetically-Sealed Seed {#sec-250-ricr-40-20-8-8.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-8#8.11}
A.The following standards, requirements and conditions must be met before seed is considered to be hermetically-sealed under the provisions of these rules and regulations.
1.The seed was packaged within 9 months after harvest.
2.The container used does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100°F with a relative humidity on one side of 90 percent and on the other side of 0 percent. Water vapor penetration or WVP is measured by the standards of the U.S. Bureau of Standards as: gm.H2O/24 hr./100 sq. in./100°F/90% RH V.0% RH, as set forth in 7 C.F.R. § 201.36c (1994), incorporated above at § 8.2(C) of this Part.
3.The seed in the container does not exceed the percentage of moisture, on a wet weight basis, as listed below:
a.Agricultural Seeds:
Agricultural Seeds
Percent
Beet, Field
7.5
Beet, Sugar
7.5
Bluegrass, Kentucky
6.0
Clover, Crimson
8.0
Fescue, Red
8.0
Ryegrass, Annual
8.0
Ryegrass, Perennial
8.0
All others
6.0
Mixture of above
8.0
b.Vegetable Seeds:
Vegetable Seeds
Percent
Bean, Garden
7.0
Bean, Lima
7.0
Beet
7.5
Broccoli
5.0
Brussel Sprouts
5.0
Cabbage
5.0
Carrot
7.0
Cauliflower
5.0
Celeriac
7.0
Celery
7.0
Chard, Swiss
7.5
Chinese Cabbage
5.0
Chives
6.5
Collards
5.0
Corn, Sweet
8.0
Cucumber
6.0
Eggplant
6.0
Kale
5.0
Kohlrabi
5.0
Leek
6.5
Lettuce
5.5
Muskmelon
6.0
Mustard, India
5.0
Onion
6.5
Onion, Welsh
6.5
Parsley
6.5
Parsnip
6.0
Pea
7.0
Pepper
4.5
Pumpkin
6.0
Radish
5.0
Rutabaga
5.0
Spinach
8.0
Squash
6.0
Tomato
5.5
Turnip
5.0
Watermelon
6.5
All Others
6.0
4.The container is conspicuously labeled in not less than 8 point type to indicate:
a.That the container is hermetically sealed,
b.That the seed has been preconditioned as to moisture content, and,
c.The calendar month and year in which the germination test was completed.
5.The percentage of germination of seed at the time of packaging was equal to or above the standards specified elsewhere in these rules and regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-11-20 to 01/04/2022*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Technical Revision — effective from 2017-11-20 to 11/20/2017*
- *Amendment — effective from 2017-11-20 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 11/20/2017*
#### **250-RICR-40-20-9** Rules Related to Cultural Practices for Branding Products of the Farm
##### **250-RICR-40-20-9 § 9.1** Purpose {#sec-250-ricr-40-20-9-9.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.1}
The purpose of these rules and regulations is to ensure that agricultural products labeled as organic or transitional have been produced, handled, or processed according to organic standards.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.2** Authority {#sec-250-ricr-40-20-9-9.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.2}
These Rules and Regulations are adopted pursuant to R.I. Gen. Laws Chapter 42-17.1, Environmental Management, Chapter 21-20, in accordance with 42-35, Administrative Procedures; and The Organic Foods Production Act of 1990, 7 U.S.C. § 6501 et seq.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.3** Administrative Findings {#sec-250-ricr-40-20-9-9.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.3}
These rules and regulations establish the National Organic Program, 7 C.F.R. § 205 (2000), as standards for organically labeled products of the farm in Rhode Island, and authorize the Department of Environmental Management to apply to the USDA for status as an accredited certifier or State organic program under 7 C.F.R. § 205.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.4** Application {#sec-250-ricr-40-20-9-9.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.4}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.5** Incorporated Materials {#sec-250-ricr-40-20-9-9.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.5}
These regulations hereby adopt and incorporate the National Organic Program, 7 C.F.R. § 205 (2000) 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.6** Definitions {#sec-250-ricr-40-20-9-9.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.6}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1.“Administrator” means the Administrator for the Agricultural Marketing Service, United States Department of Agriculture, or the representative to whom authority has been delegated to act in the stead of the Administrator.
2.“Department” means the Rhode Island Department of Environmental Management.
3.“Division” means the Rhode Island Department of Environmental Management, Division of Agriculture.
4.“Organic advisory board” means an advisory board comprised of individuals appointed by the Director.
5.“Rhode Island certified organic” means any raw or processed agricultural product offered for sale or distribution that has been produced upon a Rhode Island farm designated as a Rhode Island Certified Organic Farm by the Rhode Island Division of Agriculture and Resource Marketing, Department of Environmental Management. Farm Designation is based upon the Act and the regulations in this Part.
6.“Rhode Island certified organic farm” means a farm that meets the requirements of the Act and the regulations in this Part for organic certification and has been inspected and issued a certificate by the Division of Agriculture and Resource Marketing.
7.“Rhode Island certified organic handler” means a handler of organic product that meets the requirements of the Act and the regulations in this Part and has been inspected and issued a certificate by the Division of Agriculture and Resource Marketing.
8.“Rhode Island certified transitional” means any raw or processed agricultural product offered for sale or distribution that has been produced upon a Rhode Island farm designated as a Rhode Island Certified Transitional Farm by the Department. Farm Designation is based upon R.I. Gen. Laws Chapter 21-20 and the regulations in this Part.
9.“Rhode Island certified transitional farm” means a farm that meets the requirements of R.I. Gen. Laws Chapter 21-20 and the regulations in this Part for transitional certification and has been inspected and issued a certificate by the Division of Agriculture and Resource Marketing.
10.“The Act” means The Organic Foods Production Act of 1990, 7 U.S.C. § 6501 et seq.
11.“Transition” means the act of establishing organic management practices in accordance with R.I. Gen. Laws Chapter 21-20 and these regulations.
12.“Transition period” means the time between the start of organic management and certification of an operation or portion of an operation as organic.
13.“Transitional product” means a product from an operation or portion of an operation which has completed one or more years of the transition period towards becoming a certified organic operation and is certified by the Department in accordance with R.I. Gen. Laws Chapter 21-20 and these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.7** Organic Advisory Board - Appointment of Members {#sec-250-ricr-40-20-9-9.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.7}
A.There is hereby created an organic advisory board.
B.The board shall consist of five members appointed for terms as indicated:
1.The president, or an officer or member designated by the president, of the Rhode Island Northeast Organic Farming Association (one year).
2.One producer of organic crops appointed by the Director of the Department of Environmental Management (three years).
3.One producer of organic livestock appointed by the Director of the Department of Environmental Management (three years).
4.One handler of organic products appointed by the Director of the Department of Environmental Management (three years).
5. One at large member who is knowledgeable in the production or marketing of organic products appointed by the Director of the Department of Environmental Management (one year).
C.The initial terms of those members appointed for three years shall be staggered so as to ensure that no more than one third of these members will be appointed during a given year. Members shall serve without compensation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.8** Organic Advisory Board - Duties {#sec-250-ricr-40-20-9-9.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.8}
A.The board shall serve in an advisory capacity to the Director of Environmental Management in all aspects of the production, handling, marketing, and promotion of organic products.
B.The organic advisory board shall meet with the Director of the Department of Environmental Management biannually and at any other times as requested by the Director.
C.The organic advisory board shall make an annual recommendation on the fees for certification to the Director of the Department of Environmental Management as requested by the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.9** Administrative Policies and Procedures {#sec-250-ricr-40-20-9-9.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.9}
A.A person seeking to receive or maintain organic certification under the regulations in this Part must:
1.Comply with the Act, 7 C.F.R. § 205 (2000), incorporated above at § 9.5 of this Part, and applicable organic production and handling regulations of this Part;
2.Establish, implement, and update annually an organic production or handling system plan that is submitted to the Department as provided for in 7 C.F.R. § 205.200 et seq.;
3.Permit on-site inspections with complete access to the production or handling operation, including noncertified production and handling areas, structures, and offices by the Department as provided for in 7 C.F.R. § 205.403;
4.Maintain all records applicable to the organic operation for not less than 5 years beyond their creation and allow authorized representatives of the Secretary, the Department access to such records during normal business hours for review and copying to determine compliance with the Act and the regulations in this Part, as provided for in 7 C.F.R. § 205.104;
5.Submit to the Department fees as follows:
a.Fees stated in § 9.9(A)(5)(b) and (c) of this Part below may be reduced on an annual basis by the Director of the Department of Environmental Management according to program costs;
b.$300.00 for organic producer certification, with nonrefundable $150.00 due with the organic production system plan and the balance of $150.00 due prior to inspection of the operation;
c.Nonrefundable $550.00 for organic handler certification due with the organic handling system plan; and,
6.Immediately notify the Department concerning any:
a.Application, including drift, of a prohibited substance to any field, production unit, site, facility, livestock, or product that is part of an operation; and,
b.Change in a certified operation or any portion of a certified operation that may affect its compliance with the Act and the regulations in this Part.
B.Application for Certification.
1.Persons seeking to receive or maintain organic or transitional certification under these regulations must submit an application to the Department. All applications/plans for certification shall be submitted on forms developed by the Department, except that an applicant may substitute an application/plan prepared to meet the requirements of another federal, state or local regulatory program, provided that the application/plan meets all of the requirements of the Act and 7 C.F.R. § 205, Subpart C - Organic Production and Handling Requirements.
2.Applicants must submit any other information necessary to determine compliance with the Act and the regulations in this Part.
C.Review of application.
1.Upon acceptance of an application for certification, the Director will:
a.Review the application to ensure completeness pursuant to 7 C.F.R. § 205.401;
b.Determine by a review of the application materials whether the applicant appears to comply or may be able to comply with the applicable requirements of 7 C.F.R. § 205, Subpart C - Organic Production and Handling Requirements;
c.Verify that an applicant who previously applied to another certifying agent and received a notification of noncompliance or denial of certification, pursuant to 7 C.F.R. § 205.405, has submitted documentation to support the correction of any noncompliances identified in the notification of noncompliance or denial of certification, as required in 7 C.F.R. § 205.405(e); and,
d.Schedule an on-site inspection of the operation to determine whether the applicant qualifies for certification if the review of application materials reveals that the production or handling operation may be in compliance with the applicable requirements of 7 C.F.R. § 205, Subpart C - Organic Production and Handling Requirements.
2.The Department will within a reasonable time:
a.Review the application materials received and communicate its findings to the applicant;
b.Provide the applicant with a copy of the on-site inspection report, as approved by the certifying agent, for any on-site inspection performed; and,
c.Provide the applicant with a copy of the test results for any samples taken by an inspector.
d.The applicant may withdraw its application at any time. Such withdrawal shall be made in writing to the RI DEM Division of Agriculture and Resource Marketing. An applicant who withdraws its application shall be liable for the costs of services provided up to the time of withdrawal of its application. An applicant that voluntarily withdrew its application prior to the issuance of a notice of noncompliance will not be issued a notice of noncompliance. Similarly, an applicant that voluntarily withdrew its application prior to the issuance of a notice of certification denial will not be issued a notice of certification denial.
D.On-site inspections.
1.On-site inspections.
a.The Department will conduct an initial on-site inspection of each production unit, facility, and site that produces or handles organic products and that is included in an operation for which certification is requested. An on-site inspection shall be conducted annually thereafter for each certified operation that produces or handles organic products for the purpose of determining whether to approve the request for certification or whether the certification of the operation should continue.
b.The Department may conduct additional on-site inspections of applicants for certification and certified operations to determine compliance with the Act and the regulations in this Part.
c.The Administrator may require that additional inspections be performed by the Department for the purpose of determining compliance with the Act and the regulations in this Part.
d.Additional inspections may be announced or unannounced at the discretion of the Department or as required by the Administrator.
2.Scheduling.
a.The initial on-site inspection will be conducted within a reasonable time following a determination that the applicant appears to comply or may be able to comply with the requirements of 7 C.F.R. § 205, Subpart C: Except, that, the initial inspection may be delayed for up to 6 months to comply with the requirement that the inspection be conducted when the land, facilities, and activities that demonstrate compliance or capacity to comply can be observed.
b.All on-site inspections will be conducted when an authorized representative of the operation who is knowledgeable about the operation is present and at a time when land, facilities, and activities that demonstrate the operation's compliance with or capability to comply with the applicable provisions of 7 C.F.R. § 205, Subpart C can be observed, except that this requirement does not apply to unannounced on-site inspections.
c.All initial and annual on-site inspections for producers requesting certification must be conducted no later than September 1 of the year in which certification is requested.
3.Verification of information. The on-site inspection of an operation will verify:
a.The operation's compliance or capability to comply with the Act and the regulations in this Part;
b.That the information, including the organic production or handling system plan, provided in accordance with 7 C.F.R. §§ 205.401, 205.406, and 205.200, accurately reflects the practices used or to be used by the applicant for certification or by the certified operation;
c.That prohibited substances have not been and are not being applied to the operation through means which, at the discretion of the Department, may include the collection and testing of soil; water; waste; seeds; plant tissue; and plant, animal, and processed products samples.
4.Exit interview. The inspector must conduct an exit interview with an authorized representative of the operation who is knowledgeable about the inspected operation to confirm the accuracy and completeness of inspection observations and information gathered during the on-site inspection. The inspector will also address the need for any additional information as well as any issues of concern.
5.Documents to the inspected operation.
a.At the time of the inspection, the inspector will provide the operation's authorized representative with a receipt for any samples taken by the inspector. There shall be no charge to the inspector for the samples taken.
b.A copy of the on-site inspection report and any test results will be sent to the inspected operation by the Department.
E.Granting certification.
1.Within a reasonable time after completion of the initial on-site inspection, the Department will review the on-site inspection report, the results of any analyses for substances conducted, and any additional information requested from or supplied by the applicant. If the Department determines that the organic system plan and all procedures and activities of the applicant's operation are in compliance with the requirements of this Part and that the applicant is able to conduct operations in accordance with the plan, the Department shall grant certification. The certification may include requirements for the correction of minor noncompliances within a specified time period as a condition of continued certification.
2.The Department will issue a certificate of organic operation which specifies the:
a.Name and address of the certified operation;
b.Effective date of certification;
c.Categories of organic operation, including crops, wild crops, livestock, or processed products produced by the certified operation; and,
d.Name, address, and telephone number of the certifying agent.
3.Once certified, a production or handling operation's organic certification continues in effect until surrendered by the organic operation or suspended or revoked by the Department, or the Administrator.
4.The decision to certify will be made by a person different from those who conducted the review of documents and on-site inspection.
F.Denial of certification.
1.When the Department has reason to believe, based on a review of the information specified in 7 C.F.R. § 205.402 or § 205.404, that an applicant for certification is not able to comply or is not in compliance with the requirements of this Part, the Department will provide a written notification of noncompliance to the applicant. When correction of a noncompliance is not possible, a notification of noncompliance and a notification of denial of certification may be combined in one notification. The notification of noncompliance will provide:
a.A description of each noncompliance;
b.The facts upon which the notification of noncompliance is based; and,
c.The date by which the applicant must rebut or correct each noncompliance and submit supporting documentation of each such correction when correction is possible.
2.Upon receipt of such notification of noncompliance, the applicant may:
a.Correct noncompliances and submit a description of the corrective actions taken with supporting documentation to the Department;
b.Correct noncompliances and submit a new application to another certifying agent: Provided, that, the applicant must include a complete application, the notification of noncompliance received from the Department, and a description of the corrective actions taken with supporting documentation; or,
c.Submit written information to the Department to rebut the noncompliance described in the notification of noncompliance.
3.After issuance of a notification of noncompliance, the Department will:
a.Evaluate the applicant's corrective actions taken and supporting documentation submitted or the written rebuttal, conduct an on-site inspection if necessary, and,
(1)When the corrective action or rebuttal is sufficient for the applicant to qualify for certification, issue the applicant an approval of certification pursuant to 7 C.F.R. § 205.404; or,
(2)When the corrective action or rebuttal is not sufficient for the applicant to qualify for certification, issue the applicant a written notice of denial of certification.
b.Issue a written notice of denial of certification to an applicant who fails to respond to the notification of noncompliance.
c.Provide notice of approval or denial to the Administrator, pursuant to 7 C.F.R. § 205.501(a)(14).
4.A notice of denial of certification must state the reason(s) for denial and the applicant's right to:
a.Reapply for certification pursuant to 7 C.F.R. §§ 205.401 and 205.405(e);
b.Request mediation pursuant to 7 C.F.R. § 205.663 or, if applicable, pursuant to a State organic program; or,
c.File an appeal of the denial of certification pursuant to 7 C.F.R. § 205.681 or, if applicable, pursuant to a State organic program.
5.An applicant for certification who has received a written notification of noncompliance or a written notice of denial of certification may apply for certification again at any time with any certifying agent, in accordance with 7 C.F.R. §§ 205.401 and 205.405(e). When such applicant submits a new application to a certifying agent other than the agent who issued the notification of noncompliance or notice of denial of certification, the applicant for certification must include a copy of the notification of noncompliance or notice of denial of certification and a description of the actions taken, with supporting documentation, to correct the noncompliances noted in the notification of noncompliance.
6.If the Department receives a new application for certification, which includes a notification of noncompliance or a notice of denial of certification, it will treat the application as a new application and begin a new application process pursuant to 7 C.F.R. § 205.402.
7.Notwithstanding paragraph (a) of 7 C.F.R. § 205.405, if the Department has reason to believe that an applicant for certification has willfully made a false statement or otherwise purposefully misrepresented the applicant's operation or its compliance with the certification requirements pursuant to this Part, the Department may deny certification pursuant to paragraph (c)(1)(ii) of 7 C.F.R. § 205.405 without first issuing a notification of noncompliance.
G.Continuation of certification.
1.To continue certification, a certified operation must annually submit to the Department an updated organic production or handling system plan on forms developed by the Department, and continuation fees as follows:
a.Fees stated in § 9.9(G)(1)(b) and (c) of this Part below may be reduced on an annual basis by the Director of the Department of Environmental Management according to program costs;
b.$300.00 for organic producer certification, with nonrefundable $150.00 due with the organic production system plan and the balance of $150.00 due prior to inspection of the operation;
c.Nonrefundable $550.00 for organic handler certification due with the organic handling system plan;
2.Certified Operations must submit any other information necessary to determine compliance with the Act and the regulations in this Part.
3.Following the receipt of the information specified in paragraph (1) of 7 C.F.R. § 205.406, the Department will within a reasonable time arrange and conduct an on-site inspection of the certified operation pursuant to 7 C.F.R. § 205.403: Except, that, when it is impossible for the Department to conduct the annual on-site inspection following receipt of the certified operation's annual update of information, the Department will allow continuation of certification and issue an updated certificate of organic operation on the basis of the information submitted and the most recent on-site inspection conducted during the previous 12 months: Provided, that, the annual on-site inspection, required pursuant to 7 C.F.R. § 205.403, is conducted within the first 6 months following the certified operation's scheduled date of annual update.
4.All annual on-site inspections for producers requesting continuation of certification must be conducted no later than September 1 of the year in which certification is requested.
5.If the Department has reason to believe, based on the on-site inspection and a review of the information specified in 7 C.F.R. § 205.404, that a certified operation is not complying with the requirements of the Act and the regulations in this Part, the Department will provide a written notification of noncompliance to the operation in accordance with 7 C.F.R. § 205.662.
6.If the certifying agent determines that the certified operation is complying with the Act and the regulations in this Part and that any of the information specified on the certificate of organic operation has changed, the Department will issue an updated certificate of organic operation pursuant to 7 C.F.R. § 205.404(b).
H.Emergency pest or disease treatment
1.Immediately Following any Federal or State, or municipal emergency pest or disease treatment with a prohibited substance in the State of Rhode Island, the Department will inspect all certified operations within the area treated and within the range of drift of the treatment. If crops are determined to have been contacted by the prohibited substance, the operation will be notified that the affected crops cannot be sold, labeled, or represented as organically produced.
2.When a prohibited substance is applied to a certified operation due to a Federal or State emergency pest or disease treatment program and the certified operation otherwise meets the requirements of this Part, the certification status of the operation shall not be affected as a result of the application of the prohibited substance: Provided, that:
a.Any harvested crop or plant part to be harvested that has contact with a prohibited substance applied as the result of a Federal or State emergency pest or disease treatment program cannot be sold, labeled, or represented as organically produced; and,
b.Any livestock that are treated with a prohibited substance applied as the result of a Federal or State emergency pest or disease treatment program or product derived from such treated livestock cannot be sold, labeled, or represented as organically produced: Except, that:
(1)Milk or milk products may be sold, labeled, or represented as organically produced beginning 12 months following the last date that the dairy animal was treated with the prohibited substance; and,
(2)The offspring of gestating mammalian breeder stock treated with a prohibited substance may be considered organic: Provided, that, the breeder stock was not in the last third of gestation on the date that the breeder stock was treated with the prohibited substance.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.10** Transitional Certification {#sec-250-ricr-40-20-9-9.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.10}
A.Products of farms in transition to organic certification may be labeled or represented as "certified transitional" or "transitional" after 12 months of production using organic methods which comply with the Act and the regulations in this Part.
B.In order to market products as "certified transitional" or "transitional" an operation must maintain records as set forth in 7 C.F.R. § 205.103 and develop an organic production plan as set forth in 7 C.F.R. § 205.201.
C.At least one inspection must occur prior to harvest of a transitional crop in order for the crop to be labeled or represented as "certified transitional" or "transitional".
D.Transitional status may only be granted where the applicant can provide evidence of:
1.At least 12 months active organic management prior to harvest; or,
2.Twelve (12) months with no application of prohibited materials prior to planting and organic management of any area of the farm that is or will be used for transitional crop production.
E."Transitional" and "certified transitional" products must not:
1.Be labeled or represented as "organic" or "transition to organic";
2.Be used as organic ingredients in the formulation of products labeled as "100% organic," "organic," or "made with organic (specified ingredients or food group(s))";
3.Use the USDA organic seal; or,
4.Use the certified organic seal of the Department, unless that seal is specifically designed for transitional products and is clearly distinguishable from the Department’s seal used on organic products.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.11** Transfer of Logo Material Upon Termination of Certification {#sec-250-ricr-40-20-9-9.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.11}
In the event that a certified operation dissolves or loses or surrenders its certification, any unused certified organic logo materials issued to that operation by the Department shall be returned to the Department.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.12** Enforcement {#sec-250-ricr-40-20-9-9.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.12}
These Rules and Regulations shall be enforced in accordance with the applicable General Laws of the State of Rhode Island and regulations of the Director of the Department of Environmental Management. For the purpose of the enforcement of these regulations, all civil penalties imposed for violations of these regulations, including 7 C.F.R. § 205.662(g)(1) shall be computed in accordance with R.I. Gen. Laws § 42-17.6 and the Department’s Rules and Regulations for the Assessment of Administrative Penalties. All sanctions imposed in accordance with 7 C.F.R. § 205.662(g)(2) shall be levied in accordance with R.I. Gen. Laws § 21-20-6.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.13** Prohibitions {#sec-250-ricr-40-20-9-9.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.13}
Products of the farm offered for sale as graded, marked, labeled, packed or branded as conforming to the term “Rhode Island Certified Organic” or “Rhode Island Certified Transitional” must in fact so conform.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
##### **250-RICR-40-20-9 § 9.14** Severability {#sec-250-ricr-40-20-9-9.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-9#9.14}
If any provisions 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-11-20 to 01/04/2022*
- *Amendment — effective from 2008-06-01 to 11/20/2017*
- *Amendment — effective from 2004-10-25 to 06/01/2008*
- *Amendment — effective from 2002-06-26 to 10/25/2004*
- *Periodic Refile — effective from 2001-12-31 to 06/26/2002*
#### **250-RICR-40-20-10** Rules and Regulations Relating to Fertilizers
##### **250-RICR-40-20-10 § 10.1** Authority {#sec-250-ricr-40-20-10-10.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-10#10.1}
These Regulations are promulgated pursuant to R.I. Gen. Laws § 2-7-13 and Chapter 42-17.1, and in accordance with the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-40-20-10 § 10.2** Incorporated Materials {#sec-250-ricr-40-20-10-10.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-10#10.2}
A.These Regulations hereby adopt and incorporate the Official Methods of Analysis of the Association of Official Analytical Chemists, 11th Edition (1970) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations.
B.These Regulations hereby adopt and incorporate the Official Methods of Analysis of the Association of Official Analytical Chemists, 12th Edition (1975) 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.
C.These Regulations hereby adopt and incorporate the Journal of the Association of Official Analytical Chemists, Volume 49, No. 5 (October 1966) 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.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-40-20-10 § 10.3** Plant Nutrients in Addition to Nitrogen, Phosphorus and Potassium {#sec-250-ricr-40-20-10-10.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-10#10.3}
A.Other plant nutrients, when mentioned in any form or manner shall be registered and shall be guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed and proof of availability shall be provided the Director upon request. The minimum percentages which will be accepted for registration are as follows:
Element
%
Element
%
Calcium (Ca)
1.00
Copper (Cu)
0.05
Magnesium (Mg)
0.50
Iron (Fe)
0.10
Sulfur (S)
1.00
Manganese (Mn)
0.05
Boron (B)
0.02
Molybdenum (Mo)
0.0005
Chlorine (Cl)
0.10
Sodium (Na)
0.10
Cobalt (Co)
0.0005
Zinc (Zn)
0.05
B.Guarantees or claims for the plant nutrients listed in § 10.3(A) of this Part are the only ones which will be accepted. Proposed labels and directions for the use of the fertilizer shall be furnished with the application for registration upon request. Any of the above listed elements which are guaranteed shall appear in the order listed immediately following guarantees for the primary nutrients of nitrogen, phosphorus and potassium.
C.A warning or caution statement is required on the label for any product which contains three one hundredths of one percent (0.03%) or more of boron in water soluble form. This statement shall carry the word "warning" or "caution" conspicuously displayed, shall state the crop(s) for which the fertilizer is to be used, and state that the use of the fertilizer on any other than those recommended may result in serious injury to the crop(s).
D.Products containing one one thousandth of one percent (0.001%) or more of molybdenum also require a warning statement on the label. This shall include the word "warning" or "caution" and one (1) statement that the application of fertilizers containing molybdenum may result in forage crops containing levels of molybdenum which are toxic to ruminant animals.
E.Example of Warning or Caution Statements:
1.Boron:
a.Directions: Apply this fertilizer at a maximum of three hundred fifty (350) pounds per acre for alfalfa or red clover seed production. Caution: do not use on other crops. The boron may cause injury to them.
b.Caution: Apply this fertilizer at a maximum rate of seven hundred (700) pounds per acre for alfalfa or red clover seed production. Do not use on other crops; the boron may cause serious injury to them.
c.Warning: This fertilizer carries added borax and is intended for use only on alfalfa. Its use on any other crops or under conditions other than those recommended may result in serious injury to the crop.
2.Molybdenum:
Caution: This fertilizer is to be used only on soil which responds to molybdenum. Crops high in molybdenum are toxic to grazing animals (ruminants).
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-40-20-10 § 10.4** Specialty Fertilizer Labels {#sec-250-ricr-40-20-10-10.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-10#10.4}
A.The following information, if not appearing on the face or display side in a readable and conspicuous form, shall occupy at least the upper one third (1/3) of a side of the container and shall be considered the label.
1.Net Weight
2.Brand and Grade
3.Guaranteed Analysis:
a.Total Nitrogen (N)_____%
b._____% Ammoniacal Nitrogen (If claimed or required).
c._____% Nitrate Nitrogen (If claimed or required).
d._____% Water Insoluble Nitrogen (If claimed, or the statement "organic" or "slow acting nitrogen" is used on the label).
e.Available Phosphoric Acid (P2O5) _____%
f.Soluble Potash (K2O) _____%
g.Additional plant nutrients as prescribed by regulation. Sources of nutrients, when shown on the label, shall be listed below the guaranteed analysis.
h.Potential Acidity or Basicity_____lbs. Calcium Carbonate Equivalent per ton. (If claimed or required).
4.Name and address of registrant
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-40-20-10 § 10.5** Slowly Available Plant Nutrients {#sec-250-ricr-40-20-10-10.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-10#10.5}
A.No fertilizer label shall bear a statement that connotes or infers the presence of a slowly available plant nutrient, unless the nutrient or nutrients are identified.
B.When a fertilizer label infers or connotes that the nitrogen is slowly available through use of organic, organic nitrogen, ureaform, long lasting or similar terms, the guaranteed analysis must indicate the percentage of water insoluble nitrogen in the material, except manipulated animal and vegetable manures distributed as such and not mixed with other materials. When the water insoluble nitrogen is less than fifteen percent (15%) of the total nitrogen, the label shall bear no reference to such designations.
C.To supplement § 10.5(B) of this Part, it should be established that if a label states the amount of organic nitrogen present in a phrase, such as "twenty-five percent (25%) of the nitrogen from ureaformaldehyde (ureaform)," then the water insoluble nitrogen guarantee must not be less than sixty percent (60%) of the nitrogen so designated.
Example: 10-6-4 Rose Food; 25% of Nitrogen is Organic; 10 (Total N Guaranteed) x .25(% N Claimed as Organic) x .60=1.5% WIN.
D.The term "coated-slow release fertilizer," or "coated-slow release" may be accepted as descriptive of products.
E.Further, the phrases in § 10.5(D) of this Part are allowed for any products that can show a testing program substantiating the claim. (Testing under guidance of experiment station personnel, or a recognized reputable researcher, etc.). Water insoluble nitrogen must be guaranteed at the fifteen percent (15%) of total nitrogen level as in organic materials.
F.AOAC method 2.064, or as it shall be designated in subsequent AOAC editions, is to be used to confirm the water insoluble nitrogen of coated products and others whose slow release characteristics depend on particle size; AOAC method 2.062 shall be used to determine the water insoluble nitrogen of other products applicable for these procedures, both methods are set forth in the Official Methods of Analysis of the Association of Official Analytical Chemists, 12th Edition (1975), incorporated above at § 10.2(B) of this Part.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-40-20-10 § 10.6** Definitions {#sec-250-ricr-40-20-10-10.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-10#10.6}
Except as the Director designates otherwise in specific cases, the names and definitions for commercial fertilizers shall be those adopted by the Association of American Plant Food Control Officials.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-40-20-10 § 10.7** Percentages {#sec-250-ricr-40-20-10-10.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-10#10.7}
The term of "percentage," by symbol or word, when used on a fertilizer label shall represent only the amount of individual plant nutrients in relation to the total product by weight.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-40-20-10 § 10.8** Investigational Allowances {#sec-250-ricr-40-20-10-10.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-10#10.8}
A.A commercial fertilizer shall be deemed deficient if the analysis of nutrient is below the guarantee by an amount exceeding the values in the following schedule, or if the overall index value of the fertilizer is below ninety-eight percent (98%) following § 10.8(A)(2) of this Part.
Guarantee Percent
Nitrogen Percent
Available Phosphoric Acid, Percent
Potash Percent
4 or less
0.49
0.67
0.41
5
0.51
0.67
0.43
6
0.52
0.67
0.47
7
0.54
0.68
0.53
8
0.55
0.68
0.60
9
0.57
0.68
0.65
10
0.58
0.69
0.70
12
0.61
0.69
0.79
14
0.63
0.70
0.87
16
0.67
0.70
0.94
18
0.70
0.71
1.01
20
0.73
0.72
1.08
22
0.75
0.72
1.15
24
0.78
0.73
1.21
26
0.81
0.73
1.27
28
0.83
0.74
1.33
30
0.86
0.75
1.39
32 or more
0.88
0.76
1.44
1.For guarantees not listed, calculate the appropriate value by interpolation.
2.For these investigational allowances to be applicable, the recommended AOAC procedures for obtaining samples, sample preparation and analysis must be used. These are described in Official Methods of Analysis of the Association of Official Analytical Chemists, 11th edition (1970), incorporated above at § 10.2(A) of this Part, and in succeeding issues of the Journal of the Association of Official Analytical Chemists. In evaluating replicate data, table 19, page 935, Journal of the Association of Official Analytical Chemists, Volume 49, No. 5 (October 1966), incorporated above at § 10.2(C) of this Part, should be followed.
3.Averaging at least two (2) values must be adhered to. If more than two (2) values are obtained, all significant values must be averaged. Values carried to two (2) decimals are needed in applying averages to this table. Values may be "rounded" to one (1) place where preferred in reporting.
4.The overall index value is calculated by comparing the commercial value guaranteed with the commercial value found. Unit values of the nutrients used shall be those referred to in § 10.7(A)(4)(a) of this Part.
Overall index value example of calculation for a 10-10-10 grade found to contain 10.1% total nitrogen (N), 10.2% available phosphoric acid (P2O5), and 10.1% soluble potash (K2O); nutrient unit values are assumed to be $3 per unit N, $2 per unit P2O5, and $1 per unit K2O:
10.0 units N
x3=
30.0
10.0 units P2O5
x2=
20.0
10.0 units K2O
x1=
10.0
Commercial Value Guarantee
=
60.0
10.1 units N
x3=
30.3
10.2 units P2O5
x2=
20.4
10.1 units K2O
x1=
10.1
Commercial Value Found
=
60.8
60.8
Overall index value =
X
100=101.3%
60.0
B.Secondary and minor elements shall be deemed deficient if any element is below the guarantee by an amount exceeding the values in the following schedule:
Element
Allowable Deficiency
Calcium
0.2 unit + 5% of guarantee
Magnesium
0.2 unit + 5% of guarantee
Sulfur
0.2 unit + 5% of guarantee
Boron
0.003 unit + 15% of guarantee
Cobalt
0.0001 unit + 30% of guarantee
Molybdenum
0.0001 unit + 30% of guarantee
Chlorine
0.005 unit + 10% of guarantee
Copper
0.005 unit + 10% of guarantee
Iron
0.005 unit + 10% of guarantee
Manganese
0.005 unit + 10% of guarantee
Sodium
0.005 unit + 10% of guarantee
Zinc
0.005 unit + 10% of guarantee
The maximum allowance when calculated in accordance to the above shall be 1 unit (1%).
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-40-20-10 § 10.9** Sampling {#sec-250-ricr-40-20-10-10.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-10#10.9}
Sampling equipment and procedures shall be those adopted by The Association of Official Analytical Chemists wherever applicable.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-40-20-10 § 10.10** Breakdown of Plant Food Elements within the Guaranteed Analysis {#sec-250-ricr-40-20-10-10.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-10#10.10}
A.When a plant nutrient guaranteed is broken down into the component forms, the percentage for each component shall be shown before the name of the form.
Example: 4% Nitrate Nitrogen.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-40-20-10 § 10.11** Registration of Products {#sec-250-ricr-40-20-10-10.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-10#10.11}
A.All products that are required to be registered pursuant to the provisions of R.I. Gen. Laws § 2-7-4 shall be registered electronically through a web based application provided by the Department of Environmental Management.
B.For those applicants unable to register online, paper registration forms shall be available upon request from the Division of Agriculture.
**History**
- *Amendment — effective from 2022-01-05 to current*
- *Periodic Refile — effective from 2022-01-04 to 01/05/2022*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
#### **250-RICR-40-20-12** Rules and Regulations for the Implementation of the Rhode Island Agricultural and Fisheries Products Identification Service Mark
##### **250-RICR-40-20-12 § 12.1** Authority {#sec-250-ricr-40-20-12-12.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-12#12.1}
Pursuant to due publication and public hearing the Director has adopted the following Rules and Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-12 § 12.2** Definitions {#sec-250-ricr-40-20-12-12.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-12#12.2}
A."Director" means Director of the Department of Environmental Management.
B."Department" means Department of Environmental Management.
C."Label" means any label, tag or imprint with official service mark thereon.
D."Official grades" means agricultural commodity grades as promulgated by the Director, provided, however, in the absence of an official Rhode Island grade, the grade established by the Secretary of Agriculture of the United States shall serve.
E."Service mark" means Service mark - of the Department of Environmental Management registered with the Rhode Island Secretary of State.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-12 § 12.3** Application {#sec-250-ricr-40-20-12-12.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-12#12.3}
Any applicant desiring to use the Department's registered service mark on fresh or processed Rhode Island agricultural or fisheries products and is lawfully marketing such products, shall make application to the Department on a form provided by said Department.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-12 § 12.4** Acceptances {#sec-250-ricr-40-20-12-12.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-12#12.4}
Acceptances before such application is approved or rejected by the Department, a survey will be made by the Department to determine if said applicant can reasonably comply with the Rules and Regulations for the particular product or products named in said application. The Director, after reviewing the survey information, may approve or reject the same for good and sufficient reasons. If approved, an authorization number shall be issued to said applicant by the Department.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-12 § 12.5** Authorization Numbers {#sec-250-ricr-40-20-12-12.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-12#12.5}
Authorization number so assigned by the Director to an authorized applicant shall remain with the applicant during his active participation in the program, and shall not be assigned or transferable.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-12 § 12.6** Authorization Certificates {#sec-250-ricr-40-20-12-12.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-12#12.6}
Authorization certificate carrying the authorization number assigned by the Department shall be issued by said Department and shall be on display in the principle place of business of the applicant within the state.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-12 § 12.7** Official Specifications {#sec-250-ricr-40-20-12-12.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-12#12.7}
The service mark shall not be used unless the agricultural and fisheries products so labeled are in compliance with the official grade specifications established for the product.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-12 § 12.8** Penalty for Violation {#sec-250-ricr-40-20-12-12.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-12#12.8}
The Director may revoke the right to use or suspend such use of the service mark for good and sufficient reasons. In the case of such revocation or suspension, the applicant shall have the right to be heard. Notice of such hearing must be given within thirty days of revocation and notice of such hearing shall be served personally or by certified mail at least ten days prior to such hearing.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-20-12 § 12.9** Amendments {#sec-250-ricr-40-20-12-12.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-12#12.9}
The Director may amend these Rules and Regulations at any time, as he deems necessary.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-40-20-13** Rules and Regulations Governing the Rhode Island Seafood Brand and the Mislabeling of Marine Species
##### **250-RICR-40-20-13 § 13.1** Purpose {#sec-250-ricr-40-20-13-13.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-13#13.1}
A.The purposes of these Regulations are:
1.To establish a Rhode Island Seafood Brand, or logo, to be administered by the Department of Environmental Management, for use in identifying and promoting Rhode Island seafood products;
2.To adopt Rules and Regulations governing the use of the Rhode Island Seafood Brand, or logo; and
3.To further guard against the mislabeling or misrepresentation of marine species and seafood products produced and sold in Rhode Island.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2013-11-21 to 01/04/2022*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Adoption — effective from 2013-11-21 to 11/21/2013*
##### **250-RICR-40-20-13 § 13.2** Authority {#sec-250-ricr-40-20-13-13.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-13#13.2}
These Regulations are adopted pursuant to R.I. Gen. Laws Title 20, Fish and Wildlife, Chapters 42-17.1, 42-17.6, and 42-17.7, and §§ 2-1-8 and 2-1-9, consistent with Chapters 21-31 and 23-1, and in accordance with Chapter 42-35, the Administrative Procedures Act.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2013-11-21 to 01/04/2022*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Adoption — effective from 2013-11-21 to 11/21/2013*
##### **250-RICR-40-20-13 § 13.3** Administrative Findings {#sec-250-ricr-40-20-13-13.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-13#13.3}
A.R.I. Gen. Laws § 2-1-8 vests the Director of the R.I. Department of Environmental Management with the authority to establish and administer programs to promote the marketing of Rhode Island seafood products grown and produced in Rhode Island for the purpose of encouraging the development of the commercial fishing and agricultural [aquaculture] sectors in the State. In accordance with this authority and purpose, and consistent with recommendations set forth by the Rhode Island Seafood Marketing Collaborative, established pursuant to R.I. Gen. Laws Chapter 20-38, the Director has determined that a Rhode Island Seafood Brand will serve the interests of the State by:
1.Enhancing opportunities to identify, access, and enjoy Rhode Island seafood;
2.Bolstering consumer awareness and confidence regarding the nature and source of Rhode Island seafood; and
3.Elevating the status of Rhode Island seafood in the marketplace, thereby increasing demand and consumption, contributing to a more stable and resilient local food system, and yielding greater economic value for Rhode Island seafood.
B.The Director further finds that the marketing of Rhode Island seafood products would be enhanced, if consistent with the authority of the Rhode Island Department of Health pursuant to R.I. Gen. Laws Chapters 23-1 and 21-31 and the Director’s authority pursuant to R.I. Gen. Laws §§ 2-1-8 and 2-1-9, purchasers of marine products were afforded additional protection against the mislabeling or misrepresentation of Rhode Island seafood products.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2013-11-21 to 01/04/2022*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Adoption — effective from 2013-11-21 to 11/21/2013*
##### **250-RICR-40-20-13 § 13.4** Application {#sec-250-ricr-40-20-13-13.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-13#13.4}
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purpose of State law, goals, and policies.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2013-11-21 to 01/04/2022*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Adoption — effective from 2013-11-21 to 11/21/2013*
##### **250-RICR-40-20-13 § 13.5** Definitions {#sec-250-ricr-40-20-13-13.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-13#13.5}
A.For the purpose of these Regulations, the following terms shall have the following meanings:
1."Authorized seafood dealer" means a person duly licensed by the State of Rhode Island to sell, purchase, barter, and/or trade seafood products obtained directly from a duly licensed commercial fisher or commercial aquaculturist. The term shall also include those commercial fishers who are authorized to sell live lobsters and crabs directly to consumers pursuant to § 90-00-2.7.6(I) of this Title. The term shall also include holders of Direct Sale Dealer Licenses issued pursuant to § 90-00-7.13 of this Title.
2."Authorized seafood retailer" means a person or business duly licensed by the State of Rhode Island as a food market or food business, pursuant to 216-RICR-50-10-1, Rhode Island Food Code, and thereby authorized to sell seafood products obtained from an authorized seafood dealer or seafood wholesaler.
3."Authorized seafood wholesaler" means a person or business duly licensed by the State of Rhode Island to sell, purchase, barter, and/or trade seafood products obtained from a duly licensed commercial fisher, commercial aquaculturist, authorized seafood dealer, or other authorized seafood wholesaler.
4."Authorized user" means any authorized seafood dealer, authorized seafood retailer, or authorized seafood wholesaler engaged in sales or donations of Rhode Island seafood products in Rhode Island.
5.“Commercial aquaculturist” means an individual, firm, partnership, association, academic institution, municipality, or corporation, duly licensed by the State of Rhode Island to conduct commercial aquaculture in Rhode Island, pursuant to R.I. Gen. Laws Chapter 20-10.
6.“Commercial fisher” means a person duly licensed by the State of Rhode Island to harvest and/or land seafood products in Rhode Island, pursuant to R.I. Gen. Laws Chapter 20-2.1.
7.“Department” means the Rhode Island Department of Environmental Management.
8.“Land” means to transfer seafood products directly from a commercial aquaculturist or a commercial fisher to an authorized seafood dealer for sale or intended sale.
9.“Person” means an individual, corporation, partnership, or other legal entity.
10.“Rhode Island seafood products” means any marine species that have been grown in Rhode Island waters by commercial aquaculturists and any marine species that have been landed in Rhode Island by commercial fishers, pursuant to all applicable State and Federal Regulations.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2013-11-21 to 01/04/2022*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Adoption — effective from 2013-11-21 to 11/21/2013*
##### **250-RICR-40-20-13 § 13.6** General Requirements {#sec-250-ricr-40-20-13-13.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-13#13.6}
A.A Rhode Island Seafood Brand (the “brand”) is hereby established and depicted in the attachment to these Regulations which is designated as § 13.11 of this Part.
B.The brand is subject to the full ownership of, and control by, the Department.
C.Any alteration or modification of the brand is prohibited without the express written consent of the Department.
D.The brand may be used by anyone for the purpose of promoting Rhode Island seafood products.
E.Authorized users may use the brand to identify, market, sell, and/or donate Rhode Island seafood products subject to the following provisions:
1.Upon request, and no later than ten (10) days following such request, authorized users must be able to verify that a product identified, promoted, marketed, sold, and/or donated as a Rhode Island seafood product was landed in Rhode Island or grown in Rhode Island waters. Verification may be in the form of a valid SAFIS dealer report, a receipt of sale stemming from a valid SAFIS dealer report, or any other verifiable chain of custody stemming from a valid SAFIS dealer report.
2.Authorized users of the brand are responsible for ensuring that the brand is used properly, i.e., if applied to packaging, only applied to packaging that contains Rhode Island seafood products; or if used in display cases or on menus, only applied to products or menu items involving Rhode Island seafood products. If using the brand to distinguish Rhode Island seafood products, the co-mingling of Rhode Island seafood products with seafood products from other States is prohibited.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2013-11-21 to 01/04/2022*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Adoption — effective from 2013-11-21 to 11/21/2013*
##### **250-RICR-40-20-13 § 13.7** Mislabeling of Marine Species {#sec-250-ricr-40-20-13-13.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-13#13.7}
No person shall offer for barter, trade, or sale a seafood product that is mislabeled as prohibited by R.I. Gen. Laws Chapters 23-1 or 21-31, i.e., represented to be a species other than the species that it actually is.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2013-11-21 to 01/04/2022*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Adoption — effective from 2013-11-21 to 11/21/2013*
##### **250-RICR-40-20-13 § 13.8** Penalties {#sec-250-ricr-40-20-13-13.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-13#13.8}
A.Any authorized user whose license to purchase, sell and/or donate seafood products in Rhode Island is deemed or rendered invalid by any Federal, State, or municipal authority shall be prohibited from using the brand for any purpose until such time as the license is deemed or rendered valid.
B.Any authorized user convicted of a violation of R.I. Gen. Laws Chapters 23-1 or 21-31 pertaining to the mislabeling of marine species, or any Rule or Regulation promulgated by the Department of Health pursuant thereto, may be subject to enforcement action and/or penalty imposed by the Department of Health.
C.Any authorized user, found to have improperly used the brand, in violation of any of the provisions of these Regulations, shall be subject to the following penalties:
1.First (1st) violation – up to thirty (30) days suspension of the authorization to use the brand;
2.Second (2nd) violation – up to ninety (90) days suspension of the authorization to use the brand;
3.Third (3rd) violation – up to three hundred sixty-five (365) days suspension of the authorization to use the brand; and,
4.Fourth (4th) and successive violations – revocation of the authorization to use the brand.
D.Pursuant to this subsection, an incident involving improper use of the brand shall be considered a single violation, regardless of the extent of the incident, including the quantities involved.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2013-11-21 to 01/04/2022*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Adoption — effective from 2013-11-21 to 11/21/2013*
##### **250-RICR-40-20-13 § 13.9** Appeals {#sec-250-ricr-40-20-13-13.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-13#13.9}
A.In accordance with R.I. Gen. Laws § 42-17.7-9, Administrative Hearings:
1.Any person who seeks an adjudicatory hearing in order to contest an enforcement action which alleges a violation(s) of these Rules and Regulations must file said request in writing with the clerk of Administrative Adjudication Division, 235 Promenade Street, Third Floor, Providence, Rhode Island 02908 within twenty (20) calendar days of receipt of the contested agency enforcement action.
2.Any person who seeks an adjudicatory hearing relative to denial of the issuance of an authorization to use the brand arising under these Rules and Regulations must file said request in writing with the clerk of Administrative Adjudication Division, 235 Promenade Street, Third Floor, Providence, Rhode Island 02908 within thirty (30) calendar days of receipt of the contested agency action.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2013-11-21 to 01/04/2022*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Adoption — effective from 2013-11-21 to 11/21/2013*
##### **250-RICR-40-20-13 § 13.10** Severability {#sec-250-ricr-40-20-13-13.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-13#13.10}
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.
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2013-11-21 to 01/04/2022*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Adoption — effective from 2013-11-21 to 11/21/2013*
##### **250-RICR-40-20-13 § 13.11** Appendix 1 {#sec-250-ricr-40-20-13-13.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-13#13.11}
**History**
- *Amendment — effective from 2022-06-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/08/2022*
- *Technical Revision — effective from 2013-11-21 to 01/04/2022*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Technical Revision — effective from 2013-11-21 to 11/21/2013*
- *Adoption — effective from 2013-11-21 to 11/21/2013*
#### **250-RICR-40-20-14** Rules and Regulations Governing the Administration of the Local Agriculture and Seafood Small Grants and Technical Program
##### **250-RICR-40-20-14 § 14.1** Authority {#sec-250-ricr-40-20-14-14.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-14#14.1}
These Rules and Regulations are promulgated as authorized by the Rhode Island Local Agriculture and Seafood Act, R.I. Gen. Laws § 2-25-1 et seq., and in accordance with R.I. Gen. Laws § 42-17.1-1 and Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-11-07 to 01/04/2022*
- *Technical Revision — effective from 2013-11-07 to 11/07/2013*
- *Adoption — effective from 2013-11-07 to 11/07/2013*
##### **250-RICR-40-20-14 § 14.2** Purposes {#sec-250-ricr-40-20-14-14.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-14#14.2}
A.The purposes of these rules are:
1.To accomplish the purposes of R.I. Gen. Laws Chapter 2-25;
2.To establish the operating procedures for the administration of the Local Agriculture and Seafood Act grant program, and,
3.To provide for coordinated administration of any funds from philanthropic or other sources which may be made available to accomplish the purposes of R.I. Gen. Laws §§ 2-25-5(1) through (5) inclusive and § 2-25-7(b).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-11-07 to 01/04/2022*
- *Technical Revision — effective from 2013-11-07 to 11/07/2013*
- *Adoption — effective from 2013-11-07 to 11/07/2013*
##### **250-RICR-40-20-14 § 14.3** Definitions {#sec-250-ricr-40-20-14-14.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-14#14.3}
A.Unless otherwise indicated or clearly implied, the following terms shall have the meaning herein set forth:
1.“Act” means the Local Agriculture and Seafood Act, R.I. Gen. Laws Chapter 2-25, as that chapter may be amended.
2.“Committee” means the Local Agriculture and Seafood Act Advisory Committee.
3.“Department” means the Department of Environmental Management.
4.“Director” means the Director of the Department or his or her duly authorized agent(s).
5.“Division” means the Division of Agriculture in the Department.
6.“Fund” means the local agriculture and seafood small grants and technical assistance fund.
7.“Matching support organization” means any charitable foundation or any non-profit entity acting under an agreement with a charitable foundation that provides support to any eligible entity to accomplish the purposes of the program.
8.“Program” means the local agriculture and seafood small grants and technical assistance program, as described in R.I. Gen. Laws Chapter 2-25 and these rules.
9.“Program costs” means all costs of administering the program, including making grants and awards and providing technical assistance to accomplish the purposes set forth in R.I. Gen. Laws §§ 2-25-5(1) through (5) inclusive and for the purposes set forth in R.I. Gen. Laws § 2-25-7(b).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-11-07 to 01/04/2022*
- *Technical Revision — effective from 2013-11-07 to 11/07/2013*
- *Adoption — effective from 2013-11-07 to 11/07/2013*
##### **250-RICR-40-20-14 § 14.4** Local Agriculture and Seafood Act Advisory Committee {#sec-250-ricr-40-20-14-14.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-14#14.4}
A.Establishment. The Director hereby establishes a Committee, of not less seven (7) nor more than eleven (11) members, to advise and assist the Department in matters related to the program and to facilitate the coordination of the program with outside resources which may be used to accomplish the purposes of the program.
B.Membership. The Chief of the Division shall be an ex officio voting member; the balance of the members shall be appointed by the Director to achieve reasonable representation of entities concerned with local agriculture and seafood sectors, sustainable food systems, and the Rhode Island economy. Appointed members of the Committee shall serve at the pleasure of the Director and shall continue in office until their successors are duly appointed.
1.The Director shall appoint member(s) to the Committee from each Matching Support Organization, with no minimum or maximum number of members from this category.
2.The Director shall give consideration to appointments from:
a.The RI Agricultural Partnership, the RI Farm Bureau, the RI Economic Development Corporation, Farm Fresh RI, RI Sea Grant, the Ocean State Aquaculture Association, and the RI Food Policy Council and/or from;
b.Agencies, organizations and individuals having a role or interest in the planning, development, and support of viable agriculture and seafood sectors and a locally based sustainable food system. Eligible organizations or individuals may register their interest in membership, in writing, with the Director; organizations may nominate individuals for appointment. The initial appointments shall be for terms of one, two, and three years, thereafter appointments shall be for terms of three years.
C.Vacancies. Upon termination for good cause, by resignation or other reasons, the Director may fill vacancies for voting members on the Committee by appointing a person to be a member of the Committee for the balance of a term. The removal of a member by the Director shall be made in writing and shall state the reason or reasons for the removal.
D.Officers. There shall be officers of the Committee as follows:
1. A chairperson who shall be the Chief of the Division, or another person from the Department designated by the Director.
2. A vice-chairperson who shall be appointed by the chairperson from the membership of the Committee at the first regular meeting of the Committee of the calendar year.
3. A secretary who shall be appointed by the chairperson, the secretary need not be a member of the Committee. The chairperson, or in the absence of the chairperson, the vice-chairperson shall preside at meetings of the Committee. The secretary shall provide notice of the meetings of the Committee, take the minutes of meetings of the Committee, and shall maintain the records of the Committee. All persons appointed to be officers of the Committee shall continue in office until their successors are duly appointed.
E.Staff support and meeting space. The Department shall provide such support and meeting space as the Committee may reasonably require.
F.Meetings. The Committee shall establish a schedule for regular meetings at the beginning of each calendar year. The Committee shall hold at least three (3) regular meetings per year. The Chairperson may call special meetings or cancel regular meetings at any time by notifying members as soon as is reasonably possible and in accordance with the Rhode Island Open Meetings Act, R.I. Gen. Laws Chapter 42-46.
G.Quorum and voting. A majority of the members of the Committee, not including any vacancies, shall be necessary for quorum; all actions by the Committee shall be decided by a majority vote of Committee members present at the meeting.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-11-07 to 01/04/2022*
- *Technical Revision — effective from 2013-11-07 to 11/07/2013*
- *Adoption — effective from 2013-11-07 to 11/07/2013*
##### **250-RICR-40-20-14 § 14.5** Fund {#sec-250-ricr-40-20-14-14.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-14#14.5}
A.Purposes of the Fund. The purposes of the Fund are to:
1.Assist in the marketing of Rhode Island grown agricultural products and local seafood for the purpose of sale and promotion within the State of Rhode Island or United States.
2.Enhance the economic competitiveness of Rhode Island grown agricultural products and local seafood.
3.Provide financial and technical assistance support to organizations and farmers for activities and programs which enhance the economic viability of local agriculture, and support the development of a locally based, safe and sustainable food system.
4.Provide individual farm grants to small or beginning Rhode Island farmers that support the entry or sustainability within the respective industry.
5.Work with the state department of health to further develop and support food safety related programs and standards pertaining to local agriculture and seafood, and;
6.Perform other activities necessary to facilitate the success and viability of the state’s agricultural and seafood sectors, and to;
7.Provide administrative and technical support of the program.
8.Leverage program funds with other potential federal, state or nonprofit funding sources.
9.Develop, implement and enforce when appropriate food safety related standards and programs related to local agriculture and seafood in coordination with the Rhode Island Department of Health and appropriate federal agencies.
B.Small grants program. A non-profit entity or small or beginning farmer may apply to the Department for a grant to be used to fulfill the purposes of the Program as stated in R.I. Gen. Laws §§ 2-25-5(3) and 2-25-5(4). Any grant disbursed under the Program shall not exceed twenty thousand dollars ($20,000) per year. Applications for grants authorized under this section shall:
1.Provide a brief summary of the nonprofit entity or small or beginning farmer's mission, goals, history, programs, and major accomplishments, success stories and qualifications;
2.Briefly describe the proposed project or program, the capacity to carry out the program and who will benefit from the program;
3.Describe the expected outcomes and the indicators of those outcomes;
4.Outline the timeline to be used in the implementation of the program or project; and,
5.Provide a program or project budget.
C.The funds shall also be used by the Department to provide administrative and technical support to the Program, and to leverage Program funds with other potential federal, state or nonprofit funding sources, and shall serve to develop, implement and enforce when appropriate food safety related standards and programs related to local agriculture and seafood in coordination with the Rhode Island Department of Health and appropriate federal agencies. Not more than twenty-five percent (25%) of the funds in any year may be used by the Department for Program administration, training and technical support.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-11-07 to 01/04/2022*
- *Technical Revision — effective from 2013-11-07 to 11/07/2013*
- *Adoption — effective from 2013-11-07 to 11/07/2013*
##### **250-RICR-40-20-14 § 14.6** Allocation of Funds and Other Resources {#sec-250-ricr-40-20-14-14.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-14#14.6}
A.The Committee shall annually recommend to the Director an allocation of funds and other resources available to the Program to accomplish the purposes of the Fund. The allocation of funds and other resources recommended by the Committee shall include such project categories and such timetables for applications, application evaluations, and awards as the Committee deems necessary to implement the proposed allocation.
B.The Committee may recommend minimum and maximum amounts of funding to be awarded to an applicant or project within any funding period or for any project category. The Committee shall take into account, in making its recommendations to the Director, the availability or potential availability of support from matching support organizations.
C.Amending allocations. Except during periods when applications are being made to the Committee, the Committee may recommend to the Director changes in the amount of allocations to purposes of the Fund and/or project categories in order to achieve optimum use of the funds and other available resources. The recommendation to the Director of a change in allocation shall include a statement justifying the recommended change.
D.Project categories-eligible applicants. The project categories included in the allocation recommended by the Committee to the Director shall include a list of categories of eligible applicants for each category; for the small grants program the categories of eligible applicants shall be consistent with the requirements of § 14.5(B) of this Part.
E.Evaluation criteria. The allocation recommended by the Committee to the Director shall contain objective evaluation criteria and weighting of the criteria for ranking proposed projects within each project category. The evaluation criteria may include, but not be limited to, matters such as the relevance of the proposed project to the purposes of the Fund, the cost effectiveness of the proposed project, the timetable for completion of the project, and the experience and capabilities of the entities and persons proposing to undertake the project.
F.Minimum criteria for small grant programs applications. The evaluation criteria for applications for funds from the small grants program shall include the following matters, as required by R.I. Gen. Laws § 2-25-7(a), in applications:
1.A brief summary of the nonprofit entity or small or beginning farmer's mission, goals, history, programs, and major accomplishments, success stories and qualifications as mandated by R.I. Gen. Laws § 2-25-7, including eligibility for funding;
2.A brief description of the proposed project or program, the capacity to carry out the program and who will benefit from the program;
3.A description of the expected outcomes and the indicators of those outcomes;
4.A timeline to be used in the implementation of the program or project; and,
5.A program or project budget.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-11-07 to 01/04/2022*
- *Technical Revision — effective from 2013-11-07 to 11/07/2013*
- *Adoption — effective from 2013-11-07 to 11/07/2013*
##### **250-RICR-40-20-14 § 14.7** Applications {#sec-250-ricr-40-20-14-14.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-14#14.7}
A.Upon approval by the Director of an allocation of funds and other resources, the Division shall establish and implement such application periods, evaluation criteria, procedures and timetables, and award requirements as may be necessary to effectuate the approved allocation.
B.Application forms. Applications shall be made on forms issued by the Division. Application forms shall be available for download on the Department website as well as by request from the Division.
C.Filing applications. Applications shall be filed with the Committee, care of the Division, in the manner specified on the application form, including any deadlines specified thereon.
D.Consideration of applications. Applications for projects will be considered for funding only if:
1.The applicant is an eligible applicant for the project category.
2.The application is received within the time period for applications noticed by the Division.
3.The application is complete.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-11-07 to 01/04/2022*
- *Technical Revision — effective from 2013-11-07 to 11/07/2013*
- *Adoption — effective from 2013-11-07 to 11/07/2013*
##### **250-RICR-40-20-14 § 14.8** Application Review and Award {#sec-250-ricr-40-20-14-14.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-14#14.8}
A.Ranking applications. The Committee shall establish procedures for ranking applications in accordance with criteria included in the allocation approved by the Director and the requirements of §§ 14.7(E) and 14.7(F)(1) of this Part. Each member of the Committee shall independently score each application in accordance with the procedures for ranking applications.
B.Committee action. The Committee shall meet and review the independent scores given by all Committee members to each application. The Chairperson of the Committee shall tally the independent scores of each Committee member at the meeting in which members provide the independent scores for each application. The Committee is permitted to discuss the potential award outcomes based upon the scores and make adjustments as deemed necessary to reflect the purpose and intent of the Fund.
C.Awards by the Director. Upon the receipt of the findings and recommendations of the Committee, the Director shall have the sole authority to make awards to projects in order to accomplish the purposes of the Program and to meet the requirements of the Act. In making awards, the Director may, in exercising this authority, decide that it is necessary or appropriate to amend the recommendations of the Committee; the justification of any such amendment shall be made in writing.
D.Letters of award. Letters of notification of award shall be sent to all applicants by the Chairperson of the Committee. Applicants who were not awarded funding shall be given a brief explanation of why the application was not awarded funding. Letters of notification of award for applications approved for funding shall include any requirements that must be met by the applicant to receive the funding awarded.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-11-07 to 01/04/2022*
- *Technical Revision — effective from 2013-11-07 to 11/07/2013*
- *Adoption — effective from 2013-11-07 to 11/07/2013*
##### **250-RICR-40-20-14 § 14.9** Coordination with Other Sources of Funding {#sec-250-ricr-40-20-14-14.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-14#14.9}
A.Any matching support organization may coordinate its support with the Program to increase the effectiveness of the Program. Any support provide by a matching support organization under the provisions of this rule shall be considered leveraged funds or matching for purposes of the Act.
B.Outreach, training and education. Matching Support Organizations with the approval of the Committee may conduct such outreach, public education, training and technical assistance activities with regard to the Program as may be desirable to enhance the effectiveness of the Program and/or increase participation in the Program.
C.Fund disbursement. In order to facilitate achieving optimum effectiveness of the Program, awards may be made from the Fund and from a matching support organization on joint basis in any proportion, or solely from the Fund or from the matching support organization. For the purposes of the Act and annual reporting, matching and leveraging shall be reported on aggregated basis.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-11-07 to 01/04/2022*
- *Technical Revision — effective from 2013-11-07 to 11/07/2013*
- *Adoption — effective from 2013-11-07 to 11/07/2013*
##### **250-RICR-40-20-14 § 14.10** Accountability and Oversight {#sec-250-ricr-40-20-14-14.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-14#14.10}
A.The Department shall annually submit a report, including an addendum summarizing the feedback provided at the public meeting(s) referenced below in § 14.10(B) of this Part, to the general assembly.
B.Annual report. On or before March 31st of each year, the Department, in conjunction with the Committee, shall prepare a report on the performance of the Program, and the expenditures made during the prior year from the Fund and by other matching sources to accomplish Program purposes, and on how funds provided through Fund might be used during the current year and for the next following year. The report shall include any additional, relevant information relating to the administration of the Program, and the status of any state based agricultural assessments and local food production assessments.
C.Community review meeting. The Department with the Committee shall annually schedule and conduct one or more public community review meetings to solicit:
1.Input on whether the Program is serving its intended purposes; and,
2.Recommendations for modifying the Program.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-11-07 to 01/04/2022*
- *Technical Revision — effective from 2013-11-07 to 11/07/2013*
- *Adoption — effective from 2013-11-07 to 11/07/2013*
##### **250-RICR-40-20-14 § 14.11 Construction and Severability** 14.11 Construction and Severability {#sec-250-ricr-40-20-14-14.11-construction-and-severability omnilex-key=us-ri-regs-official--title-250--250-RICR-40-20-14#14.11 Construction and Severability}
A.Application. The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purposes of federal and state laws, goals, and policies.
B.Severability. If any provision of these Rules and Regulations, or 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-11-07 to 01/04/2022*
- *Technical Revision — effective from 2013-11-07 to 11/07/2013*
- *Adoption — effective from 2013-11-07 to 11/07/2013*
### **Subchapter 25** Mosquito Abatement
#### **250-RICR-40-25-1** Rules and Regulations of the Mosquito Abatement Grant Program
##### **250-RICR-40-25-1 § 1.1** Statutory Basis {#sec-250-ricr-40-25-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.1}
Under the authority of R.I. Gen. Laws Chapter 42-35 "Administrative Procedures", Chapter 42-17.1 "Department of Environmental Management", Chapter 23-25 "Pesticide Control" and Chapter 43-7 "Mosquito Abatement", the following Rules and Regulations are being promulgated to administer § 23-7-16 of the R.I. Gen. Laws.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-25-1 § 1.2** Purpose {#sec-250-ricr-40-25-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.2}
The purpose of these Rules and Regulations is to establish (a) eligibility and evaluation criteria upon which the Board will award grants to mosquito abatement districts and (b) procedures for administering the grant program.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-25-1 § 1.3** Administrative Findings {#sec-250-ricr-40-25-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.3}
A.The following administrative findings are made as basis for these Rules and Regulations:
1.Mosquitoes represent a substantial nuisance problem throughout the State which can significantly reduce quality of life through the annoyance of their bites.
2.When mosquito breeding sources are extensive and the adults numerous and widely dispersed, individual control measures such as avoidance, application of repellents or backyard spraying can be inefficient or inadequate.
3.Pesticides can cause allergic reactions in sensitive individuals, contaminate domestic water supplies, harm valuable wildlife populations, and lead to pesticide resistance through their necessary repeated use. For these reasons, pesticide use should be minimized.
4.Alternatives to pesticides, especially physical control measures, have a high per acre cost and are beyond the financial resources of most cities and towns. Under these circumstances, community-wide control measures are more efficient and beneficial.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-25-1 § 1.4** Definitions {#sec-250-ricr-40-25-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.4}
A."Biological control" means the introduction, conservation or encouragement of natural predators, pathogens or parasites for the purpose of preventing, reducing or eliminating mosquito populations.
B."Breeding source" means any water-holding site or container which supports a population of aquatic (immature) mosquitoes.
C."Certified financial statement" means a complete list of mosquito control program expenditures which is signed and dated by the person representing the district and accompanied by acceptable proof of such expenditures.
D."Chemical control" means the application of pesticides, include microbial pesticides such as Bacillus thuringensis var. israelensis or growth regulators such as methoprene, to the environment for the purpose of preventing, reducing or eliminating aquatic (immature) or adult mosquito populations. Under §1.5(A) of this Part for Conducting Mosquito Control Programs, chemical control of mosquitoes by a Mosquito Abatement District is restricted to application of pesticides that are listed in the Mosquito Abatement Board List of Allowed Pesticides. Equipment - Any apparatus, tool, provision or necessity purchased with Mosquito Abatement Grant funds to conduct the approved project or activity.
E."Long term control" means physical or biological control.
F."Minimal disruption of natural environments" means maintenance to the fullest extent possible the full range of plant and animal life characteristic of adult or immature mosquito habitats while still reducing, preventing or eliminating mosquito populations.
G."Minimization of pesticide use" means the application of physical or biological control measures, or the application of chemical control when physical or biological control is impractical or undesirable, where and when needed as indicated by standard mosquito sampling methods.
H."Mosquito abatement" means the prevention, reduction or elimination of mosquito populations, synonymous with the term "mosquito control".
I."Mosquito abatement (control) district" means a city or town, two or more cities or towns that have joined together, or a subdivision of a city or town which has notified the Secretary of the State and the Mosquito Abatement Board that it has formed such a District.
J."Mosquito abatement (control) program" means an approved schedule of planned and continuing work activities utilizing a variety of preventive and long-term control measures and having the objective or reducing mosquito biting. Work activities are carried out only when and where necessary as determined by standard mosquito sampling methods. In accordance with R.I. Gen. Laws § 23-7-7 and Chapter 23-78, a Mosquito Abatement Program plan must meet the approval of the Mosquito Abatement Board and undergo a municipal public hearing prior to execution.
K."Mosquito abatement (control) project" means an activity or group of activities aimed at achieving a specific goal of a Mosquito Abatement Program.
L."Nuisance area" means a recreational or population area infested by the adults of one or more nuisance species as documented by standard data collection methods.
M."Nuisance species" means mosquito species which feed preferentially on humans.
N."Physical control" means the physical alteration of a breeding site through management of wet-dry cycles, regrading, draining, filling, flushing, or removal or alternation of plant growth so as to render it unsatisfactory for the production of the aquatic (immature) life stages of mosquitoes.
O."Preventive control" means application of any biological, physical or chemical mosquito control measure to a breeding source for the purpose of preventing, reducing or eliminating production of the aquatic (immature) life stages of mosquitoes, or application of any legal or administrative action for the purpose of preventing, reducing or eliminating the creation of mosquito breeding sources.
P."Sanitation" means the elimination of breeding sources on personal property such as by flushing, covering or removing water-holding containers or filling or regrading poorly drained areas.
Q."Self-protection" means individual action to reduce exposure to mosquitoes such as through application of repellents, installation of window and door screens, or avoidance of outdoor activities during the early morning and evening hours when mosquitoes are most active.
R."State" means for the purposes of these Rules and Regulations, the Department of Environmental Management and Mosquito Abatement Board.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-25-1 § 1.5** Allocation of Funds {#sec-250-ricr-40-25-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.5}
A.Available Funds: The total funds available for grants shall be determined in accordance with the formula provided in R.I. Gen. Laws § 23-25-6.1, by the number of pesticide products registered during the previous fiscal year, plus funds remaining from previous years.
B.Maximum Grant Amount: The Mosquito Abatement Board shall set the maximum amount of a single grant for each application period. Such application period shall be determined by the Board. This amount, however, shall not exceed 50% of the total funds available.
C.Funding Schedule: The Mosquito Abatement Board shall fund grant applications on an annual basis.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-25-1 § 1.6** Application Procedures {#sec-250-ricr-40-25-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.6}
A.Application Format: Application for funding shall be in the form of a project proposal which shall be typed (double spaced) and shall include a Summary, and sections on Objectives, Background and Justification, Procedures, References Cited (if any), Budget Request, Funding Match, and the Resume of the principal investigator or key individuals involved in the project. The text of the proposal shall be limited to five pages with additional supporting information (if any) included in an appendix. Assistance needed to prepare the proposal may be obtained from the Department of Environmental Management/Division of Agriculture/Mosquito Abatement Coordination Office, 235 Promenade Street Providence, RI 02908-5767.
1.Budget Request - This section shall itemize all eligible project costs as specified in § 1.7(C) of this Part related to the proposed project, in particular for equipment in excess of $500.00.
2.Funding Match - Communities are required to have provided funds for their mosquito control program at least equal to the amount requested. The amount of the request may be based on community appropriated funds and funds other non-state sources. This match amount must be itemized in a certified financial statement.
B.Filing: Applications must be filed within the prescribed period, set forth by the Mosquito Abatement Board, with the Department of Environmental Management/Division of Agriculture/Mosquito Abatement Coordination Office, 235 Promenade Street Providence, RI 02908-5767.
C.Recording: Applications will be accepted any business day, up to and including the filing deadline. They will be date and time stamped upon receipt.
D.Filing Deadline: The Mosquito Abatement Board shall set a filing deadline for receipt of applications for each year. Applications received after the filing deadline will not be considered for funding during that filing period and will be returned to the applicant. Such applications may be resubmitted during a subsequent filing period. Information on the filing deadline may be obtained from the Department of Environmental Management/Division of Agriculture/Mosquito Abatement Coordination Office, 235 Promenade Street Providence, RI 02908-5767.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-25-1 § 1.7** Eligibility Criteria {#sec-250-ricr-40-25-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.7}
A.Eligible Applicants: All Rhode Island communities that are registered Mosquito Abatement Districts are eligible to apply for funding. A current list of registered Districts may be obtained from the Department of Environmental Management/Division of Agriculture/Mosquito Abatement Coordination Office, 235 Promenade Street Providence, RI 02908-5767. Communities may become a District by filing written notice with the Secretary of State (c/o Administrative Records, Room 43, State House, Smith Street, Providence, RI 02903) as provided in R.I. Gen. Laws § 23-7-7. This notice must include a description of the proposed boundaries of the District (usually the geographical limits of the city or town). A copy of the notice must be sent to the Mosquito Abatement Coordination Office (Department of Environmental Management/Division of Agriculture/Mosquito Abatement Coordination Office, 235 Promenade Street Providence, RI 02908-5767).
B.Eligible Projects: A project shall be eligible for funding if its objective is the minimization of pesticide use and the minimal disruption of natural environments as defined in § 1.7(A) of this Part. Examples include, but not limited to:
1.Development of a map of nuisance areas;
2.Development of map and inventory of mosquito breeding sources;
3.Development of an inventory of nuisance species;
4.Design, implementation or evaluation of biological or physical mosquito control methods provided all reviews, permits, clearances, and/or statements of non-applicability, as required by any applicable Federal or State regulatory or permitting process, have been obtained prior to implementation.
5.Design or implementation of public education programs that encourage community residents to practice self-protection and sanitation to reduce mosquito annoyances or that educate residents about mosquito-transmitted diseases or mosquito control methods; and,
6.Participation in continuing education programs for the purpose of learning mosquito sampling methods or control techniques.
C.Eligible and Ineligible Project Costs: All costs of personnel, equipment, equipment rental, supplies, travel, and contractual services associated with the project are eligible for funding, except when they cover the purchase or application of pesticides, or the rental of office or storage space. These ineligible project costs, however, may be applied when computing the funding match (§ 1.6(A)(2) of this Part).
D.Project Period: All project proposals shall be for work done for a period of no longer than one year, July 1 through June 30.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-25-1 § 1.8** Application Evaluation {#sec-250-ricr-40-25-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.8}
A.Evaluation Criteria: The Mosquito Abatement Board shall consider several criteria in rating applications, including but not limited to the following:
1.Relationship of the proposed project to the program objective of minimization of pesticide use and the minimal disruption of natural environments.
2.Probability that the proposed work will be completed successfully;
3.Capability of personnel;
4.Adequacy of facilities and equipment;
5.Availability of alternative funding to accomplish objectives;
6.Cost-effectiveness of the project;
7.Likelihood that the proposed project will make a long-term contribution to mosquito abatement in the community;
8.Evidence that all necessary safety precautions will be taken; and,
9.Evidence that all State and Federal permits, clearances, or statements of non-applicability have been applied for or granted.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-25-1 § 1.9** Awards {#sec-250-ricr-40-25-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.9}
A.Amount of Award: The Mosquito Abatement Board shall make awards based on:
1.Evaluation of the project proposal relative to others under consideration, and,
2.The amount available for allocation in accordance with § 1.5 of this Part.
B.Notice of Award: Recipients of awards shall be notified by conventional mail.
C.Memorandum of Agreement: Before any funds can be released, communities that are so notified as recipients of grant awards shall sign a Memorandum of Agreement with the State specifying the terms and conditions of the award and must comply with all State budgeting and payment procedures.
D.Change in Memorandum of Agreement: Subject to the approval of the State, any change(s) to be made in the signed agreement between the State and the Grantee, particularly those affecting budgetary expenditures, shall require written permission. The Grantee shall request said permission in a letter addressed to the Mosquito Abatement Board. The State may approve such request in writing, and such an approved change shall be an amendment to the agreement.
E.Disbursal of Award Payments: Award payments will be made as follows: Upon submission of an initial bill, fifty (50) percent of the total amount of the award will be paid to the Grantee. Payment of the remaining fifty (50) percent of the award will be made upon completion of the project and satisfactory submission of the Final Report as detailed in §1.10 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-25-1 § 1.10** Equipment {#sec-250-ricr-40-25-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.10}
A.Project Equipment: All equipment purchased with Mosquito Abatement Grant monies that is not expended after the completion of the project shall be returned to the State upon request. The Grantee shall properly maintain said equipment and an up-to-date inventory of all equipment purchased with Mosquito Abatement Grant monies which shall be made available to the State. Said equipment inventory shall be attached to the final report and shall include:
1.Invoice with serial number;
2.Receipt for goods;
3.Description of equipment;
4.Evidence of Payment - Cancelled checks, copies of both sides are required.
5.If the State fails to request the return of said equipment within one (1) year after the date of the submission of the Final Mosquito Abatement Grant Program Report, the equipment shall become the property of the grantee.
B.Equipment Storage: Any equipment, returned as a result of a State request, shall be stored at the Office of Mosquito Abatement Coordination or any other suitable DEM/Division of Agriculture storage area.
C.Equipment Disbursal and Retrieval: All equipment, returned as a result of a State request, shall be assigned a Mosquito Abatement Grant Inventory Number for purposes of identification. The Mosquito Abatement Coordinator shall develop an appropriate recording and tracking system for the mosquito abatement grant inventory. Any and all equipment so identified shall be disbursed by the Mosquito Abatement Coordinator only to approved grantees and only for the specified grant period. All equipment shall be returned to the Mosquito Abatement Coordinator in its pre-disbursement condition, except for normal wear and tear resulting from proper usage. The cost of equipment replacement brought about by misuse or destruction - either accidental or intentional - may be deducted from the final payment of mosquito abatement grant funds.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-25-1 § 1.11** Final Reports {#sec-250-ricr-40-25-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.11}
A.Upon completion of the project, recipients must submit a Final Report that properly accounts for funds spent as well as evaluates progress toward the objective of the project. Assistance needed to prepare the report may be obtained from the Department of Environmental Management/Division of Agriculture/Mosquito Abatement Coordination Office, 235 Promenade Street Providence, RI 02908-5767.
1.Report Format: Final Reports shall be typed (double-spaced) and shall include an Abstract and sections on Statement of Problem, Project, Results (not more than 500 words) and Financial Statement.
2.Financial Statement: All grant and community funds used to carry out the project shall be itemized in a Certified Financial Statement. In the case of recipients that used projected expenses as a basis for their Funding Match (§ 1.6(A)(2) of this Part), any grant funds not matched by community funds shall be returned to the State. Reimbursement of such funds shall be received by the State no later than thirty (30) days after the submission of the Final Report.
3.Filing: Reports shall be filed within the prescribed period, as indicated under § 1.11(A)(5) of this Part, with the Department of Environmental Management/Division of Agriculture/Mosquito Abatement Coordination Office, 235 Promenade Street Providence, RI 02908-5767.
4.Recording: Reports shall be accepted any business day, up to and including the filing deadline. They shall be date and time stamped upon receipt.
5.Filing Deadline: The Mosquito Abatement Board shall set a filing deadline for receipt of final reports for each year. If the final report will not be ready by the filing deadline, recipients may submit a status report which should include abbreviated Program and Results sections (1 to 2 pages total) and a Financial Statement of expenditures made to date. Information on the filing deadline may be obtained from the Department of Environmental Management/Division of Agriculture/Mosquito Abatement Coordination Office, 235 Promenade Street Providence, RI 02908-5767.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-40-25-1 § 1.12** Severability {#sec-250-ricr-40-25-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-40-25-1#1.12}
If any section, paragraph, phrase, sentence or clause of these Rules and Regulations is declared invalid or unconstitutional for any reason, the remainder of the rules shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
## **Chapter 50** Coastal Resources
### **Subchapter 00**
#### **250-RICR-50-00-1** Port Operations Regulations and Berthing Management System
##### **250-RICR-50-00-1 § 1.1** Purpose {#sec-250-ricr-50-00-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.1}
A.The purpose of these Rules and Regulations is to establish a system for the provision of proper care of any State run facilities by the Department of Environmental Management.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.2** Authority {#sec-250-ricr-50-00-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.2}
A.These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws §§ 42-17.1-1 et seq., 46-5-1 et seq. and 46-22-1 et seq., R.I. Gen. Laws §§ 32-2-4 and 42-17.10-1, and in accordance with R.I. Gen. Laws § 42-35-1 et seq., the Administrative Procedures Act.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.3** Administrative Findings {#sec-250-ricr-50-00-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.3}
A.These Rules and Regulations are required in order to ensure proper management of the Port facilities under the control of the Department of Environmental Management.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.4** Application Repealed. {#sec-250-ricr-50-00-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.4}
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.5** Severability Repealed. {#sec-250-ricr-50-00-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.5}
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.6** Superseded Rules and Regulations Repealed. {#sec-250-ricr-50-00-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.6}
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.7** Definition of Terms {#sec-250-ricr-50-00-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.7}
A.“Abandoned motor vehicle" means a motor vehicle that is inoperable and over eight (8) years old and is left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a period of more than three (3) days, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days, as set forth in R.I. Gen. Laws § 31-42-1(a).
B.“Actively engaged in fishing” means any license holder who has actively fished that license/endorsement. In order to actively fish that license/endorsement, the person must demonstrate by dated transaction records, as verified by dealer reports to the Department, that he or she has fished using the specific vessel that is identified in the berth contract (or the specific vessel identified in the berthing application) for at least forty (40) days in the preceding two (2) calendar years, with some of the fishing activity occurring in each of the two (2) years. Evidence as to days fished may be supplemented by one (1) or more Vessel Trip Reports, which specifically reference the license holder’s name and license number, and correspond to dated transaction records, where in the determination of the Department such dates are verified by Dealer Reports to the Department; where such reports verifiably reflect two (2) or more calendar days at sea during a single trip, those days may be used to establish fishing activity. For the purpose of this definition the term “day” shall mean any twenty-four (24) hour period or part thereof.
C.“Backdown slip” means any water-based docking position for a vessel by which the vessel typically backs into the spot stern-side with the bow of the vessel facing seaward.
D."Berth" or "berthing" means an assigned location on a pier for a vessel to tie to or to raft alongside another vessel when direct access to the assigned location on the pier is not available; primarily for the purposes of loading and unloading.
E.“Berth contract” means the written berth agreement between the Division of Coastal Resources and a vessel’s owner or operator.
F.“Charter boat” means a vessel less than one hundred (100) gross tons that meets the requirements of the U.S. Coast Guard to carry six (6) or fewer passengers-for-hire for the purposes of engaging in recreational fishing.
G.“Commercial fishing vessel” means a vessel that commercially engages in the catching, or harvesting of fish or marine species or engages in an activity that can reasonably be expected to result in the catching, or harvesting of fish or marine species.
H.“Department” or “DEM” means the Department of Environmental Management.
I.“Director” means the Director of the Department of Environmental Management.
J.“Division of Coastal Resources” or “Division” means Division of Coastal Resources of the Department of Environmental Management.
K.“Facility” or “Pier” or “Port” means the State-owned piers.
L.“Family member" means the spouse, mother, father, brother, sister, child or grandchild of the person holding a valid berth contract with the Division. For purposes of these Regulations in compliance with Executive Order 12-02, “Recognition of Out of State, Same-Sex Marriages” that was issued by Governor Chafee on May 14, 2012, “'‘spouse’ shall be defined to include either party who has entered into a marriage that is legally recognized in the state or territory in which the marriage was solemnized."
M.“Headboat” or “Party boat” means a vessel that holds a valid Certificate of Inspection issued by the U.S. Coast Guard to carry greater than six (6) passengers-for-hire for the purposes of engaging in recreational fishing.
N.“Owner” means the owner of the vessel, or in the absence of the owner, such other person or business who is in charge of the vessel on the date of the signed berth contract.
O."Person" means an individual, firm, corporation, society, association, partnership or private or public body.
P."Port of Galilee" means the improved and unimproved area of the Town of Narragansett, which is located in the west passage of Narragansett Bay.
Q.“Safety inspection” means the boarding and inspecting of a vessel by a marine surveyor retained by the Department, to determine whether the vessel is seaworthy and/or poses a risk of injury to any person, the environment, risk of damage to the port itself or negative impact to any of the other vessels berthed in port, or any risk of harm to the environment.
R.“Service by a leaseholder” means exclusive use of docks by a leaseholder for loading and unloading of vessels which utilize a leaseholder’s shore-side business.
S.“State” means the State of Rhode Island.
T.“State ports” means the State-owned facilities at the Port of Galilee and State pier #9 at the Port of Newport.
U.“Temporary berth” means berths that become available for temporary berth assignment purposes as a result permanent berth holders vessel being hauled out of the water for winter or based upon available space at the discretion of the Division.
V.“Temporary berth contract” means any contract held by a vessel owner without a permanent berth contract.
W.“Transient vessel” means any vessel without a berth contract with permission by the Division to remain in port.
X.“Vessel” means the same as “Boat.”
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.8** Berthing at State Piers {#sec-250-ricr-50-00-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.8}
A.No vessel shall berth at State-owned facilities or at facilities owned by the State and leased to private entities without a signed, current berth contract, or without prior written approval by the Division.
B.The initial application for a berth contract shall be submitted by the vessel owner, operator, or designated agent to the Division on application forms available from the Division. Applications should be submitted as early as possible since dockage space will be assigned according to the waiting list procedures contained within these Regulations. At the time the berth application is submitted, the applicant, and vessel, must hold any necessary licenses, permits, declarations, and insurance required for the specific category of vessel for which the applicant is requesting a berthing assignment. In order to be eligible for berthing at a State Pier, all vessels must have, at a minimum, Pollution Liability, and General Liability insurance coverage.
C.An application waiting list will be maintained by the Division of Coastal Resources for each of the categories of vessels authorized to berth in State-owned facilities with the exception of sport fishing vessels. Those applicants who meet the initial application criteria required to enter into a berth contract for that category will be permitted to execute a berth contract in the chronological order by which the applicant appears on the waiting list until all open berth positions are filled. If a qualified applicant does not meet the criteria of the open berth according to the information contained within their berth application, then that person will not be contacted, will remain at the top of the waiting list and will be given priority once an appropriate berth is open. An applicant is responsible for contacting the Division with any updates and changes to information contained within their berth application to ensure his/her qualification and compliance therein. If the applicant refuses a berth contract when the applicant’s name comes up, the applicant will be removed from the waiting list unless the applicant requests that his/her name be placed back on the waiting list. If such a request is received, the applicant will be placed back on the end of the waiting list per the date of refusal. A vessel owner whose application has been approved and who has been so notified, shall pay the required dockage fee and any arrearages owed by the applicant or vessel to be berthed prior to the signing of a berth contract. If such payment is not received within ten (10) days after an applicant’s receipt of notice of approval of an application, the State may deem the approval withdrawn, and consider other applications.
D.The Division shall have the right to assign berths to vessels at its sole discretion. Among the factors that the Division should consider in determining such assignments are the following: pier and dock configuration, size of vessel, hull type, berthing space available, and any other factor which will produce the most efficient utilization of berthing space including seniority and fishing activity of the vessel(s).
E.The waiting list shall be reviewed every five (5) years. Applicants on the waiting list will be contacted requesting if they wish to continue to remain on the waiting list. Failure to respond to such a request will result in the removal of the applicant’s name from the waiting list. An applicant whose name has been removed will be required to reapply in order to be placed back on the waiting list. When an applicant reapplies to be placed on the waiting list, that applicant’s name will be added to the bottom of the waiting list.
F.A preference will be given in assigning vacant berths to vessels whose owners are Rhode Island residents.
G.Before entering into a signed berth contract for a permanent berthing position there is a one (1) year probationary period. During this one (1) year probationary period, the new berth holder will be required to sign a temporary berth contract. During this one (1) year probationary period, the temporary berth contract holder must demonstrate compliance with the terms of the temporary berth contract as well as these Regulations subject to the discretion of the Division of Coastal Resources. Failure to comply with the terms of either the berth contract or these Regulations will result in the revocation of the temporary berth contract and written notice to the vessel’s owner that the vessel must be removed from the Port within seven (7) days consistent with §§ 1.22 and 1.23 of this Part. If after the one (1) year probationary period the temporary berth contract holder has demonstrated compliance in sole discretion of the Department with the terms of their temporary berth contract and these permanent governing Regulations then the vessel’s owner may enter into a permanent berth contract.
H.Berth contracts shall be signed and deemed valid for no more than one (1) year from the date of execution. All berth contracts expire on June 30th of the preceding year of first (1st) assignment. All fees previously due shall be paid in full in advance of the issuance of a berth contract. A vessel owner who signs a berth contract and who is not in arrears on any payments or other financial obligations to the Department shall have the option to renew his/her berth contract for the following year. Dockage fees in arrears for fifteen (15) days or more after the due date shall be considered cause for revocation of berth contracts. Revocation of a berth contract will follow receipt of written notice by the vessel’s owner that the vessel must be removed from the Port within seven (7) days consistent with §§ 1.22 and 1.23 of this Part. The Division may postpone enforcing this Regulation, at its discretion, if there are circumstances deemed to warrant an enforcement delay. Postponement of enforcement by the Division does not waive future enforceability. Berth holders who breach their berth contract and are provided notice to leave the Port and cannot be reinstated in the Port or be placed on a waiting list for entry into the Port until all past due amounts are paid in full. Furthermore, if a former berth holder is allowed to reapply for a berth in the Port, said applicant’s name shall be placed at the bottom of the waiting list and the applicant’s position on the waiting list will be based on the date the application was received.
I.If a berth contract holder is in arrears with their dockage fees or other financial obligations to the Department, the berth contract holder may enter into a signed, written payment agreement with the Division to bring the outstanding debt current. Failure to comply with this payment agreement will void the payment agreement, the berth contract will be revoked and the berth holder will be required to leave the Port. All fees due shall be paid in full in advance of the renewal of the berth contract. If a berth contract holder is in arrears with their dockage fees and has entered into an approved and signed payment agreement with the Division, then a berth contract may be renewed subject to the approval of the Division.
J.When a vessel is sold, the berth contract does not transfer with the sale of the vessel. The berth contract is valid for the remainder of the contract term and may be renewed by the original vessel owner provided that the new vessel is purchased within one (1) year of the sale of the previously owned vessel and all fees remain paid in full. The sale of the ownership of fifty percent (50%) or more in the ownership of a vessel shall be deemed to be the sale of the vessel with the same prohibition on the transfer of berthing rights as described above. If the vessel is incorporated, the original owner of the vessel or corporation must own fifty-one percent (51%) or more of the corporation for the vessel to still be subject to the terms of the original berth contract. If the vessel is incorporated, and the original owner of the vessel or corporation owns less than fifty-one percent (51%) of the corporation then the original berth contract is void and the vessel must be removed from the Port.
K.A vessel owner has the obligation to notify the Division when he or she is putting his/her vessel up for sale. Once a vessel is sold, the berth contract holder has one (1) year to acquire a new vessel and berth that vessel at State-owned facilities or else waive berth contract renewal rights. During this time the berth contract holder will continue to be responsible for payment to the Department for dockage fees billed at the original rate based on the size of the sold vessel and berthing position. Once a berth contract holder acquires a new vessel the berth contract holder will be allowed to return to the Port only if, (1) the berth contract holder is current on the applicable berthing fees and (2) the berth contract holder is returning to the Port with a vessel that the Division deems appropriate for the original berthing position assigned. If the berth contract holder acquires a new vessel which is deemed not size appropriate for the original berth position by the Division, then a new berthing will be assigned appropriate for the size of the new vessel. If no appropriate berthing position is available for the size of the new vessel, then a new berth assignment will not be designated and the berth contract holder will be placed at the top of the waiting list and given priority once an appropriate berth is open. If a berthing position is not available for the new vessel, billing will cease until a new berth is assigned for the new vessel. Until an appropriate berth slip is available and assigned to the berth contract holder, the berth contract holder shall not be allowed to enter at the Port with the new vessel. If a new berth position is assigned to the new vessel, the dockage fees required pursuant to the berth contract will be amended to reflect the change in berth assignment for the new vessel.
L.In the event the berth contract holder wishes to substitute a vessel, the berth contract holder shall give the Division full particulars and request prior approval to substitute the new vessel. No vessels may be substituted within the Port without prior written approval from the Division.
M.Berth contracts will be maintained unless a vessel’s owner fills out a cancellation of berth contract form. Billing will cease on the day the cancellation form is signed and returned to the Division of Coastal Resources main office located within the Port of Galilee. There is no penalty for early cancellation of a berth contract so long as the vessel is removed from the Port within one (1) week of receipt of notice of cancellation. If after one (1) week the vessel has not been removed from Port, the vessel will be given transient status and billed according to the transient vessel berth holder provisions contained within these Regulations.
N.Vessel owners shall promptly notify the State of any change in home or business address, change in boat name, vessel’s length or any information contained in a previously filed application form or berth contract.
O.Should the holder of a berth contract die, a berth contract may transfer to a duly qualified family member of the berth contract holder. Family Members of the contract holder must meet the eligibility requirements and standards of dockage and Regulation requirements in order to retain a berth contract. If a family member meets the eligibility requirements and standards of dockage and Regulation requirements deemed to enter into a berth contract, the original berth contract will be void and a new berth contract between the Division and the family member with a one (1) year probationary period will apply.
P.If the Division is required to provide written notice to a vessel owner pursuant to these Regulations or an executed berth contract, said notice shall be deemed to be complete upon mailing by pre-paid first class postage to the last home or business address provided to the Division by the vessel owner and delivery of such notice shall be deemed to have been received by the boat owner five (5) days from the posting of notice in any office of United States Post Office located within the State of Rhode Island.
Q.A permanent berth contract holder shall notify the Division in advance if his/her berth will not be used for a period of two (2) weeks or longer. If the Division is provided such advance notice, the berth contract holder has up to one (1) year of leaving Port to return to Port in order to be reassigned his/her berthing assignment. During the period away from Port, the berth contract holder will continue to be billed despite absence of the vessel. The Division may not reassign a vessel to the berth to which it was previously assigned unless, prior to vessel’s return to Port, all of the berth contract holder’s dockage fees are current.
R.No refund will be made for any unused dockage.
S.The Division shall have the right to terminate a contract and require removal of the berth contract holder’s vessel for any violation of these Regulations, including, but not limited to, non-payment of fees when due, and violations of these Regulations.
T.The fee for a berth is dependent upon the length of the vessel. For this purpose, the length shall be determined by the overall length of the vessel on the Coast Guard documentation or Rhode Island vessel registration rounded to the nearest foot. In addition, any changes made to the length of the vessel not reflected in the Coast Guard documentation or the Rhode Island vessel registration such as, but not limited to, the addition of a transom extension or pulpit, shall be taken into account to determine the vessel’s overall length to the nearest foot and shall be reflected in the fees for berthing. The Division reserves the right to re-measure and adjust all billings if the length overall (LOA) of the vessel is different than what is stated within the berth contract.
U.A berth assignment list shall be maintained by the Division. Berths may be reallocated at the sole discretion of the Division from time to time in order to make more efficient use of the piers, Among the factors that the Division should consider in determining such assignments are the following: pier and dock configuration, size of vessel, hull type, berthing space available, and any other factor which will produce the most efficient utilization of berthing space including seniority and fishing activity of the vessel(s).
V.The berth contract schedule is:
1.Berth contracts shall cost forty dollars ($40.00) per foot of vessel length per annum.
2.Port of Galilee
a.The minimum rate for the medium duty commercial fishing docks is based on forty foot (40’) vessels. All vessels at the medium duty backdown commercial fishing docks shall be charged for the minimum plus all footage over forty feet (40’).
b.The minimum rate for the light duty backdown docks is based on thirty-five foot (35’) vessels. All vessels at the light duty backdown docks shall be charged for the thirty-five foot (35’) minimum plus all footage over thirty-five feet (35’).
c.The minimum rate for all vessels within the Port not berthed in a medium or light duty dock is based on twenty-five foot (25’) vessels. All vessels less than twenty-five feet (25’) in length shall be charged at the twenty-five foot (25’) minimum.
3.Port of Newport, State pier #9 – The minimum rate for all vessels within the Port not berthed in a medium or light duty dock is based on twenty foot (20’) boats. All vessels less than twenty feet (20’) in length shall be charged at the twenty foot (20’) minimum.
4.Transient vessels are all vessels without a permanent or temporary berth contract. All transient vessels must apply directly to the Division at its office at the Port of Galilee for a berth contract. A transient vessel owner, master, or designee must sign berth contract in order for the transient vessel to remain in Port and be assigned a temporary berth if available and application information meets criteria set forth in this regulation. The daily minimum rate for transient vessels is fifty dollars ($50.00) per day. All vessels longer than fifty feet (50’) shall be charged fifty dollars ($50.00) per day plus one dollar ($1.00) per foot per day for all footage over fifty feet (50’). The owner of a transient vessel shall be assessed a fee of fifty dollars ($50.00) plus one dollar ($1.00) per foot for all footage over fifty feet (50’) per day.
a.A transient vessel shall make the berth available upon receiving notice to move or vacate the berth or Port within twenty-four (24) hours' of notice. Upon receipt of notice to move or vacate the berth by the Division any transient vessel must comply with the instructions contained within the notice within twenty-four (24) hours.
b.If a vessel owner fails to comply with the written notice to remove the vessel, then the vessel shall be removed at the owner’s expense by the Division.
5.During the off-season (as berths become vacant as a result of boats being hauled out for the winter), or when berthing space permits at the discretion of the Division the Division may temporarily assign these berths in accordance with the following fee schedule:
a.Temporary berth contracts shall cost forty dollars ($40.00) per foot of vessel length per annum pro rata by month that the berthing position is occupied by the contracted vessel.
b.There is no waiting list for temporary off-season berths. Temporary berths shall be assigned on a first come first serve basis in accordance with the availability of space. These assignments shall not contribute toward the Port seniority nor change one’s relative position on any full time berth waiting list.
c.Berth assignments are made at the Division’s sole discretion. temporary berth assignments may be reallocated at the sole discretion of the Division, including, but not limited to, the maximum utilization of State infrastructure for the continued flow of commerce. Upon receipt of notice to move or vacate the berth by the Division the temporary berth contract holder must comply with the instructions contained within the notice within twenty-four (24) hours.
d.An temporary berth contract holder shall make the berth available to the permanent berth contract holder to whom the berth is assigned upon receiving notice. Temporary berth contract holders may be required by the Division to move or vacate the berth or Port upon twenty-four (24) hours' notice. Upon receipt of notice to move or vacate the berth by the Division, the temporary berth contract holder must comply with the instructions contained within the notice within twenty-four (24) hours.
e.If a vessel owner fails to comply with the written notice to remove the vessel, then the vessel shall be removed at the owner’s expense by the Division.
W.A berth contract for berthing space does not bestow the berth contract holder with the right to occupy land on the waterfront in any manner except as explicitly provided in these Regulations.
X.Berthing Contract Criteria by Vessel Class
1.There are no Charter Boats, Headboats, or Sports Fishing vessels allowed to berth at State pier #9, Port of Newport.
2.Charter Boats
a.Berth contracts will be entered into only for those vessels which are, and will be, actively engaged as charter boats during the year for which the berth contract is signed.
b.Applicants for a berth contract must hold all required Federal licenses to carry passengers-for-hire.
c.Applicants for a berth contract must hold all State required licenses for charter vessels.
d.Copies of all applicant’s Federal and State licenses required for charter vessels must be include in an applicant’s initial application and any subsequent contract renewals.
e.Applicants for a berth contract must demonstrate that they will be engaged in carrying passengers-for-hire by certifying:
(1)That the vessel is documented in Coastwise Trade if it is over five (5) tons (to carry passengers-for-hire);
(2)That the vessel was used for carrying passengers-for-hire by certifying through official transaction records on at least twenty (20) days of the previous year.
f.Upon renewal of a permanent berth contract, vessel owners who do not meet the above minimum requirements may be given a temporary berth contract. Postponement of enforcement by the Division does not waive future enforceability.
3.Headboats (Party Boats)
a.Berth contracts will be issued only for those vessels which are and will be actively engaged in carrying passengers-for-hire on a daily scheduled basis during the year for which the contract is issued.
b.Applicants for a berth contract must be holders of a valid license from the Coast Guard for carrying more than six (6) passengers-for-hire with appropriate tonnage in addition to all required Federal licenses for the operation of that type of vessel. Copies of a valid license from the Coast Guard and required Federal licenses must be included in an applicant’s initial application and with any subsequent contract renewals.
c.Vessels must hold a current Certification of Inspection by the U.S. Coast Guard and should be included in applicant’s initial application and any subsequent contract renewals.
d.Applicants for berthing contracts and current berthing contract holders must meet all State requirements for Party and Charter Vessels.
e.Applicants for berth contracts and current berthing contract holders must demonstrate that they will be engaged in carrying passengers-for-hire by certifying:
1.That the vessel is documented in Coastwise Trade (to carry passengers-for-hire);
2.That the vessel was used for carrying passengers-for-hire on at least twenty (20) days of the previous year.
f.Upon renewal of a permanent berth contract, vessel owners who do not meet the above minimum requirements may be given a temporary berth contract.
4.Commercial Fishing Boats
a.Berth contracts will be issued to only those vessels which are and will be "actively engaged in fishing" as commercial fishing vessels during the year for which the contract is signed.
b.Initial applicants and renewals for berth contracts must demonstrate that they are actively engaged in commercial fishing as defined in this regulation.
c.Initial applicants and renewals of berth contracts must list vessel operators that hold the appropriate Rhode Island fishing licenses, be holders of an appropriate current Rhode Island commercial fishing license authorizing the commercial harvest of fish or marine species, or current Rhode Island landing license.
d.Upon renewal of a permanent berth contract, applicants who do not meet the above minimum requirements may be given a temporary berthing contract at the sole discretion of the Division.
5.Sport Fishing Boats
a.No new Sport Fishing berths will be available in the Port of Galilee. Only the vessel owners which currently hold a Sport Fishing berth contract are allowed to berth within the Port of Galilee.
b.A Sport Fishing Vessel (SVF) berth contract is only valid for those specific vessel owners which are currently authorized to maintain berthing rights as SFV into the Port of Galilee.
c.Should the holder of a Sport Fishing berth contract die, the berth contract will not become the right and obligation of his/her estate and the estate has six (6) months to remove the Sport Fishing vessel from the Port of Galilee.
Y.In order to be eligible for a berth contract, or to remain in port if already subject to a berth contract, a vessel must have valid U.S. Coast Guard documentation or a valid Rhode Island Certificate of Numbers (Boat registration), and valid Commercial Fishing Declaration or Rhode Island Party and Charter license. Failure to retain any of these qualifications is grounds for removal of the vessel from port pursuant to §§ 1.22(B) and 1.23 of this Part.
Z.The State shall have a lien upon a vessel for any monies due for fees which are in default, which lien may be enforced by sale of vessel in accordance with the procedure set forth in R.I. Gen. Laws Chapter 34-35. The owner of the vessel, or his/her agent, shall be subject to penalties set forth in R.I. Gen. Laws Chapter 46-22, and any amendments thereto. For purposes of R.I. Gen. Laws § 46-22-9(e), a failure to pay all fees when due shall affect an automatic withdrawal of any consent by the State of Rhode Island. In addition, the vessel, as an in rem obligation, and the owner of the vessel, as a personal obligation, shall be deemed jointly and severally liable for any financial obligations incurred by the vessel and owing to the Department, including, but not limited to, any berthing arrearage as well as any expense incurred in order to seize and remove the vessel from Port or sell the vessel at public auction.
AA.Piers are occupied at the sole risk of the users thereof.
BB.Any use of activity which is not reasonably associated with or necessary to the berthing of commercial fishing vessels as these several terms are defined herein is expressly prohibited.
CC.There shall be no modifications or alternations to the pier without prior approval of the Division.
DD.A vessel’s owner shall be responsible for any damage to Port docks or facilities caused by his/her vessel or crew. Any damages to Port docks or facilities may, at the discretion of the Division, be repaired by DEM at the vessel owner’s expense. Such an expense shall constitute a debt that a vessel’s owner must satisfy prior to being authorized to enter into a berth contract with the Department.
EE.Abandoned illegally berthed, vessels shall be considered trespassing, and removed from State Port facilities at the owner’s expense pursuant to §§ 1.22(B) and 1.23 of this Part.
FF.Failure of the Division to enforce a violation or breach of any of the above Regulations shall not affect the Division’s right to pursue future enforcement actions for any subsequent violations.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.9** Repealed. {#sec-250-ricr-50-00-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.9}
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.10** Newport Lobster Shack Cooperative {#sec-250-ricr-50-00-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.10}
A.There shall be no dockside sale, barter, or trading of lobster or crab within the State facilities of the Port of Newport with the exception of the single, designated point of sale location called, “The Newport Lobster Shack.” The point of sale location shall be operated and managed by the fishers directly by an association of berth holders known as the “Fishers in Newport.”
B.Participation in the lobster cooperative for sale of lobsters/crabs directly by fishers to the public is available to any berth holder possessing a valid endorsement issued pursuant to Part 90-00-2 of this Title, Commercial and Recreational Saltwater Fishing License Regulations.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.11** Use of Piers {#sec-250-ricr-50-00-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.11}
A.Unless actively loading or offloading, no vessel shall berth at State-owned facilities or at facilities owned by the State and leased to private entities without a signed, current berth contract or prior written approval by the Division. Vessels with valid berth contracts and vessels with prior written approval by the Division shall berth only in designated locations.
B.Dumping of garbage, oil, refuse, fish offal, or other substances in public tidewaters of the State is prohibited by State and Federal Laws and shall be considered cause for immediate revocation of a berth contract. Waste oil from fishing vessels shall be properly disposed of in the designated waste oil collection tanks. Used filters shall only be properly disposed of in the provided collection barrels. The collection areas shall be kept clean, free of debris, and oil spills shall be immediately reported to the Division.
C.No trash shall be stored on the docks and piers. A dumpster maintained by the Division, located at the Division’s office in the Port of Galilee, is reserved exclusively for the disposal of waste generated by vessels whose owners hold current berth contracts. The use of the dumpster for disposal of any waste other than that waste generated by commercial fishing vessels whose owners hold berth contracts constitutes a violation. In addition, any illegal disposal by a berth contract holder constitutes a violation of these Regulations and, as such, shall result in the termination of the berth contract of the violator by the Division.
D.The use of, or the tampering with, Port electricity or infrastructure by any individual, including fishing vessel owners or operators, without prior Division consent, is strictly prohibited. Any illegal use of Port electricity or infrastructure by a berth contract holder and/or his/her agents shall result in the immediate termination of the berth contract of the violator by the Division.
E.No chest freezers shall be allowed to remain on a pier or on land adjacent without written authorization by the Division.
F.Storage of Gear
1.Port of Galilee – No gear, barrels, nets, equipment, or other material shall be allowed to remain on a pier in a manner which obstructs safe passage or use. Passage over the piers shall remain unobstructed at all times. No gear, barrels, equipment or other materials shall be allowed to obstruct passage to the piers or on land adjacent and providing access to the pier.
2.Port of Newport, State pier #9
a.Commercial fishing gear may be stored on the pier in the designated storage areas subject to the following restrictions:
(1)No vessels or vehicles may be stored in designated storage areas.
(2)Storage areas must be kept clean and free of trash or debris at all times.
(3)Storage areas are subject to inspection by the Division at any time.
(4)No storage of material other than commercial fishing gear is permitted in gear storage areas.
(5)Any misuse of gear storage areas will result in revocation of permitted use and all materials must be removed by the owner within twenty-four (24) hours.
b.Passage over the piers shall remain unobstructed at all times. No gear, barrels, equipment or other materials shall be allowed to obstruct passage to the piers. The center four feet (4’) of the “L” pier must be kept clean at all times.
c.Unless previously authorized by the Division, any storage outside of a vessel must be kept freely accessible for Division inspection.
G.Storage of bait at either facility is only permitted in compliance with the following restrictions:
1.Storage of unrefrigerated bait must be in sound barrels, i.e. plastic barrels, without leaks and with tight fitting lids;
2.All unrefrigerated bait must be salted down, covered or preserved.
3.Maggot infested bait will be removed from the pier by the Division and disposed of immediately;
4.Division staff has the right to inspect barrels stored on the State piers and order the immediate removal of bait which they deem to be in noncompliance with these Regulations or otherwise offensive. Such an obligation is recognized as a condition of tenancy.
5.Bait barrels shall not be handled in such a manner as to result in spilling of bait or juices on any asphalt surface on State piers or surrounding State property.
6.Preparing or stringing of bait is permitted on the cement bulkhead cap on State pier #9 in the Port of Newport. The bulkhead used for bait stringing or preparation shall be washed down immediately upon completion of the baiting.
H.A section of the South-Facing Bulkhead located between the skiff dock and first (1st) backdown slip at State pier #9, Port of Newport will be designated for short-term vessel use.
1.Short-term storage of gear in this area is restricted to twenty-four (24) hours. Authorized uses are loading and unloading pots and fishing gear, running out cables, minor welding, carpentry, outfitting, and engine repair, electrical equipment repair, net repairs (for no longer than four (4) hours), loading/unloading bait barrels, and fueling of vessels provided said fueling operations do not occur adjacent to welding or other potential fire hazards.
2.The operator of any vessel using the above described bulkhead service area shall ensure that the area employed is clean and in good repair prior to vacating the area.
3.Any vessel which does not possess a valid berth contract is prohibited from using the above described bulkhead service area without the prior written approval of the Division and payment of the transient rate for the use of the pier.
I.The Bulkhead located west of the western side of the Great Island Bridge:
1.The Bulkhead shall be used primarily as a loading/unloading zone for commercial fishing vessels.
2.Power washing of Lobster Pots is allowed only in the designated area near the Great Island Bridge. Pots must be removed immediately upon completion of the cleaning so others may use the area. The area must be cleaned upon the completion of the work.
3.There is no storage of pots/gear of any kind along the bulkhead. All pots/gear must be removed within one (1) week. If any pots/gear are left for a period of longer than one (1) week, they shall be deemed abandoned and promptly removed and disposed of by the Division.
4.There shall be no storage of pots/gear in immediate loading areas along the bulkhead at any time for any reason.
5.There shall be no overnight tie-ups along the bulkhead without written permission from DEM staff with a permission pass posted in the wheelhouse window in plain sight.
6.The bulkhead may be used during storm conditions by Port of Galilee tenants sheltering their vessels from the wind without written permission. However, the captain must remain on board.
J.The Division, in its sole discretion, may designate any area of the Port as a “fire lane,” including but not limited to the strip of land along the bulkhead. Such areas that are designated as a fire lane, shall be properly signed and are required to be kept clear and unobstructed at all times. No gear storage, parking, standing vehicles, cutting boards, or bait barrels shall be allowed in a fire lane, except for the temporary loading and unloading equipment with the driver in line of sight of the vehicle.
K.No person shall bring into the Port area any refuse, ashes, waste oil, or garbage. In addition, there shall be no disposal of fish and fish parts on the bulkhead or in the waters of the State.
L.Parking shall be allowed only in allocated and/or designated parking spaces. All no parking zones shall be signed and violators shall be tagged, towed, and/or fined.
M.Camping and/or sleeping in vehicles at the facility is prohibited.
N.Abandoned, unregistered or illegally parked vehicles will be towed at owner’s expense.
O.All rights-of-way shall be kept free and clear of obstruction by vehicles, gear, equipment, etc.
P.All lessees shall obtain written approval from the Department of Environmental Management prior to undertaking activities.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.12** State Pier #9 Newport Traffic Regulations {#sec-250-ricr-50-00-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.12}
A.Parking shall be allowed only in allocated and/or designated parking spaces. Vehicles must have current parking stickers. Any vehicles which are found in areas designated "No Parking Zones" shall be tagged and fined as well as the vehicle(s) towed away at the owner’s expense.
B.All designated rights of way shall be kept free and clear of obstruction including, but not limited to, vehicles, gear, or equipment. A ten foot (10’) zone around all electric power pedestals and all water hydrants are to be kept free and clear of obstruction including, but not limited to, vehicles, gear, or equipment.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.13** Port of Galilee State Pier #3 Traffic Regulations {#sec-250-ricr-50-00-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.13}
A.Parking is allowed in designated areas only for abandoned motor vehicles with valid commercial fishing stickers issued by the DEM. Illegally parked abandoned motor vehicles may be towed at the expense of the vehicle’s owner.
B.No commercial fishing vessel shall remain tied to pier #3 for longer than two (2) weeks without prior written permission from the DEM.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.14** Port of Galilee Southeast (S.E.) State Parking Lot (G) {#sec-250-ricr-50-00-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.14}
A.This is a long-term general public parking area, and overflow parking area for fishermen and crew with valid parking permits issued by the Division.
B.No campers, buses, trucks, trailers, vessels, or other vehicles over eight thousand eight hundred (8,800) lbs. Gross Vehicle Weight shall be allowed in the lot.
C.No camping is allowed.
D.No sleeping in vehicles is allowed.
E.The daily parking fee is ten dollars ($10.00).
F.Minimum fee for replacement of a lost ticket is one hundred dollars ($100.00).
G.Abandoned motor vehicles will be towed at the expense of the vehicle’s owner.
H.Seasonal Parking Pass Fee Schedule, a seasonal parking pass is one hundred fifty dollars ($150.00) for individuals with a Rhode Island driver’s license and a Rhode Island registered vehicle. The pass is seventy-five dollars ($75.00) for senior citizens sixty-five (65) years of age or older with a valid Rhode Island driver’s license and Rhode Island registered vehicle. A seasonal pass is two hundred fifty dollars ($250.00) for all vehicles with out-of-State registrations. The pass is transferable to a second (2nd) vehicle but will only be honored once in any calendar day. The pass cannot be loaned to a vehicle to which the pass is not issued. No refunds will be given for unused passes.
I.The issuance of a pass to a vehicle authorized for the parking of the subject vehicle on a space available basis. Staff will make every reasonable effort to ensure that adequate parking spaces are available for all vehicles with an annual parking pass, it is possible that enough parking spaces may not be available at times of peak demand including, but not limited to, holiday periods.
J.Any misuse of parking passes will result in the immediate confiscation of the pass by the Division.
K.Vehicles accessing State Parking Lot G must at all times, year round, display a daily parking receipt, a valid seasonal placard, or a current commercial fisherman parking sticker. Failure to display proper parking credentials will result in the vehicle being towed from the lot.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.15** Port of Galilee Lot 240 Commercial Fishermen Parking Area {#sec-250-ricr-50-00-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.15}
A.Parking is restricted to commercial fishermen and vessel crews with valid commercial fishing parking stickers.
B.Parking stickers will be issued by the Department for vessel captains and crew. Vessel captains must designate crew members and submit a crew list to the Division to be issued valid commercial fishing parking stickers. Should the Division request proof of employment for crew members or captains, it will be the burden of the applicant to provide such documentation as deemed necessary by the Division.
C.Unauthorized or abandoned motor vehicles will be ticketed and/or towed at the expense of the vehicle’s owner.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.16** Port of Galilee West Bulkhead Area Traffic Regulations {#sec-250-ricr-50-00-1-1.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.16}
A.Parking Area E: Parking is for commercial fishermen, charter and “headboat” crews who are authorized berth holders and their customers.
B.No sleeping in vehicles is allowed.
C.Abandoned motor vehicles will be towed at the expense of the vehicle’s owner.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.17** General Rules and Regulations {#sec-250-ricr-50-00-1-1.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.17}
A.No person shall commit any disorderly or indecent act within the limits of the Ports.
B.No person shall refuse or neglect to obey the directions of any enforcement officer or any other authorized representative of the Department of Environmental Management.
C.No person shall distribute or exhibit in the Port any printed or written material of a commercial nature without written permission of the Division. If official permission is granted, the distributor or exhibitioner shall be responsible for removal of all litter which may result from such distribution. If the distributor or exhibitioner fails to comply with the removal of all litter, then the litter will be removed by the DEM or their agents at the distributor’s or exhibitioner’s expense.
D.No person shall offer for sale in the Port any goods or services of a commercial nature without written permission of the Division.
E.No person shall park or otherwise store any trailers on property owned or leased by the Division within the limits of the Port of Galilee or State pier #9, Port of Newport, without prior written permission by the Division.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.18** Curfew {#sec-250-ricr-50-00-1-1.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.18}
A.With the exception of the owners and crew of commercial fishing vessels assigned berth contracts and/or those involved in loading/unloading or servicing vessels at the State-owned facilities at the Port of Galilee or State pier #9, Port of Newport, or those persons possessing a valid Saltwater Recreational Fishing License who are engaged in recreational fishing at the Port of Galilee or State pier #9, all persons are prohibited from the State-owned facilities including at the Port of Galilee or State pier #9, at any time during the hours between sunset and sunrise.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.19** Penalties {#sec-250-ricr-50-00-1-1.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.19}
A.Any person who violates §§ 1.11-1.18 of this Part, shall be subject to a civil violation and a fine not to exceed one hundred dollars ($100.00) pursuant to R.I. Gen. Laws § 32-2-4, for each violation and for other such penalties as State law allows and may forfeit any and all rights to utilize the facility. Jurisdiction over these violations shall be with the traffic tribunal as specified under R.I. Gen. Laws § 42-17.10-1.
B.Any person who violates any portion of these Rules or Regulations set forth in § 1.8 of this Part shall be subject to a fine not to exceed five hundred dollars ($500.00), or imprisoned not exceeding thirty (30) days, pursuant to R.I. Gen. Laws § 46-5-12, for each violation and for other such penalties as State law allows, and the forfeiture of any and all rights to utilize the facility.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.20** Appeals {#sec-250-ricr-50-00-1-1.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.20}
A.Any person aggrieved by an order of the Director or his designee pursuant to these regulations may file an appeal in accordance with R.I. Gen. Laws Chapter 42-17.7 and Part 10-00-1 of this Title (“Rules and Regulations for the Administrative Adjudication Division”) by presenting a written request for a hearing within twenty (20) days of the applicant’s receipt of the notice of the enforcement action. The written request must be presented to the clerk of the Administrative Adjudication Division, 235 Promenade Street, Room 350, Providence, RI 02908.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.21** Mandatory Safety Inspections {#sec-250-ricr-50-00-1-1.21 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.21}
A.At the request of the Director or his designee, all vessels berthed in the state ports are subject at all times to boarding and inspection for the limited purpose of a safety inspection.
B.The Director or his designee shall provide the owner of a vessel with forty eight (48) hours written notice prior to conducting a safety inspection, unless the vessel's condition is believed to constitute an emergency situation, in which case no advance notice is required. Written notice may be made either by electronic mail to the vessel owner’s last known email address if on file with the Division of Coastal Resources, or by personal service by an Environmental Police Officer.
C.An "emergency situation" shall include, but not be limited to, any situation in which the Department believes a vessel's presence at a state port facility poses an immediate risk of injury to any person, the environment, or an immediate risk of damage to the port itself or to any of the other vessels berthed in port, such that the forty eight (48) hour written notice requirement cannot reasonably be complied with.
D.The Department may retain a marine surveyor at any time to conduct a safety inspection.
E.Refusal of any vessel owner to authorize and cooperate with a safety inspection is grounds for immediate ejection from the state ports pursuant to §§ 1.22 and 1.23 of this Part, and grounds for termination of any berthing contract.
F.Any vessel determined to be unseaworthy, or deemed inoperable beyond repair, or determined to pose a risk of injury to any person, the environment, or risk of damage to the port itself or to any of the other vessels berthed in port, shall be removed from the state ports forthwith pursuant to §§ 1.22 and 1.23 of this Part.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.22** Grounds for Removal of Noncompliant Vessels from the State Ports {#sec-250-ricr-50-00-1-1.22 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.22}
A.Occupancy of a berth in the state ports is a privilege reserved for the exclusive use of commercia fishing vessels that meet the "actively engaged in fishing" standard, as defined in § 1.7(A) of this Part. Additionally, eligible headboats and charter boats are also eligible for berthing in the Port of Galilee.
B.Any vessel found to be in violation of these Regulations, including, but not limited to, non-payment of fees when due, shall be removed from the state ports.
C.Any vessel that does not meet the "actively engaged in fishing" standard set forth in § 1.7(A) of this Part shall be removed from state ports.
D.Following a safety inspection, any vessel that is determined to be unseaworthy, inoperable beyond reasonable repair, unable to engage in commercial fishing, or in the case of charter vessels, unable to carry passengers for hire, engage in fishing, and/or poses a risk of injury to any person, the environment, risk of damage to the port itself or to any of the other vessels berthed in port, or any risk of harm to the environment, shall be removed from the state ports.
E.Any vessel whose owner refuses to agree to a Safety Inspection shall be removed from the state ports.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
##### **250-RICR-50-00-1 § 1.23** Procedure for Removal of Vessels from the State Ports {#sec-250-ricr-50-00-1-1.23 omnilex-key=us-ri-regs-official--title-250--250-RICR-50-00-1#1.23}
A.Except for those instances noted above in § 1.8(V) of this Part where alternative notification procedures are proscribed, the Department shall provide written notice to the owner of any vessel required to be removed from the state ports. The written notice shall state that the vessel owner has seven (7) days in which to remove the vessel from the state ports, unless an emergency situation requires immediate removal.
B.Following the issuance of an Order of Removal, if the vessel owner fails to remove the vessel within the time period set forth in this Part, the Department may file an action in the Superior Court requesting an injunction requiring the vessel owner to remove the vessel from the state ports forthwith. The matter shall be assigned to the Superior Court's Formal & Special Cause calendar, or any other calendar determined by the Superior Court.
**History**
- *Amendment — effective from 2025-10-07 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/07/2025*
- *Amendment — effective from 2021-07-29 to 01/04/2022*
- *Amendment — effective from 2021-06-08 to 07/29/2021*
- *Amendment — effective from 2021-01-01 to 06/08/2021*
- *EMERGENCY RULE Amendment — effective from 2020-05-28 to 01/01/2021*
- *Technical Revision — effective from 2015-06-07 to 05/28/2020*
- *Amendment — effective from 2015-06-07 to 06/07/2015*
- *Amendment — effective from 2004-01-08 to 06/07/2015*
- *Amendment — effective from 2003-06-09 to 06/07/2015*
- *Amendment — effective from 2003-04-02 to 01/08/2004*
- *Periodic Refile — effective from 2001-12-31 to 04/02/2003*
- *Periodic Refile — effective from 2001-12-31 to 06/09/2003*
## **Chapter 60** Fish and Wildlife
### **Subchapter 00**
#### **250-RICR-60-00-2** Rules and Regulations Governing the Importation, Feeding, and Baiting of Cervids in Rhode Island
##### **250-RICR-60-00-2 § 2.1** Purpose {#sec-250-ricr-60-00-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.1}
The purpose of these Rules and Regulations is to protect the general public's safety and native wildlife resources of the state and to prevent the introduction of wildlife diseases, such as but not limited to, bovine tuberculosis, brucellosis, chronic wasting disease (CWD), or epizootic hemorrhagic disease into the State of Rhode Island by prohibiting persons from importing, transporting, or possessing live cervids, cervid carcasses or carcass parts thereof in the State of Rhode Island as well as restricting certain feeding and baiting practices that have been demonstrated to facilitate the spread of disease amongst animals.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.2** Authority {#sec-250-ricr-60-00-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws §§ 4-4-23 and 20-17-9, Chapters 4-18, 20-17, 42-17.1, and 42-17.7, in accordance with R.I. Gen. Laws Chapter 42-35, the Administrative Procedures Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.3** Administrative Findings {#sec-250-ricr-60-00-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.3}
These Rules and Regulations are required to ensure public health, safety and welfare by preventing the introduction of wildlife diseases, such as CWD, into the State of Rhode Island by persons importing, transporting, or possessing live cervids, cervid carcasses or carcass parts thereof in the State of Rhode Island or by persons feeding or baiting cervids in this State. The Department finds that cervid diseases, are primarily spread by the translocation of live captive cervids, with the potential to introduce diseases to wild cervids as the two (2) often come in contact. Impacts of diseases, such as CWD, can lead to negative impacts to the local white-tailed deer population, the states deer hunting culture, and wildlife management of other game and non-games species. Movement of infected cervid carcasses is also a known risk for introducing CWD prions to new areas. Accordingly, Association of Fish and Wildlife Agencies (AFWA) and Northeast Association and Fish and Wildlife Agencies (NEAFWA) recommends in part prohibiting all human-assisted movement of live cervids, as well as intact carcasses from CWD endemic areas, to prevent the additional introduction and further spread of this disease. Chronic Wasting Disease may be present in a State/Province and not detected as not all States have a CWD surveillance or monitoring program.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.4** Application {#sec-250-ricr-60-00-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.4}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.5** Severability {#sec-250-ricr-60-00-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.5}
If any provision of these Rules and Regulations, or 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.6** Superseded Rules and Regulations {#sec-250-ricr-60-00-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.6}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of the prohibition on the importation of cervids 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.7** Definition of Terms {#sec-250-ricr-60-00-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.7}
“Cervids” means any animals which are members of the family “Cervidae” whether captive or wild and any and all hybrids, subspecies or genetically altered species, including but not limited to the following: white-tailed deer (Odocoileus virginianus); mule deer (Odocoileus hemionus), black-tailed deer (Ododcoileus hemionus columbianus), elk (Cervus canadensis), red deer (Cervus elaphus), moose (Alces alces); fallow deer (Dama dama), sika deer (Cervus nippon), muntjac deer (Muntiacus spp.), axis deer (Axis axis), and caribou or reindeer (Rangifer tarandus).
“Chronic Wasting Disease” or “CWD” means an always-fatal nervous system disease found in cervids (deer, elk, moose, reindeer) for which there is currently no cure. It can be transmitted through direct animal to animal contact, contact with saliva, feces, carcass parts of an infected animal, and can even spread through soil that has been contaminated with any of the above tissues or fluids. To date, CWD has been found in wild and captive cervids across the Unites States, parts of Canada and other countries across the world.
“Chronic wasting disease endemic area” means any US State, Canadian Province or other Country where CWD has ever been detected or any State/Province located within twenty-five (25) miles of any CWD positive detection in a different State/Province.
“Department” means the Department of Environmental Management.
“Director” means the Director of the Department of Environmental Management.
“Feeding” or “baiting” for the purpose of these Regulations, means the act of using, placing, giving, exposing, depositing, distributing, or scattering any material, or any act to maintain the availability of such material, that attracts, or is reasonably intended to attract wild white-tailed deer to feed on such material.
“Person” means an individual, corporation, partnership, or other legal entity.
"Possession" means to exercise dominion or control over any cervid or cervid parts, at any point.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.8** Persons Authorized to Enforce These Rules and Regulations {#sec-250-ricr-60-00-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.8}
Any employee of the Department’s Division of Law Enforcement, Division of Agriculture, and Division of Fish and Wildlife are hereby commissioned by the Director pursuant to R.I. Gen. Laws § 42-17.1-2, to enforce these Rules and Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.9** Penalties {#sec-250-ricr-60-00-2-2.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.9}
Any person who violates any section of these Rules and Regulations shall, upon conviction by a court of competent jurisdiction, be punished by a fine of up to three hundred dollars ($300.00) or imprisonment not exceeding one (1) year per violation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.10** Regulations on the Importation, Possession and Transportation of Live Cervids {#sec-250-ricr-60-00-2-2.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.10}
A.No person shall import, transport or possess in the State of Rhode Island any live captive or wild cervid, except under a permit issued by the Director or his/her designee in compliance with all parts of §§ 2.10(B) and (C) of this Part.
B.A Certificate of Veterinary Inspection shall be issued by an accredited veterinarian of the State of origin or a veterinarian in the employ of the United States Department of Agriculture, countersigned by the veterinarian from the State of origin, attesting to the subject cervids:
1.Are free from visible evidence of any contagious, infectious, or communicable disease or exposure thereto.
2.Are officially permanently identified by means of a device that is compliant with all State and Federally required unique and permanent methods of identification. Forms of identification include but are not limited to USDA approved visual or radiofrequency ear tags.
3.The certificated need to confirm that the subject cervids have tested negative for bovine tuberculosis, epizootic hemorrhagic disease, brucellosis, anaplasmosis, bluetongue, or other diseases as may be required by the Rhode Island DEM’s Division of Agriculture.
4.Does not originate from a CWD endemic area or has not resided in a CWD endemic area for any duration of time.
C.General Exemptions that shall also be in compliance with § 2.10(C):
1.AZA-Accredited and USDA Licensed Facilities. Nothing in this Part shall prohibit zoos, aquariums, research facilities, or other animal care facilities that meet the exemption criteria for such facilities listed in R.I. Gen. Laws §§ 4-18-3, and 4-18-6 from importing or possessing cervids without a permit.
2.Licensed Wildlife Rehabilitators. Nothing in this Part shall prohibit a person possessing a valid license as a Wildlife Rehabilitator issued by the Department from possession of cervids without a permit while in the execution of their duties and in compliance with Rules and Regulations Governing Wildlife Rehabilitation.
3.Authorized Agents of the Department in their Official Duties. Nothing in this Part shall prohibit an agent of the Department’s Division of Agriculture, Division of Fish and Wildlife, or Division of Law Enforcement from possession of cervids without a permit while in the execution of his/her official duties.
4.Agents of the Rhode Island Society for the Prevention of Cruelty to Animals. Nothing in this Part shall prohibit an agent of the Rhode Island Society for the Prevention of Cruelty to Animals from possession of cervids without a permit while in the execution of their law enforcement powers pursuant to R.I. Gen. Laws Chapter 4-1.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.11** Release of Cervids {#sec-250-ricr-60-00-2-2.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.11}
No person shall release to the wild or one’s private property in the State of Rhode Island any captive or wild cervid. This provision does not restrict duly authorized wildlife rehabilitators to release white-tailed deer held in their care or researchers conducting research authorized by the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.12** Feeding and Baiting of Cervids {#sec-250-ricr-60-00-2-2.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.12}
A.No person shall feed cervids at any time in the State of Rhode Island except:
1.Under a license or permit issued by the Department pursuant to R.I. Gen. Laws § 20-1-18 for bona fide scientific research;
2.By planting, cultivating, or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots;
3.By distribution of food material for livestock directly associated with bona fide agricultural practices; by distribution of food material for legally-possessed captive cervid, pursuant to a permit;
4.By cutting of trees or brush; or,
5.Elevated bird/squirrel feeders providing seed, grain, fruit, worms, or suet for birds or squirrels located within one hundred feet (100’) of an occupied dwelling.
B.Distribution of Certain Food Materials.
No person shall feed wild or captive cervids with any material that contains protein derived from any mammalian tissues.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.13** Carcasses and Carcass Parts {#sec-250-ricr-60-00-2-2.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.13}
A.No person shall import, transport, or possess in Rhode Island a cervid whole carcass, brain, eyes, spinal cord, lymph nodes, tonsils, spleen, or such carcass parts from wild, captive or captive-bred cervid obtained from outside Rhode Island, except that:
1.Such carcass parts may be imported and possessed as specimens in a bona fide laboratory research study pursuant to a permit issued by the Director or his/her designee provided that such carcass parts or specimens are disposed of in accordance with accepted laboratory practices; or,
2.As provided in § 2.14 of this Part, such parts and carcasses may be shipped or transported through Rhode Island as part of an interstate shipment, provided that all such carcasses and carcass parts are marked as described in § 2.14 of this Part. No carcass or carcass parts shall be disposed of or remain in Rhode Island.
3.All legally harvested wild white-tailed deer carcasses and carcass parts from Connecticut and Massachusetts. All carcasses and carcass part must be disposed of following best management practices as stated by the Department at time of disposal. If Massachusetts or Connecticut become a CWD endemic area, they are no longer exempt from the carcass or carcass parts ban beginning on the date of CWD detection.
4.The following carcass parts originating from outside the State of Rhode Island may be imported and possessed if marked in the manner described in § 2.14 of this Part:
a.Meat may be imported and possessed provided that all such meat from an individual animal shall be boned, cut up, packaged and wrapped and such meat shall not be commingled with the meat of any other;
b.The hide or cape;
c.The skull or skull cap, cleaned of all blood, brain matter, muscle or any other tissue;
d.The antlers;
e.Finished taxidermy;
f.Tanned hides;
g.The upper canine;
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.14** Marking of Carcasses and Carcass Parts and Transportation {#sec-250-ricr-60-00-2-2.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.14}
All allowable carcasses and carcass parts of any cervid imported into or through Rhode Island, or packages or containers containing such carcasses or carcass parts thereof, shall be affixed with a legible label bearing the following information: the species of animal, the U.S. State, Canadian Province or other Country where the animal was taken or where the shipment originated, the name of the person who took the animal, name of the shipper, the address of the shipper, name of the taker, address of the taker and, for transport through the State, the destination of the shipment. Permitted carcasses, carcass parts, or meat taken outside Rhode Island shall also bear the marking, tagging, or labeling required by the State where the animal was taken.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.15** Regulatory Enforcement {#sec-250-ricr-60-00-2-2.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.15}
A.Any person who imports, transports or possess live cervids, carcasses or carcass parts thereof, consents to allow any authorized representative of the Department access to enter upon his or her premises or access to his/her vehicle or domicile to conduct inspections for compliance of these Regulations.
B.The Department shall immediately seize and destroy carcasses or carcass parts that are imported or possessed in violation of these Regulations.
C.The Department shall immediately seize, quarantine, and euthanize any cervid that is imported, transported or possessed in violation of the provisions of these Regulations.
D.The Department shall direct any person possessing any cervid suspected of having CWD or other potentially infectious diseases to comply with any measures that are deemed necessary to prevent or mitigate the spread or introduction of chronic wasting disease.
E.Department staff may euthanize, using firearms or other means, any wildlife which is at large and is suspected of having been exposed to or having CWD.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
##### **250-RICR-60-00-2 § 2.16** Right to Administrative Hearing {#sec-250-ricr-60-00-2-2.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-2#2.16}
Pursuant to R.I. Gen. Laws, Chapter 42-17.7, a person who feels aggrieved by a regulatory enforcement action undertaken against that person pursuant to § 2.16 of this Part and seeks an adjudicatory hearing must seek such hearing by filing a written request with the Administrative Adjudication Division, One Capitol Hill, 4th Floor, Providence, Rhode Island, 02908 within twenty (20) calendar days of receipt of the contest agency action.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-07-11 to 01/04/2022*
- *Technical Revision — effective from 2005-08-04 to 07/11/2021*
- *Amendment — effective from 2005-08-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2005-05-04 to 08/04/2005*
- *EMERGENCY RULE Adoption — effective from 2004-09-24 to 05/04/2005*
- *Adoption — effective from 2004-01-28 to 09/24/2004*
- *EMERGENCY RULE Adoption — effective from 2002-12-30 to 01/28/2004*
- *EMERGENCY RULE Adoption — effective from 2002-09-30 to 12/30/2002*
- *EMERGENCY RULE Adoption — effective from 2002-05-31 to 09/30/2002*
#### **250-RICR-60-00-4** Rules and Regulations Governing Collector's Permits
##### **250-RICR-60-00-4 § 4.1** Purpose {#sec-250-ricr-60-00-4-4.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-4#4.1}
The purpose of these rules and regulations is to establish standards for the issuance of collector’s permits for the taking, handling, and/or possession of any species of wild animal for the purpose of scientific study or management of wildlife populations, carrying out scientific experiments and cultivation projects for which the Director has authority pursuant to R.I. Gen. Laws § 20-1-18 and Title 20.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-05-02 to 01/04/2022*
- *Technical Revision — effective from 2016-05-02 to 05/02/2016*
- *Adoption — effective from 2016-05-02 to 05/02/2016*
##### **250-RICR-60-00-4 § 4.2** Authority {#sec-250-ricr-60-00-4-4.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-4#4.2}
These rules and regulations are promulgated pursuant to authority vested in the Director of the Department of Environmental Management under R.I. Gen. Laws §§ 20-1-18, 20-1-21, and 20-1-22, and Chapters 42-17.1 and 42-17.6 in accordance with the requirements of the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-05-02 to 01/04/2022*
- *Technical Revision — effective from 2016-05-02 to 05/02/2016*
- *Adoption — effective from 2016-05-02 to 05/02/2016*
##### **250-RICR-60-00-4 § 4.3** Administrative Findings {#sec-250-ricr-60-00-4-4.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-4#4.3}
The Division of Fish & Wildlife of the Rhode Island Department of Environmental Management is authorized to issue permits for the collection, taking, handling, and or possession of any species of wild animal for purposes of scientific study or management, carrying out scientific experiments, or cultivation projects. Certain wild species populations may be at risk of unregulated collecting and some species, when handled, may pose risk to humans in the form of physical harm or risk of disease exposure. Therefore it is necessary to ensure that those persons who wish to collect, take, handle, or possess wild species for purposes of scientific study, education, or management possess the appropriate and adequate knowledge, skills, and intent to ensure that the species populations as well as human health and safety will not be compromised.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-05-02 to 01/04/2022*
- *Technical Revision — effective from 2016-05-02 to 05/02/2016*
- *Adoption — effective from 2016-05-02 to 05/02/2016*
##### **250-RICR-60-00-4 § 4.4** Application {#sec-250-ricr-60-00-4-4.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-4#4.4}
The terms and provisions of these rules and regulations shall be liberally construed to permit the Division to effectuate the purpose of state law, regulations, goals, and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-05-02 to 01/04/2022*
- *Technical Revision — effective from 2016-05-02 to 05/02/2016*
- *Adoption — effective from 2016-05-02 to 05/02/2016*
##### **250-RICR-60-00-4 § 4.5** Definitions {#sec-250-ricr-60-00-4-4.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-4#4.5}
“Agent” means any person who acts or has authority to act on behalf of another or one who transacts business for another.
“Animal” and “animals” means every living creature including but not limited to, any species of mammal, bird, fish, reptile, amphibian, insect, aquatic organisms, or other animal except a human being.
“Department” or “DEM” means the Rhode Island Department of Environmental Management.
“Director” means the Director of the Rhode Island Department of Environmental Management, or his/her duly authorized agent or agents.
“Division” means the Division of Fish & Wildlife of the Rhode Island Department of Environmental Management.
“Division of Law Enforcement” means the Chief of the DEM Division of Law Enforcement, the deputy chiefs and all officers of the Division of Law Enforcement.
“Endangered species” means any animal so declared by the United States secretaries of the interior or commerce under the provisions of the Federal Endangered Species Conservation Act or any animal so declared by the Director of the Rhode Island Department of Environmental Management pursuant to R.I. Gen. Laws Chapter 42-34.
“Fish and Wildlife” or "F&W" means the Department of Environmental Management’s Division of Fish and Wildlife.
“Management of wildlife” or “wildlife management” for the purpose of these regulations means the manipulation of habitat or populations that are done to meet some specified human goal.
“Person” means any individual, partnership, firm, organization, corporation, association, business trust, estate, municipality, company, government entity, including but not limited to educational and research institutions, zoological gardens, schools, colleges, universities, laboratories, or other legal entity.
“Possession” means the exercise of dominion or control over the animal commencing at the time at which a decision is made not to return the animal to the immediate vicinity from which it was taken. The decision must be made at the first practical opportunity.
“Suppressed rifle,” “suppressor,” “sound suppressor” or “silencer” means a device attached to or part of the barrel of a firearm or air gun which reduces the amount of noise and visible muzzle flash generated by firing of the firearm.
“Take” or “taking” means to take possession of, to capture, procure, or to harvest, kill, or euthanize.
“Translocation” means the transport and release of animals from one location to another.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-05-02 to 01/04/2022*
- *Technical Revision — effective from 2016-05-02 to 05/02/2016*
- *Adoption — effective from 2016-05-02 to 05/02/2016*
##### **250-RICR-60-00-4 § 4.6** Regulations {#sec-250-ricr-60-00-4-4.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-4#4.6}
A.The Division may issue Collector’s Permits, a.k.a. Scientific Collector’s Permits, to persons meeting the criteria set forth in these regulations to take, handle, and/or possess any species of wild animal of any size, age, and number as may be appropriate for the purpose of study or management of wildlife populations, to carry out scientific experiments and cultivation projects for which the Director has responsibility.
B.A valid and current scientific collector’s permit issued by the Division is required to take, handle, or possess, for scientific, educational, management, or cultivation projects, studies or purposes, any species of mammal, bird, fish, reptile, amphibian, insect, aquatic organisms, or other animal, during seasons not permitted by regulations governing holders of a valid hunting, fishing, or trapping license or other permit or license issued by the Department.
C.Applicants for a scientific collector’s permit shall complete and submit an application on forms provided by the Division.
D.All permit applications shall require the following information:
1.The applicant’s name, address, and daytime telephone number;
2.The applicant’s date of birth;
3.If the application is a corporation, partnership, business, commercial entity, club, organization, or association, whether public or private, the name, address, and telephone number of its’ president, director, or principal officer;
4.The applicant’s signature; and,
5.Any other information as deemed relevant by the Division.
E.The Division shall issue four categories of collector’s permits:
1.Type 1 Collector’s Permit: Research and Education. To permit persons whom the Division deems to be qualified to competently and capably conduct research or educational programs and who are not engaged in scientific collecting for monetary gain based upon the sale or transfer of collected species. To qualify for a Type 1 Permit, applicants must demonstrate to the Division’s satisfaction one or more of the following:
a.They possess adequate qualifications, which may include a Bachelor’s Degree in biological science, fisheries science, wildlife, zoology, oceanography, herpetology, or other related field, as it relates to the specific request described in their application and are conducting bona-fide biological research that requires animal specimens or are pursuing studies toward an advanced degree and have a demonstrable need to collect animal specimens to complete such a degree. The Division will also consider professional experience, certification by a professional society or recommendation by acknowledged authorities in the appropriate field when determining evaluating an applicant’s qualifications for the issuance of a Collector’s Permit.
b.They are associated with or employed by a museum, college or university, non-profit organization or other accredited institution or educational facility and are academically and/or professionally qualified as so deemed by the Division and have a valid need to take, handle or possess animal specimens for science or educational purposes subject to Institutional Animal Care and Use Committee (IACUC) restrictions as applicable.
2.Type 2 Collector’s Permit: Governmental. To permit persons employed by, or acting as agents of, a federal or state agency other that the DEM Division of Fish and Wildlife or Division of Law Enforcement to engage in the taking, handling, and/or possessing of wild animals for scientific studies or management as part of their duties.
3.Type 3 Collector’s Permit: Consulting. To permit persons to engage in taking, handling, and/or possessing wild animals for scientific studies or experiment and who are engaged in private consulting for profit. To qualify for a Type 3 Permit, applicants must demonstrate to the Division’s satisfaction that they possess at a minimum a Bachelor’s Degree in biological science, fisheries science, wildlife, zoology, oceanography, herpetology, or other related field as it relates to the specific request described in their application. The Division will consider professional experience, certification by a professional society or recommendation by acknowledged authorities in the appropriate field when evaluating qualifications.
4.Type 4 Collector’s Permit: Municipal Deer Management Permit. The Division may authorize a permit to any municipality to take deer at a specified time and location using any method consistent with professional wildlife management principals when the applicant demonstrates to the satisfaction of the Division the existence of a severe nuisance or ecological damage within the municipality. Any such municipal applicant shall submit to the Division for review and approval, a management plan that describes the extent and degree of the nuisance or ecological damage, the proposed method(s) of taking and provide any other information required by the Division, including but not limited to the following:
a.Quantitative description of extent and degree of nuisance damage (e.g., road kills, property or agricultural crops) or ecological damage.
b.History and duration of deer problem including identification of any control options previously implemented and their effect on resolving the problem. Describe all hunting programs that have been employed within the municipality and/or on the subject property and its results, including level of effort, numbers of hunters and hunter success.
c.Alternative options considered and reasons why other options were not selected.
d.Other actions to discourage future deer problems (e.g., discouraging recreational feeding of deer or modifying local ordinances that restrict hunting or shooting for deer management purposes).
e.Deer population objective and expected number of deer to be removed.
f.A signed and dated letter from the governing body endorsing the application.
g.Map and description of the area subject to the proposed deer management plan showing property boundaries and owners.
h.A list of all abutting landowners that will be notified prior to implementing the plan.
i.Proposed method and procedures for deer removals.
j.Identity of the specific employees or designated agent that will be conducting the removal efforts.
k.Deer removals may only be conducted between September 1 and March 31. Applicants shall include a proposed range of days that deer may be removed. The DEM Wildlife and Law Enforcement Divisions and local police departments must be provided with written notice of at least forty eight (48) hours prior to specific times during which deer removals are to be initiated.
l.If deer are being removed from private land, prior, written permission is required to be obtained by the municipality or designated agent pursuant to the requirements of R.I. Gen. Laws § 20-15-3.
m.Specific equipment to be used, (e.g., type of rifle and ammunition, crossbows, spotlights, suppressors, bait, night vision, or nets, traps).
n.Specific procedures to be used (e.g., shooting over bait, use of spotlights or night vision equipment, shooting from tree stands or vehicles, etc.).
o.Disposition of deer removed (meat, unused carcass parts and entrails).
p.Precautions exercised to maximize safety of removal program (e.g., local law enforcement review and oversight, selection criteria of shooting locations).
q.Qualifications, special skills, certifications, license, and work experience of those implementing the plan.
r.Description of comprehensive liability insurance coverage.
s.Proposed budget, with supporting documentation (i.e. cost estimates), to ensure the budget is sufficient to fully implement the plan.
t.If the shooting of deer is proposed to implement a deer management plan, each shooter must meet all of the following requirements:
(1)Provide DEM with documentation of past experiences relating to firearms use or training, hunter safety, shooting clinics or competitions, deer hunting experience, and deer removal activities.
(2)Provide documentation of successfully completing a Rhode Island Hunter Education Education/Firearms Safety course (firearms or archery) or an equivalent course from another state.
(3)Provide proof of possession of all Federal/State permits, if required.
(4)The shooter’s background check cannot reveal that the shooter has been found in violation or assessed a criminal or administrative penalty by a judicial or administrative tribunal for a violation of any state or federal hunting or fishing statute or regulation within five (5) years from the date of application, or has ever been convicted of any crime that is defined as a felony offense in the jurisdiction in which the conviction is rendered.
(5)Written status reports (monthly) must be submitted to DEM by the permittee that identify status of the program, number of deer removed, persons receiving donated venison, evaluation of objectives and program effectiveness, expenses associated with removals, summary of biological data collected from harvested deer, quantity of donated venison and timetable for future efforts.
F.Collector’s Permit applications must be signed by the permittee. As a condition of signing the application, the permittee agrees:
1.To comply with all relevant provisions of the law including but not limited to R. I. Gen. Laws Titles 20 and 11, and all stipulated conditions and restrictions of the permit;
2.To hold the state harmless for any injury, damage, or disease caused by any animal handled, captured, taken, transported, or possessed under the permit, to include treatment for and prevention of such and to assume all liability associated with this permit.
G.The Collector’s permit shall be valid from January 1 to midnight of December 31 of the year of issue or as otherwise specified on the permit.
H.No animals taken under the provisions of a Collector’s permit shall be sold, offered for sale, traded, or bartered.
I.Permit holders must file a report with the Division of Fish and Wildlife within thirty days of the expiration date of the permit or as otherwise specified on the permit. The report shall require the permittee to record all information requested including: the species of wildlife collected, the number of individual animals, the disposition of animals, and other information as may be required by the Division.
J.Suspension and/or Revocation Criteria
Applications and/or permits for Collector’s Permit may be revoked or suspended when:
1.The applicant or permittee failed to provide all required information on the application or to provide truthful information;
2.The applicant or permittee failed to pay the required permit fee;
3.The permittee has failed to submit the annual report or;
4.The failure of the permittee to comply with any of the conditions of the permit or is in violation of any of the provisions of Titles 20 and 11, or other applicable provisions of the R.I. Gen. Laws or any duly promulgated DEM rule or regulation implementing said statutory requirements.
K.Permittees must possess a valid Rhode Island firearms hunting license, if using firearms while collecting or taking animals under the authority of a Collector’s permit. The use of firearms is subject to all state and local restrictions unless explicitly exempted from such restriction pursuant to the permit.
L.Issuance of a permit does not exempt the permittee from compliance with the provisions of any other local, state, or federal statues, regulations or ordinances.
M.The capture, handling, or possession of any federally listed endangered species, unless specifically approved by the permit and applicable federal requirements, is prohibited.
N.Permit applications requesting the capture, handling, or possession of migratory birds must be accompanied by the applicant’s current federal banding or migratory bird permit.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-05-02 to 01/04/2022*
- *Technical Revision — effective from 2016-05-02 to 05/02/2016*
- *Adoption — effective from 2016-05-02 to 05/02/2016*
##### **250-RICR-60-00-4 § 4.7** Violations {#sec-250-ricr-60-00-4-4.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-4#4.7}
Any violation pursuant to the provisions of R.I. Gen. Laws Title 20 and the rules and regulations herein, either by a permittee or a sub-permittee working under said permittee may be cause for imposing penalties in accordance with the provisions of the applicable statute, as well as the revocation of existing permit(s) of both the sub-permittee and responsible permittee.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-05-02 to 01/04/2022*
- *Technical Revision — effective from 2016-05-02 to 05/02/2016*
- *Adoption — effective from 2016-05-02 to 05/02/2016*
##### **250-RICR-60-00-4 § 4.8** Superseded Rules and Regulations {#sec-250-ricr-60-00-4-4.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-4#4.8}
On the effective date of these rules and regulations, all previous rules and regulations and any policies regarding the administration and enforcement of collector’s permits 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-05-02 to 01/04/2022*
- *Technical Revision — effective from 2016-05-02 to 05/02/2016*
- *Adoption — effective from 2016-05-02 to 05/02/2016*
##### **250-RICR-60-00-4 § 4.9** Severability {#sec-250-ricr-60-00-4-4.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-4#4.9}
If any provision of these Rules and Regulations, or 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-05-02 to 01/04/2022*
- *Technical Revision — effective from 2016-05-02 to 05/02/2016*
- *Adoption — effective from 2016-05-02 to 05/02/2016*
##### **250-RICR-60-00-4 § 4.10** Appeal and Hearing Procedures {#sec-250-ricr-60-00-4-4.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-4#4.10}
A.Opportunity for Hearing
1.Denials -- Any person who feels aggrieved by a decision of the permitting agency relatable to his/her application for a permit, permit renewal, or other approval may appeal to the Administrative Adjudication Division, for review of the subject decision.
2.Violations -- Any person who feels aggrieved by a notice of violation concerning any of the provisions of these rules, may request a hearing before the Administrative Adjudication Division, subject to the provisions of R.I. Gen. Laws 42-17.1-2(21).
3.Hearings and Administrative Procedure -- Pursuant to the authority granted to the Department in R.I. Gen. Laws § 42-17.7-9.
a.Any person who seeks an adjudicatory hearing in order to contest an enforcement action which alleges violation(s) of these rules and regulations must file said request in writing with the clerk of Administrative Adjudication Division, 1 Capitol Hill, 4th Floor, Providence, Rhode Island, 02908 within twenty (20) days of receipt of the contested agency enforcement action.
b.Any person who seeks an adjudicatory hearing relative to the denial of a permit or sub-permit arising under these rules and regulations must file said request in writing with the clerk of Administrative Adjudication Division, 1 Capitol Hill, 4th Floor, Providence, Rhode Island, 02908 within thirty (30) calendar days of receipt of the contested agency action.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-05-02 to 01/04/2022*
- *Technical Revision — effective from 2016-05-02 to 05/02/2016*
- *Adoption — effective from 2016-05-02 to 05/02/2016*
##### **250-RICR-60-00-4 § 4.11** Effective Date {#sec-250-ricr-60-00-4-4.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-4#4.11}
The foregoing Rules and Regulations Governing Collector’s Permits after due notice, are hereby adopted and filed with the Secretary of State to become effective twenty (20) days thereafter, in accordance with the provisions of R.I. Gen. Laws Chapters 42-35, 42-17.1, and 42-17.6.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-05-02 to 01/04/2022*
- *Technical Revision — effective from 2016-05-02 to 05/02/2016*
- *Adoption — effective from 2016-05-02 to 05/02/2016*
#### **250-RICR-60-00-5** Trout Conservation Stamp Regulations
##### **250-RICR-60-00-5 § 5.1** Purpose {#sec-250-ricr-60-00-5-5.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-5#5.1}
The purpose of these Rules and Regulations is to set procedures for the trout conservation stamp in an effort to conserve the trout resources of the State of Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-27 to 01/04/2022*
- *Adoption — effective from 2001-12-27 to 12/27/2001*
##### **250-RICR-60-00-5 § 5.2** Authority {#sec-250-ricr-60-00-5-5.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-5#5.2}
These regulations are promulgated pursuant to R.I. Gen. Laws §§ 42-17.1 "the DEM", R.I. Gen. Laws Chapter 42-17.6, R.I. Gen. Laws §§ 20-1-2, 20-1-12, 20-1-13, 20-2-40, 20-2-41, 20-2-42, and 20-2-43 in accordance with R.I. Gen. Laws Chapter 42-35 of the "Administrative Procedures Act".
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-27 to 01/04/2022*
- *Adoption — effective from 2001-12-27 to 12/27/2001*
##### **250-RICR-60-00-5 § 5.3** Administrative Findings {#sec-250-ricr-60-00-5-5.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-5#5.3}
The instant Rules and Regulations are promulgated in order to clarify existing regulations governing the issuance of trout conservation stamps.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-27 to 01/04/2022*
- *Adoption — effective from 2001-12-27 to 12/27/2001*
##### **250-RICR-60-00-5 § 5.4** Application {#sec-250-ricr-60-00-5-5.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-5#5.4}
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purpose of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-27 to 01/04/2022*
- *Adoption — effective from 2001-12-27 to 12/27/2001*
##### **250-RICR-60-00-5 § 5.5** Severability {#sec-250-ricr-60-00-5-5.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-5#5.5}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-27 to 01/04/2022*
- *Adoption — effective from 2001-12-27 to 12/27/2001*
##### **250-RICR-60-00-5 § 5.6** Definitions {#sec-250-ricr-60-00-5-5.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-5#5.6}
A.The following words when used in these Rules and Regulations, except as otherwise required by the context, shall have the following meaning:
1."Department" means the Department of Environmental Management, the Director of the Department of Environmental Management, or any division of the Department.
2.“Director” means the Director of the Department of Environmental Management, or his/her designee.
3.“Take” means “possession” as it is defined in R.I. Gen. Laws § 20-1-3(a)(6), “the exercise of dominion and control over the resource commencing at the time at which a decision is made not to return the resource to the immediate vicinity from which it was taken. The decision must be made at the first practical opportunity.”
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-27 to 01/04/2022*
- *Adoption — effective from 2001-12-27 to 12/27/2001*
##### **250-RICR-60-00-5 § 5.7** Regulations {#sec-250-ricr-60-00-5-5.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-5#5.7}
A.Trout Conservation Stamp Regulations
1.No person fifteen (15) years of age or older, other than persons who are defined as blind pursuant to R.I. Gen. Laws § 20-2-31(d), disabled as defined by R.I. Gen. Laws § 20-2-31(h), or are sixty-five (65) years of age or older, shall take any trout or shall engage in placing, operating, or superintending a device for the purpose of taking or catching fish from water bodies which are designated "catch-and-release" or "fly-fishing only", without first obtaining a regular fishing license and a Rhode Island trout conservation stamp for the current year. Each stamp shall be validated by the signature of the licensee written in ink across the face of the stamp, and shall be in his or her possession while engaged in the activities permitted under the terms of the license and stamp.
2.A trout conservation stamp shall be available at all outlets currently used for the issuance of fishing licenses. A trout conservation stamp shall be sold by outlets for a fee of five dollars and fifty cents ($5.50). For each stamp sold the outlet may retain a fee of fifty cents ($.50), and shall remit five dollars ($5.00) to the Department for each stamp sold.
3.The Director shall adopt and shall be responsible for the design, production, procurement, distribution, and sale of trout conservation stamps and all marketable by-products such as posters, artwork, calendars, and other items.
4.All trout conservation stamps receipts and all receipts from the sale of stamp by-products shall be deposited in a special trout conservation fund. Said fund shall be expended through the appropriations process for operations, trout habitat including acquisition, improvement, research, and culture projects.
5.No person shall transfer a trout conservation stamp.
5.The prohibition set forth in § 5.7(A)(1) of this Part shall apply to all Rhode Island waters with the exception of the three border ponds, i.e., Beach Pond which is located in Exeter, Wallum Lake which is located in Burrillville, and Peck Pond which is located in Burrillville. § 5.7(A)(1) of this Part shall also not prohibit the taking of trout without a trout conservation stamp from a water body which is stocked by the taker(s) and is located entirely within the property owned by a landowner or by a club or organization recognized by the Director for such exemption.
6.The Director may suspend or revoke the fishing license and / or trout conservation stamp of any fisher whom the Director finds has violated the terms of these Rules and Regulations. Any person aggrieved by an order of suspension or revocation may appeal said order in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, the Administrative Procedures Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-27 to 01/04/2022*
- *Adoption — effective from 2001-12-27 to 12/27/2001*
#### **250-RICR-60-00-6** Rhode Island Ferret Regulations
##### **250-RICR-60-00-6 § 6.1** Purpose {#sec-250-ricr-60-00-6-6.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-6#6.1}
The purpose of these Rules and Regulations is to establish regulations for the possession of ferrets.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-60-00-6 § 6.2** Authority {#sec-250-ricr-60-00-6-6.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-6#6.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, Environmental Management, and R.I. Gen. Laws §§ 20-1-4; 20-16-3; 4-13-1; in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-60-00-6 § 6.3** Application {#sec-250-ricr-60-00-6-6.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-6#6.3}
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purpose of state law, goals, and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-60-00-6 § 6.4** Severability {#sec-250-ricr-60-00-6-6.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-6#6.4}
If any provision of these Rules and Regulations, or 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-60-00-6 § 6.5** Incorporated Materials {#sec-250-ricr-60-00-6-6.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-6#6.5}
These regulations hereby adopt and incorporate the National Association of State Public Health Veterinarians, Inc., "Compendium of Animal Rabies Control,” 2016" 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-60-00-6 § 6.6** Definitions {#sec-250-ricr-60-00-6-6.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-6#6.6}
A."Compendium" means the Compendium of Animal Rabies Control as published by the National Association of State Public Health Veterinarians, Inc., incorporated above at § 6.5(A) of this Part.
B."Currently vaccinated" means properly injected by or under the direct supervision of a licensed veterinarian with a rabies vaccine licensed for use in that species by the U.S. Department of Agriculture (USDA) and satisfying the following criteria:
1.The manufacture's protocol with regard to minimum age of animal as well as frequency and intervals of initial vaccinations(s) was followed; and
2.At least thirty (30) days have elapsed since the initial vaccination and not more than twelve (12) months have elapsed since the last vaccine.
C."Ferret" means any Common European ferret (Mustela putorius).
D."Owner" or "Keeper" or "Possession" means any person keeping, harboring, or having charge or control or responsibility for control of an animal.
E."Person" means an individual, corporation, partnership, or other legal entity.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
##### **250-RICR-60-00-6 § 6.7** Regulations {#sec-250-ricr-60-00-6-6.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-6#6.7}
A.Personal Possession - Any person who intends to own, possess, or import a ferret into or within Rhode Island, for personal possession must obtain a permit. Said permit must be obtained within a two-week time period beginning on the first day of possession. Said permit will be issued by the director or his/her designee, in accordance with R.I. Gen. Laws Chapter 16-3.
B.Distribution Only - Any person who intends to own, possess, or import a ferret into or within Rhode Island, for distribution must obtain a permit. Said permit must be obtained prior to possession. Applicant must be a pet distributor licensed with the DEM Division of Agriculture and who maintains a log on forms designated by the Division of Agriculture, subject to inspection at any time. In addition, such person must provide a Ferret Permit Application with each ferret distributed, as well as a copy of the rabies vaccination certificate for any ferret so vaccinated. Said vaccination must be administered by a veterinarian license in the state of origin.
C.Application Procedure (Personal Possession/Distribution) - Any person wishing to obtain a permit to possess or import a ferret must submit a DEM provided Ferret Permit Application to the DEM Division of Fish and Wildlife. The application will provide the following:
1.Applicants name, address, and telephone number,
2.Name, address, and telephone number of the ferret's place of origin; and the certificate of animal health in accordance with R.I. Gen. Laws § 4-13-29,
3.Certification of current rabies vaccination as required for ferrets three months or older in accordance with the Rules and Regulations Governing the Prevention, Control and Suppression of Rabies within the State of Rhode Island, 250-RICR-40-05-2. The vaccination must be administered by a veterinarian license in the state of origin.
4.Certification of neuter or spay
5.A check in the amount of $10.00 made payable to RIDEM/Division of Fish and Wildlife, in accordance with R.I. Gen. Laws § 20-1-22 for each ferret to be permitted.
D.Ferrets must be kept under control at all times. Ferrets must be harnessed and leashed or caged when out-of-doors. The release of ferrets from captivity is strictly prohibited. No person shall use a ferret for hunting game of any kind.
E.Prior vaccination of any ferret may not preclude the necessity for euthanasia and testing as the period of virus shedding is unknown for ferrets at this time, in accordance with the "Compendium of Animal Rabies Control", incorporated above at § 6.5(A) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-29 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 10/29/2017*
#### **250-RICR-60-00-7** RI Falconry Regulations for the Season
##### **250-RICR-60-00-7 § 7.1** Purpose {#sec-250-ricr-60-00-7-7.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#7.1}
A.The purpose of these Rules and Regulations is to establish regulations for the practice of falconry in the State of Rhode Island
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
##### **250-RICR-60-00-7 § 7.2** Authority {#sec-250-ricr-60-00-7-7.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#7.2}
A.These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapters 42-17.1-2, “DEM”, 42-17.6, 42-35, Administrative Procedures Act, and R.I. Gen. Laws §§ 20-1-4; 20-1-12; and 20-1-13, as amended.
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
##### **250-RICR-60-00-7 § 7.3** Background {#sec-250-ricr-60-00-7-7.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#7.3}
A.Raptors are highly regulated species under various International, National, and State Agreements, Laws, and Regulations. In the United States, the U.S. Fish and Wildlife Service (the “Service”) has been delegated authority for the protection of raptors.
B.As raptors are used for the sport of “Falconry” the Service has exercised its obligation under the law, through strict regulations. A dual State/Federal permitting system has been in place since implementation of Federal regulations governing falconry in 1995.
C.Beginning January 1, 2014, the Service discontinued issuing permits for individuals to possess raptors in order to engage in “Falconry” but has continued to enforce its oversight and enforcement responsibilities through individual State falconry programs, provided the State programs have met Federal approval.
D.Consistent with the requirements of the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended, these Rules and Regulations have been reviewed and determined to meet or exceed the standards imposed by corresponding federal regulations.
E.These Regulations hereby adopt and incorporate [Rare Native Animals of Rhode Island(2006)] by Rhode Island Natural History Survey, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations.
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
##### **250-RICR-60-00-7 § 7.4** Application {#sec-250-ricr-60-00-7-7.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#7.4}
A.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.
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
##### **250-RICR-60-00-7 § 7.5** Severability {#sec-250-ricr-60-00-7-7.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#7.5}
A.If any provisions of these Rules and Regulations, or application thereof to any person or circumstances, are held invalid by a court of competent jurisdiction, the validity of the remainder of the Rules and Regulations shall not be affected thereby.
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
##### **250-RICR-60-00-7 § 7.6** Superseded Rules and Regulations {#sec-250-ricr-60-00-7-7.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#7.6}
A.On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of R.I. Gen. Laws §§ 20-1-4, 20-1-12, 20-1-13, and in accordance with R.I. Gen. Laws Chapter 42-35, the Administrative Procedures Act 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.
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
##### **250-RICR-60-00-7 § 7.7** Definitions {#sec-250-ricr-60-00-7-7.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#7.7}
A.“Anklet(s)” means the leather strap which goes around the bird’s leg. The jesses are attached to this. Sometimes also called a bracelet.
B.“Bal-chatri trap” means a hemispherical cage on which many nooses are tied and which is baited with a bird or mammal and placed in view of a wild raptor.
C.“Bow net trap” means a circular hoop hinged in the middle and covered with netting which is usually attached to the ground so one side can swing freely.
D.“Captive bred” means raptors (including eggs) raised in captivity and which are imprinted to humans.
E.“Department” means the Rhode Island Department of Environmental Management.
F.“Director” means the Director of the Rhode Island Department of Environmental Management, or his/her duly authorized agent or agents.
G.“Dho-gazza trap” means a square or rectangular net of various dimensions suspended vertically next to a bait.
H.“Eyas” means a young raptor not yet capable of flight.
I.“Falconer” means a person who engages in the sport of falconry.
J.“Falconry” means the sport of taking, or attempting to take wild quarry in its natural state and habitat by means of a trained raptor and includes all associated acts including, but not limited to the act(s) of capturing, transporting, training, housing, caring for and maintaining (a) raptor(s) held for falconry. It shall also include the secondary practice of using a raptor for conducting conservation and education programs for the general public.
K.“Falconry license” means issued by the Director, or the duly authorized agent of another State with a Federally-recognized falconry program, or the Federal Government, in recognition of an individual’s attainment of a “Class” of falconer, and therefore the privilege to take, possess, train, care for, maintain, and transport certain eagles, hawks, owls, and falcons, and hybrids thereof, for falconry purposes.
L.“Falconry capture permit” means a special Scientific Collector’s Permit for falconry capture (R.I. Gen. § Laws 20-1-18) issued by the Director to allow a licensed falconer to take certain hawks, owls, and falcons from the wild.
M.“Hacking” means the temporary release of a raptor held for falconry to the wild so that it must survive on its own.
N.“Harness trap” means a light leather or cloth saddle covered with nooses which is placed on tethered bait.
O.“Hood” means the leather head covering used on hawks and falcons.
P.“Hybrid” means any bird that results from a cross of genetic material between two (2) separate taxa when one (1) or both are included in the list of migratory birds in the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended, and any progeny of those birds.
Q.“Imping” means the process of grafting new feathers onto the wing or tail of a bird to repair damage or to increase flying capacity.
R.“Import” means to bring a raptor into the State and house for more than thirty (30) days per calendar year (need not be consecutive).
S.“Imprint” means a bird that is hand-raised in isolation from the sight of other raptors from two (2) weeks of age until it has fledged. An imprinted bird is considered to be so for its entire lifetime.
T.“Indigenous” means those species occurring naturally, either presently or historically within the boundaries of the State of Rhode Island.
U.“Jesses” means leather strips which go through the anklets so the falconer can hold the bird or attach the leash.
V.“Leash” means attaches the bird to the perch or falconer's glove.
W.“Lure” means a fake quarry used to train a bird.
X.“Mews and weathering facilities” means for housing raptors. Mews are indoor facilities; a weathering facility would be outdoors.
Y.“Pigeon harness” means a rig which fits snugly around a live bird allowing for complete freedom of movement including flight or total immobilization.
Z.“Possess/possession” means the exercise of dominion or control over a raptor starting when the decision is made not to immediately return the raptor to the immediate vicinity from which it was taken, and lasting up until the raptor’s ultimate disposition. The short-term handling, such as letting another hold or practice flying a raptor possessed by a licensed falconer is not considered “possession” if the falconer is present and the person is under the falconer’s supervision.
AA.“Raptor” means a live migratory bird of the order Falconiformes, Strigiformes, Accipitriformes, or listed in in the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended. This includes the Bald Eagle (Haliaeetus leucocephalus), the Golden Eagle (Aquila chrysaetos), and the Osprey (Pandion haliaetus).
BB.“Swedish goshawk trap” means a humane, predator-safe, stationary box trap.
CC.“State Endangered/State Threatened” means those species identified as State Endangered or State Threatened in the Rhode Island Natural History Survey’s Program’s list of “Rare Native Animals of Rhode Island (2006 edition).” incorporated above at § 7.3(E).
DD.“Take” means to trap or capture, or attempt to trap or capture.
EE.“Wild” means any raptor taken from the wild at any stage of its life. Once a raptor is taken from the wild it shall always be considered “wild” and treated accordingly.
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
##### **250-RICR-60-00-7 § 7.8** Violations {#sec-250-ricr-60-00-7-7.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#7.8}
A.Any violation pursuant to the provisions of R.I. Gen. Laws Title 20 or the Rules and Regulations herein may be cause for imposing penalties in accordance with the provisions of the above-mentioned statute, as well as revocation of an existing falconry license and/or permit. In addition, upon a determination that the licensee/permittee is or has been in violation of the requirements of the subject license/permit or that the applicant has submitted inaccurate information with respect to the application for such license/permit, the Director may deny, revoke, or suspend (an) existing license/permit(s) issued pursuant to these regulations.
B.Any wild, captive-bred, or hybrid raptor possessed in violation of the provisions of these or other state or federal regulations shall be considered contraband and shall be seized by the Department or federal law enforcement personnel. Any such animal that poses a threat to public safety may be confiscated by the Department or federal law enforcement agency. If any raptor that is confiscated cannot be safely confined, or if it is severely ill, debilitated or injured, it may be transferred to an authorized individual, or otherwise disposed of in accordance with the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended. The carcass or any part thereof may be held as evidence or discarded at the sole discretion of the Department. The Department shall hold the raptor or carcass until criminal and/or administrative proceedings have been completed. The person possessing any such confiscated raptor shall pay the costs of board, feed, veterinary care, and transport for any such confiscated raptor until such time as the criminal or administrative proceedings have been completed.
C.If the raptor is judged to be possessed in violation of any provisions of these regulations, the Department shall make reasonable attempt to find suitable placement of the raptor that meets the requirements of these regulations. If suitable placement is not found, the raptor may then be euthanized, or if suitable, released to the wild.
D.In cases in which one (1) or more licenses or permits are suspended or revoked, the Director may impose a period of probation and/or reinstate the licenses or permits with conditions.
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
##### **250-RICR-60-00-7 § 7.9** Appeal and Hearing Procedures {#sec-250-ricr-60-00-7-7.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#7.9}
7.9.1Opportunity for Hearing
A.Denials – Any person whose application for a falconry license/permit, or license/permit renewal, or other approval has been denied, revoked, or suspended by the Department, may appeal to the Office of Administrative Adjudication for review of the decision on which the denial, revocation, or suspension, is based.
B.Violations – Any person who has been issued a notice of violation of any of the provisions of these rules, may request a hearing from the Office of Administrative Adjudication, subject to the provisions of R.I. Gen. Laws § 42-17.1-2(u).
C.Hearings and Administrative Procedure – Pursuant to the authority granted to the Department in R.I. Gen. Laws § 42-17.7-9.
1.Any person who seeks an adjudicatory hearing in order to contest an enforcement action which alleges violation(s) of these Rules and Regulations must file said request in writing with the clerk of the Office of Administrative Adjudication, One Capitol Hill, Fourth Floor, Providence, Rhode Island, 02908 within twenty (20) days of receipt of the contested agency enforcement action.
2.Any person who seeks an adjudicatory hearing relative to the denial, revocation, or suspension of (a) license/permit(s) arising under these Rules and Regulations must file said request in writing with the clerk of the Office of Administrative Adjudication Division One Capitol Hill, Fourth Floor, Providence, Rhode Island, 02908 within thirty (30) calendar days of receipt of the contested agency action.
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
##### **250-RICR-60-00-7 § 7.10** Conformance with Federal Rules and Regulations {#sec-250-ricr-60-00-7-7.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#7.10}
A.Consistent with the requirements of the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended, these Rules and Regulations have been reviewed and determined to comply with governing federal regulations.
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
##### **250-RICR-60-00-7 § 7.11** Regulations {#sec-250-ricr-60-00-7-7.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#7.11}
A.Any person who wishes to engage in falconry in Rhode Island shall possess a valid falconery license (or equivalent) and/or permit issued by the Director of the Department of Environmental Management or his or her designee, the duly authorized agent of another State with a Federally-recognized falconry program, or the Federal Government.
B.All Falconers must also comply with the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended.
C.Additional State/Federal regulations, separate and apart from these, may apply for other purposes involving raptors including, but not limited to, importation, propagation, commercial abatement, environmental education, and for State/Federally permitted/certified Rehabilitators, Zoos, and Research Facilities.
D.The general public rarely has the opportunity to see raptors in close proximity, if at all. Falconers can serve a role in educating the public about raptor biology, ecological roles, and conservation needs of raptors as well as other migratory birds. Therefore, the conservation education use of raptors primarily kept for falconry purposes is warranted.
E.A falconer who possesses raptors before the enactment of these regulations in excess of the number allowed under his or her license class shall be allowed to retain the extra raptors. All such birds shall be identified with markers issued by the U.S. Fish and Wildlife Service through the Department and no replacement can occur, nor may an additional raptor be obtained, until the number in possession is at least one (1) less than the total number authorized by the class of license held by the licensee.
7.11.1General
A.With a valid falconry license the licensee may "take" (with a falconry capture permit), possess and transport raptors for purposes which he or she is licensed and permitted, such as for hunting or training, when obtaining veterinary care for the raptor, when transferring the raptor to another qualifying recipient, when transporting the raptor(s) to or from field meets, to or from environmental education programs, or transporting them to the mews or weathering facility after being taken from the wild.
B.In addition to a valid falconry license, a Department issued falconry capture permit is required before a licensed Falconer, resident or non-resident, attempts to take a raptor in Rhode Island.
C.When flying the raptor afield during an established hunting season, a valid Rhode Island hunting license, resident or non-resident as appropriate, and any season/quarry specific tag(s)/permit(s) is required.
D.Falconers must have in their possession all required licenses and permits or copies thereof when engaged in falconry activities.
E.A person who holds a valid falconery license may fly his or her raptor(s) over private lands in Rhode Island outside established hunting seasons without need for additional permits, if the flight is for training, or is part of an established field meet or a conservation education program.
F.Imported raptors are subject to the Department’s Rules and Regulations Governing the Importation and Possession of Wild Animals (Part 40-05-3 of this Title).
G.Licenses/permits issued by other States, Tribes, or Territories to non-resident falconers who become residents of the State of Rhode Island, will only be valid in Rhode Island for a period of sixty (60) days following the date the licensee becomes domiciled here.
H.A new resident of Rhode Island may immediately apply for a Rhode Island Falconery license for the class of license he or she previously held, but before the license will be issued the applicant must first demonstrate that he or she is in compliance with the Rules and Regulations applicable to RI resident Falconers.
I.A falconer whose license has lapsed for not more than five (5) years may apply to be reissued a license of the class they previously held, provided they comply with all the other requirements for that license class within these regulations.
J.Costs for the care, treatment and rehabilitation of a wild raptor injured during an attempted “take” by a falconer, or due to the seizure of the raptor by the Director, shall be the responsibility of the falconer.
K.All documentation required shall be submitted on forms, and in a manner and format specified by the Director.
L.All Apprentice Falconers must complete the Apprenticeship Training Program before applying for a General falconer’s class of license.
7.11.2Apprenticeship Training Program
A.The goal of this program shall be:
1.For the Apprentice to learn about the husbandry, care, and training of raptors possessed for falconry through hands-on experience.
2For the Apprentice to learn about relevant wildlife laws and regulations, and;
3To prepare the Apprentice for the ethical and responsible use of a wild species for a human use.
B.Requirements:
1.The apprentice shall be a Rhode Island resident.
2.The apprenticeship program shall require the apprentice to safely capture, house, maintain, train, and actively pursue and capture quarry with his or her raptor.
3.An Apprentice shall be required to maintain a detailed logbook and record:
a.The amount of food consumed by his or her raptor,
b.The weight of his or her raptor, each time it is taken,
c.General information related to the raptor’s health and wellbeing.
4.An Apprentice must be able to make a lure, jesses, a leash, anklet, and a pigeon harness.
5.Before applying to upgrade to a General falconer class of license, the Apprentice falconer must hunt with his or her raptor no less than ten (10) times a season, and for a minimum of two (2) seasons; longer if, in the opinion of the sponsor, the Apprentice needs additional experience.
6.The raptor flown by the Apprentice must take quarry. Quarry taken shall be reported on the Rhode Island Falconer’s Annual Activity Report.
C.An Apprentice whose sponsor terminates their sponsorship role, will be required to find a new sponsor within sixty (60) days, or transfer his or her raptor as directed by the Director.
D.At any time, an Apprentice may submit a written request to the Director for a change of sponsor. The request shall describe the reasons or circumstances for the request and the name and address of the new sponsor. Upon authorization from the Director, the Apprentice may continue falconry activities with the new sponsor.
E.An Apprentice applicant must read and agree to the provisions outlined in the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended.
7.11.3Apprentice Sponsorship Requirements
A.Any person who would like to sponsor an Apprentice class falconer shall certify to the Director in writing that:
1.They possesses a valid falconry license as a Master class falconer, or if a General class falconer, that they have held for a minimum of three (3) years.
2.He or she has not been convicted of violating any Federal or State Fish or Game Wildlife laws, within the preceding five (5) years.
B.The sponsor shall:
1.Act as a source of information and advice to the Apprentice.
2.Annually, provide a minimum of twenty (20) hours of direct supervision, including at least five (5) hunts.
3.Oversee the care, maintenance, and training of the Apprentice’s raptor.
4.Reside within one hundred (100) miles of the Apprentice.
C.The sponsor must notify the Director in writing within ten (10) days of termination of the sponsorship, with an explanation of the reasons why.
7.11.4Housing and Equipment Standards
A.All applicants for a Rhode Island falconery license must first possess the following before a license will be issued:
1.Housing - The primary consideration for raptor housing facilities is protection from the environment, predators, domestic animals, and undue disturbance.
a.For housing raptors indoors or outdoors the facility must have a suitable perch for each raptor, at least one (1) opening for sunlight, and must provide a healthy environment for the raptors inside.
b.You may house untethered raptors together if they are compatible with each other.
c.Each raptor must have an area large enough to allow it to fly if it is untethered or, if tethered, to fully extend its wings or bate (attempt to fly while tethered) without damaging its feathers or contacting other raptors.
d.Each raptor must have a pan of clean water available.
e.Facilities shall be large enough to allow easy access for caring for the raptor. If more than one (1) raptor is to be kept in the mews, the raptors shall be tethered or separated by partitions. There shall be at least one (1) window, protected on the inside by vertical bars, spaced narrower than the width of the head of the smallest bird to be housed, and a secure escape proof door that can be easily closed. The floor of the mews shall permit easy cleaning and shall be well drained. Perch/perches shall be provided.
f.Outdoor facilities must be totally enclosed and may be made of heavy-gauge wire, slats, pipe, wood, or other suitable material. The facility must be covered with netting or wire, or other roofing material, and must protect the birds from disturbance and attack by predators. The enclosed area shall be large enough to ensure the birds cannot strike the fence when flying from the perch. Protection from excessive sun, wind, and inclement weather shall be provided for each bird.
g.Hybrid mews/weathering facilities that substantially address the intent of the standard of care described above may be acceptable.
h.Significant changes to previously inspected facilities must be reported to the Director when they are completed and may be subject to inspection.
i.You may keep falconry raptors outdoors in the open if they are under watch, such as by a licensed falconer at any location or by a designated individual at falconry meet.
j.Facilities shall be kept at or above the preceding standards at all times.
2.Equipment:
a.Jesses - At least one (1) pair of Alymeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional 1-piece jesses may be used on raptors when not being flown. Slitless hunting jesses, or no jesses, are recommended for use on all raptors being flown free.
b.A supply of leather and grommets along with grommet setters, a leather punch and cutting tools.
c.Bells appropriate for the raptor.
d.Leashes and swivels – At least one (1) flexible, weather-resistant leash and strong swivel of acceptable falconry design.
e.Bath container – At least one (1) suitable container; two to six inches (2” to 6”) deep and wider than the length of the raptor for drinking and bathing for each raptor.
f.Outdoor perches – At least one (1) weathering area perch of an acceptable design shall be provided for each raptor.
g.Weighing device – A reliable scale or balance suitable for weighing the raptor(s) held, and graduated to increments of not more than one half (1/2) ounce (14 grams) and containing either a solid perch or artificial turf covering.
h.Leather glove or gauntlet – at least one (1) of suitable size.
i.Hood – suitable for the species to be possessed.
j.Lure
3.Enclosure for Transportation – At all times a raptor shall be transported in a manner which protects it. Other than when transporting a raptor directly from when it was taken to the falconer's mews, an enclosure that provides protection from extreme temperatures and excessive disturbance, and is equipped with one (1) perch is required. The enclosure shall be at least three inches (3”) taller than the height of the raptor while perched, shall allow for easy entry and removal to minimize stress, and shall have adequate ventilation.
7.11.5Conservation Education
A.Raptors used for educational purposes must be kept primarily for hunting; they may not be held under a falconry license if they are to be used primarily for conservation education purposes.
B.An Apprentice falconer may present conservation education programs and use a raptor he or she possesses if he or she is under the direct supervision of a General or Master Falconer when presenting the program.
C.At no time shall raptors used in such programs come into physical contact with members of the audience or the general public.
D.The programs must be open to the public.
E.A falconer may not charge a fee greater than the reasonable costs incurred to present the program.
7.11.6Propagation/Sales
A.A General class falconer with three (3) years' experience or a Master class falconer may use suitable raptors he or she possesses in an approved raptor propagation program. The raptors do not need to be transferred from the falconer's falconry license if they are used in propagation for less than six (6) months per year.
B.The Falconer must also possess a Federal Raptor Propagation Permit.
C.Falconers who breed raptors must comply with R.I. Gen. Laws Chapter § 20-17, and within the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended.
D.A falconer may transfer a raptor taken from the wild under a falconry permit to a propagation program only after the raptor has been used in falconry for at least two (2) years.
E.Live offspring of captive-bred raptors shall be allowed to be sold for retail in accordance with R.I. Gen. Laws Chapter 20-17.
F.Accurate records of breeding and sales records shall be maintained and reported to the Director, and to the USFWS annually at the same time that other Falconry reports are due.
G.You may not purchase, sell, trade, or barter wild raptors; they may only be transferred to an authorized person.
7.11.7Rehabilitation
A.A General class falconer with at least three (3) years' experience, or a Master class falconer, may assist Federal and State-permitted migratory bird rehabilitators in conditioning raptors for permanent release to the wild. A falconer may work with a rehabilitator without being a sub-permittee of the rehabilitator. The rehabilitator must provide a signed letter of support that identifies the falconer and the bird, and describes the duties of the falconer in assisting in its rehabilitation; this letter must be submitted by the falconer to the Director before the raptor is received.
B.Raptors held under this Section do not count towards the falconer’s possession limit. Under this Section a falconer is still limited to the species of raptors he or she is allowed to possess under his or her license class.
C.Raptors kept under this Section may be held up to one hundred eighty (180) days, after which they must be released to the wild. A raptor not capable of surviving in the wild may be transferred to a person authorized and able to possess it, or it may be turned over to the Director.
D.A falconer who assists a permitted Rehabilitator in rehabilitating raptors shall annually report to the Director a description of the treatment, care, and disposition of all birds maintained during the reporting period.
7.11.8Marking/Banding
A.Hybrid raptors shall be marked/banded/radio tagged in accordance with the appropriate provisions of in the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended.
B.A captive-bred raptor must be marked with a seamless band in accordance with the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended unless it is exempted by the Fish and Wildlife Service.
C.A Falconer who takes a goshawk (Accipiter gentilis), gyrfalcon (Falco rusticolus), peregrine falcon (falco peregrinus) or Harris’s hawk (Parabuteo unicintus) from the wild must band it with a Federal black cable tie band obtained from the State.
7.11.9Release of Raptors to the Wild
A.If a raptor to be released has been previously banded or marked with a non-Federal band, any marker attached shall be removed and surrendered to the Department and if banding is required by Federal law, a standard Federal bird band shall be attached to the raptor by a State or Federally authorized bird bander. All other bands (including Federal cable tie raptor bands) and equipment must be removed except that a seamless leg band affixed to a captive bred raptor must not be removed.
B.Only native species of wild raptors may be released to the wild, and only after being appropriately hacked.
C.Raptors may only be released to the wild at an appropriate location and at an appropriate time of year.
D.The permanent release of hybrid or captive-bred raptors to the wild is prohibited.
7.11.10Inspections
A.All applicants for a license must allow an on-site inspection by State and/or Federal Wildlife personnel of the facilities and equipment where the raptor(s) will be housed. The on-site inspection requirements may be waived for an applicant whose raptor(s) is/are not housed in Rhode Island but the applicant must provide a valid license allowing the raptor(s) to be housed in the other State, or a signed affidavit from the applicant stating that no such requirement exists.
B.Any person holding a falconry license/permit shall allow Department employees to enter his or her premises with prior notice at any reasonable hour, and in the presence of the licensee/permittee, to inspect mews or other raptor housing facilities and raptors possessed by the licensee/permittee, or to inspect, audit, or copy any license/permit, book, or record(s) required to be kept by these or Federal regulations pertaining to falconry.
C.This rule shall not preclude inspection of facilities without notice for suspected violations.
D.Re-inspection of facilities may be required of facilities of a falconer whose license has lapsed for more than two (2) years.
7.11.11Reporting Requirements
A.Licensed falconers shall maintain complete and accurate records by species, sex and age of all raptors taken, acquired, possessed, transferred, lost, or otherwise disposed of in accordance with these regulations.
B.Unless otherwise specified, all required reports shall be submitted to the Department. Reports may be submitted directly to the USFWS through an electronic reporting system, provided the Department is notified within twenty-four (24) hours of the submission, and supplied with a copy of the report.
C.Within ten (10) calendar days of capturing or obtaining a raptor for falconry, a licensed falconer must report the acquisition of the raptor and the band number by entering the required information in the electronic reporting system and to the Department.
D.A licensee must report the sale, barter, transfer, or other disposition of any raptor they possessed within five (5) calendar days of any such activity.
E.Any falconer who loses a raptor through death, destruction, or escape must report these activities within five (5) calendar days of any such activity.
F.All Rhode Island licensed falconers shall submit on or before March 31st of each year, a Rhode Island Annual Falconry Activity report to the Department of Environmental Management’s Division of Fish and Wildlife containing the following information:
1.A list of all raptors that are in their possession as of December 31st, by species, marker numbers, sex (if known), age (if known), and date and where or from whom acquired, or transferred, sold, or given to, and whether escaped, died, or had been released; and when the escape, death, or release occurred.
2.A list of all raptors possessed since the previous annual report, but no longer possessed, by species, marker number, sex (if known), age (if known), and date and where or from whom acquired or transferred, sold, or given to, whether escaped, died, or released, and when the event occurred.
G.All reports and forms must be retained by the falconer and be readily available for inspection, for a period of five (5) years after the license expires.
7.11.12Falconer License Classes
A.There shall be three (3) classes of falconer recognized and licensed in Rhode Island: Apprentice, General, and Master.
1.Apprentice Class Licensee:
a.Shall be fifteen (15) years of age or older. Minors require written consent (as evidenced by the co-signature on the application) of a parent or guardian.
b.Shall be required to complete an apprenticeship program supervised by a licensed General or Master class falconer before applying to become a General falconer.
c.A minor must provide his or her sponsor a release from liability signed by the minor’s parent or legal guardian.
d.May only possess those raptor species and numbers as are allowed in § 7.11.14 of this Part.
e.May not fly or hunt his or her raptor alone until authorized to do so in writing by the sponsor.
f.May not apply for an upgrade to a General Falconer class of license for a minimum of two (2) years since obtaining his or her Apprentice license.
2.General Class License:
a.Shall be eighteen (18) years of age or older; and shall have at least two (2) years' experience in the practice of falconry at the apprentice level or its equivalent.
b.May only possess those raptor species and numbers as are allowed in § 7.11.14 of this Part.
c.May sponsor no more than two (2) Apprentices no sooner than after three (3) years' experience as a General class falconer.
d.May not apply for an upgrade to a Master class license for a minimum of five (5) years since obtaining his or her General license.
e.May not apply for an upgrade to a Master class falconry license until they have met the requirements in § 7.11.17 of this Part.
3.Master Class License:
a.Shall be twenty-three (23) years of age or older and have at least five (5) years' experience in the practice of falconry at the General class level, or its equivalent.
b.May only possess those raptor species and numbers as are allowed in § 7.11.14 of this Part.
c.May possess an unlimited number of captive bred raptors. However, the falconer must train and use them to hunt wild game.
d.May substitute hybrid raptors for wild raptors.
e.May sponsor no more than three (3) licensed apprentices.
f.May accept the temporary transfer of a wild or hybrid raptor even if such transfer raises the number of raptors possessed to more than five (5) excluding captive bred raptors.
7.11.13Special Scientific Collector’s Permits Required
A.A State of Rhode Island falconry capture permit is required for the following acts associated with the use of raptors:
1.A falconry capture permit is required prior to the take of a raptor from the wild, except in the case of recovering a lost falconry raptor.
B.A USFWS Raptor Propagation Permit is required for a Falconer to engage in raptor propagation. Falconers that breed raptors, must also comply with R.I. Gen. Laws Chapter 20-17, in the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended, and must submit copies of annual reports of activities to the Department at the same time that Federal reports are required.
7.11.14Allowable Take and Possession
A.Apprentice
1.Possession Limit: one (1).
2.Species: red-tailed hawk (Buteo jamaicensis).
3.Source: Wild caught.
4.Take from the wild: Up to two (2) annually, one being a replacement.
B.General
1.Possession Limit: three (3).
2.Species: Strigiformes, Accipitriformes, and Falconiformes, except bald (Haliaeetus leucocephalus), white-tailed (Haliaeetus albicilla), and golden eagles (Aquila chrysaetos); Steller’s sea-eagle (Haliaeetus pelagicus); American swallow-tailed kite (Elanoides forficatus); Swainson’s (Buteo swainsoni) and ferruginous hawks (Buteo regalis); prairie (Falco mexicanus) and peregrine falcons; northern harrier (Circus hudsonius); and flammulated (Psiloscops flammeolus), burrowing (Athene cunicularia), or short eared owls (Asio flammeus).
3.Source: wild, hybrid, or captive-bred.
4.Take from the wild: Up to two (2) annually.
C.Master
1.Possession Limit: five (5) wild raptors, three (3) of which may be golden eagles. Hybrids may be substituted for wild raptors. Unlimited captive-bred raptors (excluding eagles) if used for falconry.
2.Species: Strigiformes, Accipitriformes, and Falconiformes, except bald eagles. Golden eagles, white-tailed eagles, or Steller’s sea-eagles may be possessed if the requirements of in the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended are met.
3.Source: wild, hybrid, or captive-bred.
4.Take from the wild: Up to two (2) annually.
7.11.15Take or Possession Restrictions
A.No raptor may be acquired in any manner unless the person acquiring the raptor is properly licensed in accordance with state and federal laws and regulations.
B.No licensee may take any species listed as endangered in the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended, but may transport or possess such species in accordance with the provisions of the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended.
C.No licensee may take from Rhode Island, any raptor identified as “State Endangered” in the Rhode Island Natural Heritage Program’s list of “Rare Native Animals of Rhode Island”, except that, as allotted by the Atlantic Flyway Council, peregrine falcons may be taken in accordance with the Departments distribution of the allocated take.
D.An authorized resident falconer is limited to take of one (1) raptor per year identified as “State Threatened” in the Rhode Island Natural Heritage Program’s list of “Rare Native Animals of Rhode Island” except that, as allotted by the Atlantic Flyway Council, peregrine falcons may be taken in accordance with the Departments distribution of the allocated take.
E.The taking by non-resident falconers of raptors identified as “State Threatened” in the Rhode Island Natural Heritage Program’s list of “Rare Native Animals of Rhode Island” is prohibited, except that, as allotted by the Atlantic Flyway Council, peregrine falcons may be taken in accordance with the Departments distribution of the allocated take.
F.The taking or possession of osprey (Pandion haliaetus) is prohibited.
G.No eggs may be taken from nests.
H.First year (passage) Falconiformes or Accipitriformes may be taken from the wild only during the time period August 11th through February 28th.
I.Passage Strigiformes may be taken from the wild only during the period of January 24th through April 11th.
J.Eyas Falconiformes, Accipitriformes, and Strigiformes:
1.May only be taken by a resident General class falconer with at least one (1) year’s experience, or by a Master class falconer.
2.Only one (1) eyas may be taken from a nest, and at least one (1) eyas must remain in the nest after the take.
3.Time period: April 1st through August 1st.
4.Only one (1) eyas may be taken by a falconer each year.
K.A “lost” or “escaped” raptor is defined as one which is no longer under the control of the falconer, and which is wearing falconry leashes, jesses, bells, or a transmitter. A lost or escaped raptor may be re-taken at any time without the need for a falconry capture permit, even if it was not originally possessed by the capturing falconer. If the raptor was not originally possessed by the falconer, it does not count towards the falconer’s possession limit. A recaptured raptor shall be returned to its owner within one hundred eighty (180) days. If the owner cannot be found or does not want the recaptured raptor, it may be transferred to the falconer’s license. If that would violate the number of raptors the falconer is allowed to possess then the falconer must either transfer a previously possessed raptor or transfer the recaptured raptor to his or her permit. The re-taken falcon may be transferred to a person authorized and able to possess it. If none of these options are possible, the raptor may be turned over to the Director. A re-taken indigenous species of raptor may be released to the wild if, in the falconer’s opinion, the raptor is capable of surviving on its own, and then only after the removal of all manmade objects except that a seamless leg band affixed to a captive bred raptor must not be removed.
L.Licensees may use only humane, predator-proof traps of a design and material which will not harm the raptor being trapped; such as the bal-chatri, harness, bow net, Dho-gazza, and Swedish goshawk trap.
M.The Department does not consider short-term handling of a falconry raptor, such as letting any other person hold or practice flying a raptor possessed by a licensed falconer, to be “possession” if you are present and the person is under direct supervision.
7.11.16Other Restrictions and Requirements
A.Licenses and permits are subject to all Rules and Regulations pertaining to hunting seasons, bag limits, and hours, except as may otherwise be provided by these regulations.
B.Any protected or out of season wildlife accidentally killed by a trained raptor shall not be retained or possessed by the licensee, but the raptor may feed upon the quarry before leaving the site of the kill.
C.The holder of a valid State falconry license issued by another State which meets Federal falconry standards listed in the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended may practice falconry in Rhode Island for up to thirty (30) consecutive days each calendar year without the need for a falconry license issued by the RIDEM Division of Fish and Wildlife. However, all other provisions of these regulations apply, including but not limited to hunting licenses, tags, permits, and stamps in addition to those regulations found in the Rules and Regulations Governing Importation and Possession of Wildlife Animals, Part 40-05-3 of this Title.
D.A raptor possessed under authority of a falconry license may be temporarily possessed for up to one hundred twenty (120) consecutive days by a person other than the licensed falconer only if the recipient is otherwise authorized to possess said species of raptor, and only if the raptor is accompanied at all times by the properly completed Form 3-186A (Migratory Bird Acquisition/Disposition Report) showing they are the possessor of record, and by a statement signed and dated by both parties, authorizing/acknowledging the temporary transfer. The statement must include information about the time period for which he or she will keep the raptor(s) and about what he or she is allowed to do with the raptor(s).
E.The temporary care and custody of raptors forup to forty-five (45) consecutive days by a non-authorized person must be in accordance with the regulations set forth in the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended.
F.The Department shall be notified of any permanent change in the location where the raptors are kept within ten (10) days of the change. Permanent changes to locations outside the State will require prior written consent from the Department.
G.Feathers that are molted or those feathers from birds held in captivity that die, may be retained and exchanged by falconers only for imping purposes.
H.The barter, sale, or purchase of wild raptors is prohibited.
I.The use of raptors, including captive bred and hybrids, for commercial purposes, including but not limited to entertainment, advertisements, promotion or endorsements of any goods, services, products, meetings or fairs, or as a representation of any business, company, corporation, or other organization, is strictly prohibited.
J.The disposition of carcasses of raptors that die while in your possession must comply with the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended.
7.11.17License Categories and Examinations
A.Each person requesting a State of Rhode Island falconry license must submit the appropriate application and all other required documentation to the Director with the required fee. Incomplete applications will not be processed.
B.License Categories
1.New - Applies to Apprentice falconers and other classes of falconers who:
a.Have never held a Rhode Island issued falconry license, or
b.Those whose Rhode Island license has lapsed for more than five (5) years since the date he or she submits his/her completed application, or
c.For falconer's whose Rhode Island license was revoked or suspended for more than five (5) years.
2.For an Apprentice license, with their application the applicant must include the Sponsor Commitment Form from a potential sponsor stating the sponsor’s commitment to tutor the applicant in the sport of falconry for the duration of the applicant’s apprenticeship. The sponsor shall be the holder of a General or Master class falconery license, and is required to maintain said license for the duration of the applicant’s apprenticeship.
3.Renewal - Applies to falconers who have possessed a Rhode Island falconry license within five (5) years of the date they submit a completed application.
4.Upgrade - Applies to falconers who have fulfilled the requirements for the class of falconer they are currently licensed for and who wish to be granted the privileges of the next higher class.
a.In addition to the falconry license or Permit application, an Apprentice falconer applying for an upgrade to General class falconer must also submit the Apprenticeship Program Completion Affirmation form signed by his or her sponsor, attesting to the Apprentice’s satisfactory completion of the requirements of the Apprentice Training Program.
C.Examinations:
1.All persons required to take a written examination must pass the examination with a score of at least eighty percent (80%). Failure to pass any examination will render the applicant ineligible to retake the examination for a period of ninety (90) days from the date of the previous examination. A passing grade on this exam will be valid for two (2) years if the person does not apply for an Apprentice license within that timeframe.
2.A person applying for a new Apprentice class license shall be required to take a written examination administered by the Department, relating to basic biology, care and handling of raptors, ethics, and State and Federal laws and regulations relating to falconry.
3.A previously licensed falconer who has not been in possession of a valid falconry license within five (5) years of the date of their completed application must retake and pass all examinations required to attain the license class for which he or she has applied.
4.A person who, within five (5) years of the date of application for a Rhode Island Falconry license, has successfully passed a federally approved Falconry examination from another state, tribe, or territory, does not need to take the Rhode Island falconry exam, but he or she must comply with all other applicable provisions of these regulations.
5.An examination is not required for a falconer who is renewing his or her license except that a person whose license has been suspended or revoked may, at the Director’s discretion, be required to pass all examinations as is required to attain the license class for which he or she has applied regardless of the length of license suspension/revocation. A license renewal will only be issued:
a.If all other requirements of the license are met.
b.If no violation(s) of the previous license has (have) occurred.
c.If a change in license classification is not requested.
d.If all reports have been submitted.
D.Examination and Licensing Procedures:
1.Upon receipt of a properly executed license application, and all other necessary documentation, the Director will advise the applicant of the date, time and location of any required examination(s).
2.An applicant for a General class falconry license shall take a written, and practical examination administered by the Department and assisted by a three (3) person Falconry Examination Panel comprised of at least one (1) Master falconer, a General falconer, and a representative of the Director. An Apprentice’s sponsor may not be a member of the Falconry Examination Panel evaluating the Apprentice.
3.A first-time applicant for a Master class falconry license shall first take a practical examination administered by the Department and assisted by at least one (1) Master falconer and at least one (1) representative of the RIDEM Division of Fish and Wildlife. The practical examination must demonstrate the applicant’s ability to maintain and hunt with those species allotted by this Section, at the discretion of the Department, but must at minimum demonstrate a working knowledge and skills required to hunt with both hawks and falcons.
4.The Falconry Examination Panel shall:
a.In conjunction with the Department, develop the standards of field performance required for eligibility for the General and Master class licenses.
b.Assist the Department in the administration of any examination(s).
c.Notify the Department in writing of their recommendation of approval or denial of the applicant’s license request, and the reasons for their recommendation.
5.The upgrade from Apprentice class to General class, or General class to Master class, shall not be unnecessarily delayed if the panel cannot be convened.
6.If the Applicant will possess a raptor, and the applicant’s facilities have yet to be inspected and approved, the Department will arrange for an on-site inspection.
7.The Department shall review the results of the examinations by the Falconry Examination Panel, and the qualifications and experience of the applicant before deciding whether or not to issue the license.
8.The Department may refuse to issue a falconry license or permit when:
a.It is determined that the license should not be issued because of past conviction(s) of State or Federal Fish and Wildlife laws.
b.The applicant, upon inspection by State or Federal wildlife personnel, has failed to meet or maintain the standards established for raptor housing facilities and equipment.
c.The applicant has failed to meet qualifications or standards for license classes set forth in these regulations.
9.The Department may restrict the otherwise allowable take of raptors when the authorization requested could threaten or have significant effect on a wild population of raptors or their prey.
10.No person shall be issued a license/permit if he or she has been convicted of violating the falconry laws and regulations of any state or the federal government within the five (5) years preceding the date upon which a license application is received by the Department.
11.A falconer whose license has expired or has been revoked shall, at the Director’s discretion, be required to either release his or her wild caught raptor(s) to the wild or transfer them to an authorized person. Hybrid and captive-bred raptors shall be similarly transferred to an authorized person, or if no such person can be found, may be disposed of in accordance with the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703-712, as amended.
E.License and Permit Duration:
1.Falconer License– New, upgrade, and renewals are valid for a period up to three (3) years following date of issuance, expiring on the 30th of June.
2.Falconry capture permit – as described on the permit, but for no more than one (1) year.
F.Revocations and Reinstatement of License and Permits:
1.License or permits may be suspended/revoked if the falconer:
a.Is not in compliance with these regulations,
b.Has been convicted of one (1) or more violations of fish and wildlife laws,
c.Does not provide proper care of his or her raptors,
d.Allows the raptors to become a public nuisance,
e.Uses his or her raptors for un-permitted activities
2.Any person whose license or permit, or license or permit renewal, or other approval has been denied, revoked, or suspended by the Department, may appeal to the Office of Administrative Adjudication for review of the decision on which the denial, revocation, or suspension, is based.
7.11.18Provisional Licenses and Permits
A.The Director may choose to issue a “provisional” license/permit when:
1.The Falconry Examination Panel has yet to convene.
2.The falconer has not been actively practicing falconry for a period of five (5) years or more.
3.The applicant is licensed in another state or foreign country and temporarily wants to practice falconry in Rhode Island.
4.A previously revoked license/permit is reinstated.
5.Information about a falconry license or permit applicant experience cannot be readily verified.
B.The Director may choose to restrict the holder of a provisional license or permit beyond the limitations imposed upon the Falconer’s license class as allowed herein.
7.11.19Fees
License New/Upgrade
no charge
License Renewal
no charge
Examination -
no charge
Facilities Inspection
no charge
Resident falconry capture permit
Twenty-five dollars ($25.00)
Non-Resident falconry capture permit
Twenty-five dollars ($25.00)
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
##### **250-RICR-60-00-7** RI Falconry Regulations for the Season {#sec-250-ricr-60-00-7- omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-7#}
**History**
- *Amendment — effective from 2024-08-08 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/08/2024*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *Amendment — effective from 2020-07-31 to 07/31/2021*
- *Amendment — effective from 2019-07-31 to 07/31/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2016-10-30 to 07/31/2017*
- *Adoption — effective from 2015-10-01 to 10/30/2016*
- *Adoption — effective from 2014-10-01 to 10/01/2015*
- *Adoption — effective from 2013-10-03 to 10/01/2014*
- *Adoption — effective from 2012-10-15 to 10/03/2013*
- *Adoption — effective from 2011-10-06 to 10/15/2012*
- *Adoption — effective from 2010-10-06 to 10/06/2011*
- *Adoption — effective from 2009-10-06 to 10/06/2010*
- *Adoption — effective from 2008-10-08 to 10/06/2009*
- *Adoption — effective from 2007-09-26 to 10/08/2008*
- *Technical Revision — effective from 2006-10-04 to 09/26/2007*
- *Adoption — effective from 2006-10-04 to 10/04/2006*
- *Adoption — effective from 2005-10-06 to 10/04/2006*
- *Adoption — effective from 2004-10-07 to 10/06/2005*
- *Adoption — effective from 2003-09-25 to 10/07/2004*
- *Adoption — effective from 2002-10-09 to 09/25/2003*
- *Periodic Refile — effective from 2001-12-31 to 10/09/2002*
#### **250-RICR-60-00-8** RI Boating Infrastructure Grant Program Rules and Regulations
##### **250-RICR-60-00-8 § 8.1** Purpose {#sec-250-ricr-60-00-8-8.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-8#8.1}
The purpose of these Rules and Regulations is to establish both the procedures whereby applications for reimbursement for improvements in boating infrastructure may be submitted to the Division of Fish and Wildlife, and the standards under which such applications may be considered in order to determine which applications should be awarded partial reimbursement from funds made available to the State of Rhode Island from the Federal government pursuant to the National Boating Infrastructure Grant Program 50 C.F.R. § 86 (2017).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-60-00-8 § 8.2** Authority {#sec-250-ricr-60-00-8-8.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-8#8.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, and in accordance with the R.I. Gen. Laws Chapter 42-35, the Administrative Procedures Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-60-00-8 § 8.3** Administrative Findings {#sec-250-ricr-60-00-8-8.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-8#8.3}
In order to properly implement an established federal program to provide funding assistance for the boating infrastructure program, the Division of Fish and Wildlife is required to adopt these Rules and Regulations to establish the procedures whereby applications for reimbursement for improvements in boating infrastructure may be submitted to the Division of Fish and Wildlife, and the standards under which such applications may be considered.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-60-00-8 § 8.4** Application {#sec-250-ricr-60-00-8-8.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-8#8.4}
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Division to effectuate the purposes of state law, and the goals, and policies of the National Boating Infrastructure Grant Program 50 C.F.R. § 86 (2017).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-60-00-8 § 8.5** Incorporated Materials {#sec-250-ricr-60-00-8-8.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-8#8.5}
These regulations hereby adopt and incorporate 50 C.F.R § 86 (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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-60-00-8 § 8.6** Definitions of Terms {#sec-250-ricr-60-00-8-8.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-8#8.6}
A.In addition to those definitions set forth in 50 C.F.R. § 86.12, the following definition shall be adopted for terms employed in these Rules and Regulations:
1."Department" means the Department of Environmental Management.
2."Director" means the Director of the Department of Environmental Management.
3."Division" means the Division of Fish and Wildlife of the Department of Environmental Management.
4."Tier I projects" means at 50 C.F.R. § 86.53(d)(1).
5."Tier II projects" means at 50 C.F.R. § 86.53(d)(2).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-60-00-8 § 8.7** Severability {#sec-250-ricr-60-00-8-8.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-8#8.7}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-60-00-8 § 8.8** Regulations {#sec-250-ricr-60-00-8-8.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-8#8.8}
A.Proposals for Reimbursement
1.The Department of Environmental Management Division of Fish and Wildlife incorporates by reference and hereby adopts the regulations published in the Federal Register on January 18, 2001 and promulgated by the United States Department of Interior in order to establish the National Boating Infrastructure Grant Program, 50 C.F.R. § 86 (2017).
B.Standards for Consideration of Proposal
1.The standards for the Department’s consideration and ranking of applications for the awarding of reimbursement grants for Tier I projects shall be those standards and rankings which were adopted by the Department of Interior Fish and Wildlife Service for consideration and ranking of Tier II projects pursuant to 50 C.F.R. § 86.60.
C.Compliance Obligations
1.In order to be issued a reimbursement grant, an applicant is required to execute a copy of the “Rhode Island Boating Infrastructure Grant Program Grant Award Agreement."
D.Appeals Process
1.Applicants for grant reimbursement and respondents who may be the object of enforcement actions by the Division who alleged noncompliance with the Rhode Island Boating Infrastructure Grant Program Grant Award Agreement, may request a hearing before the Department’s Administrative Adjudication Division if such request is filed with the Administrative Adjudication Division within the time period provided pursuant to R.I. Gen. Laws § 42-17.7-9.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
#### **250-RICR-60-00-9** Hunting and Trapping Regulations
##### **250-RICR-60-00-9 § 9.1** Purpose {#sec-250-ricr-60-00-9-9.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.1}
A.The purpose of these Rules and Regulations is to establish hunting and trapping seasons; to set the possession and bag limits; and to regulate the manner of hunting and trapping in order to efficiently manage the wildlife resources of Rhode Island.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.2** Authority {#sec-250-ricr-60-00-9-9.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.2}
A.These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapters 42-17.1; 20-15 and 20-18, R.I. Gen. Laws §§ 20-1-2; 20-1-4; 20-1-8; 20-1-12; 20-1-13; 20-2-35, 20-2-37 and 1-8-1, and in accordance with R.I. Gen. Laws Chapter 42-35, the Administrative Procedures Act.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.3** Repealed {#sec-250-ricr-60-00-9-9.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.3}
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.4** Repealed {#sec-250-ricr-60-00-9-9.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.4}
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.5** Repealed {#sec-250-ricr-60-00-9-9.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.5}
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.6** Definitions {#sec-250-ricr-60-00-9-9.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.6}
A.For the purposes of these Regulations, the following terms shall have the following meanings:
1."Active Military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders as defined in 38 U.S.C. 101.
2.“Antlerless deer” means deer having no antlers or antlers less than three inches (3”) in length.
3.“Archery equipment” means long bow, re-curve bow, compound bow or crossbow.
4.“Archery proficiency testing” means demonstration of skill with archery equipment as prescribed by the Division of Fish and Wildlife. Valid for two (2) years.
5."Artificially propagated game bird" means any species of grouse, partridge, pheasant, quail, or chukar which is hunted for food or sport and has been bred, produced, caused to multiply, or reared in captivity.
6.“Bearded turkey” means a wild turkey that carries a visible beard, i.e., a tuft of stiff filament-like feathers projecting outward and downward from the center of the chest.
7.“Blank Gun” means any firearm designed to discharge only blank cartridges and is incapable of propelling any type of projectile.
8."Body-gripping trap" means a device that is designed to capture and kill an animal when two (2) rotating jaws close on either side of the animal's neck or chest.
9.“Box trap” means any trigger operated device intended to restrain an animal by confinement in box or cage.
10."Carcass" means the dead body of an animal, or parts thereof, to include meat and internal organs, but not to include hide, bone or other inedible portions.
11."Client" means a person who receives services from a guide.
12.“Conibear-type trap” means “conibear” model traps and similar body-gripping traps and devices.
13.“Crossbow” means a bow and string that launches an arrow, mounted upon a stock, with a trigger unit that holds the string and limbs under tension until released.
14.“Daily bag limit” means the maximum number of game of a single species or combination (aggregate) of species permitted to be taken by one (1) person in any one (1) day during the open season.
15.“Daylight fluorescent orange” means the color orange having a dominant wavelength between five hundred ninety-five (595) and six hundred six (606) nanometers, an excitation purity not less than eighty-five percent (85%), and a lamination factor not less than forty percent (40%).
16.“Deer” means Virginia white-tailed deer (Odocoileus virginianus) and any other free ranging deer encountered in the natural environment.
17.“Deer decoy” means a device that replicates the body and form of a deer and may be used for the purpose of attracting deer during hunting.
18.“Deer hunting activity” means any activity in which a hunter is actively pursuing deer while carrying a firearm or archery device on the hunter’s person. Tracking a wounded or un-recovered deer with a dog pursuant to § 9.7 of this Part herein is not considered deer hunting activity.
19.“Driving deer” or “cooperative drive” means to pursue, drive, chase, or otherwise frighten or cause a deer to move in a direction toward a person or persons known to be waiting for deer.
20.“Feeding” or “Baiting” means the act of using, placing, giving, exposing, depositing, distributing, or scattering any material, or any act to maintain the availability of such material, that attracts wildlife to feed on such material.
21."Field possession limit" means the maximum number of game of a single species or combination of species permitted to be possessed by one (1) person while in the field, in one’s vehicle, boat, trailer or other means of transportation when traveling between the field and one’s personal abode. This shall be equal to the daily bag or season limit where no daily bag limit is indicated.
22.“Firearm” means any machine gun, rifle, shotgun, pistol, air rifle, air pistol, and “blank gun”, “BB gun” or other instrument from which steel or metal projectiles are propelled, or which may readily be converted to expel a projectile.
23.“Foothold” means a trap equivalent to a leg-hold trap, as described in R.I. Gen. Laws § 20-16-8, including those foothold traps with padded or offset jaws.
24.“Guide” means a person paid a fee, or in-kind compensation, in exchange for transport, directly aiding, assisting, advising, showing the way to, or directing another person in the hunting of wildlife in the state of Rhode Island.
25."Humane dispatch" means the death of an animal that seeks to minimize pain, distress, and negative effects while resulting in death as quickly as possible. All methods of humane dispatch must comply with Rhode Island General Laws.
26.“Hunt” or "Hunting" means, shooting, killing and taking any wild animal regulated in this Chapter and, attempting to shoot, attempting to kill and attempting to take any wild animal regulated in this Chapter, whether such act results in taking or not.
27.“Junior hunter” means any person twelve (12) to fourteen (14) years of age who possesses a hunter safety education certificate. Junior hunters may only hunt in the immediate company of an adult, twenty-one (21) years of age or older, who possesses a current Rhode Island hunting license.
28.“Paraplegic” means an individual afflicted with paralysis of the lower half of the body with involvement of both legs.
29."Personal abode" means one's principal or ordinary home or dwelling place, as distinguished from one's temporary or transient place of abode or dwelling such as a hunting club, or any club house, cabin, tent or trailer house used as a hunting club, or any hotel, motel or rooming house used during a hunting, pleasure or business trip.
30.“Possess" or "Possession” means to exercise dominion or control over any wild animal commencing at the time at which a decision is made not to return the wild animal to the immediate vicinity from which it was taken and lasting up until its ultimate disposition. The decision to possess or return the animal must be made at the first practical opportunity.
31.“Possession limit” means the maximum number of game of a single species or combination of species permitted to be possessed by one (1) person at one (1) time.
32.“Proficiency testing” means the measurable demonstration of skills with bows and arrows or use of firearms using a set of standards as determined by the hunter education program.
33.“Public reservations” means any property under the care, control or custody of the Department of Environmental Management.
34.“Season bag limit” means the maximum number of game of a single species permitted to be taken by one (1) person over the duration of the open season.
35.“Species specific traps” means traps characterized by all of the following: triggering and restraining mechanisms are enclosed within housing; triggering and restraining mechanisms are only accessible through a single opening when set; the access opening does not exceed two inches (2”) in diameter; the triggering mechanism can only be activated by a pulling force; has a swivel mounted anchoring system.
36.“Take” or "Taking" means shooting, pursuing, hunting, fishing, killing, capturing, trapping, hooking, and netting any species of wildlife.
37.“Tidal waters” means waters of the State extending from mean high water to the seaward limit of three (3) miles.
38."Tracking" means following the trail of an animal in an effort to recover it.
39.“Translocation” means the transport and release of live wild animals from one (1) location to another.
39."Veteran" means a person who served on active duty with the U.S. Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard, for a minimum of one hundred eighty (180) days and who was discharged or released under conditions other than dishonorable. Reservists or members of the National Guard called to federal active duty (for other than training) or disabled from a disease or injury incurred or aggravated in the line of duty or while in training status also qualify as defined in 38 U.S.C. 101.
40.“Written permission” means annual written permission of the owner of the land for access during any current season.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.7** Deer {#sec-250-ricr-60-00-9-9.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.7}
A.A deer permit must be obtained prior to hunting for each individual deer taken in accordance with the bag limits for each season type, statewide.
B.Deer Management Zones are defined to recognize and achieve harvest and management strategies for deer in Rhode Island as follows:
1.Zone 1 shall consist of the following towns:
a.Barrington; Bristol; Central Falls; Charlestown; Cranston; Cumberland; East Greenwich; East Providence; Jamestown; Johnston; Lincoln; Middletown; Narragansett; Newport; North Kingstown; North Providence; North Smithfield; Pawtucket; Providence; Smithfield; South Kingstown; Warren; Warwick; West Warwick; Westerly; and Woonsocket.
2.Zone 2 shall consist of the following towns:
a.Burrillville; Coventry; Exeter; Foster; Glocester; Hopkinton; Little Compton; Portsmouth (excluding Prudence and Patience Islands); Richmond; Scituate; Tiverton; and West Greenwich.
3.Zone 3 shall consist of:
a.Patience and Prudence Islands
4.Zone 4 shall consist of:
a.New Shoreham (Block Island)
C.Open Season Zones 1 and 2 (all dates inclusive)
1.Archery: September 15 to January 31
2.Muzzleloader: First (1st) Saturday in November through the Friday preceding the first Saturday in December
3.Shotgun: First (1st) Saturday in December to December 31
D.Open Season Zone 3 (all dates inclusive):
1.Archery: The third Monday in October to January 31
2.Paraplegic hunter season: The Tuesday following the second Monday in October through Friday, inclusive.
E.Open Season Zone 4:
1.2026-2027 Open Season
a.Archery: October 15, 16, 19 - 23, 26 - 30
b.Archery, Muzzleloader and Shotgun:
(1)November 2 - 6, 9, 10, 12, 13, 16, 17, 19, 20, 23, 24, 30
(2)December 1, 3, 4, 7 - 11, 14, 15, 17, 18, 21, 22
(3)January 4 - 8, 11 - 15, 19 - 22, 25 - 29
(4)February 1 - 5, 8 - 12
2.2027-2028 Open Season
a.Archery: October 14, 15, 18 - 22, 25 - 29
b.Archery, Muzzleloader and Shotgun:
(1)November 1 - 5, 8, 10 - 12, 15, 16, 18, 19, 22, 23, 29, 30
(2)December 2, 3, 6 - 10, 13, 14, 16, 17
(3)January 1, 3 - 7, 10 - 14, 18 - 21, 24 - 28, 31
(4)February 2 - 4, 7 - 11
F.Legal shooting hours for hunting deer are one half (1/2) hour before sunrise to one half (1/2) hour after sunset.
G.Annual written permission is required to hunt deer on privately-owned land (R.I. Gen. Laws § 20-15-1(4)). Such written permission must be carried at all times while deer hunting and failure to have such written permission is prima facie evidence of not having written permission to hunt such land. Written permission must be shown to any authorized person upon demand and must be presented when checking the deer. A valid hunting license constitutes written permission on applicable Hunting Cooperative properties for which a permit is not required.
H.Tagging Requirements: Immediately after harvesting, the hunter must notch the month, day, and hour of kill on the deer tag and conspicuously attach the tag to the carcass before moving the carcass for field dressing or removal from the field. If transporting a quartered or deboned carcass out of the field results in carcass parts being in different places, the tag must remain attached to the majority of the carcass. The head shall be kept in the hunter’s possession to demonstrate evidence of/lack of antlers until the carcass is prepared for consumption or taxidermy. If the head is separated from the carcass for taxidermy, both the carcass and head shall remain conspicuously tagged with the original, reprint, or copy of notched tag and confirmation number until the carcass and head are prepared for consumption or completed taxidermy. The copying or reprinting of tags is allowed for tagging multiple parts of the same deer but does not allow the hunter to take additional deer. Deer required to be checked at a check station shall not be quartered or otherwise dismembered, other than field dressing, during open deer check station dates and must be presented to a check station in whole, hog, or field dressed.
I.Reporting Requirements: All deer harvested must be reported to the DEM within twenty-four (24) hours by filing a harvest report as prescribed by the DEM or be checked by an Environmental Police Officer (EPO). A confirmation number will be issued and must be recorded on the notched tag. The notched tag with confirmation number must remain attached to the carcass until prepared for consumption or taxidermy.
1.During the first (1st) two (2) days of the muzzleloader deer season and the first (1st) two (2) days of shotgun deer season, all deer harvested statewide, by any method, must be brought to a State Operated Biological Checking Station to be physically weighed, measured and inspected with the exception of deer harvested on Patience Island, Prudence Island, and Block Island.
J.The Division of Fish and Wildlife retains the right to sample any and all tissues for population and disease management.
K.Resident All Outdoors Deer Permit Package: Rhode Island Resident hunters may purchase one (1) resident All Outdoors Deer Permit Package to take up to seven (7) deer during the established deer seasons in Zones 1 and 2.
1.The All Outdoors Deer Permit Package consists of two (2) antlered deer permits and five (5) antlerless deer permits that may be used in any combination during the open deer seasons in Zones 1 and 2 in accordance with the zone bag limits.
L.Deer decoys may be used on private lands and state-owned Wildlife Management Areas (excludes State Parks, Public Reservations, Cooperative properties, and Federal properties) during the archery only deer seasons while archery hunting only. This excludes youth muzzleloader season. However, deer decoys may be used throughout the extent of the open archery season on private lands in towns where hunting with a firearm is prohibited but use of archery equipment is permitted. When transporting deer decoys for the purpose of hunting, persons must wear five hundred (500) square inches of daylight fluorescent orange visible from all sides as is currently required for shotgun deer hunting.
M.Tree stands may not be installed on State-owned property prior to August 15 and must be removed prior to March 31 annually. All tree stands set on public land or cooperative hunting properties must be marked with the hunters Customer ID number or Sportman’s equipment ID number.
N.Upon shooting a deer, a hunter with a current valid hunting license and deer permit may use one (1) dog or engage a second party to use one (1) dog to recover a wounded and lost or un-recovered deer within seventy-two (72) hours of shooting the deer provided that they comply with the following restrictions.
1.There shall be no firearms or archery devices carried by the hunter, dog handler, or any individual present at the time of tracking with a dog present.
2.The dog shall be maintained under physical control of the dog handler at all times by the means of a lead no longer than fifty (50) feet that shall be attached to the collar or harness of the dog.
3.The hunter shall be present at all times.
4.All parties involved in recovering a deer with a dog shall wear 500 square inches of fluorescent orange.
5.If it is determined that the deer is still alive all parties will back away immediately and the dog will be taken out of the area. Once the dog is removed from the hunting area, the hunter may return with a legal weapon.
9.7.1Season Bag Limit
A.No hunter shall take more than two (2) antlered deer in total during all deer seasons statewide, except only one (1) of the antlered deer may be taken in Zone 3. The season bag limit of antlered deer is not specific to season or method.
B.Antlerless deer season bag limit is set by Deer Management Zone. The season bag limit of antlerless deer is not specific to season or method. Hunters can harvest the allowable bag limit within each zone.
1.Zone 1: Three (3) antlerless deer
2.Zone 2: Two (2) antlerless deer
3.Zone 3: Two (2) antlerless deer
4.Zone 4: Unlimited
9.7.2Prohibited Activities
A.Hunting, pursuing, or molesting deer in tidal waters, or while deer are swimming in any waters of the State is prohibited.
B.The construction and/or use of permanent tree stands, or the use of nails, spikes, bolts, or climbing devices which may damage trees, is prohibited on State property or on private property without the permission of the landowner.
C.The use of electronic calls for hunting deer is prohibited at all times.
D.Driving deer by parties of over five (5) people is prohibited.
E.Possession of more than one (1) firearm or archery implement in the field per individual hunter, while hunting deer is prohibited.
F.During the period September 15 through the last day of February (statewide and islands), casting rays of artificial lights at any time, on any highway or roadway, whether public or private or on any field, woodland, residential property or forest, for the purpose of illuminating any wild animal or wild bird is prohibited.
G.The use or possession of deer scents/lures that contain natural cervid (including deer, moose, elk) urine, gland oil, feces, tissue, blood or any other bodily fluids while taking, attempting to take, attracting, or scouting wildlife is prohibited.
H.Feeding, baiting, and hunting deer over bait is prohibited. Baiting includes placing, exposing, distributing, or scattering any food sources, including but not limited to salt, minerals, apples, and grain to lure, attract, or entice deer.
9.7.3Archery Season
A.Archers may use a long bow, recurve bow, compound bow or crossbow for hunting deer.
1.Long bow, re-curve bow and compound bow must be set at not less than forty (40) pounds for archers using fixed blade broadheads, and a minimum of fifty (50) pounds for archers using mechanical broadheads.
a.Special archery adaptive aids for use with vertically held bows may be used by all hunters without a special permit.
b.Licensed deer hunters may carry blunt or judo tipped arrows to hunt the open portion of the small game season during the archery deer season.
2.Crossbows must be set at not less than one hundred twenty-five (125) pounds minimum draw weight. The trigger unit must have a working safety.
a.One (1) field point arrow may be carried in the quiver for the safe discharge of the crossbow; the field point arrow must be made distinguishable from broadhead tipped arrows by a color difference.
b.Licensed deer hunters may carry blunt or judo tipped arrows to hunt small game mammals during the open portion of the small game season during the archery deer season; no birds may be taken with a crossbow and these arrow(s) must be made distinguishable from broadhead tipped arrows and the discharge arrow.
B.Only broadhead tipped arrows with at least two (2) metal cutting edges are allowed. All broadheads must be seven eighths of one inch (7/8”) or greater at the widest point, including mechanical (i.e. expandable) broadheads measured in the “open” position.
C.All hunters must have taken and successfully completed a bow hunter education course to hunt with archery equipment including crossbow.
9.7.4Muzzleloader Season
A.Firearms for muzzleloader deer season are limited to .45 caliber or larger using percussion caplock, flintlock, and in-line ignition systems using percussion caps, rifle, or shotshell primers. Only single barrel or double barrel firearms where a single projectile must be loaded from the muzzle are permitted.
B.Ammunition for muzzleloader deer season is limited to a single projectile, including round ball, or maxi ball type projectiles. Sabot rounds for muzzleloader firearms are permitted using lead, jacketed or solid copper bullets according to manufacturer’s specifications. Powder is limited to manufacturers’ specifications. Telescopic sights are permitted. Possession of modern shotgun shotshells while hunting is prohibited. A muzzleloader is considered unloaded when the percussion cap, primer or pan powder is removed.
C.Archery equipment is not permitted to be used with a current muzzleloader deer permit. A hunter shall not use a muzzleloader deer permit to tag an animal harvested during muzzleloader season with archery equipment.
9.7.5Shotgun Season
A.No person shall hunt, pursue, shoot or attempt to shoot any deer with a shotgun capable of holding more than five (5) shells, unless it is plugged with one (1) piece filler, which is incapable of removal without disassembling the gun.
B.Ammunition permitted for shotgun deer season is limited to a single lead or alloy projectile, including rifled slugs or sabot round. Buckshot is prohibited at all times.
C.Shotguns of ten (10), twelve (12), sixteen (16), or twenty (20) gauge are allowed.
D.Muzzleloader firearms will be permitted during the shotgun season provided hunters possess a current shotgun deer permit and comply with muzzleloader restrictions. Muzzleloader hunters taking a deer during the shotgun season must tag the deer with the shotgun deer tag immediately after taking. All shotgun deer season fluorescent orange requirements will be enforced.
E.Archery equipment is not permitted to be used with a current shotgun deer permit. A hunter shall not use a shotgun deer permit to tag an animal harvested during shotgun season with archery equipment.
9.7.6Patience and Prudence Islands (Zone 3)
A.The only legal method of deer hunting on Patience and Prudence Islands is by archery, including crossbows. All other archery Regulations apply. Exemption: hunters complying with section for paraplegic and double amputees may use firearms as provided in § 9.8(B)(3) of this Part.
B.Proficiency testing is required of all archery hunters hunting deer on Patience and Prudence Islands, either private or State-owned lands.
C.Written permission of the private landowner is required and must be countersigned by the Portsmouth Chief of Police or his/her representative on Prudence Island.
9.7.7Block Island (Zone 4)
A.State lands (Black Rock/Rodman Hollow) hunting by special permit only, selected by lottery as prescribed by the Department of Environmental Management.
1.Hunting log required. Hunters must complete a hunting log as prescribed by the DEM to be eligible for the next season's permit.
B.A Block Island archery, muzzleloader or shotgun deer permit is required to hunt deer on Block Island.
C.Private landowner permission, counter-signed by the New Shoreham Chief of Police, is required for all hunting. Private landowners may give permission for archery, shotgun, or muzzleloader hunting on their property. Permission will be concomitant by the New Shoreham Police Department.
D.Proficiency testing is required of all archery hunters that are hunting deer on Block Island.
E.All deer hunters must wear five hundred (500) square inches of daylight fluorescent orange, except archery hunters during the archery only portion of the season.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.8** Special Deer Seasons {#sec-250-ricr-60-00-9-9.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.8}
A.Youth Deer Season:
1.Youth hunters must be twelve (12) to seventeen (17) years of age.
2.Youth hunters must possess an antlered or antlerless deer permits for the respective season, as provided.
3.Junior hunters (age twelve (12) to fourteen (14)) as defined in § 9.6 of this Part, in possession of a valid Rhode Island Junior Hunting License must hunt in the immediate company of an adult, twenty-one (21)years of age or older, who possesses a current Rhode Island hunting license.
4.An adult may accompany no more than two (2) junior hunters at one (1) time.
5.The accompanying adult is prohibited from carrying a firearm or archery equipment and hunting deer.
6.Firearm youth hunters age fifteen (15) to seventeen (17) must hunt in the company of a qualified adult age twenty-one (21) or older.
7.Youth Archery Hunting Weekends:
a.Zones 1 and 2: The full weekend (Saturday/Sunday) prior to the September 15 opening day of the archery season
b.Zone 3: The first full weekend (Saturday/Sunday) following Columbus Day.
8.Youth Muzzleloader Hunting Weekend (Zones 1 and 2): The last full weekend prior to the first Saturday in November.
B.Patience and Prudence Islands (Zone 3) Special Deer Season for Disabled Hunters. The taking of deer will be limited to paraplegic and double amputee hunters only.
1.Special Permit Required.
2.None of the hunter's assistants will be allowed to hunt or carry loaded firearms at any time. No license is required of the assistants.
3.Disabled hunters may use a shotgun or muzzleloader. Firearms and ammunition must comply with specifications set forth in §§ 9.7.4 and 9.7.5 of this Part.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.9** Cooperative Hunting Programs {#sec-250-ricr-60-00-9-9.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.9}
9.9.1The Nature Conservancy (TNC) Deer Hunting Cooperatives
A.No vehicles of any kind are allowed on the property, except in designated parking areas.
B.The construction or use of permanent tree stands is prohibited. The use of nails, spikes, bolts, or devices that may damage trees is prohibited. Climbing tree stands are permitted.
1.Tree stands shall not be installed prior to August 15 and must be removed by March 31 annually.
C.No special permit is required.
D.No trapping allowed.
E.Beaver River Preserve, Francis Carter Preserve, Queens River Preserve, King Preserve, Cuttyhunk Brook Preserve South (area south of Stony Lane), and Pocasset Ridge Conservation Area
1.Deer hunting only.
2.Archery only permitted.
3.No firearms are allowed on these properties at any time.
F.How-Davey Preserve (access via Grills Preserve, Bradford Road, Hopkinton)
1.Deer hunting only
2.Archery or muzzleloader permitted.
3.No firearms other than muzzleloaders are allowed on the property at any time.
G.Cuttyhunk Brook Preserve North (area north of Stony Lane), Grass Pond Preserve, (TNC property only) and Canonchet Preserve.
1.Deer hunting only.
2.Archery, muzzleloader or shotgun permitted.
H.Harrington Preserve
1.All Big River Wildlife Management Area regulations apply.
9.9.2Beavertail State Park Cooperative
A.At Beavertail State Park: archery hunting only for deer from November 1 to January 31.
B.No hunting of any other species of wildlife is permitted.
C.No firearms are allowed on the property at any time.
D.Archery proficiency testing is required for all archery hunters on the Beavertail Cooperative Archery Deer Hunting Area. The proficiency card must be carried while hunting.
E.A Beavertail Cooperative Archery Deer Hunting Area Permit is required and must be carried while hunting. Hunters must return their permit card regardless of activity or success by February 15 to be eligible for participation next season.
F.Countersigned permission of the Jamestown Chief of Police or his/her designee is required.
G.Reservations are required to hunt. Hunters may reserve five (5) slots per week, no more than twenty (20) days in advance. Unused slots must be cancelled. Hunters meeting the season bag limit or those with reservations that cannot hunt must cancel any reserved slots that will not be used.
9.9.3Grills Preserve Cooperative
A.Hunting is allowed for deer and wild turkey at the Grills Preserve (Westerly Land Trust property) located west of Bowling Lane and Route 91 in Bradford and the Grills Preserve II (Hopkinton Land Trust property) located east of Route 91 in Hopkinton.
1.Deer hunting with archery or muzzleloader only.
2.Turkey hunting is permitted in accordance with Rules and Regulations for the established turkey seasons, § 9.13 of this Part.
B.No hunting for any other species of wildlife is permitted.
C.No special permit is required.
9.9.4Bristol Town Properties Cooperative
A.No vehicles of any kind are allowed on the property, except in designated parking areas.
B.The construction or use of permanent tree stands is prohibited. The use of nails, spikes, bolts, or devices that may damage trees is prohibited. Climbing tree stands are permitted.
1.Tree stands shall not be installed prior to August 15 and must be removed by March 31 annually.
C.No special permit is required.
D.Deer hunting only. No hunting for any other species of wildlife is permitted.
E.Archery equipment only
F.Archery proficiency testing is required for all archery hunters on the Bristol Town Properties. The proficiency card must be carried while hunting.
G.Properties include
1.Minturn
2.Skaters Pond
3.Hopeworth
4.100 Acre Woods
9.9.5Rhode Island Veterans Home Property Cooperative
A.No vehicles of any kind are allowed on the property, except in designated parking areas.
B.The construction or use of permanent tree stands is prohibited. The use of nails, spikes, bolts, or devices that may damage trees is prohibited. Climbing tree stands are permitted.
1.Tree stands shall not be installed prior to August 15 and must be removed by March 31 annually.
C.No special permit is required.
D.Archery equipment only.
E.Deer hunting only.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.10** Migratory Game Birds {#sec-250-ricr-60-00-9-9.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.10}
A.Possession limit of migratory birds is three (3) times the daily bag limit unless otherwise stated.
1.The field possession limit shall be equal to the daily bag limit.
B.Mourning dove (Zenaida macroura) and Eurasian collared-dove (Steptopelia decaocto)– The open season for doves is:
1.Dates:
a.First (1st) segment is September 1 – 30 inclusive.
b.Second (2nd) segment is the third (3rd) Saturday in October extending sixty (60) days, inclusive of the Saturday opener.
2.Shooting hours are half (1/2) hour before sunrise until sunset.
3.Daily bag limit is fifteen (15) composed of mourning doves and Eurasian collared-doves in aggregate.
C.Rail – The open season for rail is:
1.September 1 to November 9 inclusive.
2.Daily bag limit is:
a.King rail (Rallus elegans) & clapper rail (Rallus creiptans) – one (1), singly.
b.Sora (Porzana carolina) & Virginia rail (Rallus limicola) – three (3), singly.
3.Shooting hours are one half (1/2) hour before sunrise until sunset.
D.Snipe (Gallinago delicata) – The open season for snipe is:
1.September 1 to November 9 inclusive.
2.Daily bag limit is five (5).
3.Shooting hours are one half (1/2) hour before sunrise until sunset.
E.Woodcock (Scolopax minor) – The open season for woodcock is:
1.The third (3rd) Saturday in October extending forty-five (45) days, inclusive of the Saturday opener.
2.Daily bag limit is three (3).
3.Shooting hours are one half (1/2) hour before sunrise until sunset.
F.Crow (Corvus ossifragus; Corvus brachyrhynchos) – The open season for crow is:
1.The second (2nd) Friday in August extending fifty-two (52) days, inclusive of the Friday opener, Fridays, Saturdays and Sundays only.
2.The third (3rd) Saturday in October extending fifty-two (52) days, inclusive of the Saturday opener.
3.The third (3rd) Friday in December extending one hundred seven (107) days, inclusive of the Friday opener, Fridays, Saturdays and Sundays only.
4.Shooting hours for crow are one half (1/2) hour before sunrise to one half (1/2) hour after sunset.
5.Prudence Island: The Heritage property is closed during the open archery only deer season.
6.Patience Island is closed to crow hunting.
7.No daily bag or possession limit.
G.Archery Equipment: All hunters using archery equipment to take migratory game birds must have taken and successfully completed a bow hunter education course. Crossbows are prohibited for taking of migratory game birds. See R.I. Gen. Laws § 20-14-7(d).
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.11** Waterfowl {#sec-250-ricr-60-00-9-9.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.11}
A.Possession limit for waterfowl is three (3) times the daily bag limit unless otherwise stated.
1.The field possession limit shall be equal to the daily bag limit.
B.Canada Goose:
1.Special September Season:
a.September 1 – 30 inclusive
b.Daily bag limit is fifteen (15).
c.Shooting hours are one half (1/2) hour before sunrise to one half (1/2) hour after sunset for September Canada goose hunting only.
2.Regular Season:
a.The Saturday preceding Thanksgiving through the Sunday following Thanksgiving and the fourth (4th) Sunday in January and the fifty (50) days preceding, inclusive of the 4th Sunday.
b.Daily bag limit is two (2).
c.Special permits and blind reservations required for South Shore Management Area.
d.Daily bag limit includes white-fronted geese.
3.Late Season:
a.The first (1st) Saturday after the final day of the Regular Season for Canada Goose extending fifteen (15) days, inclusive of the Saturday opening day.
b.Daily bag limit is five (5).
c.Limited to Providence, Bristol and Kent Counties and portions of Washington County as described in § 9.11(B)(3)(d) of this Part. A map depicting the area open to hunting is available on the Division of Fish and Wildlife’s website.
d.The area open to hunting during the late season shall be those areas north and west of the line described below:
(1)Rt. 95 at the RI/CT Line, north to Exit 3, Rt. 138 in Richmond.
(2)East along Rt. 138 to Glen Rock Rd., Richmond.
(3)North along Glen Rock Rd. to Mail Rd., Exeter.
(4)East along Mail Rd. to Rt. 2/South Country Trail., Exeter.
(5)North along Rt. 2/South County Trail to Exeter Rd.
(6)East along Exeter Rd. to the intersection of Indian Corner Rd.
(7)East to the merger of Indian Corner Rd. and West Allenton Rd.
(8)East to the intersection of West Allenton Rd. and Rt. 4.
(9)South along Rt. 4 to the intersection of Rt. 4/Rt.1 (Tower Hill Rd.).
(10)South along Rt. 1/Tower Hill Rd. to the intersection of Rt. 138.
(11)East along Rt. 138 to the base of the Jamestown Bridge.
(12)Extending north/northeast along the Washington/Newport county line.
(13)Extending east, one thousand feet (1,000’) north of the northerly most point of Jamestown to a point one thousand feet (1,000’) offshore of the Melville Boat Launch, Portsmouth.
(14)North following a line one thousand feet (1,000’) offshore of Portsmouth’s western shoreline to the Mount Hope Bridge.
(15)Extending east/northeast across Mt. Hope Bay from the bridge to the RI/MA border.
e.All areas south and east of the demarcation line are closed to hunting during the February Late Season.
C.Snow Goose (Including blue goose):
1.The final day of the Regular Canada Goose Season in January and the one hundred three (103) days preceding the final day, inclusive of the final day.
2.Daily bag limit is twenty-five (25). The possession limit is unlimited.
D.Ducks, Coots, Mergansers:
1.The season for ducks, coots, and mergansers shall be: The Friday preceding the second Saturday in October through the Monday following, for a total of four (4) days inclusive of the Friday opener. The Wednesday preceding Thanksgiving Day through the Sunday following Thanksgiving Day, for a total of five (5) days, inclusive of the Wednesday opener. The fourth (4th) Sunday in January and the fifty (50) days preceding, inclusive of the 4th Sunday.
2.Ducks – The daily bag limit is six (6):
a.Including no more than four (4) mallards of which two (2) may be a hen mallard, three (3) wood ducks, two (2) redheads, two (2) black ducks, three (3) pintail, two (2) canvasbacks, and a hybrid bag for scaup; one (1) scaup during the first (1st) forty (40) days of the duck season and two (2) scaup during the last twenty (20) days of the duck season and four (4) sea ducks singly or in aggregate, but not to exceed three (3) scoters, three (3) eider of which one (1) may be a hen, and three (3) long-tailed ducks. The possession limit is three (3) times the daily bag limit.
3.Coots – The daily bag limit is fifteen (15).
4.Mergansers (Common, red-breasted and hooded) – The daily bag limit is five (5);
a.Five (5) mergansers may be taken in addition to the regular duck bag of six (6) ducks.
5.Harlequin Ducks – The season is closed.
E.Brant – The season for brant shall be:
1.The final day of the duck season in January and thirty (30) days preceding the final day, inclusive of the final day.
2.The daily bag limit is one (1).
F.Swans – The season is closed.
G.Closed Areas
1.Providence, East Providence, Pawtucket – That portion of the Seekonk River north of the railroad bridge to a line across the Seekonk River running between the intersection of Gulf Road and River Drive (Providence side) to the southerly abutment of the railroad bridge at the outlet of Omega Pond (East Providence side), shall be closed to waterfowl hunting. The discharge of firearms while waterfowl hunting on the Seekonk River is restricted to discharge toward open water (seaward).
2.Warwick – Brush Neck Cove, so-called, in its entirety. Mill Cove, so-called, in its entirety, including the beachfront. Buttonwoods Cove, so-called, in its entirety.
3.North Kingstown – Mill Cove, Wickford, so called, in its entirety. Fishing Cove, Wickford, area west of a line to be determined bisecting Cornelius Island. All discharge of firearms while waterfowl hunting is restricted to discharge in an easterly direction from the above line. The Division of Fish and Wildlife will establish the line of demarcation.
4.Charlestown – Watchaug Pond and Poquiant Brook, or hunting within one hundred (100) yards upland of the shore or bank of same.
5.Tiverton – That unnamed estuary in Tiverton, north of Seapowet Avenue and east of Jack's Island, bounded on the west, south, and east shore by the Audubon Society of Rhode Island Emile Ruecker Wildlife Refuge, and as posted by Audubon Society of Rhode Island and Department of Environmental Management signs. The affected area includes the inlet of this estuary and marshland on the north side of this outlet.
6.Middletown – Sachuest Point (NWR) shoreline below mean high water to mean low water surrounding the National Wildlife Refuge property is closed to all hunting. No hunting along shoreline.
7.Lincoln/Central Falls – Pursuant to R.I. Gen. Laws § 11-47-49.1, discharge of a firearm within the Blackstone Valley Flood Plains or Marshes, also known as “Valley Marshes” is prohibited.
H.Additional Restrictions
1.Barrington – The Barrington River between Central Bridge at Massasoit Avenue and Barrington Bridge #123 at County Road is closed to hunting, except for that section on the river east of Puritan Avenue (41.745873° N, -71.309876° W) and west of the point southwest of Seabrook Court (41.744189° N, -71.306622° W). Hunting shall be restricted to the water areas below the vegetation line. Discharge of firearms while waterfowl hunting is restricted to discharge toward open water (seaward).
2.Bristol – Walker Island – discharge of firearms while waterfowl hunting is restricted to discharge toward open waters (seaward).
3.East Providence – Check local ordinances for restrictions. The discharge of firearms while waterfowl hunting is restricted to discharge toward open water (seaward).
4.Warwick – Rock Island and its adjacent groin extending northward off Narragansett Parkway. The discharge of firearms while waterfowl hunting is restricted to discharge toward open water (seaward).
5.Cranston – Washouset Point (Pawtuxet Cove) north to Fields Point including Stillhouse Cove, the discharge of firearms while waterfowl hunting is restricted to discharge towards open water (seaward). No hunting within five hundred feet (500’) of occupied buildings (R.I. Gen. Laws § 20-13-7) from the shoreline or from a watercraft.
6.Little Compton – All waterfowl hunters must have a method of retrieval including but not limited to; a retrieving breed of hunting dog or a non-motorized vessel.
7.North Kingstown – Waterfowl hunting on Belleville Pond is restricted to the northwest segment of the large pond as designated by DEM signs. The discharge of firearms is restricted toward open waters. Waterfowl hunting is permitted after November 15 by Town Ordinance. Firearms must remain cased until individual reaches hunting area (Blind or boat).
8.Great Swamp – All waterfowl hunters must have with them a method of retrieval including but not limited to; a retrieving breed of hunting dog or a non-motorized vessel.
I.Youth Waterfowl Season – The last full weekend (Saturday & Sunday) in October.
1.Youth hunters must be twelve (12) to seventeen (17) years of age.
2.Youth hunters may take ducks, mergansers, coots, Canada and Cackling geese, light geese, and brant following daily bag and possession limits for the regular seasons. The scaup bag limit will be two (2).
3.Junior hunters (age twelve (12) to fourteen (14)) as defined in § 9.6 of this Part, in possession of a valid Rhode Island Junior Hunting License must hunt in the immediate company of an adult, twenty-one (21) years of age or older, who possesses a current Rhode Island hunting license.
4.The accompanying adult(s) and all adults are prohibited from hunting on Youth Waterfowl Hunting Days.
5.Firearm youth hunters age fifteen (15) to seventeen (17) must hunt in the company of a qualified adult age twenty-one (21) years or older.
6.All youth hunters and those adults accompanying youth hunters must have current Rhode Island hunting licenses and State Harvest Information Program (HIP) permits.
7.The accompanying adult must also possess a valid Rhode Island State Waterfowl Stamp and Federal Duck Stamp.
J.Active Military and Veterans Waterfowl Season - November 10-11 inclusive.
1.Active military and veteran hunters may take ducks, mergansers, coots, Canada geese, light geese, and brant following daily bag and possession limits for the regular seasons. The scaup bag limit will be two (2).
2.Proof of eligibility is required and must be carried on person while hunting.
3.All active military and veteran waterfowl hunters must have a State Harvest Information (HIP) permit, Rhode Island State Waterfowl Stamp and Federal Duck Stamp in addition to a current Rhode Island hunting license.
K.Tagging: No person shall give, put or leave any migratory game birds at any place or in the custody of another person unless the birds are tagged by the hunter.
1.Tags must include all of the following information:
a.The hunter’s signature
b.The hunter’s address
c.The total number of birds involved, by species
d.The dates such birds were killed
2.No person or business shall receive or have in custody any migratory game bird belonging to another unless such birds are properly tagged.
L.Non-toxic Shot Requirements
1.No person shall hunt, pursue, shoot or attempt to take waterfowl, rails, or snipe within the State of Rhode Island, including associated jurisdictional tidal waters which extend from mean high water to the seaward limit of three (3) miles, while possessing shells loaded with any shot other than non-toxic shot (e.g., steel, bismuth-tin, tungsten-iron, tungsten-polymer, tungsten-matrix, and tungsten-nickel-iron-shot) and other shot as approved by United States Fish and Wildlife Service (USFWS).
2.All shot larger than BB is prohibited; including duplex loads containing shot larger than BB.
3.Tin shot is prohibited.
M.Allowed methods of taking and prohibited methods of taking migratory birds and waterfowl, are the same as set forth in the Migratory Bird Treaty Act of 1918, 16 U.S.C. §§ 703 – 712, as amended, made under the provisions of an Act of Congress relating to migratory birds and waterfowl.
N.A Harvest Information Program (HIP) Permit is required for hunting all migratory birds. HIP permits are available through the online licensing and permitting system.
O.In addition, all hunters except youths ages twelve (12) to fifteen (15) must purchase a Federal Duck Stamp and Rhode Island State Waterfowl Stamp to hunt waterfowl.
P.Shooting Hours – Shooting hours for all waterfowl species are one half (1/2) hour before sunrise to sunset daily, unless otherwise specified.
Q.Archery Equipment
1.All hunters using archery equipment to take migratory game birds must have taken and successfully completed a bow hunter education course. Crossbows are prohibited for taking of migratory game birds. See R.I. Gen. Laws § 20-14-7(d).
R.No person shall kill or cripple any migratory game bird without any visible means to retrieve and without making a reasonable effort to retrieve the bird and include it in their daily bag limit.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.12** Small Game and Upland Game Birds {#sec-250-ricr-60-00-9-9.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.12}
A.Legal shooting hours for game species in this Section will be sunrise until sunset, except for coyote and raccoon as otherwise provided for.
B.Patience Island is closed to small game hunting, except for coyote as provided in § 9.12(I), and raccoon as provided in § 9.12(O), of this Part.
C.Prudence Island: The Heritage property is closed during the open archery only deer season.
D.Methods of take for upland game bird hunting include shotgun, bow and arrow, and falconry.
1.Hunters may use shotgun with bird shot (not larger than No. 2).
2.Hunters may use archery equipment meeting the minimum draw weight required for deer hunting with arrows tipped with small game blunts or judo points, but specifically not use broadhead or field point arrows.
3.No birds may be taken with a crossbow, except wild turkey. See R.I. Gen. Laws § 20-14-7(d).
4.Hunters using archery equipment for upland game birds must have successfully completed a bow hunter education course.
E.Bobwhite quail (Colinus virginianus), ruffed grouse (Bonasa umbellus) and ring-necked pheasant (Phasianus colchicus) seasons (all dates inclusive):
1.Bobwhite quail: Third (3rd) Saturday in October through the last day in February.
2.The daily bag limit for bobwhite quail is three (3).
3.Ring-necked pheasant: Third (3rd) Saturday in October through the last day in February.
4.Youth Pheasant Season: comprised of the second (2nd) full weekend (Saturday & Sunday), and the following Monday in October.
5.The daily bag limit for ring-necked pheasant is two (2).
6.Ruffed grouse: The season is closed.
7.Game Bird Permit: Hunters are required to purchase a Game Bird Permit in order to hunt and take bobwhite quail and ring-necked pheasant. The Game Bird Permit is available through the online licensing and permitting system.
8.New Shoreham (Block Island):
a.2026-2027 Open season for ring-necked pheasants: November 18 and 25, December 2 and 16 and January 6.
b.2027-2028 Open season for ring-necked pheasants: November 17 and 24, December 1 and 15 and January 5.
c.The daily bag limit is two (2) male pheasants on New Shoreham.
d.No person shall take pheasant on Block Island while possessing shells loaded with any shot other than steel shot, or other legally approved non-toxic shot as described in § 9.11(L) of this Part.
F.Youth Pheasant Season:
1.Youth hunters must be twelve (12) to seventeen (17) years of age.
2.All hunters must possess a Game Bird Permit.
3.Junior hunters (age twelve (12) to fourteen (14)) as defined in § 9.6 of this Part, in possession of a valid Rhode Island Junior Hunting License must hunt in the immediate company of an adult, twenty-one (21) years of age or older, who possesses a current Rhode Island hunting license.
4.An adult may accompany no more than two (2) junior hunters at one (1) time.
5.The accompanying adult is prohibited from carrying a firearm and hunting pheasant.
6.Firearm youth hunters age fifteen (15) to seventeen (17) must hunt in the company of a qualified adult age twenty-one (21) years or older.
7.Hunting will only be permitted at: Great Swamp Management Area in West Kingston; Durfee Hill Management Area in Glocester; and Eight Rod Farm Management Area in Tiverton/Little Compton.
8.Bag limit is (2) two pheasants per day.
G.Hunting Clubs and Shooting Preserves:
1.Shooting preserves and all persons hunting on shooting preserves must meet all requirements set forth in R.I. Gen. Laws §§ 20-17-1 through 20-17-11 and 20-19-2.
2.All game birds, including chicks and eggs, imported into the State by any person, hunting club, or shooting preserve shall comply with applicable requirements set forth in Part 40-05-1 of this Title, the Rules and Regulations Governing the Importation of Domestic Animals.
3.No person, club, or shooting preserve shall possess, release, or hunt, artificially propagated game birds without having a valid game propagation permit in their possession.
a.Game propagation permits are available from the RI DEM Office of Boat Registration and Licensing, Room 360, 235 Promenade Street, Providence, RI 02908.
b.A game propagation permit for hunting clubs shall be issued upon demonstration that the applicant has met each of the following:
(1)Payment of five dollars ($5.00) permit fee.
(2)Presentation of proof that the applicant is a bona fide hunting club owning a single body of land consisting of twenty-five (25) or more acres at the time of the application or application of renewal (Hereinafter referred to as the “site”).
(3)Each permittee must keep an accurate record of all artificially propagated game birds held by it; how, when, and where acquired; how many released and when released; and how many taken on the site. Permittee must provide this information to the Department within twenty-four (24) hours of the receipt of a request for such records from a Department staff member.
(4)Presentation of proof that all game birds listed on the propagation permit application has passed health and disease certification must be available upon request from a Department staff member.
(A)Source flock of game birds is enrolled in the National Poultry Improvement Plan and is designated pullorum-Typhoid clean, or the source flock has been examined and tested by a veterinarian and meets the requirements of Part 40-05-1 of this Title, Rules and Regulations Governing the Importation of Domestic Animals.
(B)All game birds must be accompanied by proof of health and disease certification while being transported between source and permittee.
(5)Each permittee is authorized to release artificially propagated game birds, to include, partridge, pheasant, quail, and chukar, upon its site during the open pheasant hunting season for taking on the site by club members and their guests provided the following restrictions are observed. Game birds may only be taken by hunters with a valid Rhode Island hunting license. Hunters are not required to have a Game Bird Permit; however, hunters must have a written receipt or other documentation as prescribed by DEM that bears the name of the club, the name of the person taking, the date and time birds were taken, and the number of birds by species taken from the site. This receipt must remain with the birds or carcasses until prepared for taxidermy or consumption.
(6)Hunters may not exceed the respective established daily bag limits for pheasant and bobwhite quail provided herein: no more than two (2) pheasant or three (3) bobwhite quail may be harvested on the site during any day per hunter. There is no bag limit for chukar or other artificially propagated game birds for which there is no established season.
(7)If a permittee is found to have provided false information in conjunction with its application, fails to comply with any provision or if it or a member or guest violates any provision, the permit shall be revoked for the remainder of the season and the action of the permittee or its member shall be considered if and when the permittee applies for re-issuance of a permit. Pursuant to R.I. Gen. Laws Chapter 42-17.7, a permittee who feels aggrieved by an enforcement action to revoke the subject’s permit and who seeks an adjudicative hearing must seek such hearing by filing a written request with the Administrative Adjudication Division, One Capitol Hill, 4th Floor, Providence, RI 02908 within twenty (20) calendar days of receipt of notice of revocation. A permittee who feels aggrieved by a permit denial and seeks an Adjudicative hearing must seek such hearing by filing a written request with the Administrative Adjudication Division, One Capitol Hill, 4th Floor, Providence, RI 02908 within thirty (30) calendar days of receipt of the contested agency action.
c.A game propagation permit for shooting preserves shall be issued upon demonstration that the applicant has met each of the following:
(1)Payment of twenty-five dollars ($25.00) permit fee.
(2)Presentation of proof that the applicant is a bona fide shooting preserve owning a single body of land consisting of one hundred twenty (120) or more acres at the time of the application (Hereinafter referred to as the "site").
(3)Each permittee must keep an accurate record of all artificially propagated game birds held by it; how, when, and where acquired; how many released and when released; and how many taken on the site. Permittee must provide this information to the Department within twenty-four (24) hours of the receipt of a request for such records from a Department staff member.
(4)Presentation of proof that all game birds listed on the propagation permit application has passed health and disease certification must be available upon request from a Department staff member.
(A)Source flock of game birds is enrolled in the National Poultry Improvement Plan and is designated pullorum-Typhoid clean, or the source flock has been examined and tested by a Veterinarian and meets the requirements of Part 40-05-1 of this Title, Rules and Regulations Governing the Importation of Domestic Animals.
(B)All game birds must be accompanied by proof of health and disease certification while being transported between source and permittee.
(5)Each permittee is authorized to release artificially propagated game birds, to include pheasant, quail, and chukar, for taking on the site by hunters, members and guests with an unlimited bag limit provided the following restrictions are observed. Game birds may only be taken by hunters with a valid Rhode Island hunting license or shooting preserve license. Hunters are not required to have a Game Bird Permit; however, hunters must have a written receipt or other documentation as prescribed by DEM that bears the name of the shooting preserve or field trial permit, the name of the person taking, the date and time birds were taken, and the number of birds by species taken from the site. This receipt must remain with the birds or carcasses until prepared for taxidermy or consumption.
(6)If a permittee is found to have provided false information in conjunction with its application, fails to comply with any provision or if it or a member or guest violates any provision, the permit shall be revoked, and no new permits will be issued for the remainder of the calendar year. Pursuant to R.I. Gen. Laws Chapter 42-17.7, a permittee who feels aggrieved by an enforcement action to revoke the subject's permit and who seeks an adjudicative hearing must seek such hearing by filing a written request with the Administrative Adjudication Division, One Capitol Hill, 4th Floor, Providence, RI 02908 within twenty (20) calendar days of receipt of notice of revocation. A permittee who feels aggrieved by a permit denial and seeks an Adjudicative hearing must seek such hearing by filing a written request with the Administrative Adjudication Division, One Capitol Hill, 4th Floor, Providence, RI 02908 within thirty (30) calendar days of receipt of the contested agency action.
H.Method of take for small game mammal hunting is limited to: rimfire rifle not larger than .22 caliber, shotgun, bow and arrow, muzzleloader, crossbow, air rifle, and falconry as specified below:
1.Hunters may use shotgun with shot not larger than No. 2.
2.A muzzleloader, not to exceed .40 caliber, may be used to hunt small mammals during the established season for these species.
3.Air rifles are permitted to hunt the following small mammals: gray squirrel, red squirrel, woodchuck, gray fox, red fox, raccoon, coyote, and cottontail rabbit provided that the air rifles are a minimum of .177 caliber and not larger than .30, and produce a minimum of seven hundred fifty (750) FPS velocity with pellets seven and one half (7.5) grain or larger.
4.Hunters may use archery equipment meeting the minimum draw weight required for deer hunting with arrows tipped with field points, small game blunts, or judo points. Hunters using broadhead arrows during the archery deer season must possess a valid archery deer tag.
5.Hunters may use crossbow to take small game mammals.
6.Hunters using archery equipment including crossbow to take small game must have taken and successfully completed a bow hunter education course.
7.Hunters are permitted to use raptors to take the following small game mammals: gray squirrel, red squirrel, woodchuck, cottontail rabbit, skunk, and opossum.
I.There is no closed season for woodchuck (Marmota monax) on private lands. The season for woodchuck on State lands shall be from the third (3rd) Saturday in October to the last day in February, inclusive. The bag limit on woodchuck is unlimited.
J.Red fox (Vulpes vulpes), gray fox (Urocyon cinereoargenteus), seasons (all dates inclusive):
1.First (1st) Saturday in November through the last day of December.
2.The daily bag limit for fox is unlimited.
K.Gray squirrel (Sciurus carolinensis), and red squirrel (Tamiasciurus hudsonicus) seasons (all dates inclusive):
1.Second (2nd) Saturday of September through the last day of February.
2.The daily bag limit for red and gray squirrel is five (5), singly or in aggregate.
L.Cottontail rabbit (Sylvilagus spp.)
1.The first (1st) of October through the last day of February.
2.The daily bag limit for cottontail rabbit is three (3).
M.There is no closed season for coyote on private lands. The hunting season for coyote on State lands shall be from September 15 to the last day in February inclusive and during the open spring turkey hunting season.
1.The legal shooting hours for coyote on state land is one half (1/2) hour before sunrise to one half (1/2) hour after sunset. Shooting hours for coyotes on private lands is one half (1/2) hour before sunrise until midnight. Hunters attempting to take coyotes after dark must possess a predator call. The use of electronic calls or decoys for hunting coyote is permitted. The bag limit on coyote is unlimited. No person shall take or attempt to take coyotes by use of a light from a motor vehicle. Refer to R.I. Gen. Laws § 20-13-13 for firearms restrictions.
2.Legal methods of take for coyote hunting includes any means allowed during any concurrent hunting season and, shotgun (no shot larger than No. 2), rimfire rifle not larger than .22 caliber and bow and arrow, including crossbow.
3.On private lands from April 1 to September 30, (both dates inclusive), legal methods of take for coyotes includes shotgun, bow and arrow, including crossbow, and centerfire rifles not larger than .229 caliber(R.I. Gen. Laws § 20-13-13), and any means allowed during any concurrent hunting season.
4.Coyote hunters on State lands must wear a minimum of two hundred (200) square inches of fluorescent orange from the third (3rd) Saturday in October to the last day of February. During the shotgun deer season, five hundred (500) square inches is required.
5.The placement or use of carcasses or meat parts thereof is allowed on private property for the purpose of hunting coyote. The placement or use of carcasses, meat, or other parts thereof is prohibited for the purpose of hunting coyote on State lands.
N.The open season for raccoon (Procyon lotor) hunting is from 6:00 P.M. October 1 through the last day in February, inclusive.
1.The daily bag limit on raccoon is unlimited. Bow hunters with a valid deer archery hunting permit may take raccoon during legal deer shooting hours beginning on the first (1st) day of October and ending on the last day of January, inclusive.
a.On Prudence and Patience Islands, the hunting season is limited to the first (1st) day of January through the last day of February, inclusive, with written permission of the landowner. Bow hunters with a valid deer archery permit may take a raccoon on Prudence and Patience Island during the Zone 3 archery deer season legal deer shooting hours.
2.Raccoons may be taken and possessed with the use of a gun, when the taker is accompanied by a dog. No person shall hunt raccoons at night by the use of a rifle larger than a .22 caliber rim fire long rifle or by the use of shotgun shells carrying shot larger than no. 4 shot or by the use of a light other than a kerosene lantern exclusive of the pressure type or a flashlight with more than six (6) cells. No person shall take or attempt to take raccoons by use of a light from a motor vehicle.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.13** Wild Turkey (Meleagris gallopavo) {#sec-250-ricr-60-00-9-9.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.13}
A.Turkey Seasons Dates (all dates inclusive):
1.Paraplegic Spring Turkey Season: The full weekend (Saturday/Sunday) prior to the Thursday Statewide Spring Turkey Season opener.
2.Youth Turkey Season: The Monday through Sunday, inclusive, prior to the Thursday Statewide Spring Turkey Season opener.
3.Statewide Spring Turkey Season: The last Thursday of April extending twenty-five (25) days, inclusive of the Thursday opener.
4.Fall Archery Turkey Season: October 1 to October 31.
B.The Spring Turkey Season bag limit and possession limit is two (2) bearded turkeys.
1.No more than one (1) turkey may be taken on State lands.
C.The Fall Archery Turkey Season bag limit and possession limit is one (1) either sex turkey.
D.A separate turkey permit must be purchased to hunt in each season.
1.Spring Season: A hunter may purchase, possess and use one (1) all lands turkey permit and one (1) private land only turkey permit for the taking of one (1) bearded turkey on each permit.
a.Hunters may take two (2) turkeys on the same day or one (1) each on separate days provided they purchase two (2) spring turkey permits and at least one (1) turkey is taken on private property.
2.Fall Season: A hunter may purchase, possess and use one (1) fall either sex archery turkey permit, valid on both State and private property.
E.Paraplegic Spring Turkey Season:
1.Spring Turkey Permit Required.
2.Hunting in this season will be limited to paraplegic hunters only as evidenced by possession of a permanent disability hunting license.
3.None of the hunter’s assistants will be allowed to hunt or carry firearms at any time.
4.Bag limit is two (2) wild turkeys as described in § 9.13(D)(1) of this Part.
F.Youth Turkey Season:
1.Youth hunters must be twelve (12) to seventeen (17) years of age.
2.Youth hunters must possess a Spring Turkey Permit.
3.Junior hunters (age twelve (12) to fourteen (14)) as defined in § 9.6 of this Part, in possession of a valid Rhode Island Junior Hunting License must hunt in the immediate company of an adult, twenty-one (21) years of age or older, who possesses a current Rhode Island hunting license.
4.An adult may accompany no more than two (2) junior hunters at one (1) time.
5.The accompanying adult is prohibited from carrying a firearm and hunting wild turkey.
6.Firearm youth hunters age fifteen (15) to seventeen (17) must hunt in the company of a qualified adult age twenty-one (21) years or older.
7.Bag limit is two (2) wild turkeys as described in § 9.13(D)(1) of this Part.
G.Shooting hours:
1.Spring season shooting hours are one half (1/2) hour before sunrise to 1:00 P.M. Eastern Daylight Time.
2.Fall season shooting hours are one half (1/2) hour before sunrise until sunset.
H.Authorized firearms and archery equipment: methods of take are limited to shotguns, no larger than ten (10) gauges with shot sizes no larger than four (4); and by archery equipment.
1.Long bow, re-curve bow and compound bow must be set at not less than forty (40) pounds for archers using fixed blade broadheads, and a minimum of fifty (50) pounds for archers using mechanical broadheads.
2.Crossbows must be set at not less than one hundred twenty-five (125) pounds minimum draw weight. The trigger unit must have a working safety.
a.One (1) field point arrow may be carried in the quiver for the safe discharge of the crossbow; the field point arrow must be made distinguishable from broadhead tipped arrows by a color difference.
3.Only broadhead tipped arrows with at least two (2) metal cutting edges are allowed. All broadheads must be seven eighths of one inch (7/8”) or greater at the widest point including mechanical broadheads measured in the “open” position.
4.Only one (1) firearm or archery implement may be possessed in the field per individual hunter, while hunting wild turkey.
5.Possession of a firearm while hunting for turkey during the fall archery season is prohibited.
6.Hunters using archery equipment to take wild turkey must have taken and successfully completed a bow hunter education course.
I.Tagging Requirements: Anyone harvesting a wild turkey must immediately notch the month, day and hour of kill on the printed paper tag. The carcass and notched tag must remain in the possession of the hunter after the kill and while removing the carcass from the field. Should the hunter leave the carcass prior to removal from the field, the notched tag must be attached to and remain with the carcass. After removal from the field, the notched tag must be attached to and remain with the carcass until the carcass is prepared for consumption or taxidermy.
J.Reporting Requirements: The successful harvest of a wild turkey must be reported to DEM within twenty-four (24) hours of the date and time of the harvest. A confirmation number will be issued and must be recorded on the notched tag. The notched tag with confirmation number must remain attached to the carcass until prepared for consumption or taxidermy.
K.The Division retains the right to sample any and all tissues deemed necessary.
L.Prohibited Activities:
1.The use of any unauthorized firearm, live decoy(s), baiting, cooperative drive(s), electric calling devices, or any other devices to capture or ensnare turkeys is prohibited.
2.Stalking or attempting to sneak up on a turkey to get a shot is prohibited.
3.Hunters are prohibited from hunting unless they have a turkey calling device (non-electric) in their possession. Calling is the only legal method for hunting wild turkey. An individual with a valid Rhode Island hunting license may call turkeys for another hunter that possesses a valid turkey permit.
4.No person shall hunt, pursue, shoot, attempt to shoot, or possess any wild turkey unless they possess on their person a valid Rhode Island hunting license and a valid turkey hunting permit.
5.The shooting of any wild turkey while on the roost is prohibited.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.14** Furbearer Trapping {#sec-250-ricr-60-00-9-9.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.14}
A.A current Rhode Island Trapping License is required to trap furbearers.
B.Furbearers are those species listed by R.I. Gen. Laws § 20-16-1.
C.The trapping season for gray fox (Urocyon cinereoargenteus), red fox (Vulpes vulpes), mink (Neogale vison), muskrat (Ondatra zibethicus), opossum (Didelphis virginiana), cottontail rabbit (Sylvilagus floridanus), gray squirrel (Sciurus carolinensis), red squirrel (Tamiasciurus hudsonicus), raccoon (Procyon lotor), skunk (Mephitis mephitis), and weasel (Mustela spp.) is from the first (1st) day in November to the last day in January, inclusive.
1.Traps may not be set, staked, or placed prior to sunrise on opening day.
2.All traps must be removed by the last day of the season.
3.The season bag limit for muskrats is 15.
4.The daily bag limit for mink, opossum, cottontail rabbit, gray squirrel, red squirrel, raccoon, skunk, or weasel is unlimited.
D.Beaver (Castor canadensis) – The trapping season on private land is November 1 to March 14, inclusive. The trapping season for beaver on State Management Areas is December 1 to last day of February inclusive.
1.Bag Limit – The season bag limit for Rhode Island resident trappers is forty (40) beaver. The season bag limit for non-residents is twenty (20) beaver.
a.All beaver pelts must be presented for tagging in accordance with beaver permit requirements and as prescribed by the DEM.
2.All trappers participating in beaver trapping must first obtain both a Special Beaver Trapping Permit (no fee) from the Division of Fish and Wildlife as well as a current Rhode Island Trapping License as prescribed by the DEM.
3.Traps may not be set, staked, or placed prior to sunrise on opening day.
4.Setting traps within ten feet (10’) of a beaver lodge/bank den is prohibited, unless specifically allowed under a nuisance permit issued by the Division.
E.Fisher (Pekania pennanti) – The trapping season is December 1 to 24, inclusive.
1.Bag Limit – The season bag limit is one (1) fisher.
a.All fisher pelts must be presented for tagging, in accordance with fisher permit requirements as prescribed by the DEM.
b.In addition, all fisher carcasses or any part thereof, as determined by the Division, must be turned in to the Rhode Island Division of Fish and Wildlife.
c.No fisher pelts will be tagged without the submission of the carcass or required parts to the Division of Fish and Wildlife.
2.All trappers participating in fisher trapping must first obtain both a Special Fisher Trapping Permit (no fee) from the Division of Fish and Wildlife as well as a current Rhode Island Trapping License as prescribed by the DEM.
3.A fisher trapping log, provided by the Division of Fish and Wildlife, must be completed and returned to the Division of Fish and Wildlife at the close of fisher season in accordance with permit conditions.
a.Failure to submit the trapping log will result in denial of future permits until the completed log is received.
4.The Division of Fish and Wildlife reserves the right to alter the number of permits or the number of fishers harvested at any time.
5.All permittees may be subject to administrative penalties of up to one thousand dollars ($1,000.00) for violation of any of these Regulations pursuant to R.I. Gen. Laws Chapter 42-17.6.
F.Coyote – There is no closed season for trapping on private lands. The trapping season on State lands is November 1 to the last day of February inclusive.
1.The daily bag limit for coyote is unlimited.
2.The use of foothold traps (R.I. Gen. Laws § 20-16-8) or snares (R.I. Gen. Laws § 20-16-6) is prohibited. All other general trapping Regulations apply.
G.Body gripping (e.g., "Conibear”) type traps with a jaw spread up to but not exceeding six and one half inches (6.5”) as measured from hinge to hinge, are permitted on land or in water. Body gripping traps with a jaw spread larger than six and one half inches (6.5”) but not exceeding eight inches (8”) are permitted only if the trap is completely submerged in water in a vertical position or placed at least six feet (6’) above the surface of water or ground (i.e., pole or tree sets). All other body-gripping type traps with a jaw spread exceeding eight inches (8”) are prohibited.
1.For the taking of beaver, the use of body-gripping (e.g., "Conibear”) type traps with a jaw spread up to but not exceeding ten inches (10”) as measured from hinge to hinge is permitted. Such traps must be set completely submerged underwater and in a vertical position.
2.For the taking of weasels and squirrels, the use of rat or mouse-sized body gripping (i.e., "snap traps") are permitted. Such traps must be set in artificial cubbies.
H.State Lands Trapping
1.A Permit to Trap State Management Areas is required to trap on DEM management areas, in addition to a current Rhode Island trapping license. Permits are available (no fee) from the Division of Fish and Wildlife.
2.The use of body-gripping (e.g. “Conibear”) type traps or “box” (i.e. live) traps are permitted on State lands as specified. Body-gripping traps, with a jaw spread up to but not exceeding six and one half inches (6.5”) as measured from hinge to hinge are permitted only if such traps are used in sets where all or a portion of the trap is in contact with or submerged in water or placed no less than six feet (6’) above the surface of the ground. The use of body gripping traps with a jaw spread exceeding six and one half inches (6.5”) but not more than ten inches (10”) are only permitted if such traps are set completely submerged in water in a vertical position.
I.All traps must have the valid license number of the trapper embedded or cut into the trap, or a metal tag attached to the trap which, as a minimum, bears the owners trapping license number as designated in R.I. Gen. Laws § 20-16-7.
J.There is no open season on bobcat (Lynx rufus) or river otter (Lontra canadensis).
K.Possession, at any time, of a pelt or carcass of an otter, fisher, bobcat, or beaver that has not been tagged by an approved State or Federal agency is prima facie evidence of illegal taking. Otter or bobcat taken under R.I. Gen. Laws §§ 20-16-2, 20-16-8 or otherwise, shall not be tagged for personal use or ownership and must be presented to the Division of Fish and Wildlife or the Division of Law Enforcement within twenty-four (24) hours of taking.
L.It is unlawful to take or possess a road-killed furbearer (R.I. Gen. Laws § 20-16-1) unless with possession of a current Rhode Island trapping license and the furbearer is taken during the open season for the species, or as provided for under the provisions of a current Rhode Island Scientific Collector’s Permit (R.I. Gen. Laws § 20-1-18) or Salvage Permit (250-RICR-60-00-14). Exceptions may be granted at the discretion of the Division.
M.The translocation of protected furbearers (R.I. Gen. Laws § 20-16-1) is prohibited without prior written approval of the Division of Fish and Wildlife.
N.The use of “species specific” type traps as described in § 9.6 of this Part, is permitted for trapping furbearers on private and State lands. A legal species specific trap is characterized by all of the following:
1.Triggering and restraining mechanisms are enclosed within a housing.
2.Triggering and restraining mechanisms are only accessible through a single opening when set.
3.The access opening does not exceed two inches (2”) in diameter.
4.The triggering mechanism can only be activated by a pulling force.
5.A swivel mounted anchoring system.
O.The use of deadfalls, pitfalls, fish hooks, treble hooks, or other similarly sharpened instruments to catch, capture, or injure furbearers is prohibited.
P.For any non-lethal method of take, trapped animals must either be released alive or humanely dispatched at the site of capture. Trappers in possession of a valid and current RI hunting or trapping license may carry a rim fire rifle, or an air rifle not larger than .22 caliber onto state management areas for the express purpose of the humane dispatch of trapped animals. The use of firearms for humane dispatch must comply with all state laws including R.I. Gen. Laws Chapter 20-3.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.15** Reptiles and Amphibians {#sec-250-ricr-60-00-9-9.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.15}
A.A current Rhode Island Fishing, Hunting or Trapping License is required to take reptiles and amphibians. All hunters using archery equipment to take reptiles and amphibians must have a valid hunting license and have successfully completed a bow hunter education course.
B.The only species of reptiles and amphibians for which there is an open season are snapping turtle (Chelydra serpentina), green frog (Lithobates clamitans), and bullfrog (Lithobates catesbeianus). The possession, removal from the wild, or killing, for any purpose, of any other native reptile or amphibian to include their nests and eggs is prohibited except by special permit.
C.The snapping turtle season is closed May 15 – July 15, inclusive.
1.The season bag limit is six (6) snapping turtles.
2.The taking of snapping turtles is restricted to turtles with a minimum straight-line carapace length of thirteen inches (13”).
3.Snapping turtles with a carapace length less than thirteen inches (13”) shall be immediately released alive into the waters from which they were taken.
4.Legal snapping turtles shall be immediately killed and reduced to possession.
5.Take is only by the following methods: turtle traps, hand, hand-held dip nets, snagging, or bow and arrow.
6.Turtle traps must be set in a manner that allows all turtles within, access to the surface to breathe air. Turtle traps must have a metal tag attached, which, at a minimum, bears the trapper’s name and address. Traps must be checked every twenty-four (24) hours and any non-target species must be immediately released at the location where the trap was set.
7.The taking of snapping turtles for commercial purposes is prohibited.
D.The green frog and bullfrog season is closed June 1 – July 31, inclusive.
1.The daily bag limit is twenty (20) frogs (both species combined).
2.Legal green frogs and bullfrogs shall be immediately killed and reduced to possession.
3.Take is only by the following methods: hand, hand-held dip nets, spearing, hook and line, or bow and arrow.
E.For any non-lethal method of take, trapped animals must either be released alive into the waters from which they were taken, or humanely dispatched at the site of capture with an active, and valid trapping or hunting license.
F.The following species of reptiles and amphibians to include their nests and eggs are protected and possession without permit is prohibited at all times: American toad (Anaxyrus americanus); eastern red-backed salamander (Plethodon cinereus); eastern spadefoot (Scaphiopus holbrookii); four-toed salamander (Hemidactylium scutatum); Fowler’s toad (Anaxyrus fowleri); gray treefrog (Hyla versicolor); marbled salamander (Ambystoma opacum); northern dusky salamander (Desmognathus fuscus); northern leopard frog (Lithobates pipiens); spring salamander (Gyrinophilus porphyriticus); northern two-lined salamander (Eurycea bislineata); pickerel frog (Lithobates palustris); eastern newt (Notophthalmus viridescens); spotted salamander (Ambystoma maculatum); spring peeper (Pseudacris crucifer); wood frog (Lithobates sylvatica); eastern box turtle (Terrapene carolina); eastern musk turtle (Sternotherus odoratus); painted turtle (Chrysemys picta); diamond-backed terrapin (Malaclemys terrapin); spotted turtle (Clemmys guttata); wood turtle (Glyptemys insculpta); eastern ribbonsnake (Thamnophis sauritus); northern watersnake (Nerodia sipedon ); common gartersnake (Thamnophis sirtalis ); eastern hog-nosed snake (Heterodon platirhinos); milksnake (Lampropeltis triangulum); eastern ratsnake (Pantherophis alleghaniensis); common wormsnake (Carphophis amoenus); North American racer (Coluber constrictor); Dekay’s brownsnake (Storeria dekayi); red-bellied snake (Storeria occipitomaculata); ring-necked snake (Diadophis punctatus); smooth greensnake (Opheodrys vernalis); timber rattlesnake (Crotalus horridus).
G.The release into the wild of any non-native reptile or amphibian is prohibited.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.16** Management Areas {#sec-250-ricr-60-00-9-9.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.16}
A.The possession of a valid Rhode Island hunting, or combination hunting and fishing license, serves as the permit to hunt public reservations and undeveloped State parks where hunting is allowed, and Tidal Lands pursuant to R.I. Gen. Laws Titles 20 and 18, and R.I. Gen. Laws §§ 20-18-2 and 20-18-3.
B.Possession of a firearm or archery equipment is prohibited on public reservations, unless the person is duly licensed to hunt, is engaged in authorized hunting activity and is in possession of a firearm or archery equipment authorized pursuant to the governing Department of Environmental Management Hunting Regulations for the specific hunting activity in which the person is engaged.
C.Target shooting is prohibited on Public Management Areas except in designated areas.
D.Hunters must check in and out of State Management Area hunter check stations and present all small game harvested for inspection each day they are open during the upland game season when pursuing small game as prescribed by the DEM. Check station dates will be listed in the current Hunting Season Abstract.
1.At the discretion of the Division of Fish and Wildlife, management areas may be closed to pheasant hunting for pheasant stocking at noon until sunset on Tuesdays and Fridays from the Friday prior to the third (3rd) Saturday in October through the Friday prior to Thanksgiving Day; the Wednesday before Thanksgiving Day; and Fridays in December.
D.From the period April 1 through August 15 (inclusive), annually, the following areas are closed to entry: Dyer Island, Hope Island and Gould Island. During this time period, no person is allowed to enter these areas without official written permission from the Director. During this time period, disturbing or molesting any nesting birds at these areas is prohibited.
1.All cats, dogs, and other domestic animals are prohibited at all times at Dutch Island, Dyer Island, Gould Island, Hope Island, and Patience Island; except that hunting dogs may be used at Hope Island while hunting small game or migratory birds only during the open seasons set by the Department, and hunting dogs maybe be used at Patience and Dyer Islands while hunting waterfowl only during the open seasons set by the Department.
E.No person shall engage in any activity that interferes with or interrupts lawful hunting or trapping on any lands open to public hunting and trapping.
F.All users of State Management Areas and undeveloped State Parks are required to wear solid daylight fluorescent orange during appropriate seasons, as defined within this Title.
G.A hunting license is required when training dogs on wild game on State management areas, except when participating in State-sanctioned field trials.
1.All dogs being utilized in hunting or training activities must wear a collar bearing the name and address of the owner and the handler must possess a valid dog license or tag, said license or tag does not need to be on the dog.
H.Complete dressing of game birds and mammals on State property is prohibited. Field dressing (removal of entrails only) is permitted. Head, skin, feathers, wings, tails, etc., must remain attached to the carcass. Except that, hunters wishing to quarter deer for ease of transport out of the field may do so in accordance with these Regulations.
I.Sapowet Marsh and Eight Rod Farm Management Area: Sunday hunting is permitted within Sapowet Marsh and Eight Rod Farm Management Areas. Shotgun and muzzleloader deer hunting is not permitted at Sapowet Marsh Management Area.
J.George Washington Grove: Designated as an undeveloped State Park and is open to hunting.
K.Galilee Bird Sanctuary: Open to hunting. Deer hunting is limited to archery only.
L.Snake Den State Park: Designated as an undeveloped State Park and is open to archery deer hunting only. All hunting must be within the boundaries marked by the Department.
M.Cocumcussoc State Park: Designated as an undeveloped State Park and is open to hunting deer, turkey and small game.
N.South Shore Management Area (SSMA) Goose Hunting Cooperative: Designated as a goose hunting area. SSMA is composed of State-owned Areas 3, 4, 5 and 6, Federally-owned Area 1 and South Kingstown Land Trust owned Area 2. Hunting in addition to geese is allowed as outlined below:
1.Permits:
a.Permit required for goose hunting during the Regular Goose Season. See abstract for details.
b.SSMA permits must be carried while waterfowl hunting on the SSMA and must be shown to any DEM Environmental Police Officer or Division of Fish and Wildlife employee upon request.
c.All party members must have a permit and must be registered when reserving and hunting afield.
d.No hunting party shall exceed four (4) hunters.
e.Permittees may only hunt in the field reserved for their party.
2.Reservations required as prescribed by the DEM.
a.The Division reserves the right to close some fields for periods of time in an effort to relieve the field(s) from hunting pressure and improve hunting opportunities, and for special State sponsored hunter recruitment events.
3.Blinds:
a.Portable blinds, nets, tarps, or similar forms of concealment are permitted. The use of natural vegetation to build blinds is also permitted, however removal of stones from walls or vegetation from hedgerows is prohibited.
b.Pit Blinds: Pits may not be dug. Pit blinds are available in State-owned Areas (3, 4, 5, and 6) and Federally-owned Area 1.
c.Handicapped accessible blind is located in Field 5.
4.Decoys: A minimum of twelve (12) life size or oversize goose decoys are required on premises; however, hunters may choose to use fewer decoys while hunting.
5.Shot:
a.No person shall take waterfowl while possessing shells loaded with any shot other than steel shot, or other legally approved non-toxic shot as described in § 9.11(L) of this Part.
b.Non-toxic shot larger than BB is prohibited, including duplex loads containing shot larger than BB.
c.Non-toxic shot is required for all hunting, including doves in SSMA Area 1, owned by the United States Fish and Wildlife Service per Federal Regulations.
6.Vehicles:
a.Vehicles may park in designated areas only.
b.Overnight parking is prohibited in designated areas.
c.Vehicles may not drive into or along the edge of any field for any reason. Except in an emergency, e.g., accident or injury or as provided in § 9.16(N)(8)(b) of this Part.
7.Accessibility program for waterfowl hunters who are handicapped:
a.Vehicles may be driven into the field to transport a handicapped hunter and their equipment only when field conditions are conducive (i.e., not during and after heavy rain when the field conditions are very muddy).
b.This program will be limited to paraplegic hunters only as evidenced by possession of a permanent disability hunting license.
c.All Regulations for hunting geese in the SSMA shall apply.
8.Prohibited: littering; fires; destruction of fencing, equipment, farm property, or standing crops; possession or use of alcoholic beverages; shooting within five hundred feet (500’) of an occupied building; shooting near or otherwise disturbing persons working in the area; urinating or defecating in pit blinds.
9.Additional Hunting Regulations:
a.Dove hunting is allowed in Area 1, 3, 5, and 6, except during the regular goose season. Doves may be taken by permitted goose hunters while goose hunting when the blind reservation system is in place during the open mourning dove season. Possession of lead shot for taking doves when goose hunting is prohibited and prohibited at all times in Area 1 per § 9.16(N)(6)(c) of this Part.
b.Small game and upland bird hunting is allowed only in Areas 5 and 6 during the upland game season except during the regular Canada Goose season.
c.All small game and upland bird hunting is prohibited during the regular Canada Goose season, including during Youth Waterfowl Season(last full weekend in October, Saturday/Sunday, and the following Monday) except as provided for in § 9.16(N)(9)(a) of this Part.
d.Waterfowl hunting is allowed outside of the regular Canada Goose season but within legal waterfowl seasons without special hunting permits, reservations, or decoy restrictions, once fields are harvested.
e.The taking of ducks during the legal duck seasons is permitted while goose hunting under the Regulations.
f.Deer and turkey hunting is allowed as follows, but discharge of firearms and archery equipment are only allowed within in the wooded section of the Areas; however, deer and turkey may be in the field when harvested.
1.Deer hunting during the archery season is allowed only in Areas 3, 5, and 6, including during the regular Canada Goose season when the field reservation system is occurring.
2.Deer hunting during the muzzleloader season is allowed in Areas 5 and 6, except during the regular Canada Goose season when the blind reservation system is occurring.
3.Turkey hunting is allowed in Areas 3, 5 and 6 during the spring and fall turkey seasons.
10.Violations of any Regulations, State management area Regulations, and/or any State or Federal hunting laws will result in loss of hunting privileges on the SSMA for a period of one (1) year, beginning from the date of the violation.
O.Burlingame State Park North Camp
1.Burlingame State Park "North Camp" hunting area is defined as the area bounded by Poquiant Brook, Watchaug Pond, Buckeye Brook Road and Kings Factory Road.
2.No special permit is required.
3.Hunting for deer and wild turkey only is permitted. All other deer and turkey hunting Regulations apply.
P.John L. Curran State Park
1.Designated as an undeveloped State Park and is open to hunting. All hunting shall be within the inner boundaries of the buffer zones marked as posted by the RIDEM.
2.Only shotguns and archery equipment may be possessed or used while hunting.
3.The hunting of and/or possession of mourning dove or wild pigeons (Rock Dove) is prohibited.
Q.Ninigret Conservation Area/East Beach: Designated as an Undeveloped State Park and is open for hunting from October 1st through the last day in February, except that, deer hunting is open for archery September 15th through the end of archery deer season. No firearm deer hunting allowed.
R.Simmons Mill Pond Management Area: Deer hunting using archery, muzzleloader and shotgun is permitted while hunting within the Simmons Mill Pond Management Area in Little Compton. Sunday hunting is permitted.
S.Hillsdale Management Area: Hunting is prohibited.
T.Dog Training Areas
1.Dog training shall be allowed on designated areas only, between January 1st and September 30th. During this period, dogs may run freely provided they are under the command of the trainer by voice, training collar, or check cord.
a.Areas designated for training dogs are: the Black Farm Management Area: the Nicholas Farm Management Area north of the Trestle Train; and the Arcadia Midway Trail Area confined to the developed field complex east of Brook Trail, south of Austin Farm Road and west of the established field edges comprising the Midway fields area.
b.Training hours shall be sunrise to sunset.
c.All persons using areas for dog training shall possess a valid hunting license.
d.All dogs using areas shall be licensed and have proof of rabies vaccinations and all dogs being utilized in hunting or training activities must wear a collar bearing the name and address of the owner and handler must possess a valid dog license tag.
e.Training with live birds is permitted provided the bird is released unharmed.
f.Shooting of live birds for training purposes is prohibited.
g.Sanctioned field trail events may be held at the following locations by requesting a Special Use Permit application from the State Lands Management Council: Arcadia, Carolina, Durfee Hill Marsh, and Burlingame (Durfee) Pond, and Nicholas Farm.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.17** General {#sec-250-ricr-60-00-9-9.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.17}
A.A valid hunting license is required for any State designated hunting season.
B.Taking of moose (Alces alces), black bear (Ursus americanus), bobcat (Lynx rufus), or any other species for which there is no promulgated season by any method is prohibited except as provided under special permit issued by the Director of the Department of Environmental Management.
C.The importation, exportation, possession, liberation, rehabilitation or sale, offer for sale, barter, or offer for barter of mute swans and their eggs is prohibited, except by special permit issued by the Director of the Department of Environmental Management or his/her designee.
D.The importation, exportation, possession, liberation, or sale, offer for sale, barter, or offer for barter of any live or pen-reared wild turkey, including hybrids that are the product of mating domestic breeds of turkeys with wild turkeys, or eggs of a wild turkey including egg that are the produced from mating domestic breeds with wild turkeys is prohibited. The possession of any dead untagged wild turkey is prohibited.
E.Wanton Waste – No person shall kill or cripple any game species pursuant to these Regulations without making a reasonable effort to retrieve the animal and retain it in his/her actual custody.
F.There is no closed season for monk parakeets (Myiopsitta monachus), rock dove (Columbia livia), house sparrow (Passer domesticus), or European starling (Sturnus vulgaris).
G.Fluorescent orange requirement: fluorescent orange safety clothing is required during the hunting season statewide for all hunters. To meet this requirement, safety clothing must be solid daylight fluorescent orange. Fluorescent camouflage does not meet this requirement. The orange must be worn above the waist and be visible in all directions. Examples that meet the orange requirements are a hat that covers two hundred (200) square inches or combination of hat and vest covering five hundred (500) square inches. The following orange requirements apply:
1.Two hundred (200) square inches by small game hunters during the small game season.
2.Two hundred (200) square inches by fall turkey hunters while traveling.
3.Two hundred (200) square inches by muzzleloader deer hunters during muzzleloader deer season.
4.Two hundred (200) square inches by archery deer hunters when traveling to/from an elevated stand during the muzzleloader deer season. Once in an elevated stand, archery deer hunters are exempt from the orange requirement during the muzzleloader deer season.
5.Five hundred (500) square inches by all hunters and other users (including archers) during shotgun deer seasons.
6.Those hunters using pop-up blinds during the firearms deer season must display two hundred (200) square inches of fluorescent orange visible on the outside of the blind from all directions. Hunters must also wear orange in accordance with the Rules for the specific seasons while in the blind.
7.Exempt from fluorescent orange requirements are:
a.Waterfowl hunters hunting from a boat or blind, over water or field, when done in conjunction with decoys
b.Archery deer hunters (except during muzzleloader and shotgun deer season)
c.Hunters crow hunting over decoys
d.Spring turkey hunters
e.First segment mourning dove hunters
f.All users in areas limited to Archery only by Regulation
g.Raccoon hunters when hunting at night
H.Shooting at any animal at any time, while such animal is on a telephone line, pole, or tower, or electric line, pole, or tower, or any communication device is prohibited.
I.It is prohibited to import or possess game birds for the purpose of liberation or stocking of said game birds into the State of Rhode Island without first having received a permit to do so from the Department. Imported game birds shall comply with all requirements set forth in Part 40-05-1 of this Title, the Rules and Regulations Governing the Importation of Domestic Animals. Persons holding a shooting preserve license and/or game propagation permit may liberate game birds in connection with field trials and shooting preserves (see R.I. Gen. Laws §§ 20-2-16.1, 20-2-29, 20-17-1 through 20-17-11, 20-19-2, and 20-19-3).
J.Feeding and baiting wildlife, including the leaving out of food of any kind where accessible to wildlife, is not permitted at any time for any purposes except:
1.Under a license or permit issued by the Department pursuant to R.I. Gen. Laws § 20-1-18 for bona fide scientific research;
2.By planting, cultivating, or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots;
3.By distribution of food material for livestock directly associated with bona fide agricultural practices; by distribution of food material for legally possessed captive wildlife, pursuant to a permit;
4.By cutting of trees or brush; or
5.Elevated bird/squirrel feeders providing seed, grain, fruit, worms or suet for birds or squirrels located within one hundred feet (100’) of an occupied dwelling.
6.The placement or use of carcasses or meat parts thereof is allowed on private property for the purpose of hunting coyote. The placement or use of carcasses or meat parts thereof is prohibited for the purpose of hunting coyote on State lands.
7.For baiting of furbearers as associated with legal trapping activities in accordance with these Regulations.
K.It is unlawful to carry or have in a vehicle or conveyance a loaded firearm, or archery equipment with a nocked arrow, outside legal shooting hours. Provided the hunter is stationary, his/her firearm or archery equipment may be loaded no more than fifteen (15) minutes before the start of legal shooting hours. Firearms and archery equipment must be unloaded immediately at the end of legal shooting hours.
L.The use of drones or other remotely operated unmanned aircraft systems and devices to drive or disturb wildlife or aid in the take and/or recovery of wildlife for the purpose of hunting is prohibited.
M.The use or possession of laser sights that project a beam, infrared or night vision equipment is prohibited to hunt, recover, take or while in the possession of any harvested wildlife.
N.All hunters must have taken and successfully completed a bow hunter education class to hunt with archery equipment.
O.Pursuant to R.I. Gen. Laws § 11-47-9.1, a law enforcement officer is authorized to possess a loaded firearm, including a concealed firearm, while in or upon any part of a Public Reservation except when engaged in authorized hunting activities when possessing any firearm other than the authorized firearm or archery equipment allowed pursuant to the governing RIDEM Hunting Regulation for the specific hunting activity is prohibited.
P.A person is authorized to possess blank guns for the purpose of dog training in designated areas pursuant to § 9.16(T) of this Part from January 1st to September 30th.
Q.Organized wildlife killing contests that involve entry fees or monetary prize rewards, and where animal carcasses pelts and or meat are not utilized, or that result in wanton waste are prohibited.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.18** Special Regulation – State Waterfowl Stamp {#sec-250-ricr-60-00-9-9.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.18}
A.All waterfowl hunters sixteen (16) years of age and older are required by law to purchase a Rhode Island State Waterfowl stamp as well as a Federal Duck Stamp.
B.Annual State Waterfowl stamps shall be available for a set price (R.I. Gen. Laws § 20-2-37). at participating vendors.
1.State waterfowl stamp certifications issued through the web-based online licensing system need not be signed.
2.Physical stamps obtained from the Division of Fish and Wildlife must be signed by the hunter across the face of the stamp and carried at all times when hunting.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.19** Special Regulation – Guide Permit {#sec-250-ricr-60-00-9-9.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.19}
A.No person shall engage in the business of guiding without first obtaining a guide permit from the DEM.
B.Eligibility: To obtain a guide permit, guides must apply to DEM on forms prescribed by the Director. The following information must be submitted with a completed application form:
1.Proof of being 21 years of age or older.
2.A copy of a current Rhode Island hunting license.
3.Proof of having completed a hunter education course as required by the guided party(s).
4.A copy of a valid CPR and First Aid certification.
C.Any person applying for a guide permit in which they intend to take persons on a vessel must submit the following additional information:
1.A current copy of the operator's United States Coast Guard license to carry passengers for hire.
2.A current copy of the vessel's "Certificate of Documentation" certifying that the vessel is documented "Coastwise", or if the vessel is under five (5) net tons, a copy of the vessel's State registration.
3.Proof that the operator and crew are currently enrolled in a random drug testing program that complies with the Federal Government's 46 C.F.R. § 16.101 et seq. "Drug Testing Program" Regulations.
D.All initial applicants applying for a guide permit must take an in person written examination administered by the DEM. A person must attain a passing grade of 80 percent.
1.A person who fails the written examination may retake the examination one additional time after sixty (60) days but not again for one (1) year if failing to pass the test the second time.
E.Applications for guide permits may be denied when:
1.The applicant has been convicted of a hunting, trapping or fishing violation or currently has a disposition filed before a state, federal or municipal court or administrative tribunal of competent jurisdiction anywhere in the United States or Canada within three (3) years preceding the application date.
2.The applicant fails to provide all required information on the application and all additional information required above or to provide truthful information.
F.Guide permits shall be valid March 1st through midnight of the last day of February. Permits must be renewed annually and are only valid after receipt of a completed renewal application. Permits that are not renewed after a period of 5 years shall be considered inactive. Applicants who have allowed their permit to become inactive must reapply for a new permit.
G.All persons possessing a guide permit are required to complete and submit harvest reports, established by DEM, by no later than the last day in March annually. In each year(s) when no guided hunts occurred, one (1) report stating such must be submitted.
H.Additional requirements:
1.Guides must ensure that all persons in their hunting party are in compliance with all federal and state license, permit, stamp, and equipment requirements as outlined in these Regulations when hunters are under guiding services.
2.Guides must ensure that all persons in their hunting party are in compliance with daily bag limits and possession limits outlined in these Regulations when hunters are under guiding services.
3.When guiding waterfowl hunts with multiple clients, guides must ensure harvested birds are maintained in the hunter’s custody or are immediately separated and/or tagged so that each bird (or group of birds) is clearly attributable to the individual hunter (client) who harvested it.
4.All guides and mates are considered to be hunting in coordination with the hunting party and therefore count towards the total party number which is limited to five (5) per RIGL 20-13-11.
I.Revocation Criteria:
1.Applications and or permits for guides may be denied, revoked or suspended when:
a.The applicant or permittee has been convicted of any state or federal hunting, trapping or fishing violation in any state.
b.The applicant or permittee failed to provide all required information on the application or to provide truthful information.
c.The failure of the permittee to ensure that all persons in their hunting party are in compliance with all federal and state license, permit, stamp, and equipment requirements.
d.The failure of the permittee to ensure that all persons in their hunting party are in compliance with daily bag limits and possession limits outlined in these Regulations.
e.A guided client violates laws under R.I. Gen. Laws § Title 20, or regulations in this Part, and the violation is not immediately reported to a DEM environmental police officer by the guide.
f.An applicant fails to submit their annual reports with an active guiding permit (including non-guiding years) prior to applying for a renewal.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-9 § 9.20** Licenses Suspension {#sec-250-ricr-60-00-9-9.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-9#9.20}
A.Any person who is convicted of violating any provision of R.I. Gen. Laws Title 20 or any Rule or Regulation issued pursuant thereto, in this Chapter, may have license(s) to fish, hunt, and or trap, suspended by order of the Director, or his/her designee, for the period set forth in the following schedule:
1.First violation - suspended for up to a period of one (1) year;
2.Second violation - suspended for up to a period of two (2) years;
3.Third violation and succeeding violations - suspended for up to a period of three (3) years.
B.No new license shall be issued to any person whose license has been suspended during the period set forth.
C.Any person aggrieved by an order of suspended may appeal therefrom in accordance with the provisions of the R.I. Gen. Laws Chapter 42-35.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2025-03-25 to 07/14/2025*
- *Amendment — effective from 2024-08-08 to 03/25/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Amendment — effective from 2023-06-28 to 08/02/2023*
- *Amendment — effective from 2022-07-31 to 06/28/2023*
- *Periodic Refile — effective from 2022-01-04 to 07/31/2022*
- *Amendment — effective from 2021-11-17 to 01/04/2022*
- *Amendment — effective from 2021-07-31 to 11/17/2021*
- *Amendment — effective from 2020-08-02 to 07/31/2021*
- *Amendment — effective from 2019-08-22 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 08/22/2019*
- *Technical Revision — effective from 2018-07-31 to 07/31/2019*
- *Adoption — effective from 2018-07-31 to 07/31/2018*
- *Amendment — effective from 2018-04-01 to 07/31/2018*
- *Technical Revision — effective from 2017-07-31 to 04/01/2018*
- *Technical Revision — effective from 2017-07-31 to 07/31/2017*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Technical Revision — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2016*
- *Technical Revision — effective from 2015-08-06 to 07/31/2016*
- *Adoption — effective from 2015-08-06 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 08/06/2015*
- *Technical Revision — effective from 2013-08-15 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2012-08-21 to 08/21/2012*
- *Amendment — effective from 2012-08-21 to 08/21/2012*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Technical Revision — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/26/2010*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Technical Revision — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2008-08-27 to 08/27/2008*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Technical Revision — effective from 2006-08-17 to 08/02/2007*
- *Adoption — effective from 2006-08-17 to 08/17/2006*
- *Adoption — effective from 2005-08-17 to 08/17/2006*
- *Technical Revision — effective from 2004-10-07 to 08/17/2005*
- *Amendment — effective from 2004-10-07 to 10/07/2004*
- *Adoption — effective from 2004-08-10 to 10/07/2004*
- *EMERGENCY RULE Adoption — effective from 2003-11-18 to 08/10/2004*
- *Adoption — effective from 2003-08-27 to 11/18/2003*
- *Technical Revision — effective from 2002-11-05 to 08/27/2003*
- *Technical Revision — effective from 2002-10-09 to 11/05/2002*
- *Technical Revision — effective from 2002-08-23 to 10/09/2002*
- *Adoption — effective from 2002-08-15 to 08/23/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
#### **250-RICR-60-00-10** Freshwater Fishing Regulations
##### **250-RICR-60-00-10 § 10.1** Purpose {#sec-250-ricr-60-00-10-10.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-10#10.1}
A.The purpose of these Rules and Regulations is to regulate freshwater fishing seasons and bag limits annually.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2024-08-08 to 07/14/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Periodic Refile — effective from 2022-01-04 to 08/02/2023*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *EMERGENCY RULE Amendment — effective from 2021-03-25 to 07/31/2021*
- *Amendment — effective from 2020-08-02 to 03/25/2021*
- *EMERGENCY RULE Amendment — effective from 2020-04-06 to 05/03/2020*
- *Amendment — effective from 2020-02-17 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 02/17/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2015-08-06 to 07/31/2016*
- *Amendment — effective from 2015-07-08 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 07/08/2015*
- *Amendment — effective from 2014-01-08 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 01/08/2014*
- *Amendment — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Adoption — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Adoption — effective from 2006-07-27 to 08/02/2007*
- *EMERGENCY RULE Amendment — effective from 2006-05-22 to 07/27/2006*
- *EMERGENCY RULE Adoption — effective from 2006-03-22 to 07/20/2006*
- *Adoption — effective from 2005-08-04 to 07/27/2006*
- *Adoption — effective from 2004-08-10 to 08/04/2005*
- *Adoption — effective from 2003-08-27 to 08/10/2004*
- *Adoption — effective from 2002-08-15 to 08/27/2003*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-10 § 10.2** Authority {#sec-250-ricr-60-00-10-10.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-10#10.2}
A.These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws §§ 20-1-12 and 20-1-13, as well as R.I. Gen. Laws Chapters 42-17.1 and 42-17.6, in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures Act.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2024-08-08 to 07/14/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Periodic Refile — effective from 2022-01-04 to 08/02/2023*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *EMERGENCY RULE Amendment — effective from 2021-03-25 to 07/31/2021*
- *Amendment — effective from 2020-08-02 to 03/25/2021*
- *EMERGENCY RULE Amendment — effective from 2020-04-06 to 05/03/2020*
- *Amendment — effective from 2020-02-17 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 02/17/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2015-08-06 to 07/31/2016*
- *Amendment — effective from 2015-07-08 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 07/08/2015*
- *Amendment — effective from 2014-01-08 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 01/08/2014*
- *Amendment — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Adoption — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Adoption — effective from 2006-07-27 to 08/02/2007*
- *EMERGENCY RULE Amendment — effective from 2006-05-22 to 07/27/2006*
- *EMERGENCY RULE Adoption — effective from 2006-03-22 to 07/20/2006*
- *Adoption — effective from 2005-08-04 to 07/27/2006*
- *Adoption — effective from 2004-08-10 to 08/04/2005*
- *Adoption — effective from 2003-08-27 to 08/10/2004*
- *Adoption — effective from 2002-08-15 to 08/27/2003*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-10 § 10.3** Repealed {#sec-250-ricr-60-00-10-10.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-10#10.3}
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2024-08-08 to 07/14/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Periodic Refile — effective from 2022-01-04 to 08/02/2023*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *EMERGENCY RULE Amendment — effective from 2021-03-25 to 07/31/2021*
- *Amendment — effective from 2020-08-02 to 03/25/2021*
- *EMERGENCY RULE Amendment — effective from 2020-04-06 to 05/03/2020*
- *Amendment — effective from 2020-02-17 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 02/17/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2015-08-06 to 07/31/2016*
- *Amendment — effective from 2015-07-08 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 07/08/2015*
- *Amendment — effective from 2014-01-08 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 01/08/2014*
- *Amendment — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Adoption — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Adoption — effective from 2006-07-27 to 08/02/2007*
- *EMERGENCY RULE Amendment — effective from 2006-05-22 to 07/27/2006*
- *EMERGENCY RULE Adoption — effective from 2006-03-22 to 07/20/2006*
- *Adoption — effective from 2005-08-04 to 07/27/2006*
- *Adoption — effective from 2004-08-10 to 08/04/2005*
- *Adoption — effective from 2003-08-27 to 08/10/2004*
- *Adoption — effective from 2002-08-15 to 08/27/2003*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-10 § 10.4** Repealed {#sec-250-ricr-60-00-10-10.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-10#10.4}
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2024-08-08 to 07/14/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Periodic Refile — effective from 2022-01-04 to 08/02/2023*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *EMERGENCY RULE Amendment — effective from 2021-03-25 to 07/31/2021*
- *Amendment — effective from 2020-08-02 to 03/25/2021*
- *EMERGENCY RULE Amendment — effective from 2020-04-06 to 05/03/2020*
- *Amendment — effective from 2020-02-17 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 02/17/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2015-08-06 to 07/31/2016*
- *Amendment — effective from 2015-07-08 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 07/08/2015*
- *Amendment — effective from 2014-01-08 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 01/08/2014*
- *Amendment — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Adoption — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Adoption — effective from 2006-07-27 to 08/02/2007*
- *EMERGENCY RULE Amendment — effective from 2006-05-22 to 07/27/2006*
- *EMERGENCY RULE Adoption — effective from 2006-03-22 to 07/20/2006*
- *Adoption — effective from 2005-08-04 to 07/27/2006*
- *Adoption — effective from 2004-08-10 to 08/04/2005*
- *Adoption — effective from 2003-08-27 to 08/10/2004*
- *Adoption — effective from 2002-08-15 to 08/27/2003*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-10 § 10.5** Repealed {#sec-250-ricr-60-00-10-10.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-10#10.5}
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2024-08-08 to 07/14/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Periodic Refile — effective from 2022-01-04 to 08/02/2023*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *EMERGENCY RULE Amendment — effective from 2021-03-25 to 07/31/2021*
- *Amendment — effective from 2020-08-02 to 03/25/2021*
- *EMERGENCY RULE Amendment — effective from 2020-04-06 to 05/03/2020*
- *Amendment — effective from 2020-02-17 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 02/17/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2015-08-06 to 07/31/2016*
- *Amendment — effective from 2015-07-08 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 07/08/2015*
- *Amendment — effective from 2014-01-08 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 01/08/2014*
- *Amendment — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Adoption — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Adoption — effective from 2006-07-27 to 08/02/2007*
- *EMERGENCY RULE Amendment — effective from 2006-05-22 to 07/27/2006*
- *EMERGENCY RULE Adoption — effective from 2006-03-22 to 07/20/2006*
- *Adoption — effective from 2005-08-04 to 07/27/2006*
- *Adoption — effective from 2004-08-10 to 08/04/2005*
- *Adoption — effective from 2003-08-27 to 08/10/2004*
- *Adoption — effective from 2002-08-15 to 08/27/2003*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-10 § 10.6** Regulations {#sec-250-ricr-60-00-10-10.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-10#10.6}
10.6.1Freshwater Fisheries Regulations
A.As Follows:
1.The open season on all species of trout, salmon, and charr shall close annually on the last day of February at midnight and shall commence at 6:00 AM on the second (2nd) Saturday in April annually. From the second 2nd) Saturday in April through November 30th annually, the daily creel and possession limits for trout shall be five (5) fish; and from December 1st through the last day in February, annually, the daily creel and possession limits for trout shall be two (2) fish. All designated trout waters (§ 10.6.1(A)(16) of this Part) shall be closed to all fishing from the last day of February at midnight and shall commence at 6:00 AM on the second (2nd) Saturday in April annually, unless otherwise designated. Possession of trout, salmon, or charr taken from any waters of the State during the closure shall be prohibited.
a.Free Fishing Days: A freshwater fishing license shall not be required by residents or non-residents on the first (1st) full weekend in May, annually.
2.The minimum size of all trout or charr species taken from the waters of the state, shall be eight inches (8”), measured from the tip of the snout to the tip of the tail.
3.The daily creel and possession limits for northern pike shall be two (2) fish, and the minimum size limit shall be twenty-four inches (24”) (measured from the tip of the snout to the end of the tail). The daily creel and possession limits for chain pickerel shall be five (5) fish, and the minimum size limit for chain pickerel shall be fourteen inches (14”) (measured from the tip of the snout to the end of the tail). No person shall possess any northern pike less than twenty-four inches (24”) in total length or chain pickerel less than fourteen inches (14”) in total length.
4.The daily creel and possession limits for black bass (largemouth and smallmouth bass) shall be five (5) fish, either singularly or in aggregate, and the minimum size limit shall be twelve inches (12”) (measured from the tip of the snout to the end of the tail). No person shall possess any black bass less than twelve inches (12”) in total length.
5.The creel and possession limit for domestic or landlocked Atlantic salmon (Salmo salar) in the fresh waters of Rhode Island shall be two (2) fish per day and shall be included in the daily limit for trout, salmon, or charr. The minimum size for domestic or land locked, stocked, Atlantic salmon shall be eleven inches (11”) total length. No person shall take any Atlantic salmon from the Pawcatuck River downstream of the Potter Hill Dam.
6.The recreational creel or possession limits for American eel (Anguilla rostrata) shall be twenty-five (25) fish per day, per person, and the minimum size shall be nine inches (9”) (measured from the tip of the snout to the end of the tail). No person shall possess any American eel less than nine inches (9”) in total length. No person shall take an eel from the freshwaters of the State unless in possession of a valid Rhode Island Freshwater Fishing license. There will be no closed season. No American eel may be commercially harvested from the freshwaters of the State and offered for sale without a valid commercial fishing license per Rhode Island Marine Fisheries (RIMF) Regulations. If harvesting commercially with a valid commercial fishing license from the freshwaters of the State, fishermen must adhere to regulations as set forth in RIMF Regulations, Part 90-00-3 of this Title.
7.The creel and possession limits for trout or charr taken in the Wood River between Route 165 and Barberville Dam at Arcadia Road shall be limited to two (2) fish from the second (2nd) Saturday in May through the last day of February, annually.
8.The following waters shall be restricted to the use of artificial flies, a conventional fly rod, and a single-action reel: Deep Pond, Exeter; A.L. Mowry Pond, Smithfield; and Upper Rochambeau Pond, Lincoln.
9.The following waters shall be restricted to fishing by children fourteen (14) years of age and younger annually from the second (2nd) Saturday in April: Frosty Hollow Pond, Exeter, Scott Evans Memorial Pond (Biscuit City), South Kingstown, Seidels Pond, Cranston.
a.Silvia Memorial Children's Pond (Lloyd Kenney Pond), Hopkinton, is restricted to children from the second (2nd) Saturday in April through Memorial Day only.
b.The following ponds: Cass Pond, Woonsocket, Geneva Pond and Brook, North Providence, Lapham Pond, Burrillville, Silvy’s Brook and Pond, Cumberland, and Slater Park Pond, Pawtucket, are restricted to children only for the first two (2) days of Opening Day of trout season.
10.The following activities shall be Prohibited:
a.Using corn for bait in any designated trout waters.
b.Chumming in any designated trout waters.
c.Snagging fish in any fresh waters.
d.Tagging, branding, marking, or otherwise willfully mutilating any fish which is to be released alive into any fresh waters of the State except by special permit issued by the Division of Fish and Wildlife.
e.The release of any live bait fish or invertebrate bait into the freshwaters of the State.
f.The use as bait of any variety of goldfish (Carassius auratus) in the fresh, or estuarine waters of the State.
g.The importation, sale, or possession of any variety of nonnative fish, including, but not limited to, goldfish (Carassius auratus), green sunfish (Lepomis cyanellus), or fathead minnows (Pimephales promelas) for use as bait in the fresh or estuarine waters of the State.
h.In accordance with R.I. Gen. Laws § 20-11-3, the taking of any fish in the freshwaters of the State by any means other than angling, utilizing a hook(s) and fishing line, except for carp, suckers, and fallfish, which may be taken by snares, spears or bow and arrow.
i.In accordance with R.I. Gen. Laws § 20-11-3, the taking of any fish in the freshwaters of the State by net, seine, trawl, or similar device, except for a dip net, for the landing of a fish caught by hook and line, and the taking of baitfish. Cast nets and gill nets shall be prohibited.
j.In accordance with R.I. Gen. Laws § 20-11-8, freshwater minnows, not including the young of any species of game fish, may be lawfully taken for bait with minnow traps, dip nets, and seines of the dimensions of not more than eight feet (8’) in length and four feet (4’) in depth and having a mesh not larger than one-quarter of an inch (1/4”) in any waters of this state. The possession and use of minnow seines larger than the dimensions specified in this Section, unless otherwise provided, shall be unlawful.
(1).All traps set on public land or in public waters must be marked with the trapper's/Angler's Customer ID number or Sportsperson’s equipment ID number.
11.With the exception of designated catch-and-release areas, any legally caught trout, salmon, or charr taken from the fresh waters of Rhode Island shall be immediately released alive into the waters from which it was taken or shall be killed at once and become part of the daily bag limit.
12.At Beach Pond, Exeter, Rhode Island Freshwater Regulations apply for trout, charr, black bass, and chain pickerel. The daily possession and creel limits for Atlantic salmon shall be one (1) per Connecticut Regulations. The season for trout shall open on the second (2nd) Saturday in April at 6:00 AM and close at midnight on the last day of February, annually. The daily creel and possession limits for trout (all species in aggregate) shall be five (5) fish. The daily creel and possession limits for black bass shall be five (5) fish and the minimum size limit shall be twelve inches (12”) (measured from the tip of the snout to the end of the tail). The daily creel and possession limits for chain pickerel shall be five (5) fish and the minimum size limit shall be fourteen inches (14”) (measured from the tip of the snout to the end of the tail).
13.Wallum Lake, Burrillville – Rhode Island Regulations apply, §§ 10.1 through 10.6, 10.6.1(A)(1) through (6), 10.6.1(A)(10) through (11), 10.6.1(A)(17) through (19), and 10.8 of this Part, apply.
14.Killingly Pond, Glocester and Hazard Pond, West Greenwich shall have the following Rhode Island Regulations: the daily creel and possession limits for black bass shall be five (5) fish and the minimum size limit shall be twelve inches (12”) (measured from the tip of the snout to the end of the tail). The daily creel and possession limits for chain pickerel shall be five (5) fish and the minimum size limit shall be fourteen inches (14”) (measured from the tip of the snout to the end of the tail).
15.Beach Pond, Exeter, Killingly Pond, Glocester, and Hazard Pond, West Greenwich, six (6) lines with a single hook each, may be used for ice fishing in accordance with Connecticut Regulations.
16.That portion of the Falls River, Exeter, from the bridge at Austin Farm Road, Exeter, downstream approximately two (2) miles to the bridge off Brook Trail, Exeter, shall be designated as a “no kill” or “catch and release” area. Fishing shall be permitted with artificial lures equipped with a single barbless hook or single barbed hook that has been crimped, and all fish caught shall be returned to the water immediately. The possession of any trout, salmon, or charr while fishing in this Section of the river shall be prima facie evidence that said trout, salmon, or charr was taken in violation of these Rules and Regulations.
17.Beaver River, Richmond – catch and release only and [removed from the designated trout-stocked areas (§ 10.6.1(A)(17))] the portion from the confluence of the Beaver River and the Pawcatuck River, located downstream of Shannock Hill Rd., Richmond, upstream to the New London Turnpike, Richmond, shall be designated as a “no kill”, “catch and release” area. Fishing shall be permitted with artificial lures equipped with a single barbless hook or single barbed hook that has been crimped, and all fish caught shall be returned to the water immediately. The possession of any trout, salmon, or charr while fishing in this Section of the river shall be prima facie evidence that said trout, salmon, or charr was taken in violation of these Rules and Regulations.
18.Designated Trout Waters:
Name
Location
Abbotts Run Brook
Cumberland
Adamsville Brook and Pond
Tiverton & Little Compton
Alton Pond
Richmond & Hopkinton
Ashaway River
Hopkinton
Ashville Pond
Hopkinton
Barber Pond
South Kingstown
Beach Pond
Exeter
Big River
West Greenwich
Blackstone River
Cumberland & Lincoln
Branch River
Burrillville
Brandy Brook
Glocester
Breakheart Brook
Exeter
Breakheart Pond
Exeter & West Greenwich
Brickyard Pond
Barrington
Browning Mill Pond
Exeter
Brushy Brook
Hopkinton
Bucks Horn Brook
Coventry
Carbuncle Pond
Coventry
California Jim’s
South Kingstown
Carolina Trout Pond
Richmond
Cass Pond
Woonsocket
Chepachet River
Glocester & Burrillville
Chickasheen Brook
South Kingstown
Clear River
Burrillville
Deep Pond (Arcadia)
Exeter
Dexter Pond (Rt.6, private open to the public)
Scituate
Dolly Cole Brook
Foster
Dundery Brook
Little Compton
Eight Rod Farm Pond
Tiverton
Falls River
Exeter & West Greenwich
Flat River
Exeter
Foster Green Acres Pond
Foster
Frenchtown Park Pond
East Greenwich
Frosty Hollow Pond
Exeter
Geneva Brook & Pond
North Providence
Gorton Pond
Warwick
Harris River
Woonsocket
Hopkins Mill Pond
Foster
Hunt River
East Greenwich & No. Kingstown
J.L. Curran, Upper and Lower Res.
Cranston
Lapham Pond
Burrillville
Meadow Brook
Richmond
Meadow Brook Pond
Richmond
Upper Melville Pond – (Thurston Grey Pond)
Portsmouth
Lower Melville Pond
Portsmouth
Memorial Park Pond
Lincoln
Meshanticut Pond
Cranston
Moosup River
Coventry
Moscow Brook
Hopkinton
Mowry, A.L. Pond
Smithfield
Olney Pond, Lincoln Woods State Park
Lincoln
Parris Brook
Exeter
Pawcatuck River
Hopkinton, Richmond, Charlestown & Westerly
Pawtuxet River (North branch)
Scituate, Cranston
Pawtuxet River (South branch)
Coventry, West Warwick
Peck Pond
Burrillville
Ponaganset River
Foster
Potowomut Pond
Warwick
Roaring Brook & Ponds
Exeter
Round Top Brook
Burrillville
Round Top Ponds
Burrillville
Saugatucket River
South Kingstown
Scott Evans Memorial Pond (Biscuit City Pond)
South Kingstown
Seidel’s Pond
Cranston
Shippee Saw Mill Pond
Foster
Silver Spring Lake
North Kingstown
Silvia Memorial Children's Pond (Lloyd Kenney Pond)
Hopkinton
Silvy’s Brook and Pond, Diamond Hill State Park
Cumberland
Simmons Mill Pond
Little Compton
Slater Park Pond
Pawtucket
Spring Grove Pond
Glocester
Stafford Pond
Tiverton
Sylvester’s Pond
Woonsocket
Tarbox Pond
West Greenwich
Tarkiln Pond
Burrillville & North Smithfield
Ten Mile River
East Providence
Tiogue Lake
Coventry
Tiverton Trout Pond
Tiverton
Tucker Pond
South Kingstown
Upper Rochambeau Pond
Lincoln
Wallum Lake
Burrillville
Watchaug Pond
Charlestown
Willett Pond
East Providence
Winsor Brook
Foster
Wood River
Exeter, Hopkinton & Richmond
Woonasquatucket River
Smithfield
Wyoming Pond
Richmond & Hopkinton
19.Permits are required for organized fishing tournaments for State fishing and boating access areas and for the following private access areas; Johnson’s Pond (Flat River Reservoir), Coventry, and Waterman Reservoir, Glocester. Permits are required for six (6) or more persons and/or three (3) or more boats. Applications for the issuance of a permit must be submitted to the Division a minimum of three (3) weeks prior to the tournament. An organization may cancel a permitted fishing activity without penalty as long as written notice of the cancellation is received by the Division at least three (3) weeks prior to the event. Failure to provide timely written notice shall result in a one (1) year revocation of an organization’s eligibility to receive a permit for any organized fishing activity. Exceptions for unforeseen occurrences (e.g., weather, natural disaster) will apply at the discretion of the Division. The decision of revocation shall rest entirely with the Division. Permit applications may be obtained by contacting RIDEM Division of Fish and Wildlife, 277 Great Neck Rd., West Kingston, RI 02892. Tel: (401) 789-7481. Applicants must complete all required information. The Division reserves the right to limit the number of activities per location, per day, time period, or deny a permit for reasons of overuse or conflict with other activities.
a.The applicant must indicate on the application whether the fishing activity is a "closed" or an "open" activity. A closed fishing activity is an event having a fixed or restricted number of participants. An open fishing activity is an event having an unrestricted number of participants.
(1)If the tournament is closed, the number of boats, vehicles, and participants must be entered on the application. The permit must be retained on site by the sponsor along with the list of participants and boat registration numbers.
(2)If the tournament is open, the names of all participants and registration numbers of each boat on the day of the tournament must be made accessible to RIDEM – Division of Law Enforcement. An estimated count of all participants, vehicles and boats shall be forwarded to the Division at least five (5) days prior to the start of the tournament.
(3)Regardless if a fishing tournament is "closed" or “open”, the organization must provide a report to the Division within five (5) days of the termination of the tournament which includes: the number of hours fished, the numbers of boats, numbers of participants, and as applicable, the total number of largemouth bass and smallmouth bass caught as well as the total weights or the total lengths of all largemouth bass and all smallmouth bass processed at the weigh-in. This report may be sent as a letter to RIDEM Division of Fish and Wildlife or by completing the Bass Tournament Count Form. Failure to complete and submit the required information within five (5) days shall render the organization ineligible to conduct further organized fishing events for one (1) year from the said event. Such revocation shall include any events for which a permit was previously issued.
b.Applicants requesting a permit for a municipal or private ramp shall be responsible to obtain additional permits for these areas, if necessary.
c.These Regulations shall not be interpreted as superseding any special boat ramp or State management area Regulations.
d.Permits, along with lists of participants and boat registrations, if applicable, shall be available during the tournament for law enforcement purposes and must be clearly displayed in the windshield of the contacts vehicle.
20.Prohibited is the use of foot gear with external felt soles or any other natural or synthetic porous material capable of absorbing liquid that is attached to the soles of wading gear in any fresh waters of the State. This shall include any waters shared with adjacent states in which any Rhode Island Fishing Regulations apply. Please see § 10.6.2 of this Part.
21.Prohibited is the transport of any plant or plant part into or out of any Rhode Island waterbody on boats, vessels, other water conveyances, vehicles, trailers, fishing supplies, or any other equipment, with the exception of authorized research activities, species identification and other management activities.
22.Fishermen utilizing State Management Areas and designated undeveloped State Parks are required to wear fluorescent orange as referenced in the Park and Management Area Rules and Regulations, Part 100-00-1 of this Title.
10.6.2Diadromous Fisheries Regulations
A.No person shall land, catch, take, or attempt to catch or take any alewives (Alosa pseudoharengus) or blueback herring (Alosa aestivalis) from any fresh waters of the State of Rhode Island. Possession of any alewives or blueback herring, at any time, is prohibited and shall be evidence, prima facie, that said herring was taken in violation of this Section.
B.No person shall erect any artificial obstruction/damming to fish passage in any stream or in any way alter the natural stream bottom to hinder the passage of fish.
C.No person shall take any American Shad, (Alosa sapidissima) from the fresh waters of the State.
D.No person shall take any smelt, (Osmerus mordax) by any means from any stream or river in the State.
E.Fish Ladders
1.Trespass within or obstruction of the entrance or exit of any fish ladder in the State is prohibited.
2.For the purposes of regulating Diadromous fishes, all fish ladders owned and operated by the State will be set aside as fish cultivation facilities pursuant to R.I. Gen. Laws §§ 20-12-1 and 20-12-5.
3.The areas below each fish ladder, where fishing will be permitted, shall be designated with an official boundary marker or informational sign.
F.Boundaries – The defined boundaries for the freshwater and saltwater Sections of the State’s river and streams, with regard to the areas where Freshwater Regulations apply, are as follows:
1.Pawcatuck River, Westerly – the downstream side of the bridge crossing U.S. Route 1.
2.Mastuxet Brook, Westerly – the point at which the brook empties into Mastuxet Cove.
3.King Tom Pond outlet into Ninigret Pond, Charlestown – the spillway at the south end of King Tom Pond.
4.Factory Pond outlet, S. Kingstown – the seaward opening of the culvert under Teal Road.
5.Mill Pond outlet into the Cards Pond, South Kingstown – the bridge on Moonstone Beach Road crossing the west neck of Cards Pond.
6.Smelt Brook, S. Kingstown – the bridge closest to the outlet into Point Judith Pond.
7.Saugatucket River, S. Kingstown – the downstream side of the Main Street Bridge in Wakefield.
8.Gilbert Stuart Brook, N. Kingstown – the point at which the river empties into the Pettaquamscutt (Narrow) River.
9.Wesquage Pond, Narragansett – the culvert at the outlet to Bonnet Shores Beach.
10.Annaquatucket River, N. Kingstown – the point at which the river empties into Bissel Cove.
11.Cocumcussoc Brook, N. Kingstown – the bottom of the first riffle upstream of Wickford Cove.
12.Potowomut River, N. Kingstown/E. Greenwich – the Forge Road spillway.
13.Maskerchugg River, E. Greenwich – the Boston Post Road (U.S. Route 1) spillway.
14.Gorton Pond outlet, Warwick – to the west of the Amtrak Railroad Bridge.
15.Tuscatucket Brook, Warwick – the downstream side of the West Shore Road bridge.
16.Old Mill Creek, Warwick – entirely tidal.
17.Warner Brook, Warwick – the Draper Avenue bridge.
18.Buckeye Brook, Warwick – the point at which the stream empties into Narragansett Bay.
19.Lockwood Brook, Warwick – the downstream side of the West Shore Road bridge.
20.Spring Green Pond outlet, Warwick – the downstream side of the Warwick Avenue (Rhode Island Route 117A) bridge.
21.Pawtuxet River, Warwick/Providence – the Narragansett Parkway spillway.
22.Woonasquatucket River, Providence – the downstream side of the U.S. Route 1N Bridge.
23.Moshassuck River, Providence – the point of confluence with the Woonasquatucket River.
24.Blackstone/Seekonk River – the Main Street spillway.
25.Ten Mile River, E. Providence – the Omega Pond spillway.
26.Annawomscutt Brook, Barrington – the Pilling Chain Company spillway on Bay Spring Avenue.
27.Mussachuck Creek, Barrington – the downstream side of the Washington Road bridge.
28.Runnins River, E. Providence/Seekonk, MA – the downstream side of the Mink Street (Rhode Island Route114 A) bridge.
29.Kickamuit River, Warren – Rt. 103 bridge.
30.Sin and Flesh Brook, Tiverton – the downstream side of the Highland Avenue bridge.
31.Nonquit Pond, Tiverton – the bridge at Pond Bridge Road.
32.Pachet Brook, Tiverton – the downstream side of the West Main Road (Rhode Island Route 77) bridge.
33.Dundery Brook, Little Compton – the downstream side of the Swamp Road bridge.
34.Cold Brook, Little Compton – the point at which the brook empties into Quicksand Pond.
35.Maidford River, Middletown – the downstream side of the Paradise Avenue bridge.
36.Goose Neck Cove, Newport – entirely tidal.
37.Lily Pond, Newport – the outlet.
38.Almy Pond, Newport – the outlet.
39.Prince Pond (Tiffany Pond), Barrington – the point at which the stream enters the Barrington River.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2024-08-08 to 07/14/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Periodic Refile — effective from 2022-01-04 to 08/02/2023*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *EMERGENCY RULE Amendment — effective from 2021-03-25 to 07/31/2021*
- *Amendment — effective from 2020-08-02 to 03/25/2021*
- *EMERGENCY RULE Amendment — effective from 2020-04-06 to 05/03/2020*
- *Amendment — effective from 2020-02-17 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 02/17/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2015-08-06 to 07/31/2016*
- *Amendment — effective from 2015-07-08 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 07/08/2015*
- *Amendment — effective from 2014-01-08 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 01/08/2014*
- *Amendment — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Adoption — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Adoption — effective from 2006-07-27 to 08/02/2007*
- *EMERGENCY RULE Amendment — effective from 2006-05-22 to 07/27/2006*
- *EMERGENCY RULE Adoption — effective from 2006-03-22 to 07/20/2006*
- *Adoption — effective from 2005-08-04 to 07/27/2006*
- *Adoption — effective from 2004-08-10 to 08/04/2005*
- *Adoption — effective from 2003-08-27 to 08/10/2004*
- *Adoption — effective from 2002-08-15 to 08/27/2003*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-10 § 10.7** Fish Hatcheries {#sec-250-ricr-60-00-10-10.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-10#10.7}
A.All State Fish Hatcheries are closed to public use.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2024-08-08 to 07/14/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Periodic Refile — effective from 2022-01-04 to 08/02/2023*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *EMERGENCY RULE Amendment — effective from 2021-03-25 to 07/31/2021*
- *Amendment — effective from 2020-08-02 to 03/25/2021*
- *EMERGENCY RULE Amendment — effective from 2020-04-06 to 05/03/2020*
- *Amendment — effective from 2020-02-17 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 02/17/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2015-08-06 to 07/31/2016*
- *Amendment — effective from 2015-07-08 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 07/08/2015*
- *Amendment — effective from 2014-01-08 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 01/08/2014*
- *Amendment — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Adoption — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Adoption — effective from 2006-07-27 to 08/02/2007*
- *EMERGENCY RULE Amendment — effective from 2006-05-22 to 07/27/2006*
- *EMERGENCY RULE Adoption — effective from 2006-03-22 to 07/20/2006*
- *Adoption — effective from 2005-08-04 to 07/27/2006*
- *Adoption — effective from 2004-08-10 to 08/04/2005*
- *Adoption — effective from 2003-08-27 to 08/10/2004*
- *Adoption — effective from 2002-08-15 to 08/27/2003*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-10 § 10.8** Enforcement {#sec-250-ricr-60-00-10-10.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-10#10.8}
A.Enforcement of this Part, including penalties and appeals, is pursuant to R.I. Gen. Laws §§ 20-1-12, 20-11-20, and 20-11-21, and R.I. Gen. Laws Chapters 42-17.6, 42-17.7, and any other applicable Section of the General Laws.
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2024-08-08 to 07/14/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Periodic Refile — effective from 2022-01-04 to 08/02/2023*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *EMERGENCY RULE Amendment — effective from 2021-03-25 to 07/31/2021*
- *Amendment — effective from 2020-08-02 to 03/25/2021*
- *EMERGENCY RULE Amendment — effective from 2020-04-06 to 05/03/2020*
- *Amendment — effective from 2020-02-17 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 02/17/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2015-08-06 to 07/31/2016*
- *Amendment — effective from 2015-07-08 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 07/08/2015*
- *Amendment — effective from 2014-01-08 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 01/08/2014*
- *Amendment — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Adoption — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Adoption — effective from 2006-07-27 to 08/02/2007*
- *EMERGENCY RULE Amendment — effective from 2006-05-22 to 07/27/2006*
- *EMERGENCY RULE Adoption — effective from 2006-03-22 to 07/20/2006*
- *Adoption — effective from 2005-08-04 to 07/27/2006*
- *Adoption — effective from 2004-08-10 to 08/04/2005*
- *Adoption — effective from 2003-08-27 to 08/10/2004*
- *Adoption — effective from 2002-08-15 to 08/27/2003*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
##### **250-RICR-60-00-10 § 10.9** Repealed {#sec-250-ricr-60-00-10-10.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-60-00-10#10.9}
**History**
- *Amendment — effective from 2026-07-28 to current*
- *Amendment — effective from 2025-07-14 to 07/28/2026*
- *Amendment — effective from 2024-08-08 to 07/14/2025*
- *Amendment — effective from 2023-08-02 to 08/08/2024*
- *Periodic Refile — effective from 2022-01-04 to 08/02/2023*
- *Amendment — effective from 2021-07-31 to 01/04/2022*
- *EMERGENCY RULE Amendment — effective from 2021-03-25 to 07/31/2021*
- *Amendment — effective from 2020-08-02 to 03/25/2021*
- *EMERGENCY RULE Amendment — effective from 2020-04-06 to 05/03/2020*
- *Amendment — effective from 2020-02-17 to 08/02/2020*
- *Amendment — effective from 2019-07-31 to 02/17/2020*
- *Adoption — effective from 2018-07-31 to 07/31/2019*
- *Technical Revision — effective from 2017-07-31 to 07/31/2018*
- *Amendment — effective from 2017-07-31 to 07/31/2017*
- *Adoption — effective from 2016-07-31 to 07/31/2017*
- *Adoption — effective from 2015-08-06 to 07/31/2016*
- *Amendment — effective from 2015-07-08 to 08/06/2015*
- *Adoption — effective from 2014-08-21 to 07/08/2015*
- *Amendment — effective from 2014-01-08 to 08/21/2014*
- *Adoption — effective from 2013-08-15 to 01/08/2014*
- *Amendment — effective from 2012-08-21 to 08/15/2013*
- *Technical Revision — effective from 2011-08-17 to 08/21/2012*
- *Adoption — effective from 2011-08-17 to 08/17/2011*
- *Adoption — effective from 2010-08-26 to 08/17/2011*
- *Adoption — effective from 2009-08-11 to 08/26/2010*
- *Adoption — effective from 2008-08-27 to 08/11/2009*
- *Adoption — effective from 2007-08-02 to 08/27/2008*
- *Adoption — effective from 2006-07-27 to 08/02/2007*
- *EMERGENCY RULE Amendment — effective from 2006-05-22 to 07/27/2006*
- *EMERGENCY RULE Adoption — effective from 2006-03-22 to 07/20/2006*
- *Adoption — effective from 2005-08-04 to 07/27/2006*
- *Adoption — effective from 2004-08-10 to 08/04/2005*
- *Adoption — effective from 2003-08-27 to 08/10/2004*
- *Adoption — effective from 2002-08-15 to 08/27/2003*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
- *Periodic Refile — effective from 2001-12-31 to 08/15/2002*
## **Chapter 70** Forest Environment
### **Subchapter 00**
#### **250-RICR-70-00-1** Rules and Regulations for Licensing and Registration of Arborists
##### **250-RICR-70-00-1 § 1.1** Authority {#sec-250-ricr-70-00-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-1#1.1}
Rules and Regulations under R.I. Gen. Laws Chapter 2-19, as amended, entitled “Licensing and Registration of Arborists.” These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapters 42-17.1, 42-35 and 2-19.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-70-00-1 § 1.2** Definitions {#sec-250-ricr-70-00-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-1#1.2}
A.For the purposes of these regulations, except as provided below, the following terms shall have the following meanings:
1."Arboriculture" means the care and maintenance of trees and shall include work such as tree bracing, tree pruning, cavity treatment of trees, hazardous tree removal and such other activities as licensed arborists may undertake in the management of trees.
2."Corporation" means any business or non-profit organization which in any part of its activities undertakes the practice of arboriculture as defined in § 1.2(A)(1) of this Part above whether or not such corporation is duly incorporated in Rhode Island or any other state or country, if such corporation does or seeks to practice arboriculture within the State of Rhode Island.
3. "Department" means the Department of Environmental Management, Division of Forest Environment.
4."Firm" means any business composed of one or more persons which in any part of its activities undertakes the practice of arboriculture as defined in § 1.2(A)(1) of this Part above, whether or not such firm is duly incorporated in Rhode Island or any other state or country, if such firm does or seeks to practice arboriculture within the State of Rhode Island.
5."Job site" means any discrete location or area where arboricultural work is taking place.
6."Person" means any individual who at any time practices arboriculture as defined in § 1.2(A)(1) of this Part above within the State of Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-70-00-1 § 1.3** License Requirement {#sec-250-ricr-70-00-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-1#1.3}
A.Persons who must hold an Arborist License:
1. Any individual, whether self-employed or working as part of a corporation, firm, or any municipality, who will spend any portion of his/her time working alone at any job site where any arboriculture is being done on property of another for compensation must have a valid arborist license.
2. Where there is more than one person working at any job site where any arboriculture is being done on property of another for compensation, at least one person at every such job site must have a valid arborist license, and all persons working at such job site must be within such close proximity to each other that their work is continually monitored by a licensed arborist.
B. Exemptions - Pruning of Christmas trees or trees that provide an agricultural crop and are grown for agricultural purposes on private lands or any activity pursuant to R.I. Gen. Laws § 2-23-4 known as “The Right to Farm Act” is exempt from these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-70-00-1 § 1.4** Application for Examination {#sec-250-ricr-70-00-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-1#1.4}
A. Prior to the time of examination, applicants for an arborist license shall apply in writing on a form supplied by the Department.
B. Examinations will be offered for two categories of licenses as follows:
1. Standard Arborist License issued to persons who pass an examination which includes all phases of arboriculture and,
2. Limited Utility Arborist License issued to persons who pass an examination limited to trimming, pruning, limbing, removal, identification of trees, and safety practices relating directly to providing clearance for the safe and reliable operation of utility lines and equipment.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-70-00-1 § 1.5 Time and Fee for Examination** 1.5 Time and Fee for Examination {#sec-250-ricr-70-00-1-1.5-time-and-fee-for-examination omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-1#1.5 Time and Fee for Examination}
A. Examinations will be held in January, March, June and September of every year at a time and place specified by the Department. Examinations may be given at other times, if, in the judgment of the Department, enough applicants have applied for examination to warrant such action.
B.An applicant must pay a non-refundable fee of twenty-five dollars ($25.00) for every application for examination. If a person does not pass the examination, (s)he will be charged a non-refundable fee of ten dollars ($10.00) if (s)he chooses to retake the test within the calendar year. If any applicant waits beyond the calendar year to retake the examination, a twenty-five dollar ($25.00) fee will be charged for the subsequent examination(s).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-70-00-1 § 1.6** Basis for Examination and Passing Grade {#sec-250-ricr-70-00-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-1#1.6}
A. The Standard Arborist examination shall be based on the latest standards for arboriculture as promulgated by the International Society of Arboriculture.
B. The Limited Utility Arborist examination shall be based on the latest standards for utility arboriculture as recognized by the International Society of Arboriculture.
C. To pass the examination, each applicant must answer at least seventy percent (70%) of the questions correctly.
D. The Department may, in its discretion, grant an applicant’s request to receive an oral examination if an applicant feels (s)he is not able to pass a written examination.
E. At the Department’s discretion, an exemption from the examination process may be granted upon proof of proficiency based on evidence of examination by an agency from another state or examination by the International Society of Arboriculture (ISA).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-70-00-1 § 1.7 Validity of Licenses** 1.7 Validity of Licenses {#sec-250-ricr-70-00-1-1.7-validity-of-licenses omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-1#1.7 Validity of Licenses}
A. All arborist licenses shall expire on December 31 of each year.
B. A fee of twenty-five ($25.00) will be charged for each arborist license and each renewal license.
C. Any person, firm, or corporation who allows his/her arborist license to expire, and who fails to renew his/her existing license within one year of the date of expiration, must take and pass the arborist examination, and pay the examination and renewal fees before his/her arborist license will be renewed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-70-00-1 § 1.8 Severability** 1.8 Severability {#sec-250-ricr-70-00-1-1.8-severability omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-1#1.8 Severability}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-70-00-1 § 1.9** Superseded Rules and Regulations {#sec-250-ricr-70-00-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-1#1.9}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of the R.I. Gen. Laws § 2-19-1 et seq., Arborist Act, 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-70-00-2** Rules and Regulations Relative to Forest Fire Personnel and Forest Fires and Prevention
##### **250-RICR-70-00-2 § 2.1** Purpose {#sec-250-ricr-70-00-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-2#2.1}
The purpose of these rules and regulations is to govern designation of forest fire districts, rate of compensation for equipment used on forest fires, patrols during drought, and restrictions on attended open air fires.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-2 § 2.2** Authority {#sec-250-ricr-70-00-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-2#2.2}
These rules and regulations are promulgated pursuant to R.I. Gen. Laws Chapters 42-17.1, Environmental Management, and 2-12.5, Forest Fires and Prevention, and in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-2 § 2.3** Application {#sec-250-ricr-70-00-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-2#2.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-2 § 2.4** Designation of Forest Fire Districts {#sec-250-ricr-70-00-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-2#2.4}
A.The designation of a specific forest fire district and/or jurisdiction by a fire chief shall be made by said chief on a recognizable and acceptable map, clearly defined, signed and dated by said chief and transmitted to the Director of the Department of Environmental Management.
B.Duplicate and/or overlapping areas of jurisdiction by more than one fire chief should not be in conflict with the respective fire department's charter and if this conflict does occur it shall be resolved at the local level before transmitting said specific jurisdictional area map to the Director of the Department of Environmental Management.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-2 § 2.5** Rate of Compensation {#sec-250-ricr-70-00-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-2#2.5}
A.Payment statewide for fire vehicles used under the direction of a fire chief or senior officer in the extinguishment of a forest fire shall be for the full amount (100 percent) and at the rate of twenty-five dollars ($25.00) per hour per vehicle.
1.A fire vehicle is defined as either a vehicle with a water tank having a capacity of at least one hundred twenty-five (125) gallons mounted on the body of the vehicle and with a pump capable of discharging water at a rate of at least twenty (20) gallons per minute, or a vehicle with a tank of at least one thousand (1,000) gallons capacity and capable of discharging water to another fire vehicle or to a portable water tank.
2.Not accepted as fire vehicles are any other vehicles used by a fire department not meeting the above criteria; including, but not limited to, ladder trucks, rescue vehicles, ambulances, pick-up trucks, chief's cars, or all-terrain vehicles.
B.Payments for expendable (and consumed) supplies such as wetting agents, fire retardants, and other fire extinguishing chemicals used on a fire will be reimbursed at one hundred percent (100%) of the cost provided however; that invoices to the fire department showing that said supplies were purchased prior to the date of the fire being billed accompany all such claims for reimbursement.
C.Payment for out-of-state assistance in Rhode Island (and not recognized as compact aid under the provisions of the Northeast Forest Fire Protection Compact) will be for full cost and shall be made at the same rate per person per hour consistent with R.I. Gen. Laws §§ 2-11-3 and 2-12-6, and at the same rate per fire vehicle and/or expended supplies as specified in these regulations.
D.A separate forest fire bill for out-of-state assistance will be completed by the respective Rhode Island fire chief requesting said assistance, using the standard billing form. Said fire chief will attach this bill to that for his/her fire department and include it as part of the total invoice for payment.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-2 § 2.6** Patrols During Drought {#sec-250-ricr-70-00-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-2#2.6}
Forest fire patrol vehicles employed during drought shall be fire vehicles as defined in these regulations and shall have functional two-way radio communications.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-2 § 2.7** Restriction on Attended Open Air Fires {#sec-250-ricr-70-00-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-2#2.7}
A.Burning by any person in rubbish burners, incinerators and/or outside fireplaces must be attended and must be done before 10:00 A.M. and/or after 5:00 P.M. during the period of March 15th to May 15th except when snow covers the ground, rain is falling, or a written permit to kindle fire in the open air has been issued to burn in rubbish burner, incinerator, or outside fireplace by an authorized representative of the director of the department of environmental management.
B.Burning on state property, at all times, or brush piles, grass, debris, or any other materials in the open air and on or adjacent to forest land requires a written permit to kindle fire.
C.An open air fire shall be construed to mean any fire in the outdoors or in a structure not completely enclosed by walls and a roof.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-2 § 2.8** Severability {#sec-250-ricr-70-00-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-2#2.8}
If any provision of these Rules and Regulations, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the Rules and Regulations shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-2 § 2.9 Superseded Rules and Regulations** 2.9 Superseded Rules and Regulations {#sec-250-ricr-70-00-2-2.9-superseded-rules-and-regulations omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-2#2.9 Superseded Rules and Regulations}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of R.I. Gen. Laws Chapters 42-35, and R.I. Gen. Laws § 2-12-5, 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 the application filed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
#### **250-RICR-70-00-5** Rules and Regulations for Woods Operators Registration Fee and Intent to Cut Fee
##### **250-RICR-70-00-5 § 5.1** Purpose {#sec-250-ricr-70-00-5-5.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-5#5.1}
The purpose of these rules and regulations is to govern commercial wood cutting operations upon all forested lands in Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-5 § 5.2** Authority {#sec-250-ricr-70-00-5-5.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-5#5.2}
These rules and regulations are promulgated pursuant to R.I. Gen. Laws Chapters 2-10, State Forestry and Forestry Projects, 2-15, Protection of Trees and Plants Generally, and 42-17.1, Environmental Management, and in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-5 § 5.3** Application {#sec-250-ricr-70-00-5-5.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-5#5.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-5 § 5.4** Severability {#sec-250-ricr-70-00-5-5.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-5#5.4}
If any provision of these Rules and Regulations, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the Rules and Regulations shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-5 § 5.5** Superseded Rules and Regulations {#sec-250-ricr-70-00-5-5.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-5#5.5}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of R.I. Gen. Laws Chapters 42-35, 2-10, and 2-15, 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 the application filed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-5 § 5.6 Wood Operators Registration Fee** 5.6 Wood Operators Registration Fee {#sec-250-ricr-70-00-5-5.6-wood-operators-registration-fee omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-5#5.6 Wood Operators Registration Fee}
The annual fee for a person, firm, or corporation to register as a woods operator as specified in R.I. Gen. Laws § 2-15-1, shall be twenty five dollars ($25.00).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
##### **250-RICR-70-00-5 § 5.7 Fee for Filing of Intent to Cut Notice** 5.7 Fee for Filing of Intent to Cut Notice {#sec-250-ricr-70-00-5-5.7-fee-for-filing-of-intent-to-cut-notice omnilex-key=us-ri-regs-official--title-250--250-RICR-70-00-5#5.7 Fee for Filing of Intent to Cut Notice}
A.As provided in R.I. Gen. Laws § 2-15-2, the Department shall charge an administrative fee of twenty-five dollars ($25.00) for a duly registered Woods Operator to file a notification of intent to cut or saw.
B.Where two or more contiguous parcels are owned by the same individual, entity, partnership, or corporation, and all such parcels are to cut or sawn at the same time; a woods operator shall pay a single fee of twenty-five dollars ($25.00) to file one notification of intent to cut or saw with the Department.
C. Where properties owned by one individual, entity, partnership, or corporation are not contiguous, or where contiguous properties are not owned by the same person, entity, partnership, or corporation; a separate notification of intent to cut or saw and twenty five dollar ($25.00) fee shall be submitted for each such parcel, whether or not they will be cut or sawn during the same time period.
D.Failure to submit full payment of the administrative fee with the notification of intent to cut or saw will render the notice insufficient for the purpose of notification as required in R.I. Gen. Laws § 2-15-2.
E.Neither a notification of intent to cut or saw, nor the twenty-five dollar ($25.00) administrative fee shall be required when the cutting or sawing will take place entirely on state property administered and managed by the Department of Environmental Management.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2004-09-22 to 01/04/2022*
- *Technical Revision — effective from 2004-09-22 to 09/22/2004*
- *Amendment — effective from 2004-09-22 to 09/22/2004*
- *Periodic Refile — effective from 2001-12-31 to 09/22/2004*
## **Chapter 80** Law Enforcement
### **Subchapter 00**
#### **250-RICR-80-00-1** Requirements and Standards for Vessels and Associated Equipment
##### **250-RICR-80-00-1 § 1.1** Purpose {#sec-250-ricr-80-00-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.1}
These rules and regulations are promulgated in accordance with R.I. Gen. Laws § 46-22-5(k) to adopt regulations consistent with the Federal Boating Safety Act of 1971.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.2** Authority {#sec-250-ricr-80-00-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.2}
These rules and regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, Environmental Management, R.I. Gen. Laws § 46-22-5(k), and in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.3** Application {#sec-250-ricr-80-00-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.3}
The terms and provisions of these rules and regulations shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals, and policies.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.4** Incorporated Materials {#sec-250-ricr-80-00-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.4}
A.These regulations hereby adopt and incorporate 33 C.F.R. §§ 80-90 (2023) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.
B.These regulations hereby adopt and incorporate 33 C.F.R. § 175 (2023) Subpart E, § 175 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.
C.These regulations hereby adopt and incorporate 46 C.F.R. § 24.10-1 (2023) 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.
D.These regulations hereby adopt and incorporate 46 C.F.R. §§ 160,161, 162.028, 162.039 (2023) 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.
E.These regulations hereby adopt and incorporate 46 C.F.R. § 182.415 (2023) 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.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.5** Definitions {#sec-250-ricr-80-00-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.5}
A.For the purpose of these regulations, the following terms shall have the following meanings:
1.“Aids to navigation” means any device designed or intended to assist the navigator to determine his/her position or safe course or to warn him/her of danger or obstructions to navigation.
2.“All-round light” means a light showing an unbroken light over an arc of 360 degrees.
3.“Canoe” means a narrow vessel or shallow draft, typically pointed at both ends and propelled by human power and includes kayaks.
4."Engine cut off switch" or "Engine cut off switch link" means a safety mechanism used to shut off propulsion machinery when the operator is displaced from the helm. The device must be attached to the operator, the operators clothing, or the operator's personal floatation device and is typically a coiled lanyard but may also be an electronic fob.
5.“Kiteboard” means a vessel, similar in appearance to a surfboard, with or without foot-straps or bindings combined with a large controllable kite to propel the rider and board across the water.
6.“Masthead light” means a white light placed over the fore and aft centerline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side.
7.“Motorboat” means as defined by Definitions; 46 C.F.R. § 24.10-1, incorporated above at § 1.4(C) of this Part, means any vessel 65 feet (19.8 meters) in length or less that is propelled by machinery. The word “motorboat” includes a boat temporarily or permanently equipped with a detachable motor. For purposes of this chapter, motorboat shall not include houseboats as defined R.I. Gen. Laws § 44-5-25.1.
8.“Motor vessel” means as defined by 46 C.F.R. § 24.10-1, incorporated above at § 1.4(C) of this Part means any vessel more than 65 feet (19.8 meters) in length that is propelled by machinery.
9.“Paddleboard” means a vessel consisting of a large board which is stable enough to support a person standing while it is paddled in a manner similar to operating a canoe and is “practically capable” and intended to be used as a water sport activity beyond the narrow limits of a swimming, surfing, or bathing area. A paddleboard being used within the limits of a swimming, surfing, or bathing area is not considered a vessel at that time and not subject to the safety equipment carriage requirements of these regulations.
10.“Personal flotation device" or "PFD” means a lifesaving flotation device approved by the United States Coast Guard, pursuant to 46 C.F.R. § 160 incorporated above at § 1.4(D) of this Part.
11.“Personal watercraft” means a vessel, less than 16 feet (4.9 meters) in length that is propelled by machinery and is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside of the vessel.
12.“Racing shell" or "Rowing scull" or "Racing kayak” means a manually propelled vessel that is recognized by national or international racing association(s) for use in competitive racing, and one in which all occupant's row, scull, or paddle with the exception of a coxswain, if one is provided, and is not designed to carry equipment.
13.“Readily accessible” means when used to describe the accessibility of personal flotation device(s) (PFDs), fire extinguisher(s), and visual distress device(s) means that the equipment described is visible to the operator and passengers and easy to gain access to in the event of an emergency.
14.“Regulatory markers” means any device which indicates to a vessel operator the existence of dangerous areas as well as those which are intended to restrict or control, such as speed zones and areas indicated to a particular use or to provide general information and directions. This includes, but is not limited to, bathing markers, speed zone markers, information markers, danger zone markers, boat keep out areas, and mooring areas.
15.“Rowboat” means any vessel, except a canoe, that is designed to be rowed by human power by oars or paddles and upon which there is no mechanical propulsion device or sail used for the operation of the vessel.
16.“Sailboat” means any vessel equipped with masts and sails, dependent upon the wind to propel it in the normal course of operation.
17.“Sailboard” means a vessel, similar in appearance to a surfboard, equipped with a swivel mounted mast and sail not secured to a hull by guys or stays.
18.“Serviceable condition” means when used to describe the condition of personal flotation device(s) (PFDs), fire extinguisher(s), and visual distress device(s) means that the device is in working condition and is as manufactured without modification or missing, broken or torn parts, and any expiration date on the device is still valid.
19.“Sidelights” means a green light on the starboard side and a red light on the port side, each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side. On a vessel of less than 39.37 feet (12 meters) in length, the sidelights, when combined in one lantern, shall be placed as nearly as practicable to the fore and aft centerline of the vessel.
20.“Sternlight” means a white light placed as nearly practicable at the stern showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from the light aft on each side of the vessel.
21.“Throwable PFD” means a personal flotation device that is intended to be thrown to a person in the water and used in accordance with any limitations specified on the U.S. Coast Guard approved label and with the manufacturer’s instructions. A specifically marked “wearable” PFD is not a throwable PFD.
22.“Underway” means that a vessel is not at anchor, or made fast to the shore, or aground.
23.“Vessel” means every description of watercraft or other artificial contrivance used or capable of being used as a means of transportation on water.
24.“Wearable PFD” means a personal flotation device that is intended to be worn or otherwise attached to the body and used in accordance with any limitations specified on the U.S. Coast Guard approved label and with the manufacturer’s instructions.
25.“Whistle” means any sound signaling appliance which complies with the specifications of 33 C.F.R. § 86, Annex III-Technical Details of Sound Signaling Appliances, incorporated above at § 1.4(A) of this Part.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.6** Enforcement {#sec-250-ricr-80-00-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.6}
Pursuant to R.I. Gen. Laws § 46-22-17, the Department of Environmental Management Environmental Police Officers, harbormasters, and police officers have the authority to enforce state laws and regulations on all tidal and non-tidal waters of the state. In his/her jurisdiction, an enforcement officer has the authority to stop and board any vessel to check for compliance with state law.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.7** Personal Flotation Devices {#sec-250-ricr-80-00-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.7}
1.7.1Applicability
A.These regulations shall apply to all vessels used on waters subject to the jurisdiction of the state:
1.Personal Flotation Devices Required
a.No person may use a vessel less than 16 feet (4.9 meters) in length including canoes, kayaks, sailboards, kiteboards and paddleboards unless:
(1)At least one wearable U.S. Coast Guard approved PFD is on a vessel for each person on board.
(2)Each wearable PFD is used in accordance with any requirements on the U.S. Coast Guard approved label and used in accordance with the manufacturer’s recommendations for its intended use.
(3)All operators & passengers of canoes, kayaks, sailboards, kiteboards, paddleboards, and any other paddlecraft shall wear at US Coast Guard approved PFD at all times while underway regardless of age.
b.No person may use a vessel 16 feet (4.9 meters) or more in length unless:
(1)At least one wearable U.S. Coast Guard approved PFD is on a vessel for each person on board.
(2)Each wearable PFD is used in accordance with any requirements on the U.S. Coast Guard approved label and used in accordance with the manufacturer’s recommendations for its intended use.
(3)One U.S. Coast Guard approved throwable PFD is on a vessel in addition to the number of wearable PFD’s required.
2.Stowage
a.No person may use a vessel unless each wearable PFD is readily accessible.
b.No person may use a vessel unless each throwable PFD is readily accessible.
3.Conditions: Approval: Marking
a.No person may use a vessel unless each PFD required is: In serviceable condition, i.e. all straps, hardware, cover, flotation material, in undamaged condition.
b.Legibly marked with the approval number from the U.S. Coast Guard as specified in 46 C.F.R. §160, incorporated above at § 1.4(D) of this Part for items subject to approval.
c.Of an appropriate size for the person for whom it is intended.
4.Flotation Devices: Children
Pursuant to R.I. Gen. Laws § 46-22-9.2, any person transporting a child under 13 years of age in a recreational vessel less than 65 feet (19.8 meters) in length on the waters of this state shall require that the child wear a wearable PFD approved by the U.S. Coast Guard while underway, unless below deck in a closed cabin.
B.Exemptions
1.Racing shells, Rowing sculls, racing kayaks, and any other vessel engaged in a sanctioned regatta, race or a practice held within 48 hours of the sanctioned event are exempt from § 1.7 of this Part.
2.Canoes, kayaks, sailboards, kiteboards and paddleboards 16 feet (4.9 meters) in length and greater are exempted from the carriage requirements of having one throwable PFD on board the vessel.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.8** Fire Extinguishing Equipment {#sec-250-ricr-80-00-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.8}
A.Applicability
This section applies to all motorboats and motor vessels used on waters subject to the jurisdiction of this state.
B.Prohibition
No person may use a motorboat or motor vessel unless it meets the requirements of § 1.8(D) of this Part.
C.Classification of Fire Extinguishing Equipment
1.Hand-portable fire extinguishers and semi-portable fire extinguishing systems are classified by a combination letter and number symbol; the letter indicates the type of fire which the unit could be expected to extinguish, and the number indicates the relative size of the unit.
2.For the purpose of this section, all required hand-portable extinguishers and semi-portable fire extinguishing systems are of the “B” type, i.e., suitable for extinguishing fires involving flammable liquids, greases, etc.
3.The number designations for size will start with “I” for the smallest to “V” for the largest. For the purpose of this section, only sizes I through III will be considered. Sizes I and II are considered hand-portable fire extinguishers and sizes III, IV, and V are considered semi-portable fire extinguishing systems which shall be fitted with suitable hose and nozzle or other practicable means so that all portions of the space concerned may be covered.
D.Fire Extinguishing Equipment Required:
1.All motorboats shall carry at least the minimum number of hand- held portable fire extinguishers set forth in § 1.26 of this Part, except motorboats less than 26 feet (7.9 meters) in length, propelled by outboard motors and not carrying passengers for hire. These need not carry such portable fire extinguishers if the construction of such motorboats will not permit the entrapment of explosive or flammable gasses or vapors. See § 1.8(E) of this Part.
2.All motor vessels shall carry at least the minimum number of hand- portable fire extinguishers set forth in § 1.26 of this Part and the following fire extinguishing equipment fitted in each machine space:
a.One Type B-II hand-portable fire extinguisher shall be carried for each 1,000 B.H.P. of the main engines or fraction thereof. However, not more than six such extinguishers need to be carried.
b.On motor vessels over 300 gross tons, either one Type B-III semi-portable fire extinguishing systems shall be fitted, or alternatively, a fixed fire extinguishing system shall be fitted in the machinery space. The frame or support of each Type B-III fire extinguisher required must be welded or otherwise permanently attached to a bulkhead or deck.
E.Exemptions - A person using a motorboat equipped with an outboard motor, less than 26 feet (7.9 meters) in length need not comply with § 1.26 of this Part if the construction of such motorboat will not permit the entrapment of explosive or flammable gases or vapors. The motorboat must comply with § 1.26 of this Part if one or more of the following conditions exist:
1.Closed compartment under thwarts and seats wherein portable fuel tanks may be stored.
2.Double bottoms are not sealed to the hull or that are not completely filled with flotation material.
3.Closed living spaces.
4.Closed stowage compartments in which combustible or flammable materials are stowed.
5.Permanently installed fuel tanks: A tank is considered permanently installed if it is secured so that it cannot be moved in case of a fire or other emergency or if it is such a weight that it cannot be moved by persons on board.
F.Stowage - Each item of fire-extinguishing equipment required by § 1.8(D) of this Part must be:
1.Stowed away from the potential hazard area.
2.Readily accessible.
G.Approval: Condition: Marking - Each item of hand-portable or semi-portable fire extinguishing equipment and each fixed fire extinguishing system required by § 1.8(D) of this Part must be:
1.Approved by the U.S. Coast Guard, under 46 C.F.R. § 162.028 or § 162.039, incorporated above at § 1.4(D) of this Part as applicable.
2.Shall be in compliance with 33 C.F.R. § 175 Subpart E, incorporated above at § 1.4(B) of this Part.
H.Fire Extinguishing Equipment Prohibited - The carriage of the following types of fire extinguishers is prohibited:
1.Dry chemical stored pressure type, not fitted with pressure gauges or indicating devices.
2.Vaporizing liquid type containing tetrachloride, chloroboromethane, or other toxic vaporizing liquids.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.9** Backfire Flame Control {#sec-250-ricr-80-00-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.9}
A.Applicability
This section applies to all motorboats and motor vessels, used on the waters subject to the jurisdiction of the state, and to which regulations apply, in which gasoline engines are installed, except vessels equipped with outboard motors.
B.Backfire Flame Control Requirement - No person may use a motorboat or motor vessel to which this section applies, unless each engine is provided with at least one of the following means of backfire flame control:
1.Backfire flame arrestor.
2.An engine air and fuel induction system.
3.An attachment to the carburetor or a location of the engine air induction system by means of which flames caused by engine backfire will be dispersed to the atmosphere outside the boat in such a manner that the flames will not endanger the boat, persons on board, or nearby vessels and structures.
4.On boats having an integrated engine-boat design, an engine air induction system.
C.Approval: Marking: Condition - With the exception of §§ 1.9(D) and (E) of this Part, no person may use a motorboat or motor vessel to which this section applies unless each backfire flame control installation required by § 1.9(B) of this Part is:
1.Approved by the U.S. Coast Guard under 46 C.F.R. § 182.415, incorporated above at § 1.4(E) of this Part.
2.Marked according to the requirements in 46 C.F.R. § 182.415 incorporated above at § 1.4(E) of this Part.
3.Maintained in serviceable condition.
D.Installation not Requiring Approval
Any attachment designed, constructed, and installed under the provisions of § 1.8(B) of this Part does not require approval and labeling. However, all attachments shall be of metallic construction with flame-tight connections, firmly secured to withstand vibrations, shock and engine backfire, and maintained in serviceable condition.
E.Installation with Prior Approval
Installation consisting of backfire flame arresters or engine air and fuel induction systems bearing U.S. Coast Guard approval No.162.015 need not meet the detailed requirements of § 1.8(D) of this Part and may continue to be in use as long as they are maintained in serviceable condition. Replacements shall meet the applicable conditions in this section.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.10** Ventilation {#sec-250-ricr-80-00-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.10}
A.Applicability
This section applies to all motorboats and motor vessels used on waters subject to the jurisdiction of this state.
B.Prohibition
No person may use a motorboat or motor vessel unless it meets the requirements of § 1.10(C) of this Part.
C.Tanks and Engine Spaces
1.All motorboats or motor vessels to which this section applies, except open boats, the construction or decking over of which is commenced after April 25, 1940, and which uses fuel having a flash-point of 110 degrees Fahrenheit or less, shall have at least 2 ventilator ducts fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gasses from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being re-circulated.
2.As used in this section, the term “Open Boats” means those motorboats or motor vessels with all engine and fuel tank compartments and other spaces to which explosive or flammable gasses and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gasses and vapors within the vessel.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.11** Navigation Lights and Day Shapes {#sec-250-ricr-80-00-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.11}
A.Applicability
Every vessel, used on the waters subject to the jurisdiction of this state, and subject to these regulations, from sunset to sunrise, and other periods of reduced visibility, shall carry and exhibit the following lights while underway or at anchor, and during such time, no other lights which may be mistaken for those prescribed shall be exhibited. The rules concerning shapes shall be complied with by day, sunrise to sunset.
B.Visibility - The lights prescribed in these rules shall be visible at the following minimum ranges:
1.Vessels of 164.04 feet (50 meters) or more in length:
a.A masthead light: 6 miles,
b.A sidelight: 3 miles,
c.A sternlight: 3 miles,
d.A white, red, or green all-round light: 2 miles
2.Vessels of 39.4 feet (12 meters) or more but less than 164.04 feet (50 meters) in length:
a.A masthead light: 5 miles, except that where the length of the vessel is less than 65.6 feet (20 meters): 3 miles,
b.A sidelight: 2 miles,
c.A stern light: 2 miles,
d.A white, red, or green all-round light: 2 miles
3.Vessels of less than 39.4 feet (12 meters) in length:
a.A masthead light: 2 miles,
b.A sidelight: 1 mile,
c.A stern light: 2 miles,
d.A white, red, or green all-round light: 2 miles
C.Power-Driven Vessels While Underway
1.A power-driven vessel underway shall exhibit a masthead light forward, a second masthead light abaft of and higher than the forward one, except that a vessel of less than 164.04 feet (50 meters) in length shall not be obliged to exhibit a second masthead light abaft of and higher than the forward one but may do so. Sidelights and a stern light shall also be exhibited.
2.A power driven vessel of less than 39.4 feet (12 meters) in length may, in lieu of the lights prescribed in § 1.11(C)(1) of this Part exhibit an all-round white light, and sidelights.
D.Sailing Vessels Underway and Manually Propelled Vessels
1.A sailing vessel underway shall exhibit sidelights and a sternlight.
2.A sailing vessel of less than 65.6 feet (20 meters) in length may, in lieu of the lights prescribed in § 1.10(D)(1) of this Part, may combine the lights in § 1.11(D)(1) of this Part in one lantern carried at or near the top of the mast where it can best be seen.
3.A sailing vessel underway may, in addition to the lights prescribed in § 1.11(D)(1) of this Part, exhibit at or the near top of the mast, where they can best be seen, two all-round lights in a vertical line, the upper being red and the lower green, but these lights shall not be exhibited in conjunction with the combined lantern permitted by § 1.11(D)(2) of this Part.
4.A sailing vessel of less than 22.97 feet (7 meters) in length shall, if practicable, exhibit the lights prescribed in §§ 1.11(D)(1) or (2) of this Part, but if said vessel does not, said vessel shall have, ready at hand, an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.
5.A manually propelled vessel may exhibit the lights prescribed in this Part for sailing vessels, but if said vessel does not, said vessel shall have, ready at hand, an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.
6.A vessel proceeding under sail, when also being propelled by machinery, shall exhibit forward, a conical shape, apex downward, where it can best be seen. A vessel less than 39.4 feet (12 meters) in length is not required to exhibit this shape, but may do so.
7.Sailing vessels using machinery, or sail and machinery, must display lights required for power driven vessels in § 1.11(C) of this Part.
E.Anchored Vessels and Vessels Aground
1.Vessels at anchor shall exhibit where it can best be seen in the fore part, an all-round white light or one ball; and at or near the stern, and all-round white light at a lower level than the all-round white light or one ball in the fore part where it can best be seen.
2.Vessels of less than 164.04 feet (50 meters) in length may exhibit an all-round white light where it can best be seen instead of the lights prescribed in § 1.11(E)(1) of this Part.
3.A Vessel at anchor may, and a vessel of 328.1 feet (100 meters) or more in length, shall also use the available working or equivalent lights to illuminate her decks.
4.A vessel aground shall exhibit the lights prescribed in §§ 1.11(E)(1) or (2) of this Part and in addition, if practicable, where they can best be seen, two all-round red lights in a vertical line or three balls in a vertical line.
5.Vessels of less than 22.97 feet (7 meters) in length when at anchor, not in or near a narrow channel, fairway, anchorage, or where other vessels normally navigate, shall not be required to exhibit the lights or shapes prescribed in §§ 1.11(E)(1) and (2) of this Part.
6.Vessels of less than 39.4 feet (12 meters) in length, when aground, shall not be required to exhibit two all-round red lights in a vertical line or three balls in a vertical line as prescribed in § 1.11(E)(4) of this Part.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.12** Sound Producing Devices {#sec-250-ricr-80-00-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.12}
A.Applicability
1.This section applies to all vessels used on waters subject to the jurisdiction of this state, except:
2.Racing shells, rowing skulls, racing kayaks, and any vessels engaged in a sanctioned regatta, race or a practice held within 48 hours of the sanctioned event.
B.Prohibition
No person may use a vessel to which this section applies unless it meets the requirements of 33 C.F.R. § 86, Annex III-Technical Details of Sound Signal Appliances, incorporated above at § 1.4(A) of this Part.
C.Requirements
1.Vessels of 39.4 feet (12 meters) but less than 65.6 feet (20 meters) in length shall be provided with a whistle audible for 1/2 nautical mile; a vessel 65.6 feet (20 meters) but less than 328.1 feet (100 meters) in length shall be provided with a whistle and a bell audible for 1 nautical mile; a vessel 328.1 feet (100 meters) in length or more shall be provided with a whistle, bell and a gong, the tone of which cannot be confused with that of a bell. For all vessels, the bell or gong or both may be replaced by other equipment having the same respective sound characteristics, provided that manual sounding of the prescribed signals shall always be possible.
2.Vessels of less than 39.4 feet (12 meters) including canoes, kayaks, sailboards, kiteboards, and paddleboards shall carry some means of making an efficient sound signal capable of a 4 second blast and audible for ½ nautical mile.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.13** Visual Distress Signals {#sec-250-ricr-80-00-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.13}
A.Applicability
This section applies to all vessels used on the coastal waters of this state.
B.Classification of Visual Distress Signals
A visual distress signal is a device approved by the United States Coast Guard under 46 C.F.R. §§ 160 and 161, incorporated above at § 1.4(D) of this Part. The Federal Requirements for visual distress signals are located in 33 C.F.R. § 175, incorporated above at § 1.4(B) of this Part.
C.Visual Distress Signal Requirements
1.No person shall use a vessel 16 feet (4.9 meters) or more in length unless visual distress signals selected from § 1.13 of this Part, in the number required, are on board. Devices suitable for day use and for night use, or combination devices designed for both day and night use must be carried.
2.No person may use a vessel less than 16 feet (4.9 meters) in length, between sunset and sunrise, unless visual distress signals suitable for night use, selected from § 1.13 of this Part in the number required, are on board.
3.When a visual distress signal carried to meet these regulations requires a launcher, a launcher approved by the U.S. Coast Guard under 46 C.F.R. § 160.028, incorporated above at § 1.4(D) of this Part is required.
D.Exemptions
1.The following persons need not comply with § 1.13(C) of this Part; however, each must carry on board visual distress signals suitable for night use, selected from § 1.13 of this Part in the number required, between sunset and sunrise:
2.Racing shells, rowing skulls, racing kayaks and any vessel engaged in a sanctioned regatta, race or a practice held within 48 hours of the sanctioned event.
3.A sailboat of completely open construction not equipped with propulsion machinery, under 26 feet (7.9 meters) in length.
E.Stowage
No person may use a vessel unless the required visual distress signals are readily accessible.
F.Serviceability
No person may use a vessel unless each required signal is in serviceable condition and the service life, indicated by a date marked on the signal, has not expired. Expired signals may be carried as extra equipment, but cannot be counted toward the visual distress requirement.
G.Marking
No person may use a vessel unless each signal required is legibly marked with the U.S. Coast Guard approval number or certification statement as specified in 46 C.F.R. §§ 160 and 161, incorporated above at § 1.4(D) of this Part.
H.Prohibited Use
No person in a vessel shall display a visual distress signal on waters to which these regulations apply under any circumstance except a situation where assistance is needed because of immediate or potential danger to the persons on board.
1.13.1Table - Visual Distress Signals Required
Approval Number
Device Description
Requirements
Required
46 C.F.R. § 160.021
Hand-Held Red Flare Distress Signal
Day/Night
3
46 C.F.R. § 160.022
Floating Orange Smoke Distress Signal
Day Only
3
46 C.F.R. §160.024
Parachute Red Flare Distress Signal (these signals require use in combination with a suitable launching device approved by the U.S. Coast Guard under 46 C.F.R. § 160.028).
Day/Night
3
46 C.F.R. § 160.036
Hand-Held Rocket-Propelled Parachute Red Flare Distress Signal
Day/Night
3
46 C.F.R. § 160.037
Hand-Held Orange Smoke Distress Signal
Day Only
3
46 C.F.R. § 160.057
Floating Orange Smoke Distress Signal
Day Only
3
46 C.F.R. § 160.066
Distress Signal For Boats, Red Aerial Pyrotechnic Flare (these devices may be either meteor or parachute assisted types. Some of these signals may require use in combination with a suitable launching device approved by the U.S. Coast Guard under 46 C.F.R. § 160.028).
Day/Night
3
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.14** Uniform State Waterway Marker System {#sec-250-ricr-80-00-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.14}
A.State Agency May Make Regulations
The Department of Environmental Management may make rules for the uniform marking of the water areas in this state through the placement of aids to navigation and regulatory markers prescribed by the U. S. Coast Guard. No city, county, or person shall mark or obstruct the waters of this state in any manner so as to endanger the operation of watercraft or conflict with the marking system prescribed by the Department of Environmental Management.
B.Disobedience to Aids to Navigation or Regulatory Markers
It shall be unlawful for a person to operate a vessel on the waters of this state in a manner other than that prescribed or permitted by the aid to navigation and/or the regulatory marker as referenced in § 1.14(A) of this Part.
C.Interference with Aids to Navigation or Regulatory Markers
No person shall moor or fasten a vessel to or willfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker prescribed or permitted pursuant to § 1.14(A) of this Part.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.15** Accidents and Casualties {#sec-250-ricr-80-00-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.15}
A.Reporting of Accidents and Casualties
1.The owner or operator of any vessel on the waters of this state, involved, or whose vessel is involved, in an accident and/or casualty where the value of the damage is in excess of two thousand dollars ($2,000.00), or other casualty which results in death or injury to a person, shall report the same, and immediately give notice of the incident to the Department of Environmental Management or to a nearby office of local or state police.
2.Examples of casualties that are required to be reported under this Rule are:
a.A collision between two vessels where the total property damage to either or both vessels is estimated to be more than two thousand dollars ($2,000.00).
b.A grounding of a vessel that results in property damage in excess of $2,000.00.
c.A collision with a fixed object (dock, pier, buoy, etc.) that results in property damage in excess of $2,000.00.
d.Any injury to a person that requires treatment beyond first aid. (e.g. struck by a vessel, falls overboard, falls caused by wake, as a result of a collision, collision being towed by a vessel, riding on a vessel, etc.).
e.A person becoming seriously ill or dying from medical causes not related to boating is not a reportable accident under this Rule.
B.Owner Required to Make Written Report
The owner of a vessel involved in an accident or casualty in excess of two thousand dollars ($2,000.00) shall, within five (5) days after the incident, forward a written report of the incident to the Department of Environmental Management, Division of Law Enforcement, 235 Promenade Street, Room 250, Providence, RI 02908, on forms provided by the department.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.16** Rules of Navigation {#sec-250-ricr-80-00-1-1.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.16}
A.These rules and regulations adopt the following:
1.The International Navigation Rules Act of 1977, P.L. 95-75, 91 Stat. 311, 33 U.S.C. §§ 1601-1608, 33 C.F.R. §§ 80-82 incorporated above at § 1.4(A) of this Part, for the operation of vessels on the waters of this state south of the COLREG’s Demarcation Line.
2.The Inland Navigation Rules Act of 1980, P.L. 96-591, 94 Stat. 3415, 33 C.F.R. §§ 83-90, incorporated above at § 1.4(A) of this Part for the operation of vessels on the waters of this state north of the COLREG’s Demarcation Line.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.17** Warning Flags for Scuba Divers, Skin Diving, or Snorkeling {#sec-250-ricr-80-00-1-1.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.17}
A.Applicability
This section applies to any person scuba diving, skin diving, or snorkeling in an area where motor boats or motor vessels are operated on the waters subject to the jurisdiction of this state.
B.Requirements and Restrictions for the Use of Warning Flags
1.A warning flag shall be placed on a buoy at a place of the diver’s submergence. The flag shall be red in color and at least twelve by twelve inches (12” x 12”) with a white stripe running from the diagonal corners and the stripe one quarter (1/4) as wide as the flag.
2.If not placed on a buoy, a warning flag shall be conspicuously flown upon a vessel which the diver is then using in the area. This flag shall meet the description of § 1.17(B)(1) of this Part, however, it shall be at least eighteen by eighteen inches (18" x 18").
3.A warning flag shall be in place only while diving operations are in progress.
4.A warning flag shall be illuminated by a light shining on the flag during the hours between sunset and sunrise.
5.No person shall use a warning flag in an area that obstructs navigation.
6.Motorboats shall not be operated within fifty feet (50') of any flag as above described. No person shall be in violation of this section if he or she travels within fifty feet (50') of a scuba diver, skin diver, or snorkeler who is in fact obstructing navigation.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.18** Towing Skiers {#sec-250-ricr-80-00-1-1.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.18}
A.Applicability
This section applies to all vessels on waters subject to the jurisdiction of the state towing a person(s) on water skis, surfboard, tube, or similar device.
B.Requirements and Restrictions for Towing Skiers
1.No person shall operate a vessel on any waters of this state for towing a person(s) on water skis, surfboard, tube, or similar device unless there is a person in the vessel at least twelve (12) years of age in addition to the operator who is in a position to observe the progress of the person(s) being towed.
2.Any person on water skis, surf board, tube, or similar device being towed behind a vessel, must wear a personal flotation device approved by the U.S Coast Guard and approved for this towing activity.
3.No person shall operate a vessel on any waters of this state towing a person(s) on water skis, surfboard, tube, or similar device, nor shall any person engage in water skiing, surfboarding, tubing, or a similar activity at any time between the hours from one hour after sunset to one hour before sunrise.
4.No person shall operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person.
C.Exemptions
The provisions of §§ 1.18(B)(1) through (3) of this Part do not apply to a performer engaged in a professional exhibition or a person(s) engaged in an activity authorized under R.I. Gen. Laws § 46-22-13.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.19** Vessel Registration Numbering and Display of Numbers {#sec-250-ricr-80-00-1-1.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.19}
A.Applicability
This section applies to all vessels required to be registered and numbered under R.I. Gen. Laws Chapter 46-22 used on the waters subject to the jurisdiction of this state.
B.Prohibition
No person may operate a vessel unless it meets the requirements of §§ 1.19(C) and (D) of this Part unless exempted from numbering and registration under R.I. Gen. Laws Chapter 46-22.
C.Position of Vessel Numbers and Registration Decal
1.The registration numbers assigned to a vessel must be placed on said vessel. These numbers must be at least three inches high; must be of a contrasting color to the background upon which they are placed; must be painted or attached to each side of the forward half of the vessel and so positioned to read from left to right and be distinctly visible and legible except as allowed by § 1.19(D) of this Part. In addition to the registration number, each registered vessel must display the assigned registration decal to be affixed within three inches to the right of the registration number. No other numbers and only current decals shall be displayed. The numbers and decal must be displayed so that there is a space between the prefix (state abbreviation), four numerals, the suffix (letter or letters) and the decal. The width of the space between each must be at least the width of a numeral or letter other than 1 or I.
2.Example: RI 1234 X
D.Exemptions
1.When a vessel is used by a manufacturer or by a dealer for testing or demonstrating, the registration number may be painted on or attached to removable plates that are temporarily but firmly attached to each side of the forward half of the vessel.
2.When a vessel is so configured that a registration number on the hull or superstructure would not be easily visible, the registration number must be painted on a backing plate that is attached to the forward half of the vessel so that the number is visible from each side of the vessel.
3.When a vessel has been documented by the U.S. Coast Guard, the vessel must follow federal laws and regulations with regards to the display of documentation numbers, and the assigned registration decals must be placed on each side of the forward half of the vessel where the decals are distinctly visible. It is acceptable for a documented vessel to place the registration decal in an area other than the hull of the vessel. For example, a window or the windshield may be used.
E.Certificate of Number (Registration) required on Board
A valid certificate of number (registration) or temporary registration must be on board the vessel whenever the owner or any person authorized by the owner is aboard, except that a rental boat may carry a rental agreement in lieu of the certificate. Each person using a vessel to which this rule applies shall present the certificate of numbers (registration) to any federal, state or local enforcement officer for inspection at his or her request.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.20** Engine Cut off Switch {#sec-250-ricr-80-00-1-1.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.20}
Operators of recreational vessels less than 26 feet in length that are equipped with an engine cut off switch shall be required to use said engine cut off switch in accordance with 46 U.S.C. § 4312.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.21** Bow Riding {#sec-250-ricr-80-00-1-1.21 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.21}
A.No operator of a vessel under power shall allow any person to ride or sit on the gunwales, tops of seat backs or on the decking over the bow of a boat while underway unless the bow of the vessel is equipped with seats designed to accommodate passengers or a handrail that encompasses the bow and all persons on the bow are inward of such handrail. The provisions of this subsection shall not apply to persons in or on the bow of a vessel engaged in anchoring, mooring, or docking.
B.No operator of a vessel under power shall allow any person in or on the bow of such vessel to hang any portion of the body beyond the handrail or outside the vessel over the top of the gunwale while underway. The provisions of this subsection shall not apply to persons in or on the bow of a vessel engaged in anchoring, mooring, or docking.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.22** Slow Down/Move Over {#sec-250-ricr-80-00-1-1.22 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.22}
A person may not operate a vessel faster than headway speed within 300 feet of an emergency vessel, including but not limited to law enforcement vessels, United States Coast Guard vessels, fire fighting vessels when such vessel's emergency lights are activated or vessels engaged in activities recognized by the US Coast Guard displaying rotating or sequential flashing red and yellow lights.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.23** Penalties {#sec-250-ricr-80-00-1-1.23 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.23}
Any person who violates any provision of these regulations promulgated under R.I. Gen. Laws Chapter 46-22 shall be subject to the imposition of a penalty for each and every violation as provided in R.I. Gen. Laws § 46-22-19.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.24** Severability {#sec-250-ricr-80-00-1-1.24 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.24}
If any provision of these rules and regulations, of 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.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.25** Superseded Rules and Regulations {#sec-250-ricr-80-00-1-1.25 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.25}
On the effective date of these rules and regulations, all previous rules and regulations and any policies regarding the administration and enforcement of The Regulation Boats R.I. Gen. Laws Chapter 46-22 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.
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.26** Table - Minimum Number of B-I Hand-Portable Fire Extinguishers Required {#sec-250-ricr-80-00-1-1.26 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.26}
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
##### **250-RICR-80-00-1 § 1.27** Table - Minimum Number of B-I Hand-Portable Fire Extinguishers Required {#sec-250-ricr-80-00-1-1.27 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-1#1.27}
**History**
- *Amendment — effective from 2023-04-02 to current*
- *Periodic Refile — effective from 2022-01-04 to 04/02/2023*
- *Technical Revision — effective from 2014-07-16 to 01/04/2022*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Technical Revision — effective from 2014-07-16 to 07/16/2014*
- *Amendment — effective from 2014-07-16 to 07/16/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/16/2014*
#### **250-RICR-80-00-2** Rules and Regulations Governing Boating in the Town of Glocester
##### **250-RICR-80-00-2 § 2.1** Authority {#sec-250-ricr-80-00-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-2#2.1}
These regulations are adopted pursuant to R.I. Gen. Laws Chapters 42-35, 42-17.1, and 46-22.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-80-00-2 § 2.2** Special Regulations Boating Town of Glocester {#sec-250-ricr-80-00-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-2#2.2}
A.In accordance with and pursuant to the provisions of R.I. Gen. Laws §§ 42-35-3 and 46-22-14, and following a public hearing in the Town Hall, Burrillville, Rhode Island at 7:30 P.M., 12 May 1976, the following regulations are promulgated:
1.No person shall launch any motorboat with a motor in excess of 10 horsepower on the waters of Pascoag Reservoir at the state-owned launching ramp on Schoolhouse Road, Glocester between the Saturday before Memorial Day and Labor Day, of each year, inclusive.
2.No person shall operate any boat, motorboat, or watercraft of any kind on the waters of Ponagansett Reservoir, north of the line of the Snake Hill Road roadbed. However, boating and motorboats powered with electric motors are permitted south of the line of the Snake Hill Road roadbed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-80-00-3** Rules and Regulations Governing Boating in the Town of South Kingstown
##### **250-RICR-80-00-3 § 3.1** Authority {#sec-250-ricr-80-00-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-3#3.1}
These regulations are adopted pursuant to R.I. Gen. Laws Chapters 42-35, 42-17.1, and 46-22.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-80-00-3 § 3.2** Special Regulations Vessels Town of South Kingstown {#sec-250-ricr-80-00-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-3#3.2}
A.In accordance with and pursuant to the provisions of R.I. Gen. Laws §§ 42-35-3 and 46-22-14 and following a public hearing in the Council Chamber, Town Hall, South Kingstown at 7:30 P.M., March 26, 1975, the following regulations are promulgated:
1.No person shall operate any motorboat with a motor in excess of 10 horsepower on the waters of Indian Lake, within the territorial limits of the Town of South Kingstown;
2.No person shall operate any motorboat, except a motorboat propelled by an electric motor, on the waters of Barbers Pond within the territorial limits of the Town of South Kingstown.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-80-00-4** Derelict and Abandoned Vessel and Obstruction Removal Commission Rules and Regulations
##### **250-RICR-80-00-4 § 4.1** Definitions {#sec-250-ricr-80-00-4-4.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.1}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1.“Abandoned vessel" means a vessel that has been left, moored, or anchored in the same area without the express consent, or contrary to the rules of the owner, manager, or lessee of the submerged lands or waters below or on which the vessel is located for more than 45 (forty-five) consecutive days or for more than a total of 90 (ninety) days in any 365 (three hundred sixty-five) day period, and the vessel's owner is: not known or cannot be located; or known and located but unwilling to take control of the vessel. Examples of abandoned vessels shall include, but not be limited to, the following:
a.Any vessel that is left unattended or has remained illegally on public property, including docks, boat launching ramps, or moorings for more than 45 (forty-five) days; or
b.Any vessel that has been found adrift or unattended in or upon the waters or submerged lands of the State and is found in a condition of disrepair as to constitute a hazard or obstruction to the use of the waters and submerged lands of the State or presents a potential health or environmental hazard.
2.“Account” means the derelict and abandoned vessel and obstruction removal account established pursuant to R. I. Gen. Laws § 46-6-10.3.
3."Authorized public entity" means the Department of Environmental Management or any municipality with jurisdiction or management authority over the harbor areas where an abandoned or derelict vessel or other obstruction is located.
4."Department" means the Department of Environmental Management.
5."Derelict vessel" means a vessel whose owner is known and can be located, and who is able to exert control of a vessel that:
a.Has been moored, anchored, or otherwise left in the waters or submerged lands of the State or on public property contrary to the rules adopted by an authorized public entity;
b.Is sunk or in danger of sinking;
c.Is obstructing a waterway; and/or
d.Is endangering life or property.
6."Director" means the Director of the Department of Environmental Management.
7."Mean high water" means a line of contour representing the eighteen and six-tenths "18.6" year average as determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and methodology of the United States Coastal Geodetic Survey within the National Oceanic and Atmospheric Administration.
8."Obstruction" means any unlawful or unauthorized structure or thing that is deposited or suffered to be or remain in the tidal waters or upon the tidal lands of the State, and in the judgment of the Director is, or is liable to cause or become, an obstruction to the safe and convenient use of the waters and submerged lands of the State for navigation and other lawful purposes.
9."Owner" means a person other than a lienholder having a property interest in, or title to a vessel, or other obstruction. The term includes a person entitled to use or have possession of a vessel or other obstruction subject to an interest in another person, reserved, or created by agreement and securing payment or performance of an obligation, but it does not include a lessee under a lease not intended as security.
10.“Salvage value” means the estimated residual value of a depreciable asset or property at the end of its economical or useful life.
11.“Species of special concern” means those species that are listed as threatened or of special concern under the Department of Environmental Management’s Rhode Island Natural Heritage Program, by the Department of Environmental Management’s Division of Fish and Wildlife, or by the U.S. Fish and Wildlife Service.
12.“State” means the State of Rhode Island and Providence Plantations.
13."Tidal lands" means those lands that are below the mean high water.
14."Tidal waters" means all waters seaward of mean high water.
15."Vessel" means every description of watercraft other than a seaplane on the water used or capable of being used as a means of transportation on water.
16."Waters and submerged lands of the State" means all tidal waters and tidal lands within the territorial limits of the State, all inland waters of the State, and all publicly owned submerged lands lying beneath the inland waters of the State.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.2** Authority {#sec-250-ricr-80-00-4-4.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.2}
Pursuant to R.I. Gen. Laws § 46-6-10.2, the Derelict and Abandoned Vessel and Obstruction Removal Commission was established to develop criteria to prioritize the disbursement of funds from the derelict and abandoned vessel and obstruction removal account established pursuant to R.I. Gen. Laws § 46-6-10.3 and to advise the Director as to the application of those criteria.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.3** Purpose {#sec-250-ricr-80-00-4-4.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.3}
These regulations provide the guidelines and procedures whereby a public entity may apply to be considered for reimbursement from the Account to cover the costs of removing, disposing, and/or selling derelict and abandoned vessels and other obstructions, including any associated administrative or environmental remediation costs, in accordance with the provisions of R.I. Gen. Laws Chapter 46-6.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.4** Derelict and Abandoned Vessel and Obstruction Removal Commission {#sec-250-ricr-80-00-4-4.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.4}
A.Commission Established
Consistent with R. I. Gen. Laws § 46-6-10.2, the “Derelict and Abandoned Vessel and Obstruction Removal Commission” shall advise and assist the Department in prioritizing the disbursement of funds from the Account.
B.Membership
The “Derelict and Abandoned Vessel and Obstruction Removal Commission” shall consist of five (5) members as follows:
1.One member who shall be engaged in the marine trades industry to be appointed by the Governor with advice and consent of the Senate,
2.One member who shall represent a private nonprofit environmental advocacy organization whose purposes include protecting and preserving Narragansett Bay, to be appointed by the Governor with advice and consent of the Senate,
3.One member who shall be a municipal harbormaster to be appointed by the Governor with advice and consent of the Senate,
4.The Director or his or her designee, and
5.The Executive Director of the Coastal Resources Management Council or his or her designee.
C.The chairperson shall be elected by the members of the Commission.
D.The members appointed by the Governor shall serve 3 (three) year terms and be eligible for re-appointment.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.5** Allocation of Funds {#sec-250-ricr-80-00-4-4.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.5}
A.The Commission may by majority vote to approve an application submitted by an authorized public entity for reimbursement to cover the costs of removing, disposing, and/or selling derelict and abandoned vessels and other obstructions from the Account submitted to the Commission on the Commission’s Application Form. The Commission shall consider timely-submitted applications consistent with the Commission’s evaluation criteria set forth in § 4.9 of this Part. The Commission shall submit to the Director, recommendations for amounts to be awarded to applicants. The Director shall review and make a determination on the recommendations within 30 (thirty) days of receipt. Final decision making authority for awarding of funds resides with the Director.
B.The Commission may establish the minimum and maximum amounts of funding which may be applied for by, or awarded to, an authorized public entity or project within any funding round or within an individual category.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.6** Application Procedure {#sec-250-ricr-80-00-4-4.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.6}
A.Application Form
An application for reimbursement to cover the costs of removing, disposing, and/or selling derelict and abandoned vessels and other obstructions from the Account may only be submitted by an authorized public entity through the submittal to the Commission of a request on an Application Form (a copy of which is attached hereto and designated Appendix #1, § 4.12 of this Part) together with such other supporting material as may be deemed appropriate.
B.Filing of Applications
Applications for reimbursement will be considered by the Commission semi-annually with application deadlines of July 1 and November 1. Applications may be submitted to the following address:
Derelict and Abandoned Vessel and Obstruction Removal Commission
c/o RIDEM / Division of Law Enforcement
235 Promenade Street, RM 250
Providence, RI 02908
Alternatively, an application may be submitted electronically to:
[email protected].
C.Applications may be submitted by authorized public entities at any time that an emergency is presented that mandates the immediate removal of a derelict or abandoned vessel or obstruction.
D.Applications may be submitted by authorized public entities any time that the salvage value of the derelict or abandoned vessel or obstruction to be removed is in excess of the cost of its removal, thus providing a reasonable expectation that the authorized public entity will not be required to seek the allocation of funds for the cost of removal of the subject vessel or obstruction, or may result in the deposit of funds into the Account.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.7** Application Package {#sec-250-ricr-80-00-4-4.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.7}
The application package shall contain an affidavit to be signed by the harbormaster of the municipality (or his/her representative) attesting to the affiant’s approval of the application and to the accuracy of the information in support thereof.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.8** Application Review {#sec-250-ricr-80-00-4-4.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.8}
The Commission shall review the applications and determine those that fail to meet the minimum eligibility criteria or which are incomplete. Applicants shall be notified promptly if the applications that have been disqualified. The Commission may accept modified applications for consideration during a subsequent application period.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.9** Evaluation Criteria and Awards {#sec-250-ricr-80-00-4-4.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.9}
4.9.1Evaluation Criteria
The Commission shall evaluate the applications received utilizing criteria consistent with Commission objectives. Criteria to be considered shall include the extent to which derelict and abandoned vessels are in danger of sinking or have sunk, are breaking up or have broken up, pose a hazard to navigation, and/or pose threats to the environment; and the extent to which obstructions pose a hazard to navigation, and/or pose threats to the environment. The Commission shall utilize the Abandoned Vessel Scoring Form (a copy of which is attached hereto and designated Appendix #2, § 4.13 of this Part) in evaluating the applications.
4.9.2Awards
Once the Commission has reviewed and scored all of the applications, it shall evaluate which applications should be granted reimbursements based upon the scoring. The Commission may also consider the relative amounts of money requested in the various applications in order to maximize use of the limited amounts appropriated to the Account. Upon completion of all scoring activities, the Commission by majority vote shall submit to the Director recommendations of amounts to be awarded to applicants. The amount of the reimbursements awarded on the list of recommendations may not exceed the amount of funds available to be awarded from funds in the Account. The Commission shall submit the recommendations to the Director who shall review and make a determination on recommendations within 30 (thirty) days of receipt. Final decision making authority for awarding of funds resides with the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.10** Emergency Response Fund {#sec-250-ricr-80-00-4-4.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.10}
The Commission shall annually designate a portion of the Account for the purpose of funding emergency response expenditures authorized by the Director or his or her designee consistent with the requirements of R.I. Gen. Laws §§ 46-6-8 and 46-6-10.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.11** Severability {#sec-250-ricr-80-00-4-4.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.11}
If any section, paragraph, phase, sentence or clause of these rules and regulations is declared invalid or unconstitutional for any reason; the remainder of the rules shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.12** APPENDIX #1 {#sec-250-ricr-80-00-4-4.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.12}
Abandoned Vessel Removal Application Form
File Number (to be assigned by Agency):
Today’s date:
Date sighted or incident:
When did the vessel become abandoned and how was this determined (please attach documentation)?
Removal form filed by:
Mailing address:
Contact phone numbers
Cell:
Office:
mail:
General location of vessel:
Latitude:
Longitude:
Water Depth:
Is vessel on private property
If so, property owner’s name and address:
Vessel Name:
Identification Number:
Photos shall be attached detailing various views.
Vessel owner’s name:
Owner’s address:
Owner’s Insurance: Agency
Policy #
Has the vessel owner been found to be unable to pay? Please elaborate.
How is the vessel secured
Length: FT
Beam: FT
Tonnage:
Hull Type (wood, fiberglass etc.):
Propulsion (sail, power):
Type of Fuel (gas/diesel):
Is there anything leaking
Estimated Fuel on board (gal)
Any other hazardous material
What government agencies have responded to this incident (attach/include reports)
What was the outcome of this response
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
##### **250-RICR-80-00-4 § 4.13** APPENDIX #2 {#sec-250-ricr-80-00-4-4.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-4#4.13}
RANK
0
1
2
3
4
Rank
Multiplier
Score
Human Health and Safety
Not accessible to public, not a site of criminal activity or dumping
Access to vessel is difficult for public, not likely a site of criminal activity or dumping
Public access to vessel is somewhat limited, some broken parts and physical hazards
Very little effort to limit public access to vessel, broken parts causing hazardous surfaces and/or attractive nuisance, possible site of criminal activity or dumping
Unrestricted public access onto vessel, Used as dump site or site of other criminal activity
2
Environmental Hazard
Known to be clean and does not pose a direct threat to habitats or species
Does not likely contain much fuel or HAZMAT, residual amounts only; or poses minor threat to habitats or species
Potentially holds a moderate amount of fuel or HAZMAT; ongoing activities or neglect make spill possible; or directly impacts natural habitats or species, or threatens species of concern
Potentially holds large amounts of fuel or HAZMAT; containers of unknown materials visible on vessel; ongoing activities make spill likely; or directly impacts habitats or species of concern
Leaking oil or HAZMAT imminent; or directly impacts threatened or endangered species
2
Navigational Hazard
Away from vessel traffic
Near limited vessel traffic
Encroaching upon middle of moderate traffic area (e.g., approaches to small marinas or ports)
Encroaching upon middle of high-traffic area, such as approach to large marinas or ports
Encroaching upon middle of navigable waterway (e.g., a traffic lane)
2
Threat to Economic or Public Benefit
No threat to public or commercial benefit
Public or commercial benefit may be harmed by a change in vessel status
Public or commercial benefit is partly harmed by the presence of the vessel or may be harmed with a change in vessel status
Public or commercial benefit is harmed by the presence of the vessel or may be severely harmed with a change in vessel status
Public or commercial benefit is severely harmed by the presence of the vessel
1
Threat of Vessel Status Change
Tied securely to dock with sound lines and in sound condition
Moored or anchored securely and in sound condition
Moored or anchored but untended for >1 year; riding noticeably low in water; sunken and stable; or grounded in the intertidal zone
Not adrift, but in danger of becoming adrift, breaking up, or sinking; or sunken and unstable
Adrift or in imminent danger of becoming adrift, breaking up, or sinking.
1
Cost Benefit
> $30,000 per vessel
> $20,000 to $30,000 per vessel
> $10,000 to $20,000 per vessel
> $5,000 to $10,000 per vessel
< $5,000 per vessel
1
TOTAL SCORE
Note: Shaded cells indicate situations that may elevate vessel status to an emergency subject to the discretion of the Director
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-06-05 to 01/04/2022*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Technical Revision — effective from 2014-06-05 to 06/05/2014*
- *Adoption — effective from 2014-06-05 to 06/05/2014*
#### **250-RICR-80-00-6** Rules and Regulations Governing the Suspension/Revocation of Commercial and Recreational Fishing Licenses
##### **250-RICR-80-00-6 § 6.1** Purpose {#sec-250-ricr-80-00-6-6.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-6#6.1}
The purpose of these Rules and Regulations is to govern the suspension/revocation of commercial marine fisheries, shellfish dealer, lobster dealer, Finfish dealer, and multi-purpose dealer licenses as well as salt water fishing licenses issued pursuant to R.I. Gen. Laws Title 20.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-09-10 to 01/04/2022*
- *Amendment — effective from 2018-07-30 to 09/10/2020*
- *Periodic Refile — effective from 2001-12-31 to 07/30/2018*
##### **250-RICR-80-00-6 § 6.2** Authority {#sec-250-ricr-80-00-6-6.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-6#6.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapters 42-17.1, 20-2, 20-2.1, 20-2.2, 20-4, 20-4.1, 20-5, 20-6, 20-7, 20-8.1, 20-10 and R.I. Gen. Laws §§ 20-1-4, 20-4-1.1, 20-6-24, and 20-7-5.1 in accordance with R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-09-10 to 01/04/2022*
- *Amendment — effective from 2018-07-30 to 09/10/2020*
- *Periodic Refile — effective from 2001-12-31 to 07/30/2018*
##### **250-RICR-80-00-6 § 6.3** Application {#sec-250-ricr-80-00-6-6.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-6#6.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-09-10 to 01/04/2022*
- *Amendment — effective from 2018-07-30 to 09/10/2020*
- *Periodic Refile — effective from 2001-12-31 to 07/30/2018*
##### **250-RICR-80-00-6 § 6.4** Severability {#sec-250-ricr-80-00-6-6.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-6#6.4}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-09-10 to 01/04/2022*
- *Amendment — effective from 2018-07-30 to 09/10/2020*
- *Periodic Refile — effective from 2001-12-31 to 07/30/2018*
##### **250-RICR-80-00-6 § 6.5** Superseded Rules and Regulations {#sec-250-ricr-80-00-6-6.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-6#6.5}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the suspension and revocation of licenses pursuant to R.I. Gen. Laws Chapters 42-35, 42-17.1, 20-2, 20-4, 20-5, 20-6, and 20-7 shall be superseded. However, any enforcement action taken by 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-09-10 to 01/04/2022*
- *Amendment — effective from 2018-07-30 to 09/10/2020*
- *Periodic Refile — effective from 2001-12-31 to 07/30/2018*
##### **250-RICR-80-00-6 § 6.6** Regulations {#sec-250-ricr-80-00-6-6.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-6#6.6}
A.Commercial Fishing License:
1.Any individual who has violated the provisions of R.I. Gen. Laws Chapters 20-1, 20-2, 20-2.1, 20-2.2, 20-3, 20-4, 20-4.1, 20-5, 20-6, 20-7, 20-8.1, and 20-10; or who has violated any Rule or Regulation adopted pursuant thereto, may have their commercial fishing license and the privileges to participate in the commercial fisheries suspended or revoked as the Director or his/her designee in his/her discretion determines, for the time periods listed as follows unless otherwise addressed in R.I. Gen. Laws § 20-7-7:
a.First violation – up to thirty (30) days' suspension;
b.Second violation – up to ninety (90) days' suspension;
c.Third violation – up to three hundred and sixty-five (365) days' suspension;
d.Fourth and successive violations – revocation.
2.No new license conferring said privileges shall be issued during the period of suspension or revocation.
3.Any person aggrieved by an order of suspension or revocation may appeal therefrom (in accordance with R.I. Gen. Laws Chapter 42-35 and the Rules and Regulations adopted pursuant thereto) by requesting a hearing, in writing, within twenty (20) days of receipt of said order.
B.Fish Trap License:
1.The Fish Trap License and the privilege to set, erect, or maintain fish traps in the public waters of this State, of any person who has violated the provisions of R.I. Gen. Laws Chapters 20-1, 20-2, 20-3, 20-4, 20-4.1, 20-5, 20-6, 20-7, 20-8.1, and 20-10 or who has violated any Rule or Regulation adopted in accordance with said Title and Chapters, may be suspended or revoked as the Director or his/her designee in his/her discretion determines, for the time periods listed as follows:
a.First violation – up to thirty (30) days' suspension;
b.Second violation – up to ninety (90) days' suspension;
c.Third violation – up to three hundred and sixty-five (365) days' suspension;
d.Fourth and successive violations – revocation.
2.No new license conferring said privileges shall be issued during the period of suspension or revocation.
3.Any person aggrieved by an order of suspension or revocation may appeal therefrom (in accordance with R.I. Gen. Laws Chapter 42-35 and the Rules and Regulations adopted pursuant thereto) by requesting a hearing, in writing, within twenty (20) days of receipt of said order.
4.The Department of Environmental Management may deny renewal or issuance of a fish trap license to any person, firm, association or corporation which is managed by or has as a principal, shareholder, creditor or employee, a person who was or is a, partner, manager, principal, or shareholder of a fish trap business whose license at the time of application is subject to suspension, revocation, or denial by the Department of Environmental Management.
C.Party and Charter Boat License:
1.Any individual who has violated the provisions of: R.I. Gen. Laws Chapters 20-1, 20-2, 20-3, 20-4, 20-4.1, 20-5, 20-6, 20-7, 20-8.1, 20-10, 46-22 and 46-22.2 or who has violated any Rule or Regulation adopted in pursuant thereto, may have their party and charter boat license and the privileges conferred by said license suspended or revoked as the Director or his/her designee in his/her discretion determines, for the time periods listed as follows:
a.First violation – up to thirty (30) days' suspension;
b.Second violation – up to ninety (90) days' suspension;
c.Third violation – up to three hundred and sixty-five (365) days' suspension;
d.Fourth and successive violations – revocation.
2.No new license conferring said privileges shall be issued during the period of suspension or revocation.
3.Any person aggrieved by an order of suspension or revocation may appeal therefrom (in accordance with R.I. Gen. Laws Chapter 42-35) by requesting a hearing, in writing, within twenty (20) days of receipt of said order.
D.Shellfish Dealer, Lobster Dealer, Finfish Dealer, Multi-purpose Dealer, Direct Sale Dealer:
1.The license of any shellfish buyer, lobster dealer, Finfish dealer, multi-purpose dealer and the privilege to barter or trade in shellfish, lobster or Finfish in this State, of any person who has violated the provisions of R.I. Gen. Laws Chapters 20-1, 20-2, 20-3, 20-4, 20-4.1, 20-5, 20-6, 20-7, 20-8.1, and 20-10 or who has violated any Rule or Regulation adopted in accordance with said Title and Chapters, may be suspended or revoked as the Director or his/her designee in his/her discretion determines, for the time periods listed as follows:
a.First violation – up to thirty (30) days' suspension;
b.Second violation – up to ninety (90) days' suspension;
c.Third violation – up to three hundred and sixty-five (365) days' suspension;
d.Fourth and successive violations – revocation.
2.No new license conferring said privileges shall be issued during the period of suspension or revocation.
3.Any person aggrieved by an order of suspension or revocation may appeal therefrom (in accordance with R.I. Gen. Laws Chapter 42-35) by requesting a hearing, in writing, within twenty (20) days of receipt of said order.
4.The Department of Environmental Management may deny renewal or issuance of a shellfish buyer, lobster dealer, Finfish dealer, multi-purpose dealer license to any person, firm, association or corporation which is managed by or has as a principal, shareholder, creditor, or employee, a person who was or is a shellfish buyer, lobster dealer, Finfish dealer, multi-purpose dealer, partner, manager, principal or shareholder of a shellfish buyer, lobster dealer, Finfish dealer, multi-purpose dealer whose license at the time of application is subject to suspension, revocation or denial by the Department of Environmental Management.
E.Licenses Suspension/Revocation of Recreational Salt Water Fishing License:
1.Any person who is convicted of violating any provision of R.I. Gen. Laws Title 20 or any Rule or Regulation issued pursuant thereto, and who holds a license to fish, hunt, or trap or to engage in any other activity other than commercial marine fisheries, shellfish buyers, lobster dealers, Finfish dealers and multi-purpose dealers, may have such license revoked by order of the Director, or his/her designee, for the period set forth in the following schedule:
a.First violation – revocation for up to a period of one (1) year;
b.Second violation – revocation for up to a period of two (2) years;
c.Third violation and succeeding violations – revocation for up to a period of three (3) years.
2.No new license shall be issued to any person whose license has been revoked during the period set forth.
3.Any person aggrieved by an order of revocation may appeal therefrom in accordance with the provisions of the R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-09-10 to 01/04/2022*
- *Amendment — effective from 2018-07-30 to 09/10/2020*
- *Periodic Refile — effective from 2001-12-31 to 07/30/2018*
#### **250-RICR-80-00-8** Rules and Regulations Relating to Registration and Control of Snowmobiles and Recreational Vehicles
##### **250-RICR-80-00-8 § 8.1** Authority {#sec-250-ricr-80-00-8-8.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.1}
These regulations are adopted pursuant to R.I. Gen. Laws Chapters 42-17.1, Department of Environmental Management; § 31-3.2-6, Snowmobiles and Recreational Vehicles; and in accordance with the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.2** Definitions {#sec-250-ricr-80-00-8-8.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.2}
A.The following words when used in the rules shall have the following meaning:
1.“Identification certificate” means a document issued to the registered snowmobile/recreational vehicle owner that contains the assigned registration number, expiration date, instructions for notification if the vehicle is sold, lost, destroyed, or otherwise disposed.
2."Recreational vehicle" means a motor vehicle including minibikes designed to travel over unimproved terrain and which has been determined by the Division of Motor Vehicles as unsuitable for operation on the public way and not eligible for registration for such use. This shall not be construed to include golf mobiles or golf carts, riding lawn mowers, or garden tractors, which are not registered as farm vehicles, but shall include any three (3) wheel drive vehicle and any other four (4) wheel drive vehicle, regardless of type or design, including all classes of all-terrain vehicles.
3. “Reportable accident” means any accident or incident resulting in death or personal injury, or property damage in excess of $500 (five hundred dollars) total per accident.
4."Snowmobile" means a motor vehicle designed to travel over ice or snow supported in whole or in part by skis, belts, cleats, or low-pressure tires.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.3** Registration of Snowmobiles {#sec-250-ricr-80-00-8-8.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.3}
A.Every snowmobile, except those exempted under R.I. Gen. Laws § 31-3.2-2, operated within the State of Rhode Island shall be registered and numbered as provided with the Department.
B.The numbering system shall consist of two (2) identical, reflectorized, pre-numbered registration decals having Arabic numerals.
C.The numbered registration decals shall be applied to each side of the cowling of the snowmobile for which they have been issued.
D.The identification certificate shall be carried on the snowmobile whenever the snowmobile is in use.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.4** Registration of Recreational Vehicles {#sec-250-ricr-80-00-8-8.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.4}
A.Every off-road recreational vehicle, except those exempt under R.I. Gen. Laws § 31-3.2-2, operated within the State of Rhode Island shall be registered with the Department and numbered as provided.
B.The numbering system shall consist of a reflectorized and pre-numbered registration decal having Arabic numerals.
C.The pre-numbered registration decal shall be applied to the recreational vehicle in such a place on the vehicle so it will be both conspicuous and receive the least amount of wear and tear.
D.The identification certificate shall be carried on the recreational vehicle whenever it is in use.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.5** Application for Registration {#sec-250-ricr-80-00-8-8.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.5}
A.The application for an identification certificate for snowmobiles and recreational vehicles shall include, but not be limited to, the following:
1.Make of vehicle
2.Year built
3.Frame or body number
4.Type of vehicle
5.Engine make
6.Engine serial number
7.Fees
8.Maximum capacity of vehicle
9.Horsepower or cc of engine
10.Color
11.Name, address, and date of birth of owner
12.Signature of owner
13.From whom vehicle was acquired
B.The identification certificate shall contain, in addition to § 8.5(A)(1) through (13) of this Part, the registration number assigned and the expiration date. It shall also contain instructions for notification if vehicle is sold, lost, destroyed, or otherwise disposed.
C.Proof of ownership of a snowmobile or recreational vehicle is required for registration.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.6** Duration of Registration {#sec-250-ricr-80-00-8-8.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.6}
The identification certificate and the number assigned shall expire at midnight on the 31st day of October each year.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.7** Lost, Destroyed, Stolen or Abandoned, Snowmobiles or Recreational Vehicles {#sec-250-ricr-80-00-8-8.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.7}
A.The owner shall report and surrender the identification certificate to the Department within 15 (fifteen) days after the loss, destruction, theft, abandonment of the snowmobile or recreational vehicle. The assigned number shall be held for one (1) year; and if another vehicle is not obtained and registered within that period, the number may be reassigned to someone else.
B.Sold or Traded Snowmobiles or Recreational Vehicles
1.If the vehicle is sold or traded the reflectorized validation decals shall be removed or otherwise destroyed and within 15 (fifteen) days the Department shall be notified of the name and address of the person(s) to whom the vehicle was sold or traded.
C.Lost or Destroyed Identification Certificate
1.In the event that an identification certificate should become lost, destroyed, or stolen, the owner of the registered snowmobile or recreational vehicle shall report to the Department forthwith the loss or destruction and may obtain a duplicate by making an application to the Department upon payment of a fee of $1.00 (one dollar). If the lost or stolen certificate is subsequently recovered, the owner shall surrender it within 15 (fifteen) days to the Department.
D.Change of Address
1.The owner shall report in writing to the Department within 15 (fifteen) days of any change of address. The owner shall also note such changes on the identification certificate.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.8** Rental Snowmobiles {#sec-250-ricr-80-00-8-8.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.8}
A.The registration and numbering requirements of this part shall apply to rental snowmobiles.
B.Rental snowmobile and/or recreational vehicle owners shall keep or cause to be kept a record of the date and time a snowmobile or recreational vehicle is rented, the registration number of said vehicle, and the name and address of the person renting it. This record shall be kept for a period of at least six (6) months and shall be available for inspection at reasonable times upon request by the Department or a representative thereof.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.9** Temporary Operation of Newly Acquired Snowmobiles or Recreational Vehicles {#sec-250-ricr-80-00-8-8.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.9}
An individual purchasing a new or used snowmobile or recreational vehicle may operate said vehicle for a period not to exceed ten (10) days without it being numbered in accordance with §§ 8.3 and 8.4 of this Part; however, the operator shall have in his or her possession the bill of sale for said vehicle which shall contain the date of the sale.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.10** Dealer Registration - Procedure for Issuance of Dealer Registration {#sec-250-ricr-80-00-8-8.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.10}
A.A dealer seeking to register a snowmobile or recreational vehicle with the Department shall make an application on the same form as provided § 8.5 of this Part checking the circle marked “Dealer”. Information pertaining to vehicle identification is not required.
B.After investigation and acceptance of the application, the Department shall assign a distinguishing dealer identification number and certificate. Dealer identification certificate must be displayed in a conspicuous place in the registrant's place of business.
C.The Department will issue the dealer three (3) reflectorized pre-numbered registration decals, each bearing the same identical numbers. These decals will consist of three (3) Arabic numerals followed by a letter "D" suffix.
1.The dealer shall mount these on wood, metal, or other durable material. Under ordinary circumstances, they are to be applied directly to the recreational vehicle.
2.Snowmobiles or recreational vehicles being demonstrated or tested shall have one (1) of these mounted decals tied or otherwise not permanently affixed to the vehicle.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.11** Snowmobiles and Recreational Vehicle Required Equipment {#sec-250-ricr-80-00-8-8.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.11}
A.Brakes - Every snowmobile or recreational vehicle shall have at least one (1) brake which may be operated by hand or foot and which is adequate to control and stop the vehicle within a straight 12 (twelve) foot wide path or lane when decelerating.
B.Deflector on snowmobiles - Every snowmobile shall be equipped with a device mounted forward of the operator that will deflect wind, snow, and/or small flying objects from the body and face of the operator.
C.Lights - Every snowmobile or recreational vehicle being operated across public highways, or between the hours of sunset and sunrise, shall be equipped with at least one (1) white or amber headlamp of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet (one hundred) ahead, as well as, a lighted tail lamp as provided in R.I. Gen. Laws § 31-24-10 during the hours of darkness or unfavorable atmospheric conditions caused by snow, fog, or otherwise, while the motor is running.
D.Mufflers - Every snowmobile or recreational vehicle shall be equipped with a muffler to control excessive noise. The muffler system must limit engine noise to no more than 73 decibels.
E.Reflectorized Material - In accordance with R.I. Gen. Laws § 31-3.2-7(a)(3), this material shall be placed on the vehicle in such a manner that it reflects light being directed upon the vehicle from either side. Every snowmobile and recreational vehicle being operated across a street or highway shall be equipped with a red reflector on the rear of the vehicle, such size to be visible at night time from all distances within 500 feet to 50 feet from the vehicle when directly in front of lawful upper beams of headlamps. A separate reflector is not required if the tail light itself is reflectorized.
F.Towing - The towing of sleds or trailers is allowed only with a standard solid hitch.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.12** Snowmobile and Recreational Vehicles-Accident Reporting Reports {#sec-250-ricr-80-00-8-8.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.12}
A.It shall be the duty of the operator of a snowmobile or recreational vehicle involved in any accident as defined in § 8.12(C) of this Part, so far as he or she can do so to render to other persons affected by said accident such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the occurrence.
B.The operator of any snowmobile or recreational vehicle involved in any accident shall stop and exhibit his or her identification certificate if he or she is required to have one, give said name, address and the identification number of the vehicle, in writing, to any person injured and to the operator or owner of any snowmobile, recreational vehicle or property damaged. In the event the person injured or the owner of property damaged cannot be located at the place where the accident occurred, then said information and a description of the accident shall be reported by the operator of the vehicle, within 24 hours, to the nearest police officer or law enforcement agency.
C.The operator of every snowmobile or recreational vehicle involved in any reportable accident as defined in § 8.2(A)(3) of this Part shall within seven (7) days, file a complete written report and description of the accident as provided in § 8.12(F) of this Part.
D.Accidents shall be reported on forms provided by the Department of Environmental Management for that purpose. Forms may be obtained from the Department, Division of Law Enforcement.
E.Accident reports are to be filed with the Department and a copy thereof shall be filed with the local enforcement agency in the jurisdiction that the accident occurred.
F.Every written report shall contain, but not be limited to, the following information:
1.Number of snowmobiles or recreational vehicles involved
2.Locality where accident occurred
3.Time and date when accident occurred
4.Name, address, age, and snowmobile or recreational vehicle operating experience
5.Weather conditions at the time of accident
6.Name and address of operator of other vehicles involved
7.Name and address of owners of snowmobiles, recreational vehicles, or property involved
8.Name and address of any person injured or killed
9.Nature and extent of injury to any person or persons
10.Description of damage to property and estimated cost of repairs
11.Description of accident
12.Make, year built, type of snowmobile or recreational vehicle
13.Name and address of all known witnesses
14.Type of accident
15.Signature of persons reporting
16.Registration numbers of vehicles involved
17.Motor vehicle operator’s license number, if any
18.Name of insurance company
G.Police Reporting
1.Any officer of an enforcement agency who investigates or receives information of an accident involving a snowmobile or recreational vehicle, shall complete a written report of the investigation or information received, and such additional facts relating to the accident as may come to his or her knowledge and mail the same within 48 hours to the Department, keeping a record of same in said office.
2.Where a serious injury or death has resulted from such accident, the investigating officer may delay mailing said report to the Department pending a final determination as to the condition of the injured person or persons; however, in such cases the investigating officer or his or her superior must promptly notify the Department indicating the reason for delay. The report is to be filed not later than seven (7) days after the accident.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
##### **250-RICR-80-00-8 § 8.13** Use of Snowmobiles and Recreational Vehicles on Public Lands Under the Jurisdiction of the Director of the Department of Environmental Management {#sec-250-ricr-80-00-8-8.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-80-00-8#8.13}
A.See §§ 100-00-1.22 and 100-00-1.27 of this Title for hours when and areas where Snowmobile operation is permitted.
B.Areas Where and Hours When Recreational Vehicles are Permitted - Recreational vehicles are permitted only on designated trails in the following areas:
1.Bristol County:
a.Colt State Park
2.Kent County:
a.Beach Pond State Park
b.Big River Reservoir Acquisition Area
c.Wickaboxet Management Area
3.Providence County:
a.Black Hut Management Area - exclusive of portion south of Spring Lake Rd.
b.Buck Hill Management Area
c.Durfee Hill Management Area - exclusive of Manfred Young section
d.George Washington Management Area
e.Lincoln Woods State Park
f.Pulaski State Park
g.Snake Den State Park
h.Diamond Hill State Park - from Saturday after Labor Day until skiing season. Then after skiing season to Memorial Day - parking lot only
4.Washington County:
a.Arcadia Management Area
b.Arcadia State Park
c.Burlingame Management Area
d.Burlingame State Park
e.Carolina Management Area - exclusive of portion south of Pine Hill Road
f.Ninigret Conservation Area - on beachfront and designated - sand road only from Labor Day to the day before Memorial Day
g.Rockville Management Area
h.Roger Wheeler Memorial State Beach parking lot - from Saturday after Labor Day to day before Memorial Day
i.Scarborough State Beach parking lot - from Saturday after Labor Day to day before Memorial Day
5.The same hours applicable to snowmobiles in §§ 100-00-1.22 and 100-00-1.27 of this Title shall apply to recreational vehicles, but the buddy system shall not be required unless snow covers the ground.
C.Prohibitive Operation During Certain Seasons
1.All snowmobiles and recreational vehicles are prohibited from management areas during shotgun deer seasons.
2.Trails for snowmobiles and/or recreational vehicles may be closed without notice where conditions warrant. It may include, but not be limited to, periods of high or extreme forest-fire danger, erosion or other physical damage, excessive harassment of wildlife populations, etc.
D.Organized Race or Rally
1.A written permit from the Director of the Department must be acquired for any organized activity such as a race or rally.
E.Youthful Operator
1.No person under 12 (twelve) years of age shall operate any snowmobile or recreational vehicle on property under the jurisdiction of the Department. Those persons over 12 (twelve) years of age but under 16 (sixteen) years of age will have completed the required safety course and shall be accompanied by an adult who shall be liable according to R.I. Gen. Laws § 31-3.2-11 for personal injury or property damage to others which may result from such operation.
F.Other Restrictions
1.Horses are restricted from the use of trails designated for recreational vehicles other than those trails designated for snowmobiles exclusively.
G.Harassment of Game
1.Snowmobiles or recreational vehicles shall not be operated at any time in any manner intended to or reasonably be expected to harass, drive, or pursue any wildlife.
H.Emergency Vehicles
1.Snowmobiles and recreational vehicles of police and fire departments, municipal departments, or public service corporations, shall be allowed to operate on streets and highways in the performance of their official duties.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-09-10 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 09/10/2018*
## **Chapter 110** Planning & Development
### **Subchapter 00**
#### **250-RICR-110-00-1** 2000 Open Space Bond Authorization Rules and Regulations
##### **250-RICR-110-00-1 § 1.1** Purpose {#sec-250-ricr-110-00-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.1}
The purpose of these Rules and Regulations is to establish the procedures by which the Department of Environmental Management will administer the 2000 Environmental Management Bonds.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.2** Authority {#sec-250-ricr-110-00-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, Department of Environmental Management, in accordance with section 2000 Pub. Law 55, Article 5, "2000 Environmental Management Bonds” which authorizes the Department of Environmental Management to administer Thirty-Four Million Dollars ($34,000,000.00) in state bonds according to the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.3** Allocation of Funding {#sec-250-ricr-110-00-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.3}
A.Funding under the 2000 Environmental Management Bonds shall be allocated as follows:
1.State Projects - the Rhode Island Department of Environmental Management shall administer Twelve Million One Hundred Thousand Dollars ($12,100,000.00) in FY 2002 - FY 2006 for land acquisition programs.
a.State Land Acquisition - Five Million Eight Hundred Thousand Dollars ($5,800,000.00) shall be allocated for land acquisition protection which is consistent with the “Greenways, Greenspace” element of the State Guide Plan and the Department of Environmental Management “Land Protection Plan”. The Department of Environmental Management's Land Acquisition Committee and the State Properties Committee shall approve projects funded under this section.
b.Agricultural Acquisition - Five Million Dollars ($5,000,000.00) shall be allocated to the Agricultural Land Preservation Commission, established pursuant to R.I. Gen. Laws § 42-82-1, et.seq. Said funds shall be expended by the Rhode Island Agricultural Land Preservation Commission for the purchase of development rights to land having high agricultural value as defined herein. The Agricultural Land Preservation Commission shall choose eligible farms under their Operating Procedures adopted June 1983, as amended.
c.Public Drinking Water Protection Acquisition - One Million Three Hundred Thousand Dollars ($1,300,000.00) shall be allocated to the Rhode Island Water Resources Board for the purchase of fee title, development rights and/or conservation easements to land for the protection of public drinking water supplies.
2.Local Projects - the Rhode Island Department of Environmental Management shall administer Eleven Million Four Hundred Thousand Dollars ($11,400,000.00) in FY 2002 - FY 2006 for local land acquisition grants.
a.Open Space Grants - Eight Million Dollars ($8,000,000.00) shall be allocated to municipal agencies, local land trusts, conservation commissions, watershed councils and non-profit environmental organizations to provide matching funds for fee simple acquisition and/or conservation easements to land that is consistent with the “Greenways, Greenspace” element of the State Guide Plan, Local Comprehensive Plan or a locally adopted land acquisition plan. The Director shall announce Grant rounds. The Rhode Island Natural Heritage Preservation Commission shall set the maximum amount award for a single grant awarded during each round. The Rhode Island Natural Heritage Preservation Commission Advisory Committee will review each application according to the procedures and evaluation criteria outlined in the "Rules and Regulations” of the Natural Heritage Commission of the State of Rhode Island and Providence Plantations as amended and shall submit to the Rhode Island Natural Heritage Preservation Commission in order of priority its recommendations for grant awards.
b.Recreation Land Acquisition Grants - Three Million Four Hundred Thousand Dollars ($3,400,000.00) shall be allocated to municipal agencies to provide matching funds for recreation acquisition grants. Land acquired under this program must have a master plan for the development of the acquired property. The Director shall announce Grant rounds. The Rhode Island Recreation Resource Review Committee shall set the maximum amount award for a single grant. The Rhode Island Recreation Resources Review Committee will review each application according to its eligibility criteria set forth in the Open Project Selection Process of the State Comprehensive Outdoor Recreation Plan adopted as Element 152 of the State Guide Plan by the State Planning Council on January 11, 1990 as amended June 11, 1992 under R.I. Gen. Laws § 42-11-1, et. seq, and shall submit to the Director in order of priority its recommendations for grant awards.
3.Allocation of Bonds Proceeds - Recreational Development $9,000,000.00
a.State Projects - Up to Three Million Dollars ($3,000,000.00) in FY 2002 - FY 2006 shall be available for the development and/or renovation of state public recreational facilities.
b.Local Projects - Up to Six Million Dollars ($6,000,000.00) in FY 2002 - FY 2006 shall be available to municipalities to provide grants on a matching basis as set forth herein.
(1)Distressed Community Grants - One Million Dollars ($1,000,000.00) shall be allocated to financially restricted communities for recreation development grants for up to 75% of the project cost and up to 100% of the cost for parkland acquisition. The Director shall announce Grant rounds. The Rhode Island Recreation Resource Review Committee shall set the maximum amount award for a single grant. The Rhode Island Recreation Resources Review Committee will review each application according to its eligibility criteria set forth in its Open Project Selection Process of the State Comprehensive Outdoor Recreation Plan adopted as Element 152 of the State Guide Plan by the State Planning Council on January 11, 1990 as amended June 11, 1992 under R.I. Gen. Laws § 42-11-1, et. seq, and shall submit to the Director in order of priority its recommendations for grant awards.
(2)Recreation Development Grants - Five Million Dollars ($5,000,000.00) shall be allocated to municipalities for recreation development grants for up to 50% of the project cost. The Director shall announce Grant rounds. The Rhode Island Recreation Resource Review Committee shall set the maximum amount award for a single grant. The Rhode Island Recreation Resources Review Committee will review each application according to its eligibility criteria set forth in its Open Project Selection Process of the State Comprehensive Outdoor Recreation Plan adopted as Element 152 of the State Guide Plan by the State Planning Council on January 11, 1990 as amended June 11, 1992 under R.I. Gen. Laws § 42-11-1, et. seq. and shall submit to the Director in order of priority its recommendations for grant awards.
4.Roger Williams Park - One Million Five Hundred Thousand Dollars ($1,500,000.00) shall be allocated for improvements and renovations at Roger Williams Park in Providence as approved by the Director.
5.Reallocation - All funds allocated under § 1.3 of this Part must be obligated no later than June 30, 2005. All funds authorized but not obligated on June 30, 2005 shall revert to the control of the Director for reallocation in accordance with any section of the Bond Authorization.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.4** Applicability {#sec-250-ricr-110-00-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.4}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.5** Definitions {#sec-250-ricr-110-00-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.5}
A.For the purposes of these Regulations, the following terms shall have the following meanings:
1."Agricultural acquisition” means the purchase of development rights to land that has agricultural value.
2.“Agricultural value” means five or more contiguous acres of land that is suitable for the production of crops or livestock by reference to soil type or existing se as set forth in the Farmland Preservation Act, of the R.I. Gen. Laws Chapter 42-82.
3.“Appraisal” means a report by a Certified Rhode Island Appraiser that estimates the fair market value of property.
4.“Conversation commission” means a commission as defined in R.I. Gen. Laws Chapter 35-45.
5.“Conservation easement" means a voluntary agreement to restrict the development and/or management of land. The agreement restricts the use of the property in such a way that its natural or man-made features are not altered or developed in a manner that is inconsistent with the easement.
6.“DEM - Division of Planning and Development” means a division of the Rhode Island Department of Environmental Management that is authorized to administer the Open Space and Recreation Bond Authorizations.
7.“DEM - land acquisition committee” means an intra-departmental committee of the Department of Environmental Management that make recommendations to the Director in regards to real estate transactions.
8.“Department of Environmental Management" means a department of the state government as described in R.I. Gen. Laws Chapter 42-17.1.
9.“Development rights purchase” means the acquisition of the development rights as defined in R.I. Gen. Laws § 42-82-2.
10.“Director” means the Director of the Rhode Island Department of Environmental Management as described in R.I. Gen. Laws § 42-17.1-1.
11.“Distressed community” means as defined in R.I. Gen. Laws § 45-13-12.
12.“Ecological value” means those values that promote and enhance the biological diversity of the State.
13.“Educational Value” means opportunities for educating the public in scenic, natural, agricultural and/or ecological appreciation and conservation.
14.“Environmental non-profit agency” means a group or organization formed pursuant to R.I. Gen. Laws § 7-6-1 et. seq. or which otherwise qualifies as a tax exempt public charity under Section 501(c)(3) of the Internal Revenue Code whose purpose is the protection and conservation of natural resources as defined in its articles of incorporation.
15.“Greenway” means a corridor of protected open space managed for conservation, recreation and/or transportation purposes.
16.“Greenspace” means land and water that is:
a.Legally restricted or otherwise dedicated for purposes of conservation of natural resources and which is reserved in an undeveloped state; or,
b.Legally restricted or otherwise reserved for purposes of public recreation and of which development is limited to structures and facilities essential to support public recreational usage.
17.“Greenspace acquisition” means the purchase of fee simple, conservation easement or development rights of eligible land for the purpose of creating or maintaining a greenway consistent with the State Greenspace and Greenways Plan.
18.“In-kind services” means noncash contributions provided by the grantee, other public agencies and/or private organizations or individuals. In-kind contributions consist of the value of services directly benefiting and specifically identifiable to the project.
19.“Land and water conservation fund" means for the purpose of these rules the administrative policies, procedures and guidelines of the Land and Water Conservation Fund Act of 1965; Public Law 88-578; 16 U.S.C. 4601-4 et seq., found in the Land and Water Conservation Fund Grants Manual, as amended, will be used in the administration of Recreation Acquisition and Recreation Development Program.
20.“Land protection plan” means the plan adopted in 1996 and as may be amended by DEM entitled Protecting Our Land Resources, to guide the department’s land acquisition and protection activities.
21.“Land trust” means organizations incorporated pursuant to R.I. Gen. Laws § 7-6-1 or organizations meeting the definition of "charitable trust" set out in R.I. Gen. Laws § 18-9-4; or organizations duly existing as private non-profit organizations in other states or the District of Columbia among whose purposes is the preservation of open space, as the term is defined in R.I. Gen. Laws § 45-36-1. Further, all organizations must have been granted preliminary status as a tax-exempt corporation under Section 501 (c) (3) of the Internal Revenue Code and its regulations, as they now exist or may hereafter be amended.
22.“Local comprehensive plan” means the plan adopted by each municipality and approved pursuant to R.I. Gen. Laws Chapter 45-22.2.
23.“Management plan” means a plan that specifically outlines the proposed uses and scheduled management activities to be instituted on an acquired parcel of land. Contents of management plans are based on criteria established by the Natural Heritage Commission.
24.“Municipal agency” means one or more units of municipal government whose purpose includes the preservation of open space, acquisition of recreation land or development of recreation land; said unit(s) having the operational capability and legal authority to effectuate this purpose.
25.“Natural heritage preservation commission advisory committee" means a committee to advise the Natural Heritage Preservation Commission on natural heritage matters as defined in R.I. Gen. Laws § 42-17.5-6.
26.“Natural heritage preservation commission" means a commission within the Department of Environmental Management as defined in R.I. Gen. Laws §§ 42-17.5-4 and 42-17.5-5.
27.“Natural value” means those geologic, hydrologic and biotic elements that occur in the state without human introduction.
28.“Open space” means undeveloped land that has natural, ecological or scenic value.
29.“Recreation acquisition" means the acquisition of land suitable for recreation development in accordance with a master plan for the development of the acquired property.
30.“Recreation development” means construction of basic outdoor recreation and support facilities for the improvement and restoration of public recreation areas to serve the general public.
31.“Recreation Development Resources Review Committee” or "RRRC" means an administrative body established in 1972 to assume the duties and functions of the former Green Acres Review Committee. The RRRC consists of no less than six and no more than ten representatives selected by the State Planning Council.
32.“Scenic value” means aesthetically appealing landscapes or views composed of natural and/or cultural features.
33.“SCORP” means the State Comprehensive Outdoor Recreation Plan adopted as Element 152 of the State Guide Plan by the State Planning Council.
34.“State agency” means a unit of Rhode Island state government among whose purposes is the preservation of open space, acquisition of recreation land or development of recreation land; said unit having the operational capability and legal authority to effectuate this purpose.
35.“State greenspace and greenways plan" or “Greenways, greenspace element of the State Guide Plan” means the document entitled "A Greener Path: Greenspace and Greenways for Rhode Island’s Future", and designated as Element 155 of the State Guide Plan, as adopted by the State Planning Council pursuant to R.I. Gen. Laws § 42-11-10 including any subsequent revisions or amendments thereof adopted by the State Planning Council.
36.“State guide plan” means goals, policies and plans or plan elements for the physical, economic and social development of the state, adopted by the state planning council in accordance with R.I. Gen. Laws § 42-11-20.
37.“Waiver of retroactivity” means approval by the Director of costs incurred after the announcement of a grant round and prior to a grant award as eligible for reimbursement. Waivers of Retroactivity must be requested by the applicant in writing prior to contracting for services or taking title to the property. Costs incurred prior to the approval of a project are at the applicant's risk and retroactive reimbursement is not assured. The granting of a waiver of retroactivity does not constitute assurance that the project will be approved.
38.“Water resources board” means a unit of Rhode Island state government whose purposes is to regulate the proper development, protection, conservation and use of the water resources of the state in accordance with R.I. Gen. Laws § 46-15-1.
39.“Watershed” means a watershed is the area of land from which runoff from rain, snow, or irrigation drains to a common body of water.
40.“Watershed plan” means a watershed plan is a document that identifies watershed goals and management objectives along with specific action items that are needed. The plan must be developed in consultation with all the key stakeholders within a watershed including but not limited to: federal, state, local, non-governmental, and the private sector. At a minimum, the watershed plan must be officially recognized by the city or town council who is submitting the open space grant application.
41.“Watershed council” means an organization recognized by the Rhode Island Rivers Council, responsible for advancing the purposes of R.I. Gen. Laws Chapter 46-28 of the and implementing the Rivers Policy and Classification Plan adopted as RI State Guide Plan Element 162. As used in these Rules and Regulations, all terms not defined herein shall have the meaning given them in R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.6** Scheduling of Selection Rounds {#sec-250-ricr-110-00-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.6}
The Director shall schedule the number, frequency and duration of local grant funding rounds consistent with the “State Capital Budget Plan” and after consultation with the Rhode Island Recreation Resources Review Committee and the Rhode Island Natural Heritage Commission.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.7** Applications {#sec-250-ricr-110-00-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.7}
Applications on forms approved by the Rhode Island Recreation Resources Review Committee and the Rhode Island Natural Heritage Commission, as applicable, shall be available on request from the Rhode Island Department of Environmental Management, Division of Planning and Development, 235 Promenade Street, Room 320, Providence, RI 02908-5767 or from the DEM Web Site at http://www.dem.ri.gov/programs/planning/grants/index.php
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.8** Filing {#sec-250-ricr-110-00-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.8}
Applications must be filed within the prescribed period to be established for each local grant funding round by the Department of Environmental Management. Applications must be sent to the Department of Environmental Management, Division of Planning and Development, 235 Promenade Street, Room 320, Providence, RI 02908-5767.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.9** Recording {#sec-250-ricr-110-00-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.9}
Applications will be accepted any business day during regular work hours up to the filing deadline and shall be date and time stamped upon receipt by the Department of Environmental Management.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.10** Filing Deadline {#sec-250-ricr-110-00-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.10}
The Director shall set a filing deadline for receipt of applications for each selection round. Applications received after the filing deadline will not be considered for funding during that round and will be returned to the applicant without prejudice. All filing deadlines will be posted on the DEM Web Site.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.11** Evaluation of Applications {#sec-250-ricr-110-00-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.11}
A.Review
1.The Rhode Island Recreation Resources Review Committee will review each application for recreation acquisition and development grants according to the “Rules and Regulations” outlined in the SCORP/ Open Project Selection Process and shall submit to the Director in order of priority its recommendations for grant awards.
2.The Rhode Island Natural Heritage Preservation Commission Advisory Committee will review each application according to the procedures and evaluation criteria outlined in the “Rules and Regulations” as amended of the Natural Heritage Commission of the State of Rhode Island and Providence Plantations and shall submit to the Rhode Island Natural Heritage Preservation Commission in order of priority its recommendations for grant awards.
B.Awards
1.The Director shall award grants with the advice of the Recreation Resources Review Committee. The Director shall have the authority to adjust such grant awards, so that no one community receives a disproportionate amount of the funds available and so that a reasonable geographic distribution of funds is achieved.
2.The Natural Heritage Preservation Commission shall award grants with the advice of the Natural Heritage Preservation Commission Advisory Committee. The Natural Heritage Preservation Commission shall have the authority to adjust such grant awards, so that no one community receives a disproportionate amount of the funds available and so that a reasonable geographic distribution of funds is achieved.
C.Notice - Notice of award shall be by registered mail, return receipt requested.
D.Terms and Conditions - The notice of award will set forth all grant terms, schedules and conditions, including most particularly those relating to record keeping and verification of expenditures.
E.Project Period - The beginning date of a project period will normally be the date of approval. When a waiver has been granted by the Director, the effective date of the waiver shall be used as the beginning date of the project period. A term of two (2) years shall be considered the project period for all land acquisition projects. A term of three (3) years shall be considered the project period for all recreation development projects. The Director may extend the grant term an additional two years after review and recommendation by the Natural Heritage Preservation Commission and/or the Recreation Resources Review Committee.
F.Discrimination - Any property acquired and or developed with funds from this bond authorization shall not discriminate against persons desiring to use said property on the basis of residence, including preferential reservation membership or annual permit system which are prohibited. Project sponsors may impose reasonable limits on the type and extent of use of areas and facilities acquired or developed with this fund when such a limitation is necessary for the maintenance or preservation of the property.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.12** Eligible Projects {#sec-250-ricr-110-00-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.12}
A.Open Space Acquisition Project: Open space acquisition shall be limited to the purchase of fee simple title or conservation easements over open space where such land is consistent with the “Greenways, Greenspace” element of the State Guide Plan: entitled "A Greener Path: Greenspace and Greenways for Rhode Island’s Future" and/or an up-to-date Comprehensive Plan, Greenways Master Plan or Watershed Management Plan or other adopted land acquisition plan that adequately assesses current and future open space requirements and needs. The plans shall include an implementation program and schedule for actions proposed to address issues and needs expressed in the plan.
B.Recreation Acquisition Project: Recreation land acquisition shall be limited to the purchase of fee simple title to land that will be developed for outdoor recreation purposes in accordance with a master plan for development of the property.
C.Recreation Development Projects: A development project designed to provide public outdoor recreation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.13** Eligible Project Costs {#sec-250-ricr-110-00-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.13}
A.Open Space Acquisition and Recreation Land Acquisition Projects- Costs incidental to purchasing land or interests in land. Eligible project costs are appraisal, survey, title search, title insurance and the purchase itself. Provided that any such costs are incurred after a grant application has been approved or after the applicant has received a waiver of retroactivity from the Director allowing such costs to be incurred in advance of project approval. Costs incurred prior to the approval of a project are at the applicant's risk and retroactive reimbursement is not assured. The granting of a waiver of retroactivity does not constitute assurance that the project will be approved.
B.Eligible Project Costs Recreation Development Projects - Eligible costs for development projects may cover design, construction, site planning, demolition, reforestation, and landscaping and site improvements essential to the project. Provided that any such costs are incurred after a grant application has been approved or after the applicant has received a waiver of retroactivity from the Director allowing such costs to be incurred in advance of project approval. Costs incurred prior to the approval of a project are at the applicant's risk and retroactive reimbursement is not assured. The granting of a waiver of retroactivity does not constitute assurance that the project will be approved.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.14** Eligible Applicants {#sec-250-ricr-110-00-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.14}
A.Land Trust, Watershed Councils, Conservation Commissions and Non-Profit Environmental Agencies - as defined in § 1.5 of this Part herein, may apply for land acquisition funding. The Rhode Island Department of Environmental Management shall be responsible for determining eligibility status to participate in the Land Acquisition grant rounds.
B.Municipal Agency - Municipal agencies, as defined in § 1.5 of this Part herein, may apply for open space, recreation acquisition and recreation development funds. The Department of Environmental Management shall be responsible for determining eligibility status to participate in the Open Space, Recreation Acquisition and Recreation Development Grant Rounds. Eligibility is based upon the adoption and maintenance of an up-to-date Local Comprehensive Plan, Outdoor recreation Plan and/or locally adopted land acquisition plan which adequately assesses the current and future recreation and open space requirements and needs. The plan shall include an implementation program and schedule for actions proposed to address issues and needs expressed in the plan.
C.Native American Tribes - Indian Tribes, bands, nations or other organized group which exercises governmental functions and which is recognized by the Secretary of the Interior as eligible for the special programs and services provided by the United States to Indians because of their status.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.15** Local Grants/Matching Funds {#sec-250-ricr-110-00-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.15}
A.Open Space - Grants shall be for 50% of approved project costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds.
B.Recreation Land Acquisitions - Grants shall be for 50% of approved project costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds.
C.Recreation Development Grants - Grants shall be for 50% of approved project costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds. In-kind services that are used for match are limited to 25% of the total project cost.
D.Distressed Communities Recreation Development Grants - Grants shall be for 75% of approved project costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds. In-kind services that are used for match are limited to 12.5% of the total project cost.
E.Donations - Applicants may use the value of donated property interests in land to be acquired or preserved as the local match, provided the value shown as a donation is sustained by a certified appraisal and the donation is part of the same project.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.16** Restrictive Covenants {#sec-250-ricr-110-00-1-1.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.16}
Property acquired with grant funds must be maintained and managed in the condition and for the purpose specified in its approved grant application in perpetuity. Each recipient shall execute a perpetual conservation easement, or similar document, running in favor of the State of Rhode Island and such certification shall further provide that if the recipient at any time fails in its obligation to properly maintain the property acquired in accordance with the purposes and functions for which it was acquired and in conformance with the approved management plan, if applicable, the State of Rhode Island may enforce the grant conditions in equity or, at its discretion, may assume title, custody and control to protect its interest.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.17** Management Plan/Open Space Grants {#sec-250-ricr-110-00-1-1.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.17}
An approved management plan meeting the requirements of such plans established in the Rules and Regulations of the Rhode Island Natural Heritage Preservation Commission of the State of Rhode Island and Providence Plantations, November 1986, as amended must be submitted and approved prior to the release of grant funds. If public access is deemed appropriate, the recipient shall not discriminate in providing access or in fees charged for access.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.18** Conversion {#sec-250-ricr-110-00-1-1.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.18}
Any property so acquired or developed shall not be wholly or partly converted to a use other than the purpose specified in its approved grant application without the approval of the Director. The Director shall seek recommendations from the Natural Heritage Preservation Commission and the Recreation Resources Review Committee on all conversions. The Director has the authority to disapprove conversion requests and/or to reject proposed property substitutions.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.19** Recreation Acquisition and Development Grants Management/Maintenance Agreement {#sec-250-ricr-110-00-1-1.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.19}
Each applicant must submit with the application a signed maintenance and management agreement stating the applicant’s ability to manage and maintain the improved/acquired recreation facility. The city/town council where said project is located must approve the project and maintenance / management agreement by resolution guaranteeing future maintenance/ management of the facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-1 § 1.20** Severability {#sec-250-ricr-110-00-1-1.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-1#1.20}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-110-00-2** Rules and Regulations for 1989 Open Space and Recreation Capital Development Program
##### **250-RICR-110-00-2 § 2.1** Authority {#sec-250-ricr-110-00-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-2#2.1}
A.These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, Department of Environmental Management, and in accordance with 1989 R.I. Pub. Laws 552, "1989 Open Space and Recreation Capital Development Program," which authorizes the Department of Environmental Management to administer fifty-three million dollars ($53,000,000.00) in state bonds according to the following:
1.State Coastal and Shoreline Acquisition and Recreational Development Program - twenty six million dollars ($26,000,000.00).
2.Local Acquisition and Development - fifteen million dollars ($15,000,000.00).
3.Farm Land Development Rights - three million dollars ($3,000,000.00).
4.Roger Williams Park Restoration - nine million dollars ($9,000,000.00).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-2 § 2.2** Purpose {#sec-250-ricr-110-00-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-2#2.2}
These Rules and Regulations are to establish the procedures by which the Department of Environmental Management will administer the 1989 Open Space and Recreation Capital Development Program funds.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-2 § 2.3** Definitions {#sec-250-ricr-110-00-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-2#2.3}
A."Agricultural acquisition" means the development rights purchase of land that has agricultural value.
B."Agricultural value" means five of more contiguous acres which are suitable for the production of crops or livestock by reference to soil type or existing use.
C."Coastal flood prone area" means land located within 1,000 feet of the shoreline of a tidal water body and which is designated on Flood Insurance Rate Maps published by the Federal Emergency Management Agency as Special Flood Hazard Area (V zones and A zones).
D."Coastal and shoreline acquisition" means the purchase of fee simple or development rights to land adjacent to a fresh or tidal water body, including, but not limited to rivers, ponds, lakes and the ocean.
E."Development rights purchase" means the acquisition of a conservation easement as defined in R.I. Gen. Laws § 34-39-2(a) sufficient to insure preservation of the property in an undeveloped open space state in perpetuity.
F."Director" means the Director of the Rhode Island Department of Environmental Management.
G."Ecological value" means those values that promote and enhance the biological diversity of the State.
H."Educational value" means opportunities for educating the public in scenic, natural, agricultural and/or ecological appreciation and preservation.
I."Land and water conservation fund" means for the purpose of these rules the administrative policies, procedures and guidelines of the Land and Water Conservation Fund Act of 1965, Public Law 88-578, 78 Stat 897, found in the Land and Water Conservation Fund Grants Manual, will be used in the administration of Recreation Acquisition and Recreation Development.
J."Land and trust" means organizations incorporated pursuant to R.I. Gen. Laws § 7-6-1, et. seq.; or organizations meeting the definition of "charitable trust" set out in R.I. Gen. Laws § 8-9-4; or organizations duly existing as private non-profit organizations in other states or the District of Columbia among whose purposes is the preservation of open space, as the term is defined in R.I. Gen. Laws § 45-36-1. Further all organizations must have been granted preliminary status as a tax-exempt corporation under Section 501(c)(3) of the Internal Revenue Code and its regulations, as they now exist or may hereafter be amended.
K."Master plan" means adoption and maintenance of a plan, within the past five years, which adequately addresses the restoration of historic landscape in order to maintain the landscape architectural integrity of the park. Sufficient detail is needed to delineate the park rehabilitation projects and set the priorities for the projects.
L."Municipal agency" means a unit of municipal government or an agency composed of representatives of several municipal governments among whose purposes is the preservation of open space, acquisition of recreation land or development of recreation land; said unit having the operational capability and legal authority to effectuate this purpose.
M."Natural value" means those geologic, hydrologic and biotic elements that occur in the State without human introduction.
N."Recreation acquisition" means one (1) or more contiguous acre(s) of land suitable for recreation. The Recreation Resources Review Committee, in its discretion, may waive the acreage requirement in exceptional circumstances.
O."Recreation development" means construction of basic outdoor recreation and support facilities for the improvement and restoration of public recreation areas to serve the general public.
P."Scenic value" means aesthetically appealing landscapes or views composed of natural and/or cultural features.
Q."SCORP" means the State Comprehensive Outdoor Recreation Plan adopted as element 152 of the State Guide Plan by the State Planning Council.
R."Shoreline access improvement" means a proposed project that will improve the safety, accessibility and/or convenience of the shoreline access site.
S."Shoreline access site" means a site that provides public access to tidal waters or, in some cases, a site bordering tidal waters and providing a view of, but not physical access to, the tidal water.
T."State agency" means a unit of Rhode Island State government among whose purposes is the preservation of open space, acquisition of recreation land or development of recreation land; said unit having the operational capability and legal authority to effectuate this purpose.
U."State coastal and shoreline acquisition" means the purchase of fee simple or development rights, by a State Agency, to land adjacent to a fresh or tidal water body, including, but not limited to rivers, ponds, lakes and the ocean.
V."Urban park rehabilitation" means rehabilitation of parks, listed in § 2.9(C)(3) of this Part, which shall be carried out pursuant to the approved master plan dealing with the restoration of historic landscape in order to maintain the landscape architectural integrity of these parks.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-2 § 2.4** Allocation between Projects {#sec-250-ricr-110-00-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-2#2.4}
A.State Projects - State Agencies shall be allocated twenty-nine million dollars ($29,000,000.00).
1.State Coastal and Shoreline Acquisition and Recreational Development - twenty-six million dollars ($26,000,000.00) shall be allocated for projects which conform to SCORP objectives and priorities.
a.Up to ten million dollars ($10,000,000.00) shall be utilized for the development or rehabilitation of state-owned recreation areas.
b.Up to one million six hundred thousand dollars ($1,600,000.00) shall be allocated to private land trusts. Private land trusts may apply and receive funds, from this one million six hundred thousand dollar ($1,600,000.00) allocation, for coastal and shoreline acquisition following the procedures as defined herein.
c.At least fourteen million four hundred thousand dollars ($14,400,000.00) shall be utilized for State coastal and shoreline acquisition. Projects funded shall be approved by the Department of Environmental Management's Land Acquisition Committee and the State Properties Committee.
2.Agricultural Acquisition - three million dollars ($3,000,000.00) shall be allocated to the Agricultural Land Preservation Fund established pursuant to R.I. Gen. Laws § 42-82-8. Said funds to be expended by the Rhode Island Agricultural Land Preservation Commission for development rights purchase of land having good agricultural value as defined herein. The Agricultural Land Preservation Commission shall choose eligible farms under their Operating Procedures adopted June 1983, as amended.
B.Local Projects - twenty four million dollars ($24,000,000.00) shall be allocated overall to municipal agencies.
1.Urban Parks Rehabilitation - nine million four hundred thousand dollars ($9,400,000.00) are allocated for the restoration or rehabilitation of the following parks.
a.Nine million dollars ($9,000,000.00) for the restoration of Roger Williams Park.
b.Two hundred thousand dollars ($200,000.00) for the restoration of McCoy Stadium in Pawtucket;
c.Two hundred thousand dollars ($200,000.00) for the restoration of Cliff Walk in Newport.
2.Local Projects - fourteen million three hundred thousand dollars ($14,300,000.00) are allocated for grants to municipal agencies.
a.Six million seven hundred fifty thousand dollars ($6,750,000.00) are allocated for acquisitions suitable for public recreation development and/or purchase of fee simple or development rights to land adjacent to a fresh or tidal water body, including, but not limited to rivers, ponds, lakes and the ocean of which:
(1)Fifty percent (50%) of the funds are allocated to coastal and shoreline acquisition and;
(2)Thirty percent (30%) of the funds are allocated for recreation acquisition and;
(3)The final twenty percent (20%) shall be allocated, at the Director's discretion, to eligible projects, as approved under § 2.8(B) of this Part, with a priority on acquisition in coastal flood prone areas that may be used for recreation.
b.Six million fifty thousand dollars ($6,050,000.00) are allocated for recreation development.
c.One million five hundred thousand dollars ($1,500,000.00) are allocated to financially restricted communities for coastal and shoreline acquisitions, recreation acquisitions and/or recreation development grants for up to a one hundred percent (100%) grant.
3.Shoreline Access Improvement - three hundred thousand dollars ($300,000.00) are allocated for shoreline access improvement grants to municipal agencies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-2 § 2.5** Allocation of Funds {#sec-250-ricr-110-00-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-2#2.5}
A.Allocation by Selection Rounds: Maximum Grant Award - Acquisition- six million seven hundred fifty thousand dollars ($6,750,000.00) shall be available to municipal agencies for coastal and shoreline or recreation acquisition. All funds allocated for grants under this section must be obligated no later than November 7, 1992. All funds authorized but not obligated on November 7, 1992 shall revert to the control of the Director for use in furthering state acquisitions. For each selection round, the Natural Heritage Preservation Commission shall set the maximum amount of a single grant for coastal and shoreline acquisition and the Recreation Resources Review Committee shall set the maximum amount of a single grant for recreation acquisition.
B.Allocation by Election Rounds: Maximum Grant - Development - six million fifty thousand dollars ($6,050,000.00) shall be available to municipal agencies for recreation development. All funds allocated for grants under this part must be obligated no later than November 7, 1992. All funds authorized but not obligated on November 7, 1992 shall revert to the control of the Director for use in furthering state projects. The Recreation Resources Review Committee shall set the maximum amount of money available for all municipal agencies during each selection round as well as the maximum amount of a single grant.
C.Allocation by Selection Rounds - Financially restricted communities - one million five hundred thousand dollars ($1,500,000.00) shall be available for coastal and shoreline acquisition, or recreation acquisition and/or recreation development. All funds allocated for grants under this section must be obligated no later than November 7, 1992. All funds authorized but not obligated on November 7, 1992 shall revert to the control of the Director for use in furthering state projects. The Natural Heritage Preservation Commission shall set the maximum amount of a single grant for coastal and shoreline acquisition and the Recreation Resources Review Committee shall set the maximum amount of a single grant for recreation acquisition and recreation development.
D.Allocation for Urban Park Rehabilitation - Funds will be allocated upon approval by the Rhode Island Recreation Resources Review Committee of the master plan and identification of the specific projects that comply with the master plan.
E.Shoreline Access Improvement - three hundred thousand dollars ($300,000.00) shall be available to municipal agencies for improvement of shoreline access sites. All funds allocated for grants under this section must be obligated no later than November 7, 1992. All funds authorized but not obligated on November 7, 1992 shall revert to the control of the Director for use in furthering State projects. The Director shall set a maximum amount of money available for municipal agencies during each selection round as well as the maximum amount of a single grant.
F.Scheduling of Selection Rounds - The Director shall schedule the number, frequency and duration of local funding rounds after consultation with the Natural Heritage Preservation Commission and the Recreation Resources Review Committee; provided that there shall be at least one such funding round per year until all funds are expended.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-2 § 2.6** Determination of Financially Restricted Communities {#sec-250-ricr-110-00-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-2#2.6}
Financially Restricted Communities - Distressed communities will be identified utilizing the system described under the "Distressed Communities Program" section of the report entitled State and Local Government Finances in Rhode Island in the 1980s; the Final Report of the Governor's Advisory Commission to Study the Financial Operations of State and Local Governments and the Interrelationships in Delivering Public Services, released in December, 1982 and known as the Swearer Report. Of the top ten communities on the lists, those that fall into three (3) of the four (4) distress categories will be identified for the purposes of this program as "distressed communities". Figures will be calculated each year using data from the most recent Annual State Report on Local Government Finances and Tax Equalization, compiled by the Department of administration of the State of Rhode Island. The list of eligible communities will be published once in the Journal/Bulletin, 20 days prior to the first application period after January 1st of each year.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-2 § 2.7** Application Procedures {#sec-250-ricr-110-00-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-2#2.7}
A.Application Forms - Applications on forms approved by the Natural Heritage Preservation Commission or the Recreation Resources Review Committee, as applicable, shall be available on request from the Rhode Island Department of Environmental Management, Division of Planning and Development, 235 Promenade Street, 3rd Floor, Providence, RI 02908-5767.
B.Filing
1.Recreation Acquisition and Recreation Development - Applications must be filed within the prescribed period with the Rhode Island Recreation Resources Review Committee, c/o Department of Environmental Management, Division of Planning and Development, 235 Promenade Street, 3rd Floor, Providence, RI 02908-5767
2.Coastal and Shoreline Acquisition - Applications must be filed within the prescribed period with the Rhode Island Natural Heritage Preservation Commission, c/o Department of Environmental Management, Division of Planning and Development, 235 Promenade Street, 3rd Floor, Providence, RI 02908-5767.
3.Urban Parks Rehabilitation - Applications must be filed with the Department of Environmental Management, Division of Planning and Development, 235 Promenade Street, 3rd Floor, Providence, RI 02908-5767.
4.Shoreline Access Improvement - Applications must be filed within the prescribed period with the Rhode Island Recreation Resources Review Committee, c/o Department of Environmental Management, Division of Planning and Development, 235 Promenade Street, 3rd Floor, Providence, RI 02908-5767.
C.Recording - Applications will be accepted any business day during regular work hours up to the filing deadline and shall be date and time stamped upon receipt.
D.Filing Deadline - The Director shall set a filing deadline for receipt of applications for each selection round. Applications received after the filing deadline will not be considered for funding during that round and will be returned to the applicant without prejudice. Such applications may be resubmitted during a subsequent selection round.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-2 § 2.8** Project Eligibility and Project Cost {#sec-250-ricr-110-00-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-2#2.8}
A.Eligible Recreation Acquisition Projects - An acquisition project shall consist of the acquisition of land and/or water for public outdoor recreation, including new areas or additions to existing parks, forests, wildlife areas, beaches and other similar areas dedicated to outdoor recreation. Acquisition can be by fee simple title or lesser rights that will insure the desired public use.
B.Eligible Recreation Development Projects - A development project may consist of one improvement or a group of related improvements designed to provide basic facilities for outdoor recreation, including facilities for access, safety, health and protection of the area, as well as those required for the use of the area. In all cases, the project must be a logical unit of work to be accomplished in a specific time frame.
C.Coastal and Shoreline Acquisition Projects - Coastal and Shoreline acquisition shall be limited to the purchase of fee simple title to, or conservation easement over land adjacent to a fresh or tidal water body, including, but not limited to rivers, ponds, lakes and the ocean. Such lands must have scenic, natural, agricultural, educational or ecological value.
D.Eligible Projects - Costs incidental to purchasing land or interests in land such as costs of appraisal, survey, title search, title insurance and the purchase itself are eligible; funding of development projects may cover construction, renovation, site planning, demolition, site preparation, architectural services, and similar activities essential for the proper conduct of the project; provided that any such costs are incurred after a grant application has been approved or after the applicant has received a waiver from the Director allowing such costs to be incurred in advance of project approval. Costs incurred prior to the approval of a project are at the applicant's risk and retroactive reimbursement is not assured. The granting of the waiver does not constitute assurance that the project will be approved. It is recognized that some costs must be incurred before a proposed project can be submitted with the required descriptive and cost data; therefore, for development projects, the costs of site planning, feasibility studies, architectural services, preliminary design and preparation of cost estimates may be eligible for assistance, although incurred prior to project approval. All such preapproval costs incurred within three years prior to project submission are allowable.
E.Eligible Applicants
1.Land Trusts - Land Trusts, as defined in § 2.3(J) of this Part, may apply for funding from the one million six hundred thousand dollars ($1,600,000.00) allocated in § 2.4(A)(1)(b) of this Part.
2.Municipal Agency - Municipal Agencies, as defined in § 2.3(L) of this Part, may apply for coastal and shoreline acquisition, recreation acquisition, recreation development and shoreline access improvement funds. Further, the Recreation Resources Review Committee is responsible for determining eligibility status to participate in recreation acquisition, recreation development and shoreline access improvement. Eligibility is based upon the adoption and maintenance of an up-to-date Recreation, Conservation and Open Space Plan which adequately assesses the current and future recreation and open space requirements and needs. The plan shall include an implementation program and schedule for actions proposed to address issues and needs expressed in the plan.
F.Eligibility Criteria
1.Coastal and Shoreline Acquisition - The Natural Heritage Preservation Commission will review applications and disqualify those that are incomplete or which fail to meet eligibility criteria set forth in its Rules and Regulations, adopted November, 1986, as amended.
2.Recreation Acquisition and Development - The Recreation Resources Review Committee will review applications and disqualify those that are incomplete or which fail to meet eligibility criteria set forth in its Open Project Selection Process, of the State Comprehensive Outdoor Recreation Plan, adopted as Element 152 of the State Guide Plan by the State Planning Council on January 11, 1990, under R.I. Gen. Laws § 42-11-1, et. seq.
3.Shoreline Access Improvement - The Recreation Resources Review Committee will review applications and disqualify those that are incomplete or which fail to meet eligibility criteria set forth in its Open Project Selection Process, of the State Comprehensive Outdoor Recreation Plan, adopted as Element 152 of the State Guide Plan by the State Planning Council on January 11, 1990, under R.I. Gen. Laws § 42-11-1, et. seq. Projects shall comply with the "Rules and Regulations for Shoreline Access Improvement Grants", adopted February 5, 1990, as amended, most particularly at § 2.8 of this Part, "Project Eligibility and Project Cost".
4.The above referenced Commission and Committee may at their sole discretion allow applicants a reasonable period of time to complete incomplete applications.
G.Evaluation of Applications
1.Coastal and shoreline acquisition - The Natural Heritage Preservation Commission will review each qualified application according to its Rules and Regulations, adopted November, 1986, as amended and shall submit to the Director in order of priority its recommendations for grant awards.
2.Recreation Acquisition and Development - The Recreation Resources Review Committee will review each qualified application according to its eligibility criteria set forth in its Open Project Selection Process of the State Comprehensive Outdoor Recreation Plan, adopted as Element 152 of the State Guide Plan by the State Planning Council on January 11, 1990, under R.I. Gen. Laws § 42-11-1, et. seq., and shall submit to the Director in order of priority its recommendations for grant awards.
3.Shoreline Access Improvement - The Recreation Resources Review Committee will review each qualified application according to its eligibility criteria set forth in its Open Project Selection Process of the State Comprehensive Outdoor Recreation Plan, adopted as Element 152 of the State Guide Plan by the State Planning Council on January 11, 1990, under R.I. Gen. Laws § 42-11-1, et. seq., and shall submit to the Director in order of priority its recommendations for grant awards.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-2 § 2.9** Local Grants {#sec-250-ricr-110-00-2-2.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-2#2.9}
A.Awards - The Director shall award grants in the order of priority recommended by the Natural Heritage Preservation Commission from the fifty percent (50%) reserved for coastal and shoreline acquisitions pursuant to § 2.9(F)(1) of this Part and shall similarly award, in order of priority recommended by the Recreation Resources Review Committee, grants from the thirty percent (30%) reserved for recreation acquisition pursuant to § 2.9(F)(2) of this Part. The Director shall make additional awards from the twenty percent (20%) of allocated funds to either coastal and shoreline acquisition or recreation acquisition held in reserve. Notwithstanding the above, the Director, with the advice of the rating committees, shall have the authority to adjust such grant awards, so that no one community receives a disproportionate amount of the funds available and so that a reasonable geographic distribution of funds is achieved.
B.Notice - Notice of award shall be by registered mail return receipt.
C.Matching Funds
1.Local Projects - Grants shall be for 50% of approved project costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds.
2.Land Trust Projects - Grants shall be for 50% of approved project costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds.
3.Urban Parks Rehabilitation - Grants shall be for 100% of approved projects costs, not to exceed the amount allocated by law pursuant to § 2.9(C) of this Part.
4.Financially Restricted Communities - Grants shall be for up to 100% of the approved coastal and shoreline and recreation acquisition costs and up to 100% of the approved recreation development costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds.
5.Donations - Applicants may show the value of interests in land acquired as a local match, provided and to the extent that the value shown as a donation is sustained by competent appraisal and the donation is part of the same project.
D.Records - The notice of award will set forth all grant terms, schedules and conditions including most particularly those relating to record keeping and verification of expenditures.
E.Project Period - The beginning date of a project period will normally be the date of approval. When a waiver has been granted by the Director, the effective date of the waiver shall be used as the beginning date of the project period. A period of one year shall be considered the project period and may be extended up to five years upon approval of the Director.
F.Restrictive Covenants - Grants will only be awarded upon receipt of the recipient's certification, signed by its authorized agent, that it will maintain any property acquired with grant funds in the condition and for the purpose specified in its approved grant application, and that it will do so in perpetuity.
1.Coastal and Shoreline Acquisition - It shall be an explicit condition of the receipt of a grant from the fund for the purchase of coastal and shoreline property that an approved management plan be submitted, as set forth in the Natural Heritage Preservation Commission Rules and Regulations, as amended. If public access is deemed appropriate, by the Natural Heritage Preservation Commission, the recipient shall not discriminate in providing access or in fees charged for access. Signs acknowledging the use of the Open Space and Recreation Area Funds shall be posted on the property.
2.Recreation Acquisition and Development - It shall be an explicit condition of a grant from the fund for the purchase of recreation land and/or development of recreation land that the applicant comply with the requirements of the Land and Water Conservation Fund Act of 1965, Public Law 88-578, 78 Stat 897. Such requirements include, but are not limited to, general project compliance, criteria for acquisition, criteria for development, access fees, compliance with regulatory statutes, conversion of the property for noncomplying use, signs acknowledging the use of the Open Space and Recreational Area Funds, five year compliance inspections and dedication in perpetuity to outdoor recreation. Enforcement power will lie with the Director of the Department of Environmental Management where the Secretary of the Interior or Regional Director of the National Park Service is referenced.
3.Shoreline Access Improvement - It shall be an explicit condition of a grant from the fund for the improvement of a shoreline access site that the applicant comply with the requirements of the Rules and Regulations of the "Shoreline Access Improvement Grants" adopted February 5, 1990, as amended.
G.Enforcement - Each recipient shall execute a conservation easement, or similar document, running in favor of the State of Rhode Island and such certification shall further provide that if the recipient at any time fails in its obligation to properly maintain the property acquired in accordance with the purposes and functions for which it was acquired and with the approved management plan, if applicable, the State of Rhode Island may enforce the grant conditions in equity or, at its discretion, may assume title, custody and control to protect its interest.
H.Conversion - Any property so acquired or developed shall not be wholly or partly converted to other than the purpose specified in its approved grant application without the approval of the Director. The Director has the authority to disapprove conversion requests and/or to reject proposed property substitutions. Conversion requests will be considered following the prerequisites of the Land and Water Conservation Fund Act found in the manual in section 675.9.3.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-2 § 2.10** Severability {#sec-250-ricr-110-00-2-2.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-2#2.10}
If any section, paragraph, phrase, sentence or clause of these Rules and Regulations is declared invalid or unconstitutional for any reason, the remainder of the rules shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-110-00-3** Rules and Regulations for Open Space Recreational Greenways Recreational Bikeways 1998 Bond Authorization
##### **250-RICR-110-00-3 § 3.1** Purpose {#sec-250-ricr-110-00-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.1}
The purpose of these Rules and Regulations is to establish the procedures by which the Department of Environmental Management will administer the 1998 Environmental Management Bonds.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.2** Authority {#sec-250-ricr-110-00-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, Environmental Management, and in accordance with Rhode Island Public Law 1998, Chapter 31, Article 5, "1998 Environmental Management Bonds," which authorizes the Department of Environmental Management to administer Fifteen Million Dollars ($15,000,000.00) in state bonds according to the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.3** Allocation of Funding {#sec-250-ricr-110-00-3-3.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.3}
A.Funding under the 1998 Environmental Management Bonds shall be allocated as follows:
1.$5,000,000.00 to provide funds to purchase or permanently protect greenways and other open space; and,
2.$5,000,000.00 to provide funds for the design and construction of regional bikeways to include the Blackstone Bikeway, the Washington Secondary/Coventry Greenway/Trestle Trail and the South County Bikeway; and,
3.$5,000,000.00 to provide Grants and matching funds to local municipalities, land trusts and non-profit environmental organizations for the acquisition, design and construction of local bikeways and recreational greenways.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.4** Applicability {#sec-250-ricr-110-00-3-3.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.4}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.5** Definitions {#sec-250-ricr-110-00-3-3.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.5}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1.“Agricultural acquisition" means the purchase of development rights to land that has agricultural value.
2.“Agricultural value” means five or more contiguous acres of land that is suitable for the production of crops or livestock by reference to soil type or existing use as set forth in the Farmland Preservation Act, R.I. Gen. Laws Chapter 42-82.
3.“Bike path” means the route or right-of-way area, designed for multiple use of non-motorized bicycles, in-line skates, jogging, walking and, in specialized areas; equestrians.
4.“Bikeway” means a linear, durably surfaced pathway, designed and constructed to safely accommodate usage by bicyclists and pedestrians for the purpose of recreational enjoyment and/or travel within or between communities. Bikeways must be principally separate, off-road facilities, and must connect destinations including public parks and open space areas, municipal and business centers, schools and other public facilities and/or regional or local bikeways. Bikeway, as defined herein includes “bicycle trails or paths” as defined in R.I. Gen. Laws § 31-1-23, but also includes facilities designated to accommodate compatible uses other than bicycles. Bikeways must prohibit motorized vehicle usage except by authorized public safety or maintenance vehicles.
5.“DEM, Division of Planning and Development” means a division of the Rhode Island Department of Environmental Management that is authorized to administer the 1998 Bond Authorization.
6.“Department of Environmental Management” means a department of the state government as described in the R.I. General Laws.
7.“Development rights purchase” means the acquisition of the development rights as defined in R.I. Gen. Laws § 42-82-2 sufficient to insure preservation of the property in an undeveloped state in perpetuity.
8.“Director” means the Director of the Rhode Island Department of Environmental Management.
9.“Environmental non-profit agency” means a group or organization whose primary purpose is the protection and conservation of natural resources and is formed pursuant to R.I. Gen. Laws § 7-6-1 et. seq. or which otherwise qualifies as a tax exempt public charity under § 510(c)(3) of the Internal Revenue Code.
10.“Greenway” means corridor of protected open space managed for conservation, recreation and/or transportation purposes.
11.“Greenspace” means land and water that is:
a.Legally restricted or otherwise dedicated for purposes of conservation of natural resources and which is reserved in an undeveloped state; or,
b.Legally restricted or otherwise reserved for purposes of public recreation and of which development is limited to structures and facilities essential to support public recreational usage.
12.“Greenspace acquisition” means the purchase of fee simple, conservation easement or development rights of eligible land for the purpose of creating or maintaining a greenway consistent with the State Greenspace and Greenways Plan.
13.“Greenways master plan” means a plan adopted by the governing body of an eligible applicant that specifies a vision, goals, policies, actions and priorities for creation and maintenance of a greenway or greenway system to be developed, operated and maintained by the applicant. Greenways Master Plans must include sufficient detail to establish the general feasibility of, delineate specific projects or phases, and identify funding and priorities for creation of a greenway or greenways system. Open Space and Recreation Elements of an adopted Local Comprehensive Plan containing such detail may be submitted by a municipal applicant as its greenways master plan.
14.“Land and protection plan” means the plan adopted in 1996 by DEM entitled “Protecting Our Land Resources”, to guide the department’s land acquisition and protection activities.
15.“Land trust” means an organizations incorporated pursuant to R.I. Gen. Laws § 7-6-1; or organizations meeting the definition of "charitable trust" set out in R.I. Gen. Laws § 18-9-4; or organizations duly existing as private non-profit organizations in other states or the District of Columbia among whose purposes is the preservation of open space, as the term is defined in R.I. Gen. Laws § 45-36-1. Further, all organizations must have been granted preliminary status as a tax-exempt corporation under § 501(c)(3) of the Internal Revenue Code and its regulations, as they now exist or may hereafter be amended.
16.“Local bikeway” means a bikeway as defined herein that is constructed, owned and operated by state or municipal agencies and/or a non-profit groups which is open to the public and is consistent with the State Greenspace and Greenways Plan, and that is principally designed to:
a.Connect public parks and greenspace areas to municipal and business centers, schools and other public facilities, or otherwise accommodate recreational travel demands, generally within a single municipality, watershed or similar sub-state area,
b.Serve as a collector or feeder to a regional bikeway corridor designated in the State Greenspace and Greenways Plan;
c.Accommodate bicycle and pedestrian circulation needs within a single park or greenspace area managed for public recreational use and enjoyment.
17.“Local comprehensive plan” means the plan adopted by each municipal agency and approved pursuant to R.I. Gen. Laws Chapter 45-22.2 specifying the future development of a community.
18.“Municipal agency” means a unit of municipal government or an agency composed of representatives of several municipal governments among whose purposes is the preservation of open space, acquisition of recreation land or development of recreation land; said unit having the operational capability and legal authority to effectuate this purpose.
19.“Natural value” means those geologic, hydrologic and biotic elements that occur in the state without human introduction.
20.“Recreational greenway” means a greenway as defined herein, that is managed principally for public recreational use and enjoyment, but that also provides transportation, conservation, agricultural preservation or other functions as subsidiary benefits. Recreational greenways, include but are not limited to, land, water, and associated facilities (trails, river ways, walkway or paths, signage, etc.) providing a continuous corridor connecting parks, recreational sites, and other destinations within or between communities.
21.“Rhode Island Greenways Council” means the council as created by R.I. Gen. Laws § 42-125-5.
22.“Scenic value” means aesthetically appealing landscapes or views composed of natural and/or cultural features.
23.“SCORP” means the State Comprehensive Outdoor Recreation Plan adopted as element 152 of the State Guide Plan by the State Planning Council.
24.“State greenspace and greenways plan" or “Greenways, Greenspace, element of the State Guide Plan” means the document entitled "A Greener Path: Greenspace and Greenways for Rhode Island’s Future", and designated as Element 155 of the State Guide Plan, as adopted by the State Planning Council pursuant to R. I. Gen. Laws § 42-11-10, including any subsequent revisions or amendments thereof adopted by the State Planning Council.
25.“State guide plan” means goals, policies and plans or plan elements for the physical, economic and social development of the state, adopted by the state planning council in accordance with R.I. Gen. Laws § 42-11-20.
26.“Trail” means a thoroughfare or track across land, used for recreational purposes such as walking, hiking, skating, equestrian activities and bicycling.
27.“Watershed council” means an organization recognized by the Rhode Island Rivers Council, responsible for advancing the purposes of R.I. Gen. Laws Chapter 46-28 and implementing the Rivers Policy and Classification Plan adopted as RI State Guide Plan Element 162. As used in these Rules and Regulations, all terms not defined herein shall have the meaning given them in R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.6** Scheduling of Selection Rounds {#sec-250-ricr-110-00-3-3.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.6}
The Director shall schedule the number, frequency and duration of local grant funding rounds after consultation with the Rhode Island Greenways Council; provided that there shall be at least one such funding round per year until all funds are expended.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.7** Applications {#sec-250-ricr-110-00-3-3.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.7}
Applications on forms approved by the Rhode Island Greenways Council, as applicable, shall be available on request from the Rhode Island Department of Environmental Management, Division of Planning and Development 235 Promenade Street, Room 320, Providence, RI 02908-5767 or from the DEM Web Site at www.state.ridem.planning.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.8** Filing {#sec-250-ricr-110-00-3-3.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.8}
Applications must be filed within the prescribed period to be established for each local grant funding round by the Rhode Island Greenways Council and the Department of Environmental Management. Applications must be sent to the Department of Environmental Management, Division of Planning and Development, 235 Promenade Street, Room 300, Providence, RI 02908-5767.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.9** Recording {#sec-250-ricr-110-00-3-3.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.9}
Applications will be accepted any business day during regular work hours up to the filing deadline and shall be date and time stamped upon receipt by the Department of Environmental Management.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.10** Filing Deadline {#sec-250-ricr-110-00-3-3.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.10}
The Director shall set a filing deadline for receipt of applications for each selection round. Applications received after the filing deadline will not be considered for funding during that round and will be returned to the applicant without prejudice. All filing deadlines will be advertised in the Providence Journal/Bulletin and posted on the DEM Web Site. Applications may be resubmitted during a subsequent selection round.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.11** Evaluation of Applications {#sec-250-ricr-110-00-3-3.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.11}
A.Review - The Rhode Island Greenways Council will review each application according to the procedures and evaluation criteria developed and approved by the Council, and shall submit to the Director in order of priority its recommendations for grant awards.
B.Awards - The Director shall award grants in the order of priority recommended by the Rhode Island Greenways Council from the 1998 Bond Fund Authorization. The Director, with the advice of the State Greenways Council, shall have the authority to adjust such grant awards, so that no one community receives a disproportionate amount of the funds available and so that a reasonable geographic distribution of funds is achieved.
C.Notice - Notice of award shall be by registered mail, return receipt requested.
D.Records - The notice of award will set forth all grant terms, schedules and conditions, including most particularly those relating to record keeping and verification of expenditures.
E.Project Period- The beginning date of a project period will normally be the date of approval. When a waiver has been granted by the Director, the effective date of the waiver shall be used as the beginning date of the project period. A period of two (2) years shall be considered the project period and may be extended up to five years upon approval of the Director.
F.Discrimination - Any property acquired and or developed with funds from this bond authorization shall not discriminate against persons desiring to use said property on the basis of residence, including preferential reservation membership or annual permit system which are prohibited. Project sponsors may impose reasonable limits on the type and extent of use of areas and facilities acquired or developed with this fund when such a limitation is necessary for maintenance or preservation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.12** Allocation of Bond Proceeds - Open Space Land Acquisition $5,000,000.00 {#sec-250-ricr-110-00-3-3.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.12}
A.State Projects - the Rhode Island Department of Environmental Management shall administer Three (3) Million Dollars ($3,000,000.00) in FY 2000 - FY 2004.
1.State Land Acquisition - Two Million Dollars ($2,000,000.00) shall be allocated for land acquisition protection which is consistent with the “Greenways, Green Space” element of the State Guide Plan and the Department of Environmental Management “Land Protection Plan”. One Million Dollars ($1,000,000) in FY 2001 and One Million Dollars ($1,000,000) in FY 2002 will be available for State Land Acquisition projects. Projects funded under this section shall be approved by the Department of Environmental Management's Land Acquisition Committee and the State Properties Committee.
2.Agricultural Acquisition- One Million Dollars 10 ($1,000,000.00) in FY 2000 shall be allocated to the Agricultural Land Preservation Commission, established pursuant to R.I. Gen. Laws § 42-82-8. Said funds shall be expended by the Rhode Island Agricultural Land Preservation Commission for the purchase of development rights to land having high agricultural value as defined herein. The Agricultural Land Preservation Commission shall choose eligible farms under their Operating Procedures adopted June 1983, as amended.
B.Local Projects - Two Million Dollars ($2,000,000.00) shall be allocated to municipal agencies, local land trusts and non-profit environmental organizations to provide matching funds for fee simple acquisition, conservation easements or development rights, to land that is consistent with the “Greenways, Greenspace” element of the State Guide Plan. Two Million Dollars in FY 2002 shall be allocated for such grants. Grant rounds shall be announced by the Director, the Rhode Island Greenways Council shall set the maximum amount award for a single grant awarded during each round. The Rhode Island Greenways Council will review each application according to the procedures and evaluation criteria outlined in the “Rules and Regulations” adopted for the 1998 Environmental Management Bonds Authorization and shall submit to the Director in order of priority its recommendations for grant awards.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.13** Eligible Projects {#sec-250-ricr-110-00-3-3.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.13}
A.Open Space Acquisition Projects - Open space acquisition shall be limited to the purchase fee simple title to open space where such land is consistent with the “Greenways, Greenspace” element of the State Guide Plan: the document entitled A Greener Path: Greenspace and Greenways for Rhode Island’s Future and will be developed and used for trail and/or bicycle purposes.
B.Greenway/Greenspace Development Projects - A development project may consist of one improvement or group of related improvements designed to provide public hiking, bicycling or other similar activities within a greenway or greenspace area. In addition, reforestation, landscaping and natural resource restoration in the greenway/greenspace area are eligible.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.14** Eligible Project Costs {#sec-250-ricr-110-00-3-3.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.14}
Costs incidental to purchasing land or interests in land such as costs of appraisal, survey, title search, title insurance and the purchase itself are eligible; provided that any such costs are incurred after a grant application has been approved or after the applicant has received a waiver from the Director allowing such costs to be incurred in advance of project approval. Costs incurred prior to the approval of a project are at the applicant's risk and retroactive reimbursement is not assured. The granting of a waiver of retroactivity does not constitute assurance that the project will be approved. It is recognized that some costs must be incurred before a proposed project can be submitted with the required descriptive and cost data, although incurred prior to project approval. All such pre-approval costs for approved projects incurred within one year prior to project submission are “allowable”.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.15** Eligible Applicants {#sec-250-ricr-110-00-3-3.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.15}
A.Land Trusts/Watershed Councils and Non-profit Environmental Agencies - as defined in § 3.5 of this Part may apply for land acquisition funding. The Rhode Island Greenways Council shall be responsible for determining eligibility status to participate in the Land Acquisition grant rounds. Eligibility is based upon the adoption and maintenance of an up-to-date Comprehensive Land Use Plan, Greenways Master Plan or Watershed Management Plan which adequately assesses the current and future recreation and open space requirements and needs. The plans shall include an implementation program and schedule for actions proposed to address issues and needs expressed in the plan.
B.Municipal Agency - Municipal agencies, as defined in § 3.5 of this Part, may apply for land acquisition funds. The State Greenways Council shall be responsible for determining eligibility status to participate in the Land Acquisition Grant Rounds. Eligibility is based upon the adoption and maintenance of an up-to-date Comprehensive Land Use Plan or Greenways Master Plan or Outdoor Recreation Plan which adequately assesses the current and future recreation and open space requirements and needs. The plan shall include an implementation program and schedule for actions proposed to address issues and needs expressed in the plan.
C.Ineligible Entities - State Boards or Commissions, Executive Department, private commercial businesses and agencies of the federal government.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.16** Eligibility Criteria Open Space Acquisition Projects: {#sec-250-ricr-110-00-3-3.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.16}
Open space acquisition shall be limited to the purchase fee simple title, development rights or conservation restrictions over open space where such land is consistent with the “Greenways, Greenspace” element of the State Guide Plan: the document entitled "A Greener Path: Greenspace and Greenways for Rhode Island’s Future".
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.17** Matching Funds {#sec-250-ricr-110-00-3-3.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.17}
A.Opens Space - Grants shall be for 50% of approved project costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds.
B.Donations - Applicants may show the value of donated interests in land to be acquired as a local match, provided and to the extent that the value shown as a donation is sustained by competent appraisal and the donation is part of the same project.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.18** Restrictive Covenants {#sec-250-ricr-110-00-3-3.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.18}
Grants will only be awarded upon receipt of the recipient's certification, signed by its authorized agent, that it will maintain any property acquired with grant funds in the condition and for the purpose specified in its approved grant application, and that it will do so in perpetuity. Each recipient shall execute a conservation easement, or similar document, running in favor of the State of Rhode Island and such certification shall further provide that if the recipient at any time fails in its obligation to properly maintain the property acquired in accordance with the purposes and functions for which it was acquired and in conformance with the approved management plan, if applicable, the State of Rhode Island may enforce the grant conditions in equity or, at its discretion, may assume title, custody and control to protect its interest.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.19** Management {#sec-250-ricr-110-00-3-3.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.19}
It shall be an explicit condition of the receipt of a grant from the fund for the purchase of land or any interest therein, that an approved management plan meeting the requirements of such plans established in the Rules and Regulations of the Rhode Island Natural Heritage Preservation Commission, as amended be submitted and approved. If public access is deemed appropriate, by the State Greenways Council, the recipient shall not discriminate in providing access or in fees charged for access. Signs acknowledging the use of the Rhode Island Greenways Program Funds shall be posted on the property.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.20** Conversion {#sec-250-ricr-110-00-3-3.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.20}
A.Any property so acquired or developed shall not be wholly or partly converted to other than the purpose specified in its approved grant application without the approval of the Director. The Director has the authority to disapprove conversion requests and/or to reject proposed property substitutions.
B.All funds allocated for grants under this section must be obligated no later than June 30, 2005. All funds authorized but not obligated on June 30, 2005 shall revert to the control of the Director for use in accordance with any section of the Bond Authorization.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.21** Regional Bikeway Development $5,000,000.00 {#sec-250-ricr-110-00-3-3.21 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.21}
A.State Regional Bikeways: the Rhode Island Department of Environmental Management shall be allocated Five (5) Million Dollars ($5,000,000.00) for the design and development of regional bikeways. Said bikeways shall include:
1.The Blackstone River Bikeway and related linkages;
2.The South County bike path;
3.The Washington Secondary bike path.
B.All funds allocated for grants under this section must be obligated no later than June 30, 2005. All funds authorized but not obligated on June 30, 2005 shall revert to the control of the Director for use in accordance with any section of the Bond Authorization.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.22** Local Bikeways and Recreational Greenway Development and Acquisition $5,000,000.00 {#sec-250-ricr-110-00-3-3.22 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.22}
The Rhode Island Department of Environmental Management shall be allocated Five (5) Million Dollars ($5,000,000.00) for the design and construction of local bikeways and recreational greenways. The funds shall be allocated to municipal agencies to provide matching funds for the acquisition, design and construction of local bikeways / bike paths and recreational greenways consistent with the municipal agency’s “Local Comprehensive Land Use Plan” and the “State Greenways and Greenspace Plan”. FY 2000 - FY 2004 / $1,000,000 per year as identified in the State Capital Plan. All funds allocated for grants under this section must be obligated no later than June 30, 2005. All funds authorized but not obligated on June 30, 2005 shall revert to the control of the Director for use in accordance with any section of the Bond Authorization.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.23** Project Costs Eligible Project Costs {#sec-250-ricr-110-00-3-3.23 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.23}
Eligible costs for development projects may cover design, construction, site planning, demolition, reforestation, landscaping and natural resource restoration, acquisition and similar activities essential for the proper conduct of the project; provided that any such costs are incurred after a grant application has been approved or after the applicant has received a waiver from the Director allowing such costs to be incurred in advance of project approval. Costs incurred prior to the approval of a project are at the applicant's risk and retroactive reimbursement is not assured. The granting of the waiver does not constitute assurance that the project will be approved. It is recognized that some costs must be incurred before a proposed project can be submitted with the required descriptive and cost data, although incurred prior to project approval. All such pre-approval costs incurred within one year prior to project submission are allowable.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.24** Eligible Applicants {#sec-250-ricr-110-00-3-3.24 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.24}
A.Land Trusts - Land Trusts, as defined in § 3.5 of this Part may apply for Bikeway / Greenway Development funding. The State Greenways Council shall be responsible for determining eligibility status to participate in the Greenway Development Grant Rounds. Eligibility is based upon the adoption and maintenance of an up-to-date Comprehensive Land Use Plan or Greenway Master plan which adequately assesses the current and future recreation and open space requirements. The plan shall include an implementation program and schedule for actions proposed to address issues and needs expressed in the plan.
B.Municipal Agency - Municipal agencies, as defined in § 3.5 of this Part, may apply for Bikeway / Greenway Development funds. The State Greenways Council shall be responsible for determining eligibility status to participate in the Greenway Development Grant Rounds. Eligibility is based upon the adoption and maintenance of an up-to-date Comprehensive Land Use Plan or Greenway Master Plan which adequately assesses the current and future recreation and open space requirements and needs. The plan shall include an implementation program and schedule for actions proposed to address issues and needs expressed in the plan.
C.Environmental Non-Profit Agency - Environmental Non-Profit agencies, as defined in § 3.5 of this Part, may apply for Bikeway / Greenway Development funds. The State Greenways Council shall be responsible for determining eligibility status to participate in the Greenway Development Grant Rounds. Eligibility is based upon the adoption and maintenance of an up-to-date Greenway Master Plan which adequately assesses the current and future recreation and open space requirements and needs. The plan shall include an implementation program and schedule for actions proposed to address issues and needs expressed in the plan.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.25** Matching Funds {#sec-250-ricr-110-00-3-3.25 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.25}
Local Bikeway Development & Recreation Greenway Development Grants - Grants shall be for 50% of approved project costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.26** Management/Maintenance Agreement {#sec-250-ricr-110-00-3-3.26 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.26}
Each applicant must submit with the application a signed maintenance and management agreement stating the applicant’s ability to manage and maintain the improved/acquired property. The city/town council where said project is located must approve the project and maintenance / management agreement by resolution guaranteeing future maintenance/ management of the facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.27** Restrictive Covenants {#sec-250-ricr-110-00-3-3.27 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.27}
Grants will only be awarded upon receipt of the recipient's certification, signed by its authorized agent, that it will maintain any property acquired with grant funds in the condition and for the purpose specified in its approved grant application, and that it will do so in perpetuity. Each recipient shall execute a conservation easement, or similar document, running in favor of the State of Rhode Island and such certification shall further provide that if the recipient at any time fails in its obligation to properly maintain the property developed in accordance with the purposes and functions for which it was developed, the State of Rhode Island may enforce the grant conditions in equity or, at its discretion, may assume title, custody and control to protect its interest. It shall be an explicit condition of the receipt of a grant for a local bikeway or recreational greenway development grant that an approved maintenance and operations plan be submitted and approved by the Greenways Council and Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-110-00-3 § 3.28** Severability {#sec-250-ricr-110-00-3-3.28 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-3#3.28}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-110-00-4** Rules and Regulations for the Rhode Island Natural Heritage Preservation Commission
##### **250-RICR-110-00-4 § 4.1** Purpose {#sec-250-ricr-110-00-4-4.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.1}
These Rules and Regulations as amended, establish the operating procedures for the Natural Heritage Preservation Commission, the Rhode Island Natural Heritage Commission Advisory Committee, and the Rhode Island Department of Environmental Management for administering the Rhode Island Open Space Grants and the Natural Heritage Preservation Revolving Loan Fund, the purpose of which are to preserve, protect and make available for public use important open space and natural land throughout the state.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.2** Authority {#sec-250-ricr-110-00-4-4.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.2}
These rules and regulations as amended are promulgated pursuant to R.I. Gen. Laws § 42-17.5-5(c), and in accordance with the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35 in order to disperse funds allocated pursuant to Public Laws 142, 2016, Article 4, including but not limited to the “2016 Green Economy” which authorizes the Department of Environmental Management to administer Thirty Five Million Dollars $35,000,000.00 in state bond funds and any similar funds that may be allocated by the General Assembly subsequent thereto.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.3** Definitions {#sec-250-ricr-110-00-4-4.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.3}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1."Advisory committee" means the Natural Heritage Preservation Commission Advisory Committee, a committee authorized to advise the Natural Heritage Preservation Commission on natural heritage matters as defined in R.I. Gen. Laws § 42-82-2.
2."Commission" means the Natural Heritage Preservation Commission, a commission defined in R.I. Gen. Laws §§ 42-17-5.4 and 42-17-5.5.
3."Conservation commission” means a commission as defined in R.I. Gen. Laws Chapter 35-45.
4."Department" means the Rhode Island Department of Environmental Management.
5."Director" means the Director of the Rhode Island Department of Environmental Management as described in R.I. Gen. Laws § 42-17.1.1.
6."Ecological value" means those values that promote and enhance the biological diversity of the State.
7."Environmental non-profit agency" means a group or organization formed pursuant to R.I. Gen. Laws § 7-6-1 et. seq. or which otherwise qualifies as a tax exempt public charity under the Internal Revenue Service Code 26 U.S.C. § 501(c)(3), whose purpose is the protection and conservation of natural resources as defined in its articles of incorporation.
8.“Land trust” means organizations incorporated pursuant to R.I. Gen. Laws § 7-6-1, or organizations meeting the definition of "charitable trust" set out in R.I. Gen. Laws § 18- 9-4; or organizations duly existing as private non-profit organizations in other states or the District of Columbia among whose purposes is the preservation of open space, as the term is defined in R.I. Gen. Laws § 45-36-1. Further, all organizations must have been granted preliminary status as a tax-exempt corporation under Internal Revenue Service Code 26 U.S.C. § 501(c)(3) and its regulations, as they now exist or may hereafter be amended.
9.“Municipal agency” means one or more units of municipal government whose purpose includes the preservation of open space, acquisition of recreation land or development of recreation land; said unit(s) having the operational capability and legal authority to effectuate this purpose.
10."Native American tribes" means Native American tribes, bands, nations or other organized group which exercises governmental functions and which is recognized by the Secretary of the Interior as eligible for the special programs and services provided by the United States to Native Americans because of their status.
11.“Open space" means undeveloped land that has natural, ecological or scenic value.
12.“Watershed council" means an organization recognized by the Rhode Island Rivers Council, responsible for advancing the purposes of R.I. Gen. Laws Chapter 46-28 and implementing the Rivers Policy and Classification Plan adopted as RI State Guide Plan Element 162.
13.As used in these Rules and Regulations, all terms not defined herein shall have the meaning given them in R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.4** Allocation of Funds {#sec-250-ricr-110-00-4-4.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.4}
A.Grant Funding Allocation: The Department shall schedule the number, frequency and duration of grant funding rounds consistent with the “State Capital Budget Plan.” The Department may establish a maximum per project funding level for any given grant round.
B.Loan Funding Allocation: The Department may set the maximum amount of funds available for loan during each calendar year from the revolving loan funds.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.5** Eligible Applicants {#sec-250-ricr-110-00-4-4.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.5}
Land trusts, conservation commissions, watershed councils, municipal agencies, environmental nonprofit agencies, and Native American tribes, as defined in § 4.3 of this Part may apply for land acquisition funding. The Rhode Island Department of Environmental Management shall be responsible for determining eligibility status to participate.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.6** Eligible Property {#sec-250-ricr-110-00-4-4.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.6}
A.In order to be eligible for funding, a property must not be currently publicly held or in conservation use.
B.If an applicant is requesting grant funding that will include costs incurred after the announcement of a grant round, but prior to a grant award, the applicant must submit a “Waiver of Retroactivity” request to the Director to be eligible for reimbursement. Waivers of Retroactivity must be requested by the applicant in writing prior to contracting for services or taking title to the property. Costs incurred prior to the approval of a project are incurred at the applicant's risk and retroactive reimbursement is not assured. The granting of a waiver of retroactivity does not constitute assurance that the project will be approved.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.7** Meetings {#sec-250-ricr-110-00-4-4.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.7}
A.Open Meetings: All Commission and Advisory Committee meetings and records shall be conducted in compliance with the Open Meetings Law (R.I. Gen. Laws Chapter 42-46) and the Access to Public Records Act (R.I. Gen. Laws Chapter 36-1).
B.Chairperson: The Advisory Committee shall elect a Chairperson at the first scheduled meeting of each calendar year.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.8** Application Procedures {#sec-250-ricr-110-00-4-4.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.8}
A.Availability of Application Forms: Application forms shall be available for download on the Department's website and paper copies shall be available upon request to the Department.
B.Filing of Applications: Applications shall be filed with the Department in a manner specified on the application form.
C.Application Submission:
1.Grant Applications: Applications for Open Space Grant Awards must be filed within the prescribed period established by the Department.
2.Loan Applications: Loan applications may be submitted at any time throughout the year. The Commission will meet as needed to consider loan applications.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.9** Application Review/Awards {#sec-250-ricr-110-00-4-4.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.9}
A.Grant Application Review: After the application deadline, the Advisory Committee shall have ninety (90) days to evaluate the applications according to the scoring criteria and shall submit a ranked list of recommended projects to the Commission. The Commission will review the recommendations and award grants within thirty (30) days.
B.Loan Application Review: Following the receipt of an application, the Advisory Committee shall have forty-five (45) days to make its recommendation to the Commission. The Commission shall act on all applications in a timely manner and in no case shall the Commission take more than fifty (50) days after the submission date to inform an applicant of its decision.
C.Evaluation: The Commission shall develop scoring criteria to evaluate and award applications. The scoring criteria shall include, but not be limited to, consideration of habitat and resource protection. These scoring criteria shall be available for download on the Department’s website.
D.Notice: notice of an award shall be by mail or via email.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.10** Fund Terms {#sec-250-ricr-110-00-4-4.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.10}
A.Grant Terms and Conditions: The notice of an award will set forth all grant terms, schedules, and conditions.
B.Loan Terms: In addition to any other limitations which may be imposed:
1.No loan shall exceed ninety (90) percent of the purchase price to be paid for the subject property.
2.No loan shall exceed seventy-five (75) percent of the appraised value of the subject property.
3.Each loan agreement shall specify a maximum five (5) year term within which the full amount of the loan shall be repaid, shall require payments on a quarterly basis, and shall set forth the amounts of each periodic payment. The Natural Commission may alter the repayment terms of the loan in emergency situations.
4.As security for said repayment obligations, the applicant shall execute a “Promissory Note” for the subject property to the Natural Heritage Preservation Commission and to the State of Rhode Island. The applicant will also be responsible for providing a title insurance policy in the amount of the loan. The Natural Heritage Preservation Commission and/or the State of Rhode Island shall have under said “Promissory Note” the right to foreclose upon said property and to sell it to any person and on any terms, which it may, in its discretion, choose. The failure to make periodic payments in a timely manner or to maintain the property in accordance with the management plan shall, at the option of the Commission, make the full balance of the loan immediately due and payable.
C.Project Period: The beginning date of a project period will be the date of project approval. A term of two (2) years shall be considered the project period for all land acquisition projects. The Director may extend the project term for an additional two years after review and recommendation by the Commission. A term of four (4) years will be the maximum term for all acquisition grants and/or loans. If the Director should grant a Waiver of Retroactivity, as outlined in § 4.6 of this Part, the effective date of the Waiver of Retroactivity shall be used as the beginning date of the project period.
D.Discrimination: Any property acquired with funds from this bond authorization shall not discriminate against persons desiring to use said property on the basis of residence, including preferential reservation membership or annual permit system which are prohibited. Project sponsors may impose reasonable limits on the type and extent of use of areas acquired with this fund when such a limitation is necessary for maintenance or preservation of the property and is consistent with the Management Plan as outlined in § 4.11 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.11** Required Documentation {#sec-250-ricr-110-00-4-4.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.11}
A.Prior to disbursement of any monies, the Commission shall require the following:
1.Appraisal: A fair market appraisal of the value of the property conducted by a certified real estate appraiser.
2.Survey: A Class 1 property boundary survey to the Department’s specifications and conducted by a registered surveyor.
3.Title Policy: Clear title must be established via a title commitment and insured via a Title Insurance Policy for the property. The Title Insurance Policy shall name the applicant and the Department as insureds on the policy.
4.Management Plan: An approved management plan that sets forth such procedures and requirements as are necessary to preserve the open, natural, scenic, agricultural, and ecological values of the property while providing such passive public recreational usage as is consistent with such preservation. More specifically, the plan shall specify the conditions under which public access and passive public recreational usage of the property is to be allowed and controlled. The plan shall be periodically reviewed and amended to reflect changing circumstances and/or new opportunities for preservation, access and/or recreational use. All amendments are subject to the review and approval of the Department.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.12** Perpetual Conservation Easements and Enforcement {#sec-250-ricr-110-00-4-4.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.12}
Property acquired with grant or loan funds must be maintained and managed in the condition and for the purpose specified in its application in perpetuity. Each recipient shall execute a conservation easement, as defined in R.I. Gen. Laws § 34-39-2(A), or similar document, running in favor of the State of Rhode Island. Said Conservation Easement shall include a provision that if the recipient at any time fails in its obligation to properly maintain the property in accordance with the purposes and functions for which it was acquired and in conformance with the approved management plan, the State of Rhode Island may enforce the grant or loan conditions in equity or, at its discretion, may assume title, custody and control to protect its interest.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
##### **250-RICR-110-00-4 § 4.13** Severability {#sec-250-ricr-110-00-4-4.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-4#4.13}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-12 to 10/24/2017*
#### **250-RICR-110-00-5** Rules and Regulations Governing the Preservation and Protection of State Open Space
##### **250-RICR-110-00-5 § 5.1** Authority {#sec-250-ricr-110-00-5-5.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-5#5.1}
Pursuant to R.I. Gen. Laws Chapter 42-17.9, the preservation of open space and the protection of natural resources are a fundamental interest of the state and an essential function of State government. The within “Rules and Regulations Governing the Preservation and Protection of State Open Space” (hereinafter the “Rules”) have been promulgated specifically to address the policy goals established by the Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-12-02 to 01/04/2022*
- *Adoption — effective from 2010-12-02 to 12/02/2010*
##### **250-RICR-110-00-5 § 5.2** Purpose {#sec-250-ricr-110-00-5-5.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-5#5.2}
The purpose of these Rules is to set standards and guidelines for evaluating actions that would convey or amend state interests or constitute changes in use of State-owned and managed property requiring the approval of the department of administration or the state properties committee in order to preserve and protect the state's interest in open space values and to prevent a net loss of open space values. The Rules shall not operate as standalone provisions and are formally triggered by open space provisions contained with the Rules and Regulations of the State Properties Committee.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-12-02 to 01/04/2022*
- *Adoption — effective from 2010-12-02 to 12/02/2010*
##### **250-RICR-110-00-5 § 5.3** Applicability {#sec-250-ricr-110-00-5-5.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-5#5.3}
The Rules and associated standards, guidelines, and evaluation criteria shall be imposed upon any state agency proposing a sale, lease, transfer, conveyance, change-in-use, and/or amendment of interest in State-owned property that would result in an impact to open space or natural resource values and shall be applicable to the such actions subject to the provisions of R.I. Gen. Laws Chapters 37-6 and 37-7 (Public Property and Works “Acquisition of Land” and “Management and Disposal of Property,” respectively). Said Rules shall not be deemed either to abridge, impair, or restrict, the planning, management, or regulatory authority of State departments and agencies with responsibility for conserving, preserving, protecting, using, managing and enhancing natural resources under the jurisdiction of such departments and agencies or to contravene location or use decisions specifically provided for in statute or approved by referendum.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-12-02 to 01/04/2022*
- *Adoption — effective from 2010-12-02 to 12/02/2010*
##### **250-RICR-110-00-5 § 5.4** Limitation {#sec-250-ricr-110-00-5-5.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-5#5.4}
The Rules shall apply only to properties or portions of properties where the state is the sole property owner, or the state through a grant, lease-hold, or other legal instrument has the functional equivalent of ownership and the state controls the use of the property.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-12-02 to 01/04/2022*
- *Adoption — effective from 2010-12-02 to 12/02/2010*
##### **250-RICR-110-00-5 § 5.5** Definitions {#sec-250-ricr-110-00-5-5.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-5#5.5}
A.For the purposes of these Rules, the following terms shall have the following meanings:
1."Act" means the Preservation of State Open Space Act as set forth in the R.I. Gen. Laws Chapter 42-17.9.
2."Action" means the sale, lease for a period greater than one year, transfer, conveyance, change in-use, or amendment of interest in State-owned property.
3."Agency" means any department, division, unit, bureau, board, commission, council, committee, institution, or other entity established by the State of Rhode Island not specifically exempted from the provisions of R.I. Gen. Laws Chapters 37-6 and 37-7.
4."Application" means an Agency’s application to sell, lease, transfer, convey, implement a change-in-use, and/or amend an interest in State-owned property.
5."Chair" means the Chair of the State of Rhode Island State Properties Committee.
6."Change-in-use" or "change-of-use" means any change in the use, purpose, or level of activity on any parcel of property or portion thereof.
7."Committee" means The State of Rhode Island State Properties Committee.
8."Department" means the State of Rhode Island Department of Environmental Management or DEM. When used in the context of an action, authorization or application, it shall mean the agent of the Department duly authorized by the Director to take such action, grant such authorization or recommend such application for approval.
9."Director" means the Director of the Rhode Island Department of Environmental Management.
10."Division" means the State of Rhode Island, Department of Administration, Division of Planning.
11."Open space" means undeveloped or partially developed real property owned by an Agency of the State of Rhode Island that includes, but is not limited to, the following: conservation land, forested land, wetlands, recreation land, management areas, agricultural land, critical habitat, recreational areas, and corridor parks. Such lands may include amenities such as small parks, green buffers along roadways, or any open area that is owned by an Agency. While many parcels are specifically designated as open space, open space may also refer to undesignated, undeveloped land with particular conservation or recreation interest.
12."Open space" or "natural resource values" means the state's interest in open space values shall mean interests established by law or by investment of public resources and shall include the natural resource, recreational, scenic, habitat and ecological, water supply, agricultural, soil conservation, and forestry values of lands, wetlands, and waters, acquired, preserved, conserved, and/or protected under the provisions of law.
13."Person" means any individual; corporation; partnership; public utility; nonprofit organization; trust; unincorporated association; federal, state, county or local government, or any agency or subdivision thereof; or any other entity; or any combination of the foregoing.
14."Property" means State-owned real estate.
15."R.I. Gen. Laws" means the Rhode Island General Laws of 1956, as amended from time to time.
16."Rules" means these Rules and Regulations Governing the Preservation and Protection of State Open Space, which govern the administration and enforcement of the Act. Unless otherwise expressly stated, any reference herein to the Rules incorporates the relevant provisions of the Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-12-02 to 01/04/2022*
- *Adoption — effective from 2010-12-02 to 12/02/2010*
##### **250-RICR-110-00-5 § 5.6** Determination of Open Space Values {#sec-250-ricr-110-00-5-5.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-5#5.6}
A.Application and Notice.
1.In conformance with the Rules as well as the Rules and Regulations of the State Properties Committee, the Department shall complete its review of properly filed Applications and subsequently issue its recommendations thereon.
2.The Agency Application, as filed, shall be a matter of record and shall be considered by the Department in formulating its recommendation to the Committee.
3.Upon its own election, or upon the request of an interested party, the Department may make a request to the Committee to allow for an extended review and comment period as may be necessary.
4.The Director shall establish a mailing list of all interested persons, groups, and agencies who may wish to be notified of all such Applications. The Director shall solicit all interested persons to be included in the mailing list and shall provide for optional notice via electronic mail.
5.The Notice of Application shall include, but shall not be limited to, the name of the Agency seeking permission to sell, lease, transfer, or convey the Property, the future proposed use(s) for said lands, a property description of the Property, and the date upon which the fifteen (15) day comment period shall end.
B.Comments - Comments filed with the Department under the provisions of these Rules will be considered and reviewed if they are in writing, are legible, contain a discernable name and address of the commenter or objector, are signed, and are received during the fifteen (15) day notice period. The commenter or objector must identify the application number noted in the public notice or must otherwise identify or reference the application about which they are commenting thereon or objecting thereto. The Department will not forward to the Committee those comments or objections to applications which do not contain sufficient information to properly relate the comment or objection to a specific application.
1.A comment will be considered timely filed if received within the fifteen (15) day public comment period. If the last day of the fifteen (15) day notice period ends on a weekend or holiday, the end of the public notice period will be extended through the next business day.
2.Comments and objections may be provided via paper copy (regular mail), facsimile, or via electronic mail.
3.The Department shall determine whether a comment is a comment or objection of a substantive nature pursuant to the Rules. In accordance with the Rules, a determination that a comment or objection is substantive will necessitate the forwarding of such comment or objection to the Committee. All substantive comments and objections received by the Department will remain part of the Application file.
4.A commenter or objector may withdraw, in writing, his or her objection any time prior to the submission of the Department’s recommendation to the Committee.
C.Review Criteria – If a Property is to be sold, transferred, conveyed, changed in use, an interest amended thereon, or leased for a term longer than one year, the Department shall conduct an evaluation and issue findings and recommendations to the Committee taking into account the following review criteria:
1.Whether the Property has significant open space or natural resource values, as defined by R.I. Gen. Laws § 42-17.9-3 and determined by a review of the Property’s water resources, including proximity to waterbodies, wetlands, or groundwater aquifers, or presence within a coastal zone; agricultural resources, including active or recent agricultural activity and presence of agricultural soils; wildlife habitat resources, including the presence of significant habitat types and the presence of rare or endangered species; geologic or scenic resources; and public recreational resources;
2.Whether the transfer, sale, lease, or change in use of such Property would have a significant impact on the Property’s open space or natural resource values and be contrary to the public’s interest in the preservation of open space and natural resource values and use, enhancement of environmental quality and functionality, defining and enhancing the sense of place, providing recreational opportunities, and contributing to the quality of life in accordance with R.I. Gen. Laws Chapter 42-17.9;
3.If the proposed Action has a significant impact upon the state's interest in open space values, whether such action serves a necessary public interest and is the minimum needed to achieve the purposes of such Action;
4.Considerations – The Department shall consider the following goals during its review of the Application:
a.To protect and support the public's interests in open space values as a means of preserving the use and the enjoyment of the natural resources of the State, of enhancing environmental quality and functionality, of defining and enhancing the sense of place, of providing recreational opportunities, and of contributing to the quality of life.
b.To recognize, respect, and protect the interests and investments of non-profit organizations, foundations, federal, state, and municipal government, land-owners, funding sources, and the original grantors and donors in properties acquired and/or managed for open space values.
c.To assure that the conveyance of interests in state properties with open space values is to the maximum extent reasonably feasible not inconsistent with the State guide plan and elements thereof, and with local comprehensive plans and elements thereof that have been approved as consistent with the State guide plan.
d.To provide a comprehensive evaluation of open space values prior to the conveyance of state interests in property or formal amendments to or changes in allowed use, with the objectives of preserving and protecting the public's interest in open space.
e.To avoid reducing or abrogating levels of protection accorded to State-owned property acquired and managed for open space, conservation, and/or natural resource values.
f.To provide a model for public open space protection.
D.Final Approval - Prior to final Committee approval of any proposed Action which would adversely affect open space values on Property that was acquired and/or dedicated to and managed for open space purposes, upon request by the Committee, the Department shall analyze the satisfaction of the requirement that a new and not yet conserved parcel of reasonably equal open space value, fair market value, and acreage shall be acquired by the state for conservation purposes to ensure there is no net loss of open space values. This requirement shall not apply in instances of declared disasters or emergencies or in instances of imminent threat to public health or public safety. The Department must determine the following:
1.That the fair market value of the Property to be converted has been established and the property proposed for substitution is of at least equal fair market value as established by an approved appraisal (prepared in accordance with Uniform Standards of Professional Appraisal Practice) excluding the value of structures or facilities that will not serve an open space purpose.
2.That the property proposed for replacement contains reasonably equivalent open space values and acreage as that being converted. The replacement property need not provide identical open space values or be located at the same site, provided it confers reasonably equivalent open space values and acreage.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-12-02 to 01/04/2022*
- *Adoption — effective from 2010-12-02 to 12/02/2010*
##### **250-RICR-110-00-5 § 5.7** Periodic Review {#sec-250-ricr-110-00-5-5.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-5#5.7}
Said Rules shall be reviewed by the Department at least once every five (5) years and shall either be amended or affirmed by the Department as appropriate.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-12-02 to 01/04/2022*
- *Adoption — effective from 2010-12-02 to 12/02/2010*
#### **250-RICR-110-00-6** Rules and Regulations Governing the Recreational Trails Program
##### **250-RICR-110-00-6 § 6.1** Authority {#sec-250-ricr-110-00-6-6.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.1}
As authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (“SAFETEA-LU”) and the Transportation Equity Act for the 21st Century (“TEA-21”). Pursuant to a cooperative agreement between the Rhode Island Department of Environmental Management (“DEM”) and the Rhode Island Department of Transportation (“DOT”), as amended, that established DEM as the Agency to administer the program in accordance with R.I. Gen. Laws §§ 42-17.1-1 and 42-35 et seq.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.2** Purpose {#sec-250-ricr-110-00-6-6.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.2}
The purpose of these rules is to establish the operating procedures of administering the Recreational Trails Program (“RTP”). The RTP is authorized through its enabling legislation to encourage the development and maintenance of recreational trails through the distribution of grants to eligible entities as established in § 6.8.1 of this Part, (250-RICR-110-00-6).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.3** Trails Advisory Committee {#sec-250-ricr-110-00-6-6.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.3}
A.There shall be established a Trails Advisory Committee, or “Committee” to advise and assist the DEM in matters related to trail based recreation in Rhode Island. Agencies, organizations, and individuals having a role or interest in the planning, development, use, and maintenance of trails and trail facilities are eligible for membership on the Committee.
B.The Committee shall consist of no less than 5 nor more than 25 members selected to represent constituent groups concerned with trail based outdoor recreation.
C.Committee members shall be appointed by the Director of the Rhode Island Department of Environmental Management (“Director”). Eligible organizations or individuals may register their interest in membership, in writing, with the Director; organizations may nominate individuals for appointment. The Director may appoint those nominated provided there are vacancies on the Committee.
D.Appointment terms shall not exceed five (5) years although members may succeed themselves and serve consecutive terms. The Director, at his/her discretion, may replace Committee members who have missed three (3) consecutive meetings, provided that the member is notified in writing.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.4** Officers {#sec-250-ricr-110-00-6-6.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.4}
There shall be officers of the Committee as follows: the Chairperson of the Committee shall be the Chief of the DEM Division of Planning and Development or his/her designee. The Chairperson may elect a designee to appear and vote at Committee meetings on his/her behalf. There shall be a Vice-Chairperson appointed by the Chair at the first regular meeting of each calendar year.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.5** Trail Advisory Committee Duties {#sec-250-ricr-110-00-6-6.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.5}
Duties of the Committee shall be to advise the DEM on the distribution and administration of recreational trail grants as well as other trail issues including supply and demand, trail safety, and trail user education and safety needs.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.6** Meetings {#sec-250-ricr-110-00-6-6.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.6}
A.All Committee meetings and records will be consistent with the Open Meetings Act (R.I. Gen. Laws § 42-46-1 et seq.) and the Access to Public Records Act (R.I. Gen. Laws § 38-1 et seq.).
B.The Committee shall establish a schedule for meetings at the beginning of each calendar year. The Committee shall meet at least once per year. The Chairperson may call special meetings or cancel regular meetings at any time by notifying members as soon as is reasonably possible and in accordance with the Open Meetings Act.
C.Appointed members shall be eligible to vote on issues related to the distribution of recreational trail grant funds. All votes held at meetings shall be decided by a majority vote of Committee members present. A quorum shall consist of no less than fifty one percent (51%) of Committee members.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.7** Allocation of Funds {#sec-250-ricr-110-00-6-6.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.7}
A.The Committee may, by majority vote, create project categories and allocate funding available in grants to these project categories. The Committee may adjust allocations between categories at any time, by majority vote, at a regularly scheduled meeting.
B.The Committee may establish the minimum and maximum amounts of funding to be awarded to an applicant or project within any funding period or for any project category.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.8** Recreational Trail Grants {#sec-250-ricr-110-00-6-6.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.8}
6.8.1Eligibility
Eligible applicants are state and municipal government agencies, organizations incorporated pursuant to R.I. Gen. Laws § 7-6-1, et seq., organizations meeting the definition of charitable trust as defined in R.I. Gen. Laws § 18-9-4, or organizations duly existing as a non-profit organization among whose purpose is the preservation and development of recreational trails. All non-profit organizations must have been granted at least preliminary status under 501 (C) (3) IRS Tax code.
6.8.2Eligible Projects
AProjects eligible for funding include land and water trails that are available to the general public without distinction as to membership, residency, or other status. Reasonable restrictions on the season, times, level, and types of use are permitted where necessary for trail maintenance and/or preservation. Proposed restrictions must be approved by the Committee and applied in a non-discriminatory manner.
B.Reasonable fees may be charged for the use of publicly available trails provided that all fees and fee systems conform to requirements of 49 C.F.R. § 18.25(a), (g)(3), and (h), as dictated in the Recreational Trails Program Guidance regarding the use of federally assisted public outdoor recreation facilities and areas. Proposed restrictions and fees must be described in the grant application.
C.All information or documentation specified or requested must be provided in the application package including, but not limited to:
1.Project location, description, and purpose;
2.Limitations to access or use;
3.Project costs and funding: including labor, material, and grantees contribution (match) toward project expenses;
4.Project assurances that the applicant can/will comply with RTP requirements;
5.Project endorsement by the property owner;
6.Map of the proposed project area.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.9** Application Procedure {#sec-250-ricr-110-00-6-6.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.9}
6.9.1Application Forms
The application form(s) shall be developed and approved by the Committee to qualify the applicant for funding consideration. The Committee may amend the application form(s) as necessary through majority vote.
6.9.2Filing Applications
A.Application forms shall be available for download on the DEM website as well as by request from DEM/Planning & Development.
B.Applications shall be filed with the Committee, c/o DEM/Planning & Development or as designated on the application form. The grant application shall be submitted within the time period specified within the application.
C.The Committee shall review applications for consistency with the Rules and Regulations governing the RTP. Incomplete applications will not be considered for funding.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.10** Application Review & Award {#sec-250-ricr-110-00-6-6.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.10}
6.10.1Grant Evaluation
The Committee will meet periodically to review applications. The applications shall be evaluated and prioritized for funding using criteria developed by the Committee for each project category. For this purpose, the Committee Chairperson may appoint a Grant Scoring Subcommittee (“Subcommittee”).
6.10.2Grant Ranking
Upon completion of application review and scoring the Committee shall determine recommendations for funding. The Committee may consider the relative amounts of money requested in the various applications in order to maximize the distribution of funding appropriated to the RTP.
6.10.3Grant Awards
Upon completion of grant evaluation and scoring, the Committee, by majority vote, shall approve a list of recommended grant awards and provide it to the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.11** Administrative Findings {#sec-250-ricr-110-00-6-6.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.11}
The current Rules and Regulations governing the RTP require updating in order to be consistent with current standards and requirements. Promulgation of these recodified Rules and Regulations will bring the RTP in line with changes in the enabling legislation on the federal level.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.12** Application {#sec-250-ricr-110-00-6-6.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.12}
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the DEM to effectuate the purposes of federal and state laws, goals, and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.13** Severability {#sec-250-ricr-110-00-6-6.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.13}
If any provision of these Rules and Regulations, or 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
##### **250-RICR-110-00-6 § 6.14** Superseded Rules and Regulations {#sec-250-ricr-110-00-6-6.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-6#6.14}
On the effective date of these Rules and Regulations, all previous Rules and Regulations and any policies regarding the administration of the RTP shall be superseded. However, any outstanding grants, or applications submitted to the DEM prior to the effective date of these Rules and Regulations shall be governed by the Rules and Regulations in effect at the time the grant or application was filed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-10-23 to 01/04/2022*
- *Amendment — effective from 2013-10-23 to 10/23/2013*
- *Periodic Refile — effective from 2002-02-12 to 10/23/2013*
#### **250-RICR-110-00-7** Rules and Regulations for the Agricultural and Recreational Acquisition and Development, Roger Williams Park, and Roger Williams Zoo Grant Programs
##### **250-RICR-110-00-7 § 7.1** Purpose {#sec-250-ricr-110-00-7-7.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-7#7.1}
The purpose of these Rules and Regulations is to establish the procedures by which the Department of Environmental Management will administer funding provided pursuant to 2014 R.I. Pub. Laws 145, Article 5, including but not limited to the 2014 Clean Water, Open Space and Healthy Communities and any similar funds that may be allocated by the General Assembly subsequent thereto.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2019-12-30 to 01/04/2022*
- *Technical Revision — effective from 2016-02-18 to 12/30/2019*
- *Technical Revision — effective from 2016-02-18 to 02/18/2016*
- *Adoption — effective from 2016-02-18 to 02/18/2016*
##### **250-RICR-110-00-7 § 7.2** Authority {#sec-250-ricr-110-00-7-7.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-7#7.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, in accordance with the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35 in order to disburse funds allocated pursuant to 2014 R.I. Pub. Laws 145, Article 5 and any similar funds that may be allocated by the General Assembly subsequent thereto.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2019-12-30 to 01/04/2022*
- *Technical Revision — effective from 2016-02-18 to 12/30/2019*
- *Technical Revision — effective from 2016-02-18 to 02/18/2016*
- *Adoption — effective from 2016-02-18 to 02/18/2016*
##### **250-RICR-110-00-7 § 7.3** Definitions {#sec-250-ricr-110-00-7-7.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-7#7.3}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1.“Appraisal" means a report by a Certified Rhode Island Appraiser that estimates the fair market value of property.
2.“Applicant” means an entity that may be eligible pursuant to these regulations to submit an application for the issuance of a funding grant.
3.“DEM - Division of Planning and Development" means a division of the Rhode Island Department of Environmental Management that is authorized to administer the Open Space and Recreation Bond Authorizations.
4.“Department" or “Department of Environmental Management” means the Rhode Island Department of Environmental Management which is a department of the state government as described in R.I. Gen. Laws Chapter 42-17.1.
5."Director" means the Director of the Rhode Island Department of Environmental Management as described in R.I. Gen. Laws § 42-17.1-1.
6.“Grantee" means an Applicant which has been issued a grant in response to the submittal of an application.
7.“In-kind services” means noncash contributions provided by the grantee, other public agencies and/or private organizations or individuals.
8.“Management plan” means a plan that specifically outlines the proposed uses and scheduled management and maintenance activities to be instituted on a parcel of land acquired or developed with recreational bond funds.
9."Matching funds" means the funds provided to a project from sources other than the grant. Matching funds may include both cash and non-cash (such as in-kind services) contributions.
10.“Municipal agency” means one or more units of municipal government whose purpose includes the preservation of open space, acquisition of recreation land or development of recreation land; said unit(s) having the operational capability and legal authority to effectuate this purpose.
11."Native American tribes" means Indian tribes, bands, nations or other organized group which exercises governmental functions and which is recognized by the Secretary of the Interior as such.
12."Recreation acquisition" means the purchase of fee simple title to land that will be developed for outdoor recreation purposes in accordance with a master plan.
13.“Recreation development” means construction of basic outdoor recreation and support facilities for the improvement and restoration of recreation areas to serve the general public.
14.“Recreation Resources Review Committee" or “RRRC” means an administrative body established for the purpose of evaluating and determining the relative priority of recreation grant projects and submitting funding recommendations to the Director.
15."SCORP" means the State Comprehensive Outdoor Recreation Plan adopted as an Element of the State Guide Plan by the State Planning Council as defined by R.I. Gen. Laws § 42-11-10.
16.“State guide plan” means goals, policies and plans or plan elements for the physical, economic and social development of the state, adopted by the state planning council in accordance with R.I. Gen. Laws § 42-11-10.
B.As used in these Rules and Regulations, all terms not defined herein shall have the meaning given them in R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2019-12-30 to 01/04/2022*
- *Technical Revision — effective from 2016-02-18 to 12/30/2019*
- *Technical Revision — effective from 2016-02-18 to 02/18/2016*
- *Adoption — effective from 2016-02-18 to 02/18/2016*
##### **250-RICR-110-00-7 § 7.4** Allocation of Funding {#sec-250-ricr-110-00-7-7.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-7#7.4}
A.Applicants may be granted funding pursuant to these Rules and Regulations for the following classes of projects:
1.State Projects: Eligible projects may be granted monetary assistance for purchase of farmland development rights and acquisition programs concerning the following:
a.Agricultural Acquisition - The Department may purchase farmland outright pursuant to the Farmland Access Program Rules and Regulations, 250-RICR-110-00-8. The Agricultural Land Preservation Commission, established pursuant to R.I. Gen. Laws § 42-82-1, et. seq. may purchase the development rights to farmland pursuant to the Rules and Regulations of the Agricultural Lands Preservation Commission, 505-RICR-00-00-1.
b.State Land Acquisition - The Department may acquire land consistent with the State Guide Plan and the Department’s “Land Protection Plan”. The Department’s Land Acquisition Committee and the State Properties Committee shall approve projects funded under this Part.
2.Local Projects - Eligible projects may be granted monetary assistance in order to provide grants to municipalities on a matching basis as set forth as follows:
a.Recreation Development Grants - Eligible entities may apply for funding for recreation development projects for up to eighty percent (80%) of the project cost up to the maximum grant award amount set by the RRRC. In exchange for the grant, the municipality ensures that the subject property is maintained in public use in perpetuity.
b.Recreation Land Acquisition Grants – Eligible entities may apply for funding for the acquisition of recreation property for up to fifty percent (50%) of the value of the land as determined by a certified appraisal. In exchange for the grant, the municipality will provide a recreation easement on the subject property ensuring public use in perpetuity.
3.Roger Williams Park – During the period FY 2016 through FY 2020, funding in the amount of up to three million dollars ($3,000,000.00) shall be allocated for improvements and renovations at Roger Williams Park in Providence in a project or projects proposed by the City of Providence for the approval of the Director.
4.Roger Williams Park Zoo - During the period FY 2016 through FY 2020, funding in the amount of up to fifteen million dollars ($15,000,000.00) shall be allocated for improvements and renovations at Roger Williams Park Zoo in Providence in a project or projects proposed by the City of Providence in cooperation with the Roger Williams Park Zoological Society for the approval of the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2019-12-30 to 01/04/2022*
- *Technical Revision — effective from 2016-02-18 to 12/30/2019*
- *Technical Revision — effective from 2016-02-18 to 02/18/2016*
- *Adoption — effective from 2016-02-18 to 02/18/2016*
##### **250-RICR-110-00-7 § 7.5** Reallocation {#sec-250-ricr-110-00-7-7.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-7#7.5}
All funds allocated under § 7.6 of this Part must be obligated forty-eight (48) months after the passage of the bond referendum. All funds authorized but not obligated forty-eight (48) months after the passage of the bond referendum shall revert to the control of the Director for reallocation in accordance with any section of the Bond Authorization.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2019-12-30 to 01/04/2022*
- *Technical Revision — effective from 2016-02-18 to 12/30/2019*
- *Technical Revision — effective from 2016-02-18 to 02/18/2016*
- *Adoption — effective from 2016-02-18 to 02/18/2016*
##### **250-RICR-110-00-7 § 7.6** Application Process for Local Projects {#sec-250-ricr-110-00-7-7.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-7#7.6}
A.Eligibility - Municipal agencies, as defined in § 7.5(A)(9) of this Part, and Native American Tribes, as defined in § 7.5(A)(10) of this Part, may apply for Recreation Acquisition and Recreation Development funds.
B.Scheduling of Selection Rounds - the Director shall schedule the number, frequency and duration of local grant funding after consultation with the RRRC. The Director shall announce grant rounds. The RRRC may set the maximum award amount for a single grant. The Director shall set a filing deadline for receipt of applications for local projects for each selection round. Applications received after the filing deadline will not be considered for funding during that round. All filing deadlines and information will be posted on the DEM website. Applications may be resubmitted during a subsequent selection round.
C.Notice of Funding Opportunity - The Director shall post a notice on the Department website notifying potential applicants that the Department is accepting applications at least thirty (30) days prior to the deadline for the submittal of such applications. The posted notice shall provide notice of maximum amount award for a single grant that the RRRC has set for that particular grant period and shall provide a link to the application on the DEM website. Applications shall also be available on request from the Rhode Island Department of Environmental Management, Division of Planning and Development, 235 Promenade Street, Providence, Rhode Island 02908-5767.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2019-12-30 to 01/04/2022*
- *Technical Revision — effective from 2016-02-18 to 12/30/2019*
- *Technical Revision — effective from 2016-02-18 to 02/18/2016*
- *Adoption — effective from 2016-02-18 to 02/18/2016*
##### **250-RICR-110-00-7 § 7.7** Evaluation and Award of Local Project Applications {#sec-250-ricr-110-00-7-7.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-7#7.7}
A.Review - The RRRC will review each application for recreation acquisition and development grants according to the Priority Rating System set forth in the Recreation Grant Selection Process outlined in the SCORP and shall submit to the Director in order of priority its recommendations for grant awards.
B.Awards - The Director shall review the grant award recommendations prepared by the RRRC. The Director shall have the authority to adjust such grant awards, including consideration as to whether one community may be receiving a disproportionate amount of the funds available and so that a reasonable geographic distribution of funds is achieved.
C.Notice - Notice of the final determination regarding each timely application received shall be made by email to the contact person identified on the application form.
D.Grant Agreement - The DEM and each Grantee will enter into a Grant Agreement that shall set forth all grant terms, schedules and conditions.
E.Project Period - The beginning date of a project period shall be articulated in the Grant Agreement. A term of up to three (3) years shall be considered the project period for all recreational land acquisition and recreation development projects. The Director may extend the grant term of any grant for an additional two (2) years after review and recommendation by the program staff in the Division of Planning and Development.
F.Discrimination - Any property acquired and or developed with funds from this bond authorization shall not discriminate against persons desiring to use said property on the basis of residence, including preferential reservation membership or annual permit system which are prohibited. With approval of the Department, project sponsors may impose reasonable limits on the type and extent of use of areas and facilities acquired or developed with this fund when such a limitation is necessary for the maintenance or preservation of the property.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2019-12-30 to 01/04/2022*
- *Technical Revision — effective from 2016-02-18 to 12/30/2019*
- *Technical Revision — effective from 2016-02-18 to 02/18/2016*
- *Adoption — effective from 2016-02-18 to 02/18/2016*
##### **250-RICR-110-00-7 § 7.8** Eligible Project Costs and Match {#sec-250-ricr-110-00-7-7.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-7#7.8}
A.Recreation Acquisition Projects - Eligible costs for recreation acquisition projects include fifty percent (50%) of the approved appraised value of the land. Certification that all other necessary funds are available must be submitted prior to the release of grant funds. Applicants may use the value of donated property interests in land to be acquired or preserved as the local match, provided the value shown as a donation is sustained by an approved Certified Appraisal and the donation is part of the same project and the land is not currently owned by a Municipal Agency.
B.Recreation Development Projects - Eligible costs for development projects may be up to eighty percent (80%) and include design, construction, site planning, demolition, landscaping and site improvements essential to the project. Certification that all other necessary funds are available must be submitted prior to the release of grant funds. Matching funds including in-kind services are not limited but adequate documentation of all in-kind match must be provided.
C.An applicant may request that match incurred after the announcement of a grant round, but prior to receipt of a grant award purchase order, be applied retroactively. Project costs incurred prior to the receipt of a purchase order are at the applicant’s risk; grant funds shall not be available retroactively. The Director may authorize a request to apply match retroactively if such request is submitted by the applicant in writing prior to contracting for services or taking title to the property. The granting such a request does not constitute assurance that the project will be approved.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2019-12-30 to 01/04/2022*
- *Technical Revision — effective from 2016-02-18 to 12/30/2019*
- *Technical Revision — effective from 2016-02-18 to 02/18/2016*
- *Adoption — effective from 2016-02-18 to 02/18/2016*
##### **250-RICR-110-00-7 § 7.9** Restrictive Covenants and Conversion {#sec-250-ricr-110-00-7-7.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-7#7.9}
A.Recreation Acquisition Projects - Property acquired with grant funds shall be maintained and managed in the condition and for the purpose specified in its approved grant application in perpetuity. Each Grantee shall execute a perpetual recreation easement, or similar document, running in favor of the State of Rhode Island over the acquired property. Such easement shall provide that if the recipient at any time fails in its obligation to properly maintain the acquired property in accordance with the purposes and functions for which it was acquired and in conformance with an approved Management Plan, the State of Rhode Island may enforce the grant conditions in equity or, at its discretion, may assume title, custody and control to protect its interest.
B.Recreation Development Projects - Property improved with grant funds shall be maintained and managed in the condition and for the purpose, or a substantially similar purpose, to that specified in its approved grant application in perpetuity. Each Grantee shall execute and record in the land evidence records a "Notice of Grant Agreement", that provides that if the recipient at any time fails in its obligation to properly maintain the acquired property in accordance with an approved Management Plan, the State of Rhode Island may enforce the grant conditions in equity or, at its discretion, may assume title, custody and control to protect its interest.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2019-12-30 to 01/04/2022*
- *Technical Revision — effective from 2016-02-18 to 12/30/2019*
- *Technical Revision — effective from 2016-02-18 to 02/18/2016*
- *Adoption — effective from 2016-02-18 to 02/18/2016*
##### **250-RICR-110-00-7 § 7.10** Recreation Grant Priority Rating System {#sec-250-ricr-110-00-7-7.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-7#7.10}
A.Recreation Acquisition Projects
Criteria Name
Criteria Description
Maximum Points
Points Awarded
1
Relationship to Need
Points will be awarded based on the need and/or demand for parks or other recreational land in the area.
10
2
Acres to be Acquired
One point per acre acquired, up to a maximum of 20
20
3
State Planning Consistency
The project satisfies priority needs documented in the State Comprehensive Outdoor Recreation Plan (SCORP) and any other State Guide Plan elements identified as applicable by the RRRC. Points will be awarded based on the number and/or importance of recommended actions supported by the proposal.
10
4
Relationship to Community Planning
The project advances elements of a larger community planning process.
5
5
Applicant Priority
The applicant’s highest priority application will receive 5 points, 2nd highest will receive 3 points, and 3rd highest will receive 1 point. All other applications will receive 0 points.
5
6
Historic & Cultural Preservation
Acquisition of the site will preserve significant historical, cultural, or scenic resources.
10
7
Habitat Preservation
Acquisition of the site will preserve areas of wildlife habitat.
10
8
Brownfield Redevelopment
Acquisition of the site will provide for the redevelopment of a brownfield as defined by DEM Remediation Regulations.
5
9
Connectivity
Acquisition of the site will provide for a connection between two existing recreational resources or from a population center to a recreational resource.
5
10
Equity, Service, and Accessibility
The project will expand the recreational opportunities available to disadvantaged segments of the population.
The project is located within or provides enhanced service to neighborhoods in which low income and/or minority residents are over-represented
The project is located in a densely populated neighborhood or a neighborhood identified for revitalization by State or community programs.
The project is served by public transportation (within ¼ mile of a bus stop) or is proximate to a bikeway.
15 total possible points
A. 5
B. 5
C. 5
11
Climate Change Resiliency
Acquisition of the site will enhance an area’s resiliency to climate change through elements such as a coastal buffer, flood storage, future marsh migration, etc.
5
TOTAL POINTS
100
B.Recreation Development Projects
Criteria Name
Criteria Description
Maximum Points
Points Awarded
1
Relationship to Need
Points will be awarded based on the need and/or demand for the proposed recreational activity in the area.
10
2
State Planning Consistency
The project satisfies priority needs documented in the State Comprehensive Outdoor Recreation Plan (SCORP) and any other State Guide Plan elements identified as applicable by the RRRC. Points will be awarded based on the number and/or importance of recommended actions supported by the proposal.
10
3
Relationship to Community Planning
The project advances elements of a larger community planning process.
5
4
Applicant Priority
The applicant’s highest priority application will receive 5 points, 2nd highest will receive 3 points, and 3rd highest will receive 1 point. All other applications will receive 0 points.
5
5
Multi-community or Regional Needs
The project demonstrates how it will address multi-community or regional needs.
3
6
Economic Revitalization
The project will improve the economy of an area. Examples include projects that spur local business activity, tourism, job creation, town center redevelopment, etc.
5
7
Historic & Cultural Preservation
Projects that protect and restore historic and cultural resources, educate the public about the importance of these resources via interpretive signage, etc.
5
8
Habitat Creation & Restoration
Projects that create and/or substantially restore areas of wildlife habitat.
5
9
Brownfield Redevelopment
The project involves the redevelopment of a brownfield as defined by DEM Remediation Regulations.
3
10
Connectivity
The project creates a connection between two existing recreational resources or from a population center to a recreational resource.
3
11
Equity, Service, and Accessibility
The project will expand the recreational opportunities available to disadvantaged segments of the population.
The project is located within or provides enhanced service to neighborhoods in which low income and/or minority residents are over-represented.
The project is located in a densely populated neighborhood or a neighborhood identified for revitalization by State or community programs.
The project is served by public transportation (within ¼ mile of a bus stop) or is proximate to a bikeway.
15 total possible points
A. 5
B. 5
C. 5
12
Maintenance
The applicant has documented that the facility proposed for renovation has been maintained consistent with industry standards.
0 to -5
13
Expanded Usage
The project adds to the number of recreational amenities or hours of usage (e.g. additional fields are added to a facility or lights are added so it can be used at night).
7
14
Multiple Uses
The project appropriately integrates a variety of recreational opportunities providing activities for a mix of age groups and degrees of physical abilities.
5
15
Improved User Comfort or Safety
The project provides for the addition of bathrooms , fencing to separate recreational activities, benches, shade trees, shelters over picnic tables, etc.
5
16
Opportunities for physically or mentally challenged individuals
The project provides activity or amenity features that expand the recreational opportunities for physically or mentally challenged individuals (such features to be in excess of normally mandated barrier-free accessibility standards).
5
17
Green Building and Site Design
The project incorporates green building design/LEED/SITES features (water or energy conservation, recycled materials, renewable energy, etc.)
3
18
Climate Change and Resiliency
The project incorporates innovative ways to account for impacts associated with climate chance such as site/landscape construction to provide adaptations for sea level rise, shade, storm buffers, stormwater infiltration, etc.
3
19
Exceptional Features
The project has special features not noted elsewhere in the application. For example, promotes arts, supports healthy aging, special programming, includes acquisition of land, etc.
3
TOTAL POINTS
100
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2019-12-30 to 01/04/2022*
- *Technical Revision — effective from 2016-02-18 to 12/30/2019*
- *Technical Revision — effective from 2016-02-18 to 02/18/2016*
- *Adoption — effective from 2016-02-18 to 02/18/2016*
#### **250-RICR-110-00-8** Farmland Access Program Rules and Regulations
##### **250-RICR-110-00-8 § 8.1** Purpose {#sec-250-ricr-110-00-8-8.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.1}
The purpose of these State Farmland Access Program Rules and Regulations is to establish the procedure by which the Department of Environmental Management will purchase available farm properties from willing sellers and permanently protect said properties to facilitate their affordable transfer to eligible farmers with the funds from these transfers being returned to the program account for re-use to acquire additional farm properties. No eminent domain will be employed by the Department in the execution of this program.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.2** Authority {#sec-250-ricr-110-00-8-8.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.2}
These rules and regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-35, in order to expend funds allocated pursuant to 2014 R.I. Pub. Laws 145, Article 5, including but not limited to the 2014 “Clean Water, Open Space and Healthy Communities,” which authorizes the Department of Environmental Management to administer “Farmland Acquisition for Active Use."
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.3** Applicability {#sec-250-ricr-110-00-8-8.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.3}
The terms and provisions of these rules and regulations shall be liberally construed to permit the Department to effectuate the purposes of state law and policies, including the purpose set forth in § 8.1 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.4** Severability {#sec-250-ricr-110-00-8-8.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.4}
If any provision of these rules and regulations, or 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.5** Definitions {#sec-250-ricr-110-00-8-8.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.5}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1.“Affordable transfer” means a sale or lease of a farm property that would be possible by a reasonable number of small and beginning farmers operating a profitable agricultural business in Rhode Island and seeking to purchase or lease said farm property.
2.“Agricultural value” means the fair market value of a farm property permanently protected with an agricultural deed restriction plus the fair market value of any residential dwellings or any permitted dwelling unit area on the property as determined by an appraisal conducted by a certified appraiser.
3.“Beginning farmer” means a farmer who has operated or managed any farm property for 10 years or less.
4.“Committee” means the State Farmland Access Advisory Committee, as outlined in § 8.9(C) of this Part.
5.“Department” or “DEM” means the Rhode Island Department of Environmental Management.
6.“Director” means the Director of the Rhode Island Department of Environmental Management.
7.“Farm property” means a property, together with any associated improvements, that is suitable for the production of agricultural products.
8.“Land acquisition committee” means an internal committee of the Rhode Island Department of Environmental Management comprised of the Associate Director of Natural Resources and division chiefs with natural resource responsibilities.
9.“Profitable agricultural business” means a self-sustaining business that is based on the production and sale of one or more agricultural products.
10.“Small farmer” means a farmer with annual gross farm revenues (gross cash farm incomes) not exceeding $350,000 in either of the two previous years.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.6** Eligible Projects {#sec-250-ricr-110-00-8-8.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.6}
A.Farm properties for purchase will be reviewed and approved by the Land Acquisition Committee, and shall meet all of the following criteria:
1.A farm property being sold voluntarily by the owner;
2.A farm property capable of supporting a profitable agricultural business based on its size, soil quality, agricultural infrastructure, and farm history; and,
3.A farm property that due to its location, site characteristics, or other market factors, would lend itself to an affordable transfer when permanently protected with an agricultural deed restriction.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.7** Subdividing Farm Properties into Smaller Farm Parcels {#sec-250-ricr-110-00-8-8.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.7}
The Department may, at its discretion, subdivide purchased farm properties prior to resale provided each subdivided parcel remains capable of supporting a profitable agricultural business on its own. No single farm property shall be subdivided into more than three individual farm parcels, and any subdivision under this rule shall comply with all applicable local zoning and subdivision regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.8** Soliciting Farmer-Buyers {#sec-250-ricr-110-00-8-8.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.8}
A.Subsequent to the Department entering into a Purchase & Sale Contract for the purchase of a farm property, the Department may solicit applications from prospective farmer-buyers for the purchase of the protected farm property. Solicitations shall include detailed information about the available farm property, including maps, soil data, and, if there are no existing dwellings, whether a dwelling unit area is permitted, and any limits on its size. Solicitations shall be published widely to farmer advocacy groups and farmer-based organizations, and shall be posted on the DEM website. Farmers shall have no less than 90 days from the solicitation date to submit applications.
B.To be eligible to apply, an applicant must demonstrate that, for at least two years, they have operated or managed a farm business that has generated at least $5,000 annual gross farm revenues.
C.The Department may maintain a list of interested persons who by affidavit demonstrate their eligibility to apply to purchase farm properties through this program.
D.Applicants must submit as part of their application the following, all of which will be kept confidential:
1.Evidence of a minimum of two (2) years’ experience operating or managing a farm, including production records and two references;
2.A Farm Plan which shall include production plans, equipment and infrastructure needs and upkeep plan, details about anticipated market outlets, location of any proposed dwelling unit area, if permitted, and estimated cost for first year’s operation along with a 3-year projected earnings;
3.Two (2) previous years' income tax returns;
4.A current credit report;
5.A current cash flow statement, current balance sheet, and list of assets.
6.Other follow-up information as may be requested by the Department.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.9** State Farmland Access Advisory Committee: Evaluation Procedure and Scoring Criteria {#sec-250-ricr-110-00-8-8.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.9}
A.The Director shall establish a State Farmland Access Advisory Committee, a public body of not less than five (5) nor more than nine (9) members to recommend farmer-buyers from the solicited pool of applicants for each purchased farm property. The Committee shall have a period of sixty (60) days following the solicitation deadline to meet and score the applications.
B.Committee members shall be appointed by the Director to achieve a reasonable representation of entities concerned with diverse types of Agriculture in Rhode Island. The Committee shall include no less than two farmers-at-large who are residents of the State of Rhode Island, the chief of the Division of Planning and Development or his or her designee (non-voting member), and the chief of the Division of Agriculture or his or her designee (non-voting member). In addition, the Director shall give consideration to appointments from the RI Agricultural Council, the RI Farm Bureau, the RI Conservation Districts, an organization that advocates for the interests of beginning farmers, a member at-large from the food and agricultural advocacy community. Organizations or individuals may at any time register their interest in membership, in writing, with the Director; organizations may nominate individuals for appointment. The Director may appoint those nominated provided there are vacancies on the Committee. No member shall at any time during his/her membership be an applicant.
C.Appointment terms shall not exceed five (5) years although members may succeed themselves and serve consecutive terms, not to exceed two (2) terms. The Director, at his/her discretion, may replace Committee members due to unexcused absences or for cause, provided the organization that the member represents is notified in writing.
D.The Chairperson shall be a representative of the DEM designated by the Director of DEM. The Chairperson may select a designee to appear at Committee meetings on his or her behalf. There shall be a Vice-Chairperson appointed by the Chair at the first regular meeting of each calendar year.
E.At its first meeting the Committee shall develop a scoring system, using the criteria below, to evaluate and recommend prospective farmer-buyers. Price will be set as outlined in § 8.11(A) of this Part and will not be a factor in scoring.
F.The Committee shall score each farmer-buyer applicant using the scoring system developed. Based on the resulting scores, the Committee will select and recommend to the Director a farmer-buyer applicant (subject to confirmation of necessary financing) or, if the Committee determines that there is not a suitable applicant, may recommend that DEM lease the farmland in accordance with § 8.14 of this Part. The Director shall accept the Committee’s recommendation unless there is a reasonable justification. If the Director does not accept the Committee’s recommendation, then notice will be provided in writing to the Committee stating the Director’s reason(s) for rejecting the recommendation.
G.Scoring Criteria to be established by the Committee shall include:
1.Agricultural Experience. The Committee shall consider the duration and quality of the agricultural experience with a type of agriculture similar to the type proposed in the applicant’s Farm Plan. Priority shall be given to small and/or beginning farmers who are farming full-time or working towards becoming a full-time farmer in Rhode Island and to such farmers who have direct experience with the subject farm property.
2.Farm Business Experience. The Committee shall consider the duration and quality of the experience managing a farm business, including the ability to bring products to market and sustain positive cash flow. Priority shall be given to small and/or beginning farmers that have demonstrated their ability to run a successful farm business.
3.Farm Plan. The Committee shall consider the suitability of the applicant’s plan for the purchased farm property, including land use and business operations. In determining plan suitability, the Committee shall consider the soil type, topography, infrastructure, and size of the farm property in relation to the proposed agricultural operation. The Committee shall also consider the viability of the proposed farm business on the subject farm property using the following criteria: market potential for the proposed product to be raised on the farm property, identified/secured market outlets, and projected earnings.
4.Ability to Finance Farm Purchase and Farm Business. The Committee shall consider the applicant’s financial readiness to purchase the property and start and sustain a farm business, including evidence of loan pre-qualification and/or availability of start-up capital. DEM will not provide financing.
5.Demonstrated need for farmland. Priority shall be given to in-state farmers who do not currently own sufficient land to sustain a profitable farming operation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.10** Transfer of Purchased Farm Property to ALPC {#sec-250-ricr-110-00-8-8.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.10}
A.All farm properties purchased by the Department that are selected for resale to a farmer under this program shall be conveyed or donated to the Rhode Island Agricultural Lands Preservation Commission (ALPC).
B.ALPC shall sell any farm property conveyed to it by the Department under this program to the selected farmer-buyer.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.11** Resale of Purchased Farm Property to the Farmer-Buyer {#sec-250-ricr-110-00-8-8.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.11}
A.The resale value of farm properties purchased under these rules will be set at no less than 10% below and no more than 10% above the current Agricultural Value of the farmland, as determined by an independent appraisal to be contracted by DEM.
B.Proceeds of the sale of any farm property sold under these rules shall be deposited into the original bond account that was used to purchase the farm property, consistent with R.I. Gen. Laws § 42-82-5.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.12** Restrictions on Purchased Farm Properties {#sec-250-ricr-110-00-8-8.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.12}
A.All farm properties purchased by the Department that are selected for resale to a farmer under this program shall be conveyed or donated to the Rhode Island Agricultural Lands Preservation Commission (ALPC).
B.Any farm property that the ALPC sells to a selected farmer-buyer shall be sold subject to Agricultural Deed Restrictions that includes, at a minimum:
1.The prohibition against building houses and associated non-agricultural improvements outside the identified dwelling unit area;
2.The prohibition against removing soil or other mineral resources;
3.The prohibition against using the Farm Property other than for agricultural purposes outside the identified dwelling unit area.
4.An “affirmative covenant” requiring the protected Farm Property to be kept in active agricultural use; and,
5.An Option to Purchase at Agricultural Value running to the Department, where agricultural value has the meaning set forth in § 8.5(B) of this Part above, which shall provide the Department with the opportunity to purchase a Farm Property at Agricultural Value at the time a bona fide offer is made on a Farm Property originally sold through this program.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.13** Dwellings {#sec-250-ricr-110-00-8-8.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.13}
A.Any improvements to existing dwelling units shall not result in a heated living space exceeding 2,000 square feet.
B.If there are no existing dwellings on a Farm Property, DEM may designate the farm property as eligible for a maximum of one dwelling unit. The initial farmer-buyer or any subsequent owner may identify the location of a dwelling unit area for the purpose of building a single family house that is limited in size to no greater than 2,000 square feet of heated living space. The proposed dwelling unit area shall be subject to the review and approval of either the DEM if the dwelling unit area is identified by the initial farmer-buyer before the closing or by the ALPC if the dwelling unit area is identified after the initial closing.
C.Any dwelling unit shall remain within the restricted area and shall not be subdivided. The parcel as a whole, including the dwelling unit, shall be subject to an Option to Purchase at the Agricultural Value as set forth in § 8.12(B)(5) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
##### **250-RICR-110-00-8 § 8.14** Option to Lease {#sec-250-ricr-110-00-8-8.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-110-00-8#8.14}
If no farmer-buyer is selected by the Committee, DEM shall retain ownership of the farm property, and then may, at its discretion, offer said farm property for lease to eligible entities via a solicitation process as outlined in R.I. Gen. Laws § 37-7-5. The Department may solicit applications from prospective farmer-buyers for the purchase of the leased farm property at a later time.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-10-24 to 01/04/2022*
- *Adoption — effective from 2017-10-24 to 10/24/2017*
## **Chapter 120** Air Resources
### **Subchapter 05** Air Pollution Control
#### **250-RICR-120-05-0** General Definitions Regulation
##### **250-RICR-120-05-0 § 0.1** Purpose and Authority {#sec-250-ricr-120-05-0-0.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-0#0.1}
0.1.1Purpose
The purpose of this regulation is to provide a consistent set of definitions and abbreviations for terms used in Subchapter 05 of this Chapter.
0.1.2Authority
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-01-16 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/16/2020*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2010-09-29 to 01/09/2017*
- *Amendment — effective from 2008-10-09 to 09/29/2010*
- *Adoption — effective from 2007-07-19 to 10/09/2008*
##### **250-RICR-120-05-0 § 0.** 2 Application {#sec-250-ricr-120-05-0-0. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-0#0.}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-01-16 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/16/2020*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2010-09-29 to 01/09/2017*
- *Amendment — effective from 2008-10-09 to 09/29/2010*
- *Adoption — effective from 2007-07-19 to 10/09/2008*
##### **250-RICR-120-05-0 § 0.** 3 Severability {#sec-250-ricr-120-05-0-0. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-0#0.}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-01-16 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/16/2020*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2010-09-29 to 01/09/2017*
- *Amendment — effective from 2008-10-09 to 09/29/2010*
- *Adoption — effective from 2007-07-19 to 10/09/2008*
##### **250-RICR-120-05-0 § 0.** 4 Definitions {#sec-250-ricr-120-05-0-0. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-0#0.}
A.Unless otherwise expressly defined by an individual Part of this Subchapter, the terms, definitions and unit of measure abbreviations contained herein shall be generally applicable to all Parts of this Subchapter adopted or amended at the same time as or after the adoption of these definitions.
1."Act" or "Clean Air Act" or “CAA” means the Federal Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2."Actual heat input" means the gross heat release potential based upon the actual BTU content of the fossil fuel being burned and the rate at which it is burned.
3."Administrator" means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative.
4.“Aerodynamic downwash” means the rapid descent of a plume to ground level with little dilution and dispersion due to alteration of background air flow characteristics caused by the presence of buildings or other obstacles in the vicinity of the emission point.
5."Air contaminant" means soot, cinders, ashes, any dust, fumes, gas, mist, smoke, vapor, odor, toxic or radioactive material, particulate matter, or any combination of these.
6."Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities which, either alone or in connection with other emissions, by reason of their concentration and duration, may be injurious to human, plant or animal life, or cause damage to property or which unreasonably interferes with the enjoyment of life and property.
7."Air pollution control system" means a system, device or equipment designed and installed primarily for the purpose of reducing or eliminating the emission of air contaminants to the atmosphere.
8."Best available control technology" or "BACT" means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each air pollutant which would be emitted from any proposed stationary source or modification which the Director, on a case-by-case basis, taking into account energy, environmental and economic impacts and other costs, determines is achievable for such stationary source or modification through application of production processes or available methods, systems and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable state or federal air pollution control rule or regulation. If the Director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of air emissions standards infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirement of best available control technology. Such standard shall to the degree possible set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.
9.“Biodiesel” means a fuel for diesel engines derived from natural oils, such as soybean oils, and which meets the American Society for Testing and Materials specifications of ASTM D 6751 and is registered with the US EPA as a fuel and a fuel additive under 42 U.S.C. §§ 7545 (CAA § 211(b)).
10.“C.F.R.” means the Code of Federal Regulations.
11."Cold cleaning" means an organic solvent cleaning process which cleans and removes contaminants or water from surfaces by spraying, brushing, flushing, immersing, or drying parts. Cleaning machines that use heated, non-boiling solvent to clean the parts are classified as cold cleaning machines. Cold cleaning does not include wipe cleaning.
12."Department" means the Rhode Island Department of Environmental Management.
13."Director" means the Director of the Rhode Island Department of Environmental Management or any subordinate or subordinates to whom he or she has delegated the powers and duties vested in him or her by R.I. Gen. Laws § 23-23-5.
14."Distillate oil" means fuel oil that complies with the specifications for fuel oil numbers 1 or 2, as defined by the American Society for Testing and Materials in ASTM D396-78, "Standard Specification for Fuel Oils".
15.“Division” means the Rhode Island Department of Environmental Management’s Office of Air Resources or its predecessor agencies, the Division of Air Resources and the Division of Air and Hazardous Materials.
16."Emissions unit" means any part of a stationary source which emits or would have the potential to emit any air pollutant (including fugitive emissions). This term is not meant to alter or affect the definition of the term "unit" for purposes of 42 U.S.C. §§ 7651-7651o (CAA §§ 401-416).
17."Enforceable document" means a major or minor source permit issued pursuant to the requirements of Part 9 of this Subchapter (Air Pollution Control Permits), an operating permit or emissions cap issued pursuant to the requirements of Part 29 of this Subchapter (Operating Permits), an air toxics operating permit issued pursuant to the requirements of Part 22 of this Subchapter (Air Toxics), a consent agreement or an approval issued pursuant to the requirements of Part 15 of this Subchapter (Control of Organic Solvent Emissions), Part 19 of this Subchapter (Control of Volatile Organic Compounds from Surface Coating Operations), Part 21 of this Subchapter (Control of Volatile Organic Compound Emissions from Printing Operations), Part 26 of this Subchapter (Control of Organic Solvent Emissions from Manufacturers of Synthesized Pharmaceutical Products), Part 27 of this Subchapter (Control of Nitrogen Oxide Emissions), Part 30 of this Subchapter (Control of Volatile Organic Compounds from Automobile Refinishing Operations), Part 35 of this Subchapter (Control of Volatile Organic Compounds and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations), or Part 51 of this Subchapter (Control of VOC Emissions from Fiberglass Boat Manufacturing).
18."EPA" means the United States Environmental Protection Agency.
19."Facility" or "stationary source" means all air pollutant-emitting activities which belong to the same industrial grouping, are located on one (1) or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "major group" (i.e. which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. A facility or stationary source may consist of one (1) or more emissions units. A facility or stationary source does not include emissions resulting directly from an internal combustion engine for transportation purposes, emissions from a non-road engine or the activities of any vessel.
20."Federally enforceable" means all limitations and conditions which are enforceable by the Administrator of the U.S. Environmental Protection Agency including, but not limited to, those requirements developed pursuant to 40 C.F.R. § 60 (New Source Performance Standards), 40 C.F.R. § 61 (National Emission Standards for Hazardous Air Pollutants), 40 C.F.R. § 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories), requirements within the State Implementation Plan, those requirements in operating permits issued pursuant to Part 29 of this Subchapter (Operating Permits) or 40 C.F.R. § 71 (except those listed as "Not Federally Enforceable"), those requirements in major or minor source permits issued pursuant to Part 9 of this Subchapter (Air Pollution Control Permits), to the extent the regulation is a part of the State Implementation Plan and those requirements in emissions caps issued pursuant to Part 29 of this Subchapter (Operating Permits).
21."Fossil fuel" means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from such materials for the purpose of creating useful heat.
22."Fossil fuel fired steam" or "hot water generating unit" means a furnace or boiler used in the process of burning fossil fuel for the purpose of producing steam or hot water by heat transfer.
23."Fuel oil" means any virgin distillate oil, virgin residual oil, biodiesel or a blend of these.
24."Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.
25."Good engineering practice" or “GEP” means, with respect to stack heights, the height necessary to insure that emissions from the stack do not result in excessive concentrations of any air pollutant in the immediate vicinity of the source as a result of aerodynamic downwash, eddies and wakes which may be created by the source itself, nearby structures or nearby terrain obstacles as calculated according to the Rhode Island Guideline on Air Quality Modeling.
26."Halogenated Organic Compound" and "HOC" means the following compounds:
a.CFC-11 (trichlorofluoromethane)
b.CFC-12 (dichlorodifluoromethane)
c.CFC-113 (1,1,1-trichloro 2,2,2-trifluoroethane)
d.CFC-114 (1,2-dichloro 1,1,2,2-tetrafluoroethane)
e.CFC-115 (chloropentafluoroethane)
f.HCFC-22 (chlorodifluoromethane)
g.HCFC-31 (chlorofluoromethane)
h.HCFC-123 (1,1,1-trifluoro 2,2-dichloroethane)
i.HCFC 123a (1,2-dichloro-1,1,2-trifluoroethane)
j.HCFC-124 (2-chloro 1,1,1,2-tetrafluoroethane)
k.HCFC-141b (1,1-dichloro 1-fluoroethane)
l.HCFC-142b (1-chloro 1,1-difluoroethane)
m.HCFC-151a (1-chloro-1-fluoroethane)
n.HCFC-225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane)
o.HCFC-225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropane)
p.methyl chloroform (1,1,1-trichloroethane)
q.methylene chloride (dichloromethane)
r.perchloroethylene
27."Hazardous air pollutant" or "HAP" means an air pollutant which has been listed pursuant to 42 U.S.C. §§ 7412(b) (CAA § 112(b)).
28."Heat input capacity" means the manufacturer’s or designer’s guaranteed maximum rate of heat input, whichever is greater.
29."Lowest achievable emission rate" or "LAER" means, for any stationary source, the more stringent rate of emissions based on the following:
a.The most stringent emission limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or,
b.The most stringent emission limitation which is achieved in practice by such class or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emission rate for the new or modified installation within the stationary source.
c.In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable new source performance standards.
30."Natural gas" means a naturally occurring mixture of hydrocarbon and non-hydrocarbon gases found in geologic formations beneath the earth's surface, of which the principal constituent is methane.
31."Nitrogen oxides" means nitric oxide (NO), nitrogen dioxide (NO2) and any other species of nitrogen oxides, expressed as the molecular weight of NO2.
32."Nonroad engine" means:
a.Except as discussed in § 0.4(A)(32)(b) of this Part, a non-road engine is any internal combustion engine:
(1)In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or,
(2)In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or,
(3)That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.
b.An internal combustion engine is not a non-road engine if:
(1)The engine is used to propel a motor vehicle, or a vehicle used solely for competition, or is subject to standards promulgated under 42 U.S.C. § 7521 (CAA § 202); or,
(2)The engine is regulated by a federal New Source Performance Standard promulgated under 42 U.S.C. § 7411 (CAA § 111); or,
(3)The engine otherwise included in § 0.4(A)(32)(a)((3)) of this Part remains or will remain at a location for more than twelve (12) consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replace an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two (2) years) and that operates at that single location approximately three (3) months (or more) each year. § 0.4(A)(32)(b)((3)) of this Part does not apply to an engine after the engine is removed from the location.
33."Opacity" means the degree to which air contaminants reduce the transmission of light and obscure a contrasting background.
34.“Organic compound” means any carbon-containing compound with the exception of carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate.
35."Organic solvent cleaning" means the process of cleaning contaminants or water from surfaces by cold cleaning or vapor cleaning using Volatile Organic Compounds (VOC) or volatile Hazardous Air Pollutants.
36."Owner" or "operator" means any person who owns, leases, operates, controls or supervises any building, structure, facility, installation or emissions unit which directly or indirectly results or may result in emission of any air contaminant.
37."Particulate matter" means any material, other than uncombined water, that is or has been airborne and exists as a liquid or solid at ambient conditions.
38.“Permanent total enclosure” means a permanently installed enclosure that completely surrounds a source of emissions such that all VOC emissions are captured and contained for discharge to a control device and which meets the specifications given in Method 204 or 40 C.F.R. § 51, Appendix M.
39."Person" means an individual, trust, firm, joint stock company, corporation (including a quasi-governmental corporation), partnership, limited liability company (LLC), association, syndicate, municipality, municipal or state agency, fire district, club, non-profit agency or any subdivision, commission, department, bureau, or agency of state or federal government (including a quasi-governmental corporation) or of any interstate body.
40."Potential to emit" or "potential emissions" or “PTE” means:
a.The maximum capacity of a stationary source to emit a pollutant under its physical or operational design. Any physical or operational limitation on the capacity of a source to emit a pollutant, including air pollution control equipment and restrictions on the hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. This term does not alter or affect the use of this term for any other purposes under the Act, or the term "capacity factor" as used in 42 U.S.C. §§ 7651 through 7651o (CAA §§ 401 through 416) or the regulations promulgated thereunder.
b.“Potential emissions” means, from organic solvent cleaning operations at a stationary source, potential emissions that are calculated using the equations in §§ 0.4(A)(40)(b)((1)) or (3) of this Part, as applicable:
(1)Determine the potential to emit for each individual solvent cleaning using the equation in § 0.4(A)(40)(b)((1)) of this Part.
PTEi=HixWixSAIi
Where:
PTEi = the potential to emit for solvent cleaning machine i (kilograms of solvent per year).
Hi = hours of operation for solvent cleaning machine i (hours per year) = 8760 hours per year, unless otherwise restricted by a Federally enforceable requirement.
Wi = the working mode uncontrolled emission rate (kilograms per square meter per hour) = 1.95 kilograms per square meter per hour for batch vapor and cold cleaning machines = 1.12 kilograms per square meter per hour for in-line cleaning machines.
SAIi = solvent/air interface area of solvent cleaning machine i (square meters). Cleaning machines that do not have a solvent/air interface shall calculate a solvent/air interface area using the procedure in § 0.4(A)(40)(b)((2)) of this Part.
(2)Cleaning machines that do not have a solvent/air interface shall calculate a solvent/air interface area using the equation in § 0.4(A)(40)(b)((2)) of this Part.
SAI=2.20 * (Vol)0.6
Where:
SAI=the solvent/air interface area (square meters).
Vol=the cleaning capacity of the solvent cleaning machine (cubic meters).
(3)Sum the PTEi for all solvent cleaning operations to obtain the total potential to emit for solvent cleaning operations at the facility.
41."Reasonably available control technology" or "RACT" means the lowest emission limitation that a particular piece of equipment or pollutant emitting activity is capable of meeting by using measures that are reasonably available in terms of technological and economic feasibility.
42."Residual oil" means No. 4, No. 5, or No. 6 fuel oil.
43."Stack" means a flue, conduit or opening to provide for the emission of the products of combustion and/or other air contaminants into the atmosphere.
44."Secondary emissions" means emissions which occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific, well defined, quantifiable and impact the same general areas as the stationary source or modification. Secondary emissions include emissions from any off-site support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include emissions from any mobile source regulated under 42 U.S.C. §§ 7521 through 7590 (CAA §§ 201 through 250).
45."Vapor cleaning" means an organic solvent cleaning process in which contaminants or water are cleaned and removed from surfaces by condensing hot solvent vapor on the colder pieces. This definition includes vapor degreasing and drying.
46."Volatile organic compound" or "VOC" means any organic compound which participates in atmospheric photochemical reactions. This includes any organic compound other than the following exempt compounds:
a.acetone
b.2-amino-2-methyl-1-propanol (AMP)
c.CFC-11 (trichlorofluoromethane)
d.CFC-12 (dichlorodifluoromethane)
e.CFC-113 (1,1,2-trichloro 1,2,2-trifluoroethane)
f.CFC-114 (1,2-dichloro 1,1,2,2-tetrafluoroethane)
g.CFC-115 (chloropentafluoroethane)
h.2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3)
i.dimethyl carbonate
j.ethane
k.2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5)
l.H-Galden 1040x or H-Galden ZT 130 (or 150 or 180) (HCF2OCF2OCF2CF2OCF2H)
m.HCFC-22 (chlorodifluoromethane)
n.HCFC-31 (chlorofluoromethane)
o.HCFC-123 (1,1,1-trifluoro 2,2-dichloroethane)
p.HCFC 123a (1,2-dichloro-1,1,2-trifluoroethane)
q.HCFC-124 (2-chloro 1,1,1,2-tetrafluoroethane)
r.HCFC-141b (1,1-dichloro 1-fluoroethane)
s.HCFC-142b (1-chloro 1,1-difluoroethane)
t.HCFC-151a (1-chloro-1-fluoroethane)
u.HCFC-225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane)
v.HCFC-225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropane
w.HFC-23 (trifluoromethane)
x.HFC-32 (difluoromethane)
y.HFC-43-10mee (1,1,1,2,3,4,4,5,5,5-decafluoropentane)
z.HFC-125 (pentafluoroethane)
aa.HFC-134 (1,1,2,2-tetrafluoroethane)
bb.HFC-134a (1,1,1,2-tetrafluoroethane)
cc.HFC-143a (1,1,1-trifluoroethane)
dd.HFC-152a (1,1-difluoroethane)
ee.HFC-161 (ethylfluoride)
ff.HFC-227ea (1,1,1,2,3,3,3-heptafluoropropane)
gg.HFC-236ea (1,1,1,2,3,3-hexafluoropropane)
hh.HFC-236fa (1,1,1,3,3,3-hexafluoropropane)
ii.HFC-245ca (1,1,2,2,3-pentafluoropropane)
jj.HFC-245ea (1,1,2,3,3-pentafluoropropane)
kk.HFC-245eb (1,1,1,2,3-pentafluoropropane)
ll.HFC-245fa (1,1,1,3,3-pentafluoropropane)
mm.HFC-365mfc (1,1,1,3,3-pentafluorobutane)
nn.HFE-134 (HCF2OCF2H) (1,1,3,3-tetrafluorodimethyl ether)
oo.HFE-236ca12 (HCF2OCF2OCF2H) (bis(difluoromethoxy)difluoromethane)
pp.HFE–338pcc13 (HCF2OCF2CF2OCF2H) (1,2-bis(difluoromethoxy)-1,1,2,2-tetrafluoroethane)
qq.HFE-347pcf2 (1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane)
rr.HFE-7000 (1,1,1,2,2,3,3-heptafluoro-3-methoxypropane or n-C3F7OCH3)
ss.HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane or C4F9OCH3 )
tt.HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane or C4F9OC2H5)
uu.HFE-7300 (1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethylpentane or L-14787 or C2F5CF(OCH3)CF(CF3)2 )
vv.HFE-7500 (3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane)
ww.HFO-1233zd (trans-1-chloro-3,3,3-trifluoroprop-1-ene)
xx.HFO-1234yf (2,3,3,3-tetrafluoropropene)
yy.HFO-1234ze (trans-1,3,3,3-tetrafluoropropene)
zz.HFO-1336mzz-Z (cis-1,1,1,4,4,4-hexafluorobut-2-ene)
aaa.methane
bbb.methyl acetate
ccc.methyl chloroform (1,1,1-trichloroethane)
ddd.methyl formate (HCOOCH3)
eee.methylene chloride (dichloromethane)
fff.parachlorobenzotrifluoride (PCBTF)
ggg.perchloroethylene (tetrachloroethylene)
hhh.propylene carbonate
iii.cyclic, branched, or linear completely methylated siloxanes
jjj.The perfluorocarbon compounds which fall into these classes:
(1)Cyclic, branched, or linear, completely fluorinated alkanes;
(2)Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;
(3)Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and
(4)Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.
(5)These compounds have been determined to have negligible photochemical reactivity. For purposes of determining compliance with emission limits, VOC will be measured by the approved test methods. Where such a method also inadvertently measures compounds with negligible photochemical reactivity, as defined above, an owner or operator may exclude these negligible photochemical reactive compounds when determining compliance with an emissions standard. Exempt solvents will be treated as water in "pounds of VOC per gallon of coating minus water" calculations. Classification of methylene chloride and perchloroethylene as exempt compounds does not relieve the facility of the requirements in Part 22 of this Subchapter (Air Toxics).
kkk.tert- butyl acetate (TBAC)
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-01-16 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/16/2020*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2010-09-29 to 01/09/2017*
- *Amendment — effective from 2008-10-09 to 09/29/2010*
- *Adoption — effective from 2007-07-19 to 10/09/2008*
##### **250-RICR-120-05-0 § 0.5** Abbreviations and Symbols - Units of Measure {#sec-250-ricr-120-05-0-0.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-0#0.5}
Abbreviations and Symbols
Definition
Btu
British thermal unit
°C
Degree Celsius (centigrade)
Cm
Centimeter
Dscf
Dry cubic feet at standard conditions
Dscm
Dry cubic meter at standard conditions
°F
Degree Fahrenheit
Ft
Feet
G
Gram
gal
Gallon
gr
Grain
hr
Hour
kg
Kilogram
lb
Pound
lbs
Pounds
m
Meter
m3
Cubic meter
mg
Milligram (10-3 gram)
mm
Millimeter (10-3 meter)
ppm
Parts per million
psi
Pounds per square inch
tpy
Tons per year
g
Microgram (10-6 gram)
vol
Volume
wt
Weight
%
Percent
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-01-16 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/16/2020*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2010-09-29 to 01/09/2017*
- *Amendment — effective from 2008-10-09 to 09/29/2010*
- *Adoption — effective from 2007-07-19 to 10/09/2008*
#### **250-RICR-120-05-01** Visible Emissions
##### **250-RICR-120-05-01 § 1.1** Purpose {#sec-250-ricr-120-05-01-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-01#1.1}
A.The purpose of this Regulation is to limit the opacity of visible emissions from sources of air contaminants.
**History**
- *Amendment — effective from 2026-05-13 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/13/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-01 § 1.2** Authority {#sec-250-ricr-120-05-01-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-01#1.2}
A.These Regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Amendment — effective from 2026-05-13 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/13/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-01 § 1.3** Repealed {#sec-250-ricr-120-05-01-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-01#1.3}
**History**
- *Amendment — effective from 2026-05-13 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/13/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-01 § 1.4** Repealed {#sec-250-ricr-120-05-01-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-01#1.4}
**History**
- *Amendment — effective from 2026-05-13 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/13/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-01 § 1.5** Definitions {#sec-250-ricr-120-05-01-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-01#1.5}
A.Unless otherwise expressly defined in this Section, the terms used in this Regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions).
**History**
- *Amendment — effective from 2026-05-13 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/13/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-01 § 1.6** Limitations {#sec-250-ricr-120-05-01-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-01#1.6}
A.No person shall emit into the atmosphere from any source any air contaminant for a period or periods aggregating more than three minutes in any one hour which is greater than or equal to 20 percent opacity.
**History**
- *Amendment — effective from 2026-05-13 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/13/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-01 § 1.7** Test Procedures and Observer Qualifications {#sec-250-ricr-120-05-01-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-01#1.7}
A.All tests must be performed as per the 40 C.F.R. § 60 (2020), Appendix A-4, Method 9.
B.All observers must qualify as per:
1.40 C.F.R. § 60 (2020), Appendix A-4, Method 9; or,
2.Alternative EPA approved method ALT-152 to the procedures of section 3.2 of 40 C.F.R. § 60 (2020), Appendix A-4 Method 9. ALT-152 is the alternative method of certification of a candidate in Method 9 opacity reading through use of a virtual reality (“VR”) headset.
**History**
- *Amendment — effective from 2026-05-13 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/13/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-01 § 1.8** Exemptions {#sec-250-ricr-120-05-01-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-01#1.8}
A.Where the presence of uncombined water is the only reason for failure to meet the requirements of § 1.6 of this Part, such failure shall not be a violation of this Regulation.
**History**
- *Amendment — effective from 2026-05-13 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/13/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-3** Particulate Emissions from Industrial Processes
##### **250-RICR-120-05-3 § 3.1** Purpose {#sec-250-ricr-120-05-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-3#3.1}
The purpose of this regulation is to limit particulate emissions from industrial sources.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-3 § 3.2** Authority {#sec-250-ricr-120-05-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-3#3.2}
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-3 § 3.3** Application {#sec-250-ricr-120-05-3-3.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-3#3.3}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-3 § 3.4** Severability {#sec-250-ricr-120-05-3-3.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-3#3.4}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-3 § 3.5** Definitions {#sec-250-ricr-120-05-3-3.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-3#3.5}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1."Process weight" means the total weight of all materials introduced into any specific process, except liquid and gaseous fuels and combustion air, which may cause any emissions of particulate matter into the atmosphere.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-3 § 3.6** Limitations {#sec-250-ricr-120-05-3-3.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-3#3.6}
No person shall emit into the atmosphere in any one hour from any source, except those specific types of sources to which emission standards elsewhere in these rules and regulations apply, particulate matter in excess of that shown in the following table opposite the applicable process weight. In entering the table "the process weight rate" will be determined by dividing the total process weight by the number of hours in one complete operation, excluding anytime during which the equipment is not operating.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-3 § 3.7** Determination of Compliance {#sec-250-ricr-120-05-3-3.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-3#3.7}
A.Compliance with § 3.2 of this Part shall be determined by one of the following procedures:
1.Emission testing conducted by the owner or operator of the source according to 40 C.F.R. § 60, Appendix A, Method 5, or by another method which has the prior approval of or is required by the Director.
2.Technical evaluation based on such factors which may include the potential of the industrial process for emitting particulates; design of the process, equipment or facility; design efficiency of air pollution control systems; and emission test results on similar processes, equipment or facilities.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-3 § 3.8** Table {#sec-250-ricr-120-05-3-3.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-3#3.8}
A.
Process Weight Rate
Rate of Emission
Process Weight Rate
Rate of Emission
Lb/Hr
Tons/Hr
Lb/Hr
Lb/Hr
Tons/Hr
Lb/Hr
100
0.05
0.551
16,000
8.00
16.5
200
0.10
0.877
18,000
9.00
17.9
400
0.20
1.40
20,000
10.00
19.2
600
0.30
1.83
30,000
15.00
25.2
800
0.40
2.22
40,000
20.00
30.5
1,000
0.50
2.58
50,000
25.00
35.4
1,500
0.75
3.38
60,000
30.00
40.0
2,000
1.00
4.10
70,000
35.00
41.3
2,500
1.25
4.76
80,000
40.00
42.5
3,000
1.50
5.38
90,000
45.00
43.6
3,500
1.75
5.96
100,000
50.00
44.6
4,000
2.00
6.52
120,000
60.00
46.3
5,000
2.50
7.58
140,000
70.00
47.8
6,000
3.00
8.56
160,000
80.00
49.0
7,000
3.50
9.49
200,000
100.00
51.2
8,000
4.00
10.40
1,000,000
500.00
69.0
9,000
4.50
11.20
2,000,000
1,000.00
77.6
10,000
5.00
12.0
6,000,000
3,000.00
92.7
12,000
6.00
13.6
B.Interpolation of the data in this table for the process weight rates up to 60,000 Lb/Hr shall be accomplished by use of the equation: E = 4.10 P0.67, and interpolation and extrapolation of the data for process weight rates in excess of 60,000 Lb/Hr shall be accomplished by the equation: E = 55.0 P0.11 - 40, where E = rate of emission in Lb/Hr and P = process weight rate in Tons/Hr.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-4** Open Fires
##### **250-RICR-120-05-4 § 4.1** Purpose and Authority {#sec-250-ricr-120-05-4-4.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-4#4.1}
4.1.1Purpose
The purpose of this regulation is to prohibit burning of any material in an open fire at a solid waste facility and/or hazardous waste disposal facility or in connection with any salvage, industrial, commercial or institutional operation.
4.1.2Authority
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-4 § 4.2** Application {#sec-250-ricr-120-05-4-4.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-4#4.2}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-4 § 4.** 3 Severability {#sec-250-ricr-120-05-4-4. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-4#4.}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-4 § 4.** 4 Definitions {#sec-250-ricr-120-05-4-4. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-4#4.}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1."Hazardous waste disposal facility" means real and personal property acquired, constructed or operated for the purpose of the disposal of hazardous waste.
2."Open fire” means any fire from which the products of combustion are emitted directly into the open air without passing through a stack.
3."Solid waste management facility" means any plant, structure, equipment and other real and personal property acquired, constructed or operated for the purpose of processing, treating or disposing of solid wastes but not segregated solid waste.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-4 § 4.** 5 Prohibition {#sec-250-ricr-120-05-4-4. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-4#4.}
It shall be unlawful for any person to burn any material in an open fire at a solid waste management facility and/or hazardous waste disposal facility or in connection with any salvage, industrial, commercial or institutional operation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-4 § 4.** 6 Exemptions {#sec-250-ricr-120-05-4-4. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-4#4.}
A.The following shall not be subject to this regulation:
1.Open burning for weed abatement or pest control after receiving written approval from the Director.
2.Bonfires composed of clean, untreated wood or cellulose derivatives for festive occasions conducted by an institution.
3.Open burning of solid or liquid fuels or structures for the purpose of instruction and training of municipal, volunteer and industrial firefighters in the method of fighting fires when conducted under the direct control and supervision of qualified instructors after receiving written approval from the Director.
4.Open burning of combustible material after demonstration to the satisfaction of the Director that no alternative and practical method of disposal of said material is available. Alternative disposal methods may include chipping, cutting for forest products, landfilling, piling for protective cover for wildlife and others. Persons wishing to burn must receive written approval from the Director and demonstrate that approval has been granted by the municipality in which burning is to take place. Such burning must be conducted:
a.during periods of good atmospheric ventilation.
b.without causing a nuisance.
c.with smoke minimizing starters if starters or starting aids are used.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-4 § 4.** 7 Effect on Local Ordinances {#sec-250-ricr-120-05-4-4. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-4#4.}
This regulation does not preclude a municipality from prohibiting or attaching any more stringent conditions to any open burning.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-5** Fugitive Dust
##### **250-RICR-120-05-5 § 5.1** Purpose and Authority {#sec-250-ricr-120-05-5-5.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-5#5.1}
5.1.1Purpose
The purpose of this regulation is to limit the release of fugitive dust.
5.1.2Authority
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-06-29 to 01/04/2022*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2007-07-19 to 06/29/2016*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-5 § 5.2** Application {#sec-250-ricr-120-05-5-5.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-5#5.2}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-06-29 to 01/04/2022*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2007-07-19 to 06/29/2016*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-5 § 5.** 3 Severability {#sec-250-ricr-120-05-5-5. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-5#5.}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-06-29 to 01/04/2022*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2007-07-19 to 06/29/2016*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-5 § 5.** 4 Definitions {#sec-250-ricr-120-05-5-5. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-5#5.}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1.“Extractive industry” means an industry engaged in the extraction of minerals, including solids, including but not limited to coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as part of the extractive industry.
2.“Manufactured unwashed sand” means product resulting from the mechanical crushing of rock, boulders or large cobblestones which has a gradation of fifty percent (50%) or more coarse fraction passing the No. 4 sieve as referenced in the standard practice for classification of soils for engineering purposes (united soil classification system) and American Society of Testing and Material Designations D-2487-06 which has not been subject to a mechanical process (using water) that is designed to substantially remove fine fractions passing the No. 200 sieve.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-06-29 to 01/04/2022*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2007-07-19 to 06/29/2016*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-5 § 5.** 5 Applicability {#sec-250-ricr-120-05-5-5. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-5#5.}
A.This regulation shall apply, but not be limited to, the generation of airborne particulate matter from the following activities:
1.The demolition, construction or renovation of buildings, bridges or other structures;
2.Material stockpiles, including solid waste management facilities, and earth moving activities, including the clearing of land and other operations which cause airborne particulate matter;
3.Stationary sources, as defined in Part 0 of this Subchapter (General Definitions) of this Subchapter, whose activities involve the handling of materials which cause airborne particulate matter;
4.Exterior surface preparation/resurfacing operations conducted on buildings, bridges, or other structures that are not regulated by the requirements of Part 24 of this Subchapter (Removal of Lead Based Paint from Exterior Surfaces), as well as surface preparation/resurfacing operations conducted on vehicles, vessels, or any other surfaces which cause airborne particulate matter;
5.Vehicles transporting materials which cause airborne particulate matter;
6.Paved roads onto which earth or other material has been deposited by trucking or earth-moving equipment, by erosion by water, by the sanding and/or salting of roadways, or by other means;
7.Commercial mining and/or quarrying operations including the construction, maintenance, and operation of a commercial mining and/or quarrying facility, as well as activities which involve the use of explosive materials which cause airborne particulate matter;
8.Manufactured unwashed sand stockpiles that are located within one thousand five hundred (1,500) feet of any occupied dwelling structure; and,
9.Any other activities or operations which the Director may determine cause airborne particulate matter.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-06-29 to 01/04/2022*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2007-07-19 to 06/29/2016*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-5 § 5.** 6 Requirements {#sec-250-ricr-120-05-5-5. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-5#5.}
A.No person shall cause or permit any materials, including but not limited to sand, gravel, soil, aggregate and any other organic or inorganic solid matter capable of releasing dust, to be handled, transported, mined, quarried, stored or otherwise utilized in any way so as to cause airborne particulate matter to travel beyond the property line of the emission source without taking adequate precautions to prevent particulate matter from becoming airborne. Such precautions shall be in accordance with good industrial practice as determined by the Director and/or shall be other reasonable fugitive dust prevention measures as determined by the Director.
B.Manufactured unwashed sand shall not be stockpiled except in a manner that prevents fugitive dust from traveling beyond the property line of the extractive industry by use of water sprays or such alternative procedure that has received the prior written approval of the Director. The Director may approve the use of alternatives to water spray if water is not available or its use is not practical, including, but not limited to, crusting agents or enclosures provided that such alternatives prevent fugitive dust from traveling beyond the property line of the extractive industry. In determining compliance with this provision, the Director may consider the following factors:
1.The moisture content of the manufactured unwashed sand stockpiles;
2.Atmospheric humidity;
3.Wind direction and velocity;
4.Rainfall;
5.Observation of fugitive dust;
6.The location of the stone dust piles; and,
7.Any other factor that may cause fugitive dust to travel beyond the property line of the extractive industry.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2016-06-29 to 01/04/2022*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Technical Revision — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2016-06-29 to 06/29/2016*
- *Amendment — effective from 2007-07-19 to 06/29/2016*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-6** Continuous Emissions Monitors
##### **250-RICR-120-05-6 § 6.1** Purpose {#sec-250-ricr-120-05-6-6.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-6#6.1}
The purpose of this regulation is to specify the requirements for continuous emissions monitors for opacity at stationary sources.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-6 § 6.2** Authority {#sec-250-ricr-120-05-6-6.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-6#6.2}
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-6 § 6.3** Application {#sec-250-ricr-120-05-6-6.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-6#6.3}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-6 § 6.4** Severability {#sec-250-ricr-120-05-6-6.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-6#6.4}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-6 § 6.5** Definitions {#sec-250-ricr-120-05-6-6.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-6#6.5}
Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
"Opacity monitor" means a photoelectric smoke detector which is permanently installed in breeching or stack.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-6 § 6.6** Requirements {#sec-250-ricr-120-05-6-6.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-6#6.6}
A.Stationary sources may be required to install and operate a continuous emissions monitoring system. All such systems must be approved by the Director prior to installation.
B.The following fossil fuel fired steam or hot water generating units shall be equipped with an opacity monitor with audio alarm:
1.All units burning No. 6 residual oil or solid fuel.
2.Units burning all other liquid fuels and having a heat input capacity of five million Btu per hour or more.
C.These devices shall be calibrated to sound the alarm at 20 percent opacity and operated continuously during combustion of fuel. If more than one unit is served by a single stack, this requirement may be met with a single device located to detect any visible products of combustion from each unit. The audio alarm must be located in an area where it will be heard by the operator of or other person responsible for the unit(s).
D.Stationary sources as specified in 40 C.F.R. § 51, Appendix P, parts 1-5, shall install, calibrate, operate, and maintain a continuous emission monitoring system in accordance with all requirements set forth or referenced therein. In addition to the minimum data requirements set forth in 40 C.F.R. § 51, Appendix P, parts 1-5, such subject stationary sources shall record and report the total process operating time of the equipment for each calendar quarter to the Office of Air Resources.
E.The Department shall use the resulting CEM data to determine compliance with applicable emission limits and/or operating and maintenance requirements. The data required to be collected by this regulation must be kept for at least two years and may be used either directly or indirectly for compliance determinations or any purpose deemed appropriate by the Department.
F.The monitoring and recording required by § 6.6(D) of this Part shall begin 18 months from the effective date of this regulation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-6 § 6.7** Exemptions {#sec-250-ricr-120-05-6-6.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-6#6.7}
A.This regulation does not apply to private residences.
B.Sources as specified in paragraphs 1.2.1 through 1.2.3 of 40 C.F.R. § 51, Appendix P are exempt from these monitoring requirements.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-7** Emission of Air Contaminants Detrimental to Person or Property
##### **250-RICR-120-05-7 § 7.1** Purpose {#sec-250-ricr-120-05-7-7.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-7#7.1}
The purpose of this regulation is to prohibit the emission of air contaminants which may be injurious to human, plant or animal life, or cause property damage.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-7 § 7.2** Authority {#sec-250-ricr-120-05-7-7.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-7#7.2}
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-7 § 7.3** Application {#sec-250-ricr-120-05-7-7.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-7#7.3}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-7 § 7.4** Severability {#sec-250-ricr-120-05-7-7.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-7#7.4}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-7 § 7.5** Definitions {#sec-250-ricr-120-05-7-7.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-7#7.5}
Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-7 § 7.6** Standard {#sec-250-ricr-120-05-7-7.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-7#7.6}
No person shall emit any contaminant which either alone or in connection with other emissions, by reason of their concentration or duration, may be injurious to human, plant or animal life, or cause damage to property or which unreasonably interferes with the enjoyment of life and property.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-7 § 7.7** Existing Sources {#sec-250-ricr-120-05-7-7.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-7#7.7}
The operation of existing sources shall comply with the standard in § 7.2 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-7 § 7.8** New Sources or Modifications {#sec-250-ricr-120-05-7-7.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-7#7.8}
A.In the issuance of any approval under Air Pollution Control Regulation No. 9, the sole criteria for determination of compliance with the standard in § 7.6 of this Part with regard to human health shall be:
1.Compliance with all primary and secondary national ambient air quality standards.
2.Compliance with the applicable requirements of § 22.3 of this Subchapter, Air Pollution Control Regulation No. 22 regarding the emission of listed toxic air contaminants.
3.Compliance with a calculated ambient air level as required by §§ 9.3.3(a)(2), 9.4.2(g) and 9.5.2(e) of this Subchapter, Air Pollution Control Regulation No. 9.
4.Compliance with the applicable procedures and criteria of the Guidelines for Assessing Health Risks from Proposed Air Pollution Sources.
B.In the issuance of any approval under Air Pollution Control Regulation No. 9 the sole criteria for compliance with the standard in § 7.6 of this Part with regard to animal life shall be:
1.Compliance with all secondary national ambient air quality standards.
2.Compliance with the applicable provisions of § 9.5.2(d) of this Subchapter.
C.In the issuance of any approval under Air Pollution Control Regulation No. 9 the sole criteria for compliance with the standard in § 7.6 of this Part with regard to plant life and vegetation shall be:
1.Compliance with all secondary national ambient air quality standards.
2.Compliance with the applicable provisions of § 9.5.2(d) of this Subchapter.
D.In the issuance of any approval under Air Pollution Control Regulation No. 9 the sole criterion for compliance with the standard in § 7.6 of this Part with regard to damage to property shall be compliance with all secondary national ambient air quality standards.
E.In the issuance of any approval under Air Pollution Control Regulation No. 9, the sole criteria for compliance with the standard in § 7.6 of this Part with regard to interference with the enjoyment of life and property shall be compliance with the applicable provisions of § 7.8(A) through (D) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-8** Sulfur Content of Fuels
##### **250-RICR-120-05-8 § 8.1** Purpose {#sec-250-ricr-120-05-8-8.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-8#8.1}
The purpose of this regulation is to limit the sulfur content of fuels.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-01-09 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2014-06-24 to 01/09/2017*
- *Amendment — effective from 2014-06-24 to 06/24/2014*
- *Amendment — effective from 2007-07-19 to 06/24/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-8 § 8.2** Authority {#sec-250-ricr-120-05-8-8.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-8#8.2}
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-01-09 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2014-06-24 to 01/09/2017*
- *Amendment — effective from 2014-06-24 to 06/24/2014*
- *Amendment — effective from 2007-07-19 to 06/24/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-8 § 8.3** Application {#sec-250-ricr-120-05-8-8.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-8#8.3}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-01-09 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2014-06-24 to 01/09/2017*
- *Amendment — effective from 2014-06-24 to 06/24/2014*
- *Amendment — effective from 2007-07-19 to 06/24/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-8 § 8.4** Severability {#sec-250-ricr-120-05-8-8.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-8#8.4}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-01-09 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2014-06-24 to 01/09/2017*
- *Amendment — effective from 2014-06-24 to 06/24/2014*
- *Amendment — effective from 2007-07-19 to 06/24/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-8 § 8.5** Definitions {#sec-250-ricr-120-05-8-8.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-8#8.5}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1."Alternative fuel" means any materials, other than fuel oil, natural gas, coal or wood residue that is burned for the purpose of creating useful heat. Types of alternative fuels include, but are not limited to waste oil and hazardous waste. This definition does not include refuse derived fuel (RDF).
2."Approved stack gas cleaning process" means a process, approved by the Director, which removes sulfur dioxide from the products of combustion of fossil fuel.
3."Fuel oil terminal" means a fuel oil storage and distribution facility that is supplied by pipeline or waterborne vessel, and from which fuel oil may be distributed at a loading rack into a truck, trailer, or railroad car. Fuel oil terminals may be supplied by additional means such as tank trucks or railroad cars.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-01-09 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2014-06-24 to 01/09/2017*
- *Amendment — effective from 2014-06-24 to 06/24/2014*
- *Amendment — effective from 2007-07-19 to 06/24/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-8 § 8.6** General Limitations {#sec-250-ricr-120-05-8-8.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-8#8.6}
A.Unless the Director determines, pursuant to § 8.11 of this Part, that a shortage of fuel oil meeting the requirements of this regulation exists, no person shall store for sale, offer for sale, sell or deliver for use in Rhode Island and no person shall use any fuel oil having a sulfur content in excess of that in Table 1 (§ 8.6(A)(1) of this Part) except as provided in § 8.10 of this Part.
1.Table 1
Fuel Type
Percent by weight
Effective date(s)
Distillate Oil or Biodiesel
0.5% (5000 ppm)
Current requirement
Distillate Oil or Biodiesel
0.05% (500 ppm)
July 1, 2014 through June 30, 2018
Distillate Oil or Biodiesel
0.0015% (15 ppm)
On and after July 1, 2018
Residual Oil or Alternative Fuel
1.0%
Current requirement
Residual Oil or Alternative Fuel
0.5%
On and after July 1, 2018
B.No person shall store for sale, offer for sale, sell or deliver for use in Rhode Island and no person shall use any solid fossil fuel containing more than 0.55 pounds of sulfur per million Btu heat release potential.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-01-09 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2014-06-24 to 01/09/2017*
- *Amendment — effective from 2014-06-24 to 06/24/2014*
- *Amendment — effective from 2007-07-19 to 06/24/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-8 § 8.7** Exemptions {#sec-250-ricr-120-05-8-8.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-8#8.7}
A.Limitations with Stack Gas Cleaning Process
The Director may approve the use of fuels that do not meet the requirements of § 8.6 of this Part when combined with an approved stack gas cleaning process, provided the sulfur compound emissions (expressed as sulfur dioxide) from the stack are no greater than if the applicable sulfur content fuel were used.
B.Fuel oil stored in Rhode Island that met the applicable requirements of § 8.6(A) of this Part at the time the fuel oil was received for storage in Rhode Island may be stored for sale, offered for sale, sold or delivered for use or used after the effective date in § 8.6(A) of this Part.
C.The limitations of this regulation shall not apply to marine vessels or motor vehicles.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-01-09 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2014-06-24 to 01/09/2017*
- *Amendment — effective from 2014-06-24 to 06/24/2014*
- *Amendment — effective from 2007-07-19 to 06/24/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-8 § 8.8** Determination of Compliance {#sec-250-ricr-120-05-8-8.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-8#8.8}
A.Compliance with the applicable limitations set forth in this regulation shall be determined by procedures referenced below or deemed equivalent by the Director. Such procedures shall include but not be limited to any of the following:
1.Emission testing conducted by the owner or operator of the source according to the Reference Methods of Appendix A to 40 C.F.R. § 60; or,
2.The owner or operator of a stationary source using fuel oil shall obtain a certification from the fuel supplier which contains:
a.the name of the supplier and the date the fuel oil was received from the supplier; and,
b.the sulfur content of the fuel oil and the ASTM method used to determine the sulfur content of the fuel oil; and,
c.the date and location of the fuel oil when the sample was drawn for analysis to determine the sulfur content of the fuel oil, specifically including where the fuel oil was sampled; or,
3.Laboratory analysis of fuel oils by the owner or operator of the stationary source or by the supplier. Sampling and analysis shall be conducted after each new shipment of fuel oil is received by the source. Samples shall be collected from the fuel tank immediately after the fuel tank is filled and before any fuel oil is combusted. All fuel oil must be sampled and analyzed in accordance with applicable ASTM methods or another method which has the prior approval of or are required by the Director; or,
4.A continuous monitoring system for the measurement of sulfur dioxide that meets the performance specifications in Appendix B of 40 C.F.R. § 60. The monitoring equipment shall also be installed, calibrated, operated, and maintained in accordance with the procedures in Appendix B of 40 C.F.R. § 60 and the minimum specifications in Appendix P of 40 C.F.R. § 51.
B.Fuel Oil Terminals
The owner or operator of a fuel oil terminal shall determine the sulfur content of any fuel oil sold that is subject to the sulfur content limitations in Table 1 (§ 8.6(A)(1) of this Part) and provide certification of the sulfur content of the fuel oil to each purchaser of the fuel. Certifications shall meet the requirements of §§ 8.8(A)(2)(a) through (c) of this Part. All fuel oil must be sampled and analyzed in accordance with applicable ASTM methods or another method which has the prior approval of or are required by the Director.
C.Taking of Fossil Fuel Samples
The Director may require, under his supervision, the collection of fossil fuel samples for the purpose of determining compliance with this regulation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-01-09 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2014-06-24 to 01/09/2017*
- *Amendment — effective from 2014-06-24 to 06/24/2014*
- *Amendment — effective from 2007-07-19 to 06/24/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-8 § 8.9** Recordkeeping {#sec-250-ricr-120-05-8-8.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-8#8.9}
A.Copies of all fuel supplier certifications or fuel oil analyses shall be maintained by the owner or operator and be made accessible for review by the Office of Air Resources or its authorized representative and USEPA.
B.All records required by this regulation shall be maintained for a minimum of five (5) years after the date of each record and shall be made available to representatives of the Office of Air Resources upon request.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-01-09 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2014-06-24 to 01/09/2017*
- *Amendment — effective from 2014-06-24 to 06/24/2014*
- *Amendment — effective from 2007-07-19 to 06/24/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-8 § 8.10** Blending of Fuel Oils {#sec-250-ricr-120-05-8-8.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-8#8.10}
A.A fuel oil terminal may receive and store, but not offer for sale, sell or deliver for use in Rhode Island, fuel oil that does not meet the sulfur content limitations in Table 1 (§ 8.6(A)(1) of this Part), if it meets the following conditions:
1.The higher sulfur fuel will be blended with lower sulfur fuel to meet the sulfur content limitations in Table 1 (§ 8.6(A)(1) of this Part); and,
2.Notifies the Director, in writing, of its intention to store and blend fuel oil that does not meet the sulfur content limitations in Table 1 (§ 8.6(A)(1) of this Part) prior to the initial receipt and storage thereof.
B.Nothing herein shall relieve a fuel oil terminal from compliance with the requirements of § 8.8(B) of this Part.
C.Nothing herein shall prohibit a fuel oil terminal from receiving and storing fuel oil in the state of Rhode Island for shipment, sale and use outside of the state of Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-01-09 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2014-06-24 to 01/09/2017*
- *Amendment — effective from 2014-06-24 to 06/24/2014*
- *Amendment — effective from 2007-07-19 to 06/24/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-8 § 8.11** Fuel Supply Shortages {#sec-250-ricr-120-05-8-8.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-8#8.11}
A.The Director may, upon application, defer compliance with § 8.6(A) of this Part where compliance is not possible because of breakdowns or malfunction of equipment, acts of God, other unavoidable casualties or for good cause shown; provided that the order shall not defer compliance for more than three (3) months.
B.The Director shall notify the Administrator within five (5) business days after issuing an order deferring compliance with § 8.6(A) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-01-09 to 01/04/2022*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Technical Revision — effective from 2014-06-24 to 01/09/2017*
- *Amendment — effective from 2014-06-24 to 06/24/2014*
- *Amendment — effective from 2007-07-19 to 06/24/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-9** Air Pollution Control Permits
##### **250-RICR-120-05-9 § 9.1** Purpose {#sec-250-ricr-120-05-9-9.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.1}
The purpose of this regulation is to establish a preconstruction permitting program for stationary source of air pollution and air pollution control systems.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.2** Authority {#sec-250-ricr-120-05-9-9.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.2}
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.3** Application {#sec-250-ricr-120-05-9-9.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.3}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.4** Severability {#sec-250-ricr-120-05-9-9.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.4}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.5** Definitions {#sec-250-ricr-120-05-9-9.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.5}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1."Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with §§ 9.5(A)(1)(a) through (c) of this Part below:
a.In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. The Director shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
b.The Director may presume that source specific allowable emissions for the unit are equivalent to actual emissions of the unit.
c.For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
2."Allowable emissions" means the emission rate of a stationary source calculated using the maximum rated capacity of the source unless the source is subject to federally enforceable limits which restrict the operating rate or hours of operation, or both and the most stringent of the following:
a.Applicable standards as set forth in New Source Performance Standards, 40 C.F.R. § 60 (2018) and National Emission Standards for Hazardous Air Pollutants, 40 C.F.R. § 61 (2018); or
b.Any applicable State Implementation Plan emission limitations, including those with a future compliance date; or
c.The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.
3."Attainment area” or “Unclassifiable area" means for any air pollutant, an area which is not designated as a nonattainment area.
4."Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated New Source Review (NSR) pollutant, as determined in accordance with this definition.
a.For any existing emissions unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during the two consecutive calendar years immediately prior to the year a complete permit application is received by the Department. The Department may allow the use of a different 24-month period within the last five (5) years upon a determination that it is more representative of normal source operation.
(1)The average rate shall include fugitive emissions to the extent quantifiable and any authorized emissions associated with startup and shutdown. The average rate shall not include excess emissions or emissions associated with upsets or malfunctions.
(2)The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.
(3)The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period.
(4)When a project involves multiple emissions units or multiple regulated NSR pollutants, or both, only one consecutive 24-month period must be used to determine the baseline actual emissions for all pollutants and all emission units affected by the project.
(5)The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by §§ 9.5(A)(4)(a)((2)) and ((3)) of this Part, in this definition.
b.For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero.
5."Begin actual construction" means, in general, initiation of physical onsite construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installing building supports and foundations, laying underground pipework, and constructing permanent storage structures. With respect to a change in the method of operation, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.
6."Calculated acceptable ambient level" means the maximum allowable air concentration of an air contaminant, excluding listed toxic air contaminants and national ambient air quality standards, contributed by a stationary source, at or beyond the facility's property line calculated by the method in the Rhode Island Air Toxics Guideline.
7."Commence" means as applied to construction of a stationary source or modification means that the owner or operator has all the necessary preconstruction approvals or permits and either has:
a.Begun or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or
b.Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.
8."Complete" means in reference to an application for a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Director from requesting or accepting any additional information.
9."Construct a 42 U.S.C. § 7412(g), (CAA § 112(g)) source" means:
a.To fabricate, erect, or install at any greenfield site an emissions unit or group of emissions units which is located within a contiguous area and under common control and which emits or has the potential to emit ten (10) tons per year of any Hazardous Air Pollutant (HAP) or twenty-five (25) tons per year of any combination of HAP, or
b.To fabricate, erect, or install at any developed site an emissions unit which in and of itself emits or has the potential to emit ten (10) tons per year of any HAP or twenty-five (25) tons per year of any combination of HAP, unless the emissions unit satisfies criteria in §§ 9.5(A)(9)(b)((1)) through ((6)) of this Part, in this definition.
(1)All HAP emitted by the emissions unit that would otherwise be controlled under the requirements of this subpart will be controlled by emission control equipment which was previously installed at the same site as the emissions unit;
(2)The Office of Air Resources has determined within a period of 5 years prior to the fabrication, erection, or installation of the emissions unit that the existing emission control equipment represented best available control technology (BACT) or lowest achievable emission rate (LAER); or the Office of Air Resources determines that the control of HAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be provided by a current BACT or LAER;
(3)The Office of Air Resources determines that the percent control efficiency for emissions of HAP from all sources to be controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the control equipment prior to the inclusion of the new emissions unit;
(4)The Office of Air Resources has provided notice and an opportunity for public comment concerning its determination that criteria in paragraphs §§ 9.5(A)(9)(b)((1)) through ((3)) of this Part, in this definition apply and concerning the continued adequacy of any prior BACT or LAER determination;
(5)If any commenter has asserted that a prior BACT or LAER determination is no longer adequate, the Office of Air Resources has determined that the level of control required by that prior determination remains adequate; and
(6)Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by the Office of Air Resources were made, are applicable requirements under "Air Pollution Control Regulation No. 29 - Operating Permits" and either have been incorporated into any existing operating permit for the affected facility or will be incorporated into such permit upon issuance.
10."Construction" means any physical change or change in the method of operation (including fabricating, erecting, locating, modification or demolition of an emissions unit) which would result in a change in actual emissions.
11."Control technology" means measures, processes, methods, systems, or techniques to limit the emission of hazardous air pollutants through process changes, substitution of materials or other modifications that;
a.Reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications;
b.Enclose systems or processes to eliminate emissions;
c.Collect, capture or treat such pollutants when released from a process, stack, storage or fugitive emissions point;
d.Are design, equipment, work practice, or operational standards (including requirements for operator training or certification) as provided in 42 U.S.C. § 7412(h) (2018), (CAA § 112(h)); or
e.Are a combination of §§ 9.5(A)(11)(a) through (d) of this Part, in this definition.
12.“Distributed generator” means any generator that is not defined herein as an emergency generator.
13.“Emergency” means an electric power outage due to a failure of the electrical grid, on-site disaster, local equipment failure, or public service emergencies such as flood, fire or natural disaster. Emergency shall also mean periods during which ISO New England, or any successor Regional Transmission Organization, directs the implementation of operating procedures for voltage reductions, voluntary load curtailments by customers or automatic or manual load shedding within Rhode Island in response to unusually low frequency, equipment overload, capacity or energy deficiency, unacceptable voltage levels or other such emergency conditions.
14.“Emergency generator” means any generator used only during emergencies or for maintenance or testing purposes.
15."Fixed capital cost" means the capital needed to provide all the depreciable components.
16.“Generator” means any equipment that converts primary fuel (including fossil fuels and renewable fuels) into electricity or electricity and thermal energy. In addition to fuel-burning and power generating equipment this includes heat recovery, emission controls and any associated systems.
17."Greenfield site" means a contiguous area under common control that is an undeveloped site.
18."Indian governing body" means the governing body of any tribe, band or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.
19."Major modification" means any physical change or change in the method of operation of a major stationary source that would result in: a significant emissions increase of a regulated NSR pollutant and a significant net emission increase of that pollutant from the major stationary source. Any emissions increase or net emission increase that is considered significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone. A physical change or change in the method of operation shall not include:
a.Routine maintenance, repair and replacement.
b.An increase in the hours of operation or in the production rate, unless such change is prohibited by conditions of any federally enforceable permit issued after December 21, 1976, pursuant to 40 C.F.R. § 52.21 (2018) (PSD) or under Part 9 of this Subchapter (Air Pollution Control Permits) or under operating permits issued pursuant to 40 C.F.R. § 71 (2018) or under regulations approved pursuant to 40 C.F.R. § 70 (2018).
c.Any change in ownership at a stationary source.
d.Use of an alternative fuel or raw material by reason of an order under the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. §§ 792(a) and (b) (2018) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act, 16 U.S.C. § 791a (2018).
e.Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.
f.Use of an alternative fuel or raw material by a stationary source which:
(1)The source was capable of accommodating before January 6, 1975 unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 C.F.R. § 52.21 (2018) or under this Part (Air Pollution Control Permits) or under operating permits issued pursuant to 40 C.F.R. § 71 (2018) or under regulations approved pursuant to 40 C.F.R. § 70 (2018); or
(2)The source is approved to use under any permit issued under 40 C.F.R. § 52.21 (2018) or under this Part (Air Pollution Control Permits).
20."Major source permit" means an approval or permit issued by the Office of Air Resources for the construction or installation of a major stationary source or major modification.
21."Maximum achievable control technology emission limitation for new sources" means the emission limitation which is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions that the Office of Air Resources, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed 42 U.S.C. § 7412(g), (CAA § 112(g)) source.
22."Minor source permit" means an approval or permit issued by the Office of Air Resources for the construction, installation or modification of a stationary source that is neither a major stationary source nor a major modification. Any general permit issued pursuant to the requirements of this regulation shall be considered a minor source permit.
23."Modification" means any physical or operational change to any machine, equipment, device, article or facility which may result in an increased emission rate to the atmosphere of any air contaminant. The following shall not be considered a modification:
a.Routine maintenance, repair, and replacement of any machine, equipment, device, article or facility or parts thereof as defined in § 9.7.1 of this Part.
b.Increase in production rate of any machine, equipment, device, article or facility as defined in § 9.7.1 of this Part based solely upon the capabilities of existing process equipment.
c.Increase in hours of operation up to the maximum hours allowed in any federally enforceable permit.
d.Use of an alternative fuel or raw material if the machine, equipment, device, article or facility was designed and approved to accommodate that alternative use.
24."Necessary preconstruction approval or permits" means those permits or approvals required under state and federal air quality control laws and regulations and those air quality control laws and regulations which are part of the RI State Implementation Plan.
25."Net emissions increase" means, with respect to any regulated NSR pollutant emitted by a stationary source, the amount by which the sum of the following exceeds zero:
a.Any increase in actual emissions from a particular physical change or change in the method of operation at a stationary source; and
b.All other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable. Creditable increases or decreases are subject to the following;
(1)An increase or decrease in actual emissions is contemporaneous with the particular change only if it occurs over any period of five consecutive calendar years which includes the calendar year in which such increase occurred.
(2)An increase or decrease in actual emissions is creditable only if:
(AA)The Director has not relied on the increase or decrease in actual emissions in issuing a permit for any stationary source under these regulations and the permit is in effect when the increase in actual emissions from the particular change occurs; or,
(BB)The Director has not relied on the increase or decrease in actual emissions for netting or offset credit in a previous permit issued under these regulations; or,
(CC)The Director has not relied on the increase or decrease in actual emissions in demonstrating attainment or reasonable further progress.
(3)An increase or decrease in actual emissions of sulfur dioxide, nitrogen oxides or particulate matter which occurs before the applicable baseline date is creditable only if it is required to be considered in calculating the available remaining increment. With respect to particulate matter, only PM-10 emissions can be used to evaluate the net emissions increase for PM-10.
(4)An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
(5)A decrease in actual emissions is creditable only to the extent that:
(AA)The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions.
(BB)It is federally enforceable at and after the time that actual construction on the particular change begins.
(CC)It has approximately the same qualitative significance for public health and welfare that attributed to the increase from the particular change.
(6)An increase that results from a physical change at a stationary source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty (180) days.
26."Nonattainment area" means for any air pollutant, an area which is shown by monitored data or is calculated by air quality modeling based on monitored data, to exceed any national ambient air quality standard for such pollutant and has been designated as such in the Federal Register.
27."Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than one hundred (100) micrometers.
28."Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method, as specified in 40 C.F.R. § 53 (2018).
29.“Perchloroethylene dry cleaning equipment” means equipment, devices and apparatus used to remove unwanted substances from clothing, garments, textiles, fabrics, leather goods, and similar materials by means of one or more washes in Perchloroethylene, extraction of excess Perchloroethylene by spinning, and drying by tumbling in an airstream.
30."PM-2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 C.F.R. § 50 Appendix N (2018) and designated in accordance with 40 C.F.R. § 53 (2018) or by an equivalent method designated in accordance with 40 C.F.R. § 53 (2018).
31."PM-10" means particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as measured by a reference method based on 40 C.F.R. § 50 Appendix J (2018) and designated in accordance with 40 C.F.R. § 53 (2018) or by an equivalent method designated in accordance with 40 C.F.R. § 53 (2018).
32."PM-10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method as specified in 40 C.F.R. § 53 (2018).
33."Reasonable further progress" means such annual incremental reductions in emissions of the relevant air pollutant as are required by 42 U.S.C. §§ 7501 through 7505 (2018), or may reasonably be required by the Director for the purpose of ensuring attainment of the applicable national ambient air quality standards in an area.
34."Reconstruct a 42 U.S.C.§ 7412(g), (CAA § 112(g)) source" means the replacement of components at an existing emissions unit that in and of itself emits or has that potential to emit ten (10) tons per year of any HAP or twenty-five (25) tons per year of any combination of HAP, whenever:
a.The fixed capital cost of the new components exceeds 50 percent (50%) of the fixed capital cost that would be required to construct a comparable emissions unit; and
b.It is technically and economically feasible for the reconstructed 42 U.S.C. § 7412(g), (CAA § 112(g)) source to meet the applicable maximum achievable control technology emission limitation for new sources established under this subpart.
35."Reconstruction" means to be presumed to have taken place where the fixed capital cost of the new components exceeds fifty percent (50%) of the fixed capital cost of a comparable entirely new stationary source. Any final decision as to whether reconstruction has occurred shall be made in accordance with the provisions of 40 C.F.R. §§ 60.15(f)(1) through (3) (2018). A reconstructed stationary source will be treated as a new stationary source for purposes of this regulation. In determining lowest achievable emission rate for a reconstructed stationary source, the provisions of 40 C.F.R. § 60.15(f)(4) (2018) shall be taken into account in assessing whether a new source performance standard is applicable to such stationary source.
36."Regulated NSR pollutant" means the following:
a.Any pollutant for which a national ambient air quality standard has been promulgated. This includes, but is not limited to, the following:
(1)PM-2.5 emissions and PM-10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emission limitations for PM-2.5 and PM-10 in PSD permits. Compliance with emission limitations for PM-2.5 and PM-10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the Rhode Island State Implementation Plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this regulation unless the Rhode Island State Implementation Plan required condensable particulate matter to be included;
(2)Any pollutant identified under this paragraph as a constituent or precursor to a pollutant for which a national ambient air quality standard has been promulgated. Precursors identified by the Administrator for purposes of NSR are the following:
(AA)Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.
(BB)Sulfur dioxide is a precursor to PM-2.5 in all attainment and unclassifiable areas.
(CC)Nitrogen oxides are presumed to be precursors to PM-2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM-2.5 concentrations.
(DD)Volatile organic compounds are presumed not to be precursors to PM-2.5 in any attainment or unclassifiable area, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM-2.5 concentrations.
b.Any pollutant that is subject to any standard promulgated under 42 U.S.C. § 7411, (CAA § 111);
c.Any Class I or II substance subject to a standard promulgated under or established by 42 U.S.C. §§ 7671 through 7671q (2018), (CAA §§ 101 through 618);
d.Any pollutant that otherwise is subject to regulation under the Clean Air Act as defined in § 9.5 of this Part.
e.Notwithstanding §§ 9.5(A)(36)(a) through (d) of this Part, in this definition, the term “regulated NSR pollutant” shall not include any or all hazardous air pollutants either listed in 42 U.S.C. § 7412 (2018), (CAA § 112) or added to the list pursuant to 42 U.S.C. § 7412(b)(2) (2018), (CAA § 112(b)(2)), and which have not been delisted pursuant to 42 U.S.C. § 7412(b)(3) (2018), (CAA § 112(b)(3)), unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under 42 U.S.C. § 7408 (2018), (CAA § 108).
37."Significant" means in reference to a net emissions increase or the potential of a source to emit a rate of emissions that would equal or exceed any of the following rates:
Pollutant
Emissions Rate (tpy)
Carbon monoxide
100
Nitrogen oxides
25
Sulfur dioxide
40
Particulate matter
25
Particulate matter less than 10 microns in diameter
15
Particulate matter less than 2.5 microns in diameter
10 of direct PM-2.5 emissions; 40 of sulfur dioxide emissions; 40 of nitrogen oxide emissions.
Ozone
25 of volatile organic compounds or nitrogen oxides
Lead
0.6
Fluorides
3
Sulfuric acid mist
7
Hydrogen sulfide (H2S)
10
Total reduced sulfur (including H2S)
10
Reduced sulfur comp. (including H2S)
10
Municipal waste combustor organics (measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans)
3.5 x 10-6
Municipal waste combustor metals (measured as particulate matter)
15
Municipal waste combustor acid gases (measured as SO2 and HCl)
40
Municipal solid waste landfill emissions (measured as nonmethane organic compounds)
50
Any other regulated NSR pollutant, excluding greenhouse gases
Any emission
38."Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in § 9.5(A)(37) “Significant” of this Part) for that pollutant.
a.An emissions increase from a project is determined by taking the sum of the emission increase from each emissions unit affected by the project. An emissions unit is considered to be affected by the project if an emissions increase from the unit would occur as a result of the project, regardless of whether a physical change or change in the method of operation will occur at the particular unit.
b.For each emissions unit affected by the project, the emissions increase is determined by taking the difference between the potential to emit, following completion of the project and the baseline actual emissions
39."Similar source" means a stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed 42 U.S.C § 7412(g), (2018) (CAA § 112(g)) source such that the source could be controlled using the same control technology.
40.“Site remediation” means one or more activities or processes used to remove, destroy, degrade, transform, immobilize or otherwise manage contaminants in either soil or groundwater.
41."Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the EPA in 40 C.F.R. §§ 50 through 99 (2018), that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that:
a.Greenhouse gases (GHGs), the air pollutant defined in 40 C.F.R. § 86.1818–12(a) (2018) as the aggregate group of six (6) greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in § 9.5(A)(41)(d) of this Part.
b.For purposes of §§ 9.5(A)(41)(c) through (d) of this Part, in this definition, the term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as follows:
(1)Multiplying the mass amount of emissions (tpy), for each of the six (6) greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at 40 C.F.R. § 98. Table A-1 to Subpart A (2018), .
(2)Sum the resultant value from § 9.5(A)(41)(b)((1)) of this Part, in this definition for each gas to compute a tpy CO2e.
c.The term emissions increase as used in § 9.5(A)(41)(d) of this Part, in this definition means that both a significant emissions increase and a significant net emissions increase occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2e.
d.Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:
(1)The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or
(2)The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more.
B.As used in § 9.8 of this Part the following term shall, where the context permits, be construed as follows:
1."Major stationary source" means:
a.Any stationary source of air pollutants which emits or has the potential to emit fifty (50) tons per year or more of volatile organic compounds or nitrogen oxides or one hundred (100) tons per year of any other regulated air pollutant; or
b.Any physical change that would occur at a stationary source not qualifying under § 9.5.1(B)(1)(a) of this Part if the change would constitute a major stationary source by itself; or
c.A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.
C.As used in § 9.9 of this Part, the following terms shall, where the context permits, be construed as follows:
1."Baseline area" means the State of Rhode Island.
2."Baseline concentration" means that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:
a.The actual emissions, as defined in this part, representative of sources in existence on the applicable minor source baseline date, except as provided in § 9.5.1(C)(2)(c) of this Part;
b.The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date;
c.The following will not be included in the baseline concentration and will affect increment consumption:
(1)Actual emissions, as defined in this part, from any major stationary source on which construction commenced after the major source baseline date; and
(2)Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.
3."Increment" means the maximum allowable increase in pollutant concentration over the baseline concentration as set forth below:
Particulate Matter:
PM-2.5, Annual arithmetic mean:
4 µg/m3
PM-2.5, 24-hour maximum:
9 µg/m3
PM-10, Annual arithmetic mean:
17 µg/m3
PM-10, 24-hour maximum:
30 µg/m3
Sulfur Dioxide:
Annual arithmetic mean:
20 µg/m3
24-hour maximum:
91 µg/m3
3-hour maximum:
512 µg/m3
Nitrogen Dioxide:
Annual arithmetic mean:
25 µg/m3
a.For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.
4."Major source baseline date" means:
a.In the case of PM-10 and sulfur dioxide, January 6, 1975; and,
b.In the case of nitrogen dioxide, February 8, 1988; and
c.In the case of PM-2.5, October 20, 2010.
d.The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:
(1)The area in which the proposed source or modification would be constructed is designated as attainment or unclassifiable under 42 U.S.C. §§ 7407(d)(1)(A)(ii) or (iii) (2018), (CAA §§ 107(d)(1)(A)(ii) or (iii)) for the pollutant on the date of its complete application under this part; and
(2)In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.
5."Minor source baseline date" means:
a.In the case of PM-10 and sulfur dioxide, December 3, 1982; and,
b.In the case of nitrogen dioxide, August 5, 1988.
c.In the case of PM-2.5, March 29, 2016.
d.The Office of Air Resources may revise the minor source baseline date for particulate matter where it can be shown, to the satisfaction of the Director, that the emissions increase from the major stationary source or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM-10 emissions.
eAny minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that the Office of Air Resources may rescind any such minor source baseline date where it can be shown, to the satisfaction of the Office of the Air Resources, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM-10 emissions.
6."Major stationary source" means:
a.Any of the following stationary sources of air pollutants which emit, or have the potential to emit, one hundred (100) tons per year or more of any regulated NSR pollutant: fossil fuel fired steam electric plants of more than two hundred fifty (250) million Btu's (British thermal units) per hour heat input capacity; coal cleaning plants (with thermal dryers); kraft pulp mills; portland cement plants; primary zinc smelters; iron and steel mill plants; primary aluminum ore reduction plants; primary copper smelters; municipal incinerators capable of charging more than fifty (50) tons of refuse per day; hydrofluoric, sulfuric and nitric acid plants; petroleum refineries; lime plants; phosphate rock processing plants; coke oven batteries; sulfur recovery plants; carbon black plants (furnace process); primary lead smelters; fuel conversion plants; sintering plants; secondary metal production plants; chemical process plants; fossil fuel boilers (or combinations thereof) totaling more than two hundred fifty (250) million Btu's per hour heat input capacity; petroleum storage and transfer units with the total storage capacity exceeding 300,000 barrels; taconite ore processing plants; glass fiber processing plants; and charcoal production plants; or
b.Notwithstanding the stationary source size specified above, any stationary source which emits or has the potential to emit two hundred fifty (250) tons per year or more of any regulated NSR pollutant; or
c.Any physical change that would occur at a stationary source not otherwise qualifying as a major stationary source if the change would constitute a major stationary source by itself.
d.A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.6** General Requirements {#sec-250-ricr-120-05-9-9.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.6}
A.No person shall construct, install or modify or cause the construction, installation or modification of any stationary source subject to the provisions of this regulation without obtaining:
1.A minor source permit from the Director for each proposed installation or modification described in § 9.7.1 of this Part; or,
2.A major source permit from the Director for the proposed major stationary source or major modification.
B.No person that is required to obtain a minor source permit or a major source permit under this regulation shall operate the emission units for which the minor source permit or major source permit is required, without obtaining the required permit.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.7** Minor Source Permits: Applicability, Exemptions, Requirements for Approval and Applications {#sec-250-ricr-120-05-9-9.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.7}
9.7.1Applicability
A.A minor source permit is required for the construction, installation or modification of the following:
1.Any fuel burning device designed to burn:
a.Residual oil or solid fossil fuels having a heat input capacity of one million Btu or more per hour;
b.All other liquid fuels having a heat input capacity of five (5) million Btu or more per hour;
c.Gaseous fuel having a heat input capacity of ten (10) million Btu or more per hour; or
d.Alternative fuels, including but not limited to, wood chips, hazardous wastes or waste oil having a heat input capacity of one (1) million Btu or more per hour.
2.Notwithstanding § 9.7.1(A)(1) of this Part,
a.any emergency generator or distributed generator with a heat input capacity of 350,000 BTUs or more per hour or, in the case of internal combustion engines, is 50 HP or larger; and,
b.the date of initial startup is on or after November 15, 2007. Initial startup shall mean the setting in operation of the emergency generator or distributed generator for the first time for any purpose.
3.Liquid petroleum storage tanks, reservoirs and containers with a capacity of forty thousand gallons or more used for the storage of petroleum liquids having a true vapor pressure greater than 1.52 psia at 69oF;
4.Any incinerator, except as exempted in § 9.7.2(B) of this Part;
5.Any stationary source that emits or has the potential to emit, in the aggregate, twenty-five (25) tons per year or more of any combination of hazardous air pollutants.
6.Any stationary source which has the potential to increase emissions of a listed toxic air contaminant by greater than the minimum quantity for that contaminant, as specified in § 9.17 of this Part.
7.Any other stationary source or process except for those outlined in §§ 9.7.1(A)(1), (2) or (4) of this Part having the potential to emit one hundred (100) pounds or more per day, or ten (10) pounds or more per hour of any air contaminant or combination of air contaminants into the atmosphere, including but not limited to the following categories:
a.Surface coating, spray and dip painting, roller coating, knife coating and electrostatic depositing;
b.Metal cleaning or surface preparation, bright dipping, stripping, galvanizing and chrome plating;
c.Textile dyeing and finishing, including tenter frames, dryers, printers and solvent dyers;
d.Glass or fiberglass manufacturing, including melting furnaces, forming lines, curing ovens and product cooling lines;
e.The production of asphalt concrete, including rotary dryers, screening and conveying systems and mixers;
f.The production of metal castings, including cupolas, reverberatory furnaces, electric furnaces, crucible furnaces and sand handling systems; and
g.The transfer of petroleum products having a true vapor pressure greater than 1.52 psia at 69oF from the storage facility to or from a mobile vessel.
8.Any air pollution control system and appurtenances.
9.7.2Exemptions
A.The provisions of § 9.7.1(A)(8) of this Part shall not apply to the construction, installation or modification of any air pollution control system and appurtenances where:
1.Emission of air contaminants in the absence of the air pollution control system would comply with all applicable state and federal air pollution control rules and regulations.
2.Emission of air contaminants in the absence of the air pollution control system would not exceed any of the thresholds in §§ 9.7.1(A)(5) through (7) of this Part.
3.The air pollution control system is used to treat emission of air contaminants generated from a site remediation operation and the air pollution control system will reduce emissions of VOC by at least ninety-five percent (95%).
4.Any air pollution control system and appurtenances exempted from the requirement to obtain a permit must file a registration form with the Office of Air Resources prior to the construction, installation or modification of the system.
B.The provisions of this regulation shall not apply to incinerators constructed, installed, modified or used in owner-occupied dwellings having less than three units.
C.The provisions of § 9.7 of this Part shall not apply to the construction, installation or modification of Perchloroethylene dry cleaning equipment. The owner or operator of that equipment shall comply with the compliance certification requirements in § 23.3 of "Air Pollution Control Regulation No. 23 - Control of Perchloroethylene Emissions from Dry Cleaning Operations" prior to construction, installation or modification of that equipment.
D.The provisions of § 9.7 of this Part shall not apply to the construction, installation or modification of an organic solvent cleaning machine (degreaser), provided that the machine meets the applicable requirements of "Air Pollution Control Regulation No. 36 - Control of Emissions from Organic Solvent Cleaning." The owner or operator of that machine shall submit a Compliance Notification Report that contains the information in § 36.11.2(b) of "Air Pollution Control Regulation No. 36 - Control of Emissions from Organic Solvent Cleaning" prior to construction, installation or modification of that machine.
9.7.3Requirements for Approval
A.No person shall construct, install or modify or cause the construction, installation or modification of any minor stationary source described in § 9.7.1 of this Part unless the following conditions are met:
1.A stationary source shall apply BACT for each pollutant it would have the potential to emit. A modification shall apply BACT for each pollutant for which there would be a net emissions increase at the stationary source. In no event shall BACT be less stringent than any applicable emission rate contained in the Department's Air Pollution Control Regulations.
2.Emissions from the stationary source will not cause an impact on the ground level ambient concentration at or beyond the property line in excess of that allowed by "Air Pollution Control Regulation No. 22 - Air Toxics" and any Calculated Acceptable Ambient Levels.
3.A new stationary source or a modification of an existing stationary source must conduct any studies required by the Guidelines for Assessing Health Risks from Proposed Air Pollution Sources and meet the criteria therein.
4.Emissions from the stationary source shall not cause or contribute to air pollution in violation of any applicable state or national ambient air quality standard.
5.The stationary source will be in compliance with all applicable state or federal air pollution control rules or regulations at the time the stationary source or modification commences operation.
B.In addition to the conditions in § 9.7.3(A) of this Part, no person shall construct or reconstruct a 42 U.S.C. § 7412(g) (2018), (CAA § 112(g)) source unless:
1.The source in question has been specifically regulated or exempted from regulation under a standard in 40 C.F.R. § 63 (2018), issued pursuant to 42 U.S.C. §§ 7412(d) (2018), (CAA § 112(d)), 42 U.S.C. § 7412(h) (2018), (CAA § 112(h)) or U.S.C. § 7412(j) (2018), (CAA § 112 (j)) and the owner and operator has fully complied with all procedures and requirements for preconstruction review established by that standard, including any applicable requirements set forth in 40 C.F.R. § 63, Subpart A (2018); or
2.The Office of Air Resources has made a final and effective case-by-case determination pursuant to the provisions of 40 C.F.R § 63.43 such that emissions from the constructed or reconstructed 42 U.S.C. § 7412(g) (2018), (CAA § 112(g)) source will be controlled to a level no less stringent than the maximum achievable control technology emission limitation for new sources.
9.7.4Minor Source Permit Applications
A.Application for approval of plans to construct, install or modify a minor source shall be made in duplicate by the owner or operator of any source described in § 9.7.1 of this Part on forms furnished by the Director and shall be signed by:
1.For a corporation or limited liability company (LLC): a president, secretary, treasurer or vice-president of the corporation or member of the LLC in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for the permit;
2.For a partnership or sole proprietorship: a general partner or the proprietor, respectively;
3.For a municipality, State, Federal or other public agency: either a principal executive officer or ranking elected official. For the purposes of this regulation, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
B.A separate application, in duplicate, is required for each installation and air pollution control system described in § 9.7.1 of this Part.
C.Each application shall be accompanied by one set of plans, specifications and all other relative data that may be required by the Director to show:
1.How the source is designed and in what manner it will be operated and controlled; and
2.That issuance of a construction permit will not prevent the maintenance or attainment of any applicable ambient air quality standard or prevent the achievement of other air quality goals.
9.7.5General Permits
A.A stationary source that is required to obtain a minor source permit under § 9.7.1 of this Part may apply for a general permit provided that the stationary source meets the eligibility requirements of the general permit. A general permit is a pre-approved minor source permit. By issuing a general permit, the Department indicates that it approves the installation of the emission unit(s) authorized by the general permit.
B.The owner or operator shall ensure any application for a general permit is correct and that the permit conditions and emission limitations of the general permit are complied with.
C.A general permit will be issued if the following conditions are met:
1.The owner or operator has submitted a complete application that provides all of the information requested on the form; and,
2.The owner or operator has provided the Department sufficient information to demonstrate that the stationary source meets the eligibility requirements of the general permit.
D.Application for a general permit shall be made by the owner of the stationary source on forms furnished by the Director and shall be signed by:
1.For a corporation or limited liability company (LLC): a president, secretary, treasurer or vice-president of the corporation or member of the LLC in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for the permit;
2.For a partnership or sole proprietorship: a general partner or the proprietor, respectively;
3.For a municipality, State, Federal or other public agency: either a principal executive officer or ranking elected official. For the purposes of this Part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
E.A separate application is required for each emission unit eligible for the general permit.
9.7.6General Permits: Availability
A.A general permit is available for the following types of stationary sources:
1.An emergency generator that meets the requirements of "Air Pollution Control Regulation No. 43 - General Permits for Smaller-Scale Electric Generation Facilities."
2.A distributed generator that meets the requirements of "Air Pollution Control Regulation No. 43 - General Permits for Smaller-Scale Electric Generation Facilities."
9.7.7Temporary Permits
A.A stationary source that is required to obtain a minor source permit under § 9.7.1 of this Part may apply for a temporary permit provided that the following requirements are met:
1.The stationary source is a portable engine or boiler that temporarily replaces an existing engine or boiler and the replacement units have a combined heat input capacity equal to or less than the existing units; or
2.The stationary source is an emergency generator that is to temporarily provide electrical power when the primary power source is disrupted or discontinued during an emergency due to circumstances beyond the control of the owner or operator of the facility; and,
3.The duration of operation will not exceed 180 days.
B.Application for a temporary permit shall be made by the owner or operator on forms furnished by the Director and shall be signed by:
1.For a corporation: a president, secretary, treasurer or vice-president 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 a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for the permit;
2.For a partnership or sole proprietorship: a general partner or the proprietor, respectively;
3.For a municipality, State, Federal or other public agency: either a principal executive officer or ranking elected official. For the purposes of this Part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
C.A separate application is required for each emission unit.
D.A temporary permit will be issued if the following conditions are met:
1.The owner or operator has submitted a complete application that provides all of the information requested on the form; and,
2.The owner or operator has provided the Department sufficient information to demonstrate that the requirements of § 9.7.7(A) of this Part are met.
9.7.8Expedited Processing of Minor Source Permit Applications
A.Any applicant for a minor source permit may request expedited processing of their permit application. In order to be eligible for expedited processing, the minor source permit application must contain all of the elements described in § 9.7.9 of this Part.
B.Prior to the submission of a minor source permit application for which expedited processing is requested, the applicant must request and, if required by staff of the Office of Air Resources, must attend a pre-application meeting with staff of the Office of Air Resources.
C.A minor source permit application for which expedited processing is requested that contains all of the elements described in § 9.7.9 of this Part shall be given priority in the handling and processing of the application.
9.7.9Applications and Required Information
A.Each minor source permit application, for which expedited processing is requested, must contain the following elements:
1.A completed application form for each installation and air pollution control system described in § 9.7.1 of this Part.
2.A detailed description of the proposed project and, if the project is to take place at an existing source, a description of the operations that take place at the existing source.
3.A calculation of the "potential to emit" of the proposed project and the “potential to emit” of any existing stationary source. Supporting calculations shall be included with the application.
4.A demonstration that:
a.The proposed new source is not a “major stationary source”; or,
b.The proposed modification to an existing stationary source is not a “major modification”.
c.Calculations supporting the demonstration shall be included.
5.Identification of the applicable state and federal air pollution control regulations the proposed project is subject to. For each regulation that is identified as applicable, the applicant must demonstrate how the proposed project is capable of complying with all applicable aspects of that regulation.
6.A demonstration that the stationary source will be in compliance with all applicable state or federal air pollution control rules or regulations at the time the stationary source or modification commences operation.
7.A Best Available Control Technology ("BACT") analysis. The applicant must perform an analysis, using the “top-down” method to ensure compliance with § 9.7.3(A)(1) of this Part. The applicant shall use a number of information sources to conduct this evaluation, including where applicable:
a.Published BACT determinations or guidelines of various state and local air pollution control agencies.
b.EPA's RACT/BACT/LAER Clearinghouse that contains information on BACT determinations made for mostly major projects.
c.Information obtained from other permitting authorities including those in the Connecticut, Maine, Massachusetts, Vermont, New Hampshire, New Jersey and New York.
8.An Air Quality Impact Analysis that demonstrates that:
a.Emissions from the stationary source will not cause or contribute to air pollution in violation of any applicable state or national ambient air quality standard; and,
b.Emissions from the stationary source will not cause an increase in the ground level ambient concentration at or beyond the property line in excess of that allowed by "Air Pollution Control Regulation No. 22 - Air Toxics" and any Calculated Acceptable Ambient Levels.
9.A new stationary source or a modification of an existing stationary source must conduct any studies required by the Guidelines for Assessing Health Risks from Proposed Air Pollution Sources.
10.A proposed draft permit. The proposed draft permit shall contain terms and conditions in the following areas: Emission Limitations, Operating Requirements, Monitoring Requirements, Testing Requirements and Recordkeeping and Reporting Requirements. An electronic version of the draft permit shall be included with the application.
B.The applicant shall provide electronic versions of any spreadsheets that are a part of the application.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.8** Major Source Permits: Requirements for Major Stationary Sources or Major Modifications in Nonattainment Areas {#sec-250-ricr-120-05-9-9.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.8}
9.8.1General Requirements
A.New major stationary sources or major modifications of volatile organic compounds or nitrogen oxides, proposed in areas designated as either nonattainment for ozone pursuant to 42 U.S.C. § 7407(d) (2018), (CAA § 107) or as part of an ozone transport region pursuant to 42 U.S.C. § 7511c(a) (2018), (CAA § 184(a)); or,
B.New major stationary sources or major modifications of sulfur dioxide, nitrogen dioxide, carbon monoxide or PM-10, proposed in areas designated as nonattainment pursuant to 42 U.S.C. § 7407 (2018), (CAA § 107(d)) for the pollutant for which the source or modification is major, must obtain a major source permit. The following conditions must be met for the issuance of a major source permit:
1.Except as provided in §§ 9.8.1(B)(1)(c) through (d) of this Part, the source must meet an emission limitation that is considered the lowest achievable emission rate. This lowest achievable emission rate will be based on technological factors and can be in the form of a numerical emission standard or a design, operational or equipment standard.
a.A new major stationary source shall apply the lowest achievable emission rate for each pollutant subject to the provisions of § 9.8.1 of this Part that it would have the potential to emit in major amounts. This provision applies to each new emissions unit at which emissions would occur.
b.The owner or operator of a source proposing a major modification shall apply the lowest achievable emission rate for each pollutant subject to the provisions of § 9.8.1 of this Part for which it would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation of the unit.
c.For applications for major modifications to a stationary source which has potential emissions equal to or greater than fifty (50) tons per year but less than one hundred (100) tons per year of volatile organic compounds or nitrogen oxides the source must apply BACT instead of LAER.
d.For applications for major modifications to a stationary source which has potential emissions greater than one hundred (100) tons per year of volatile organic compounds or nitrogen oxides the source must meet an emission limitation considered the lowest achievable emission rate unless internal offsets of such volatile organic compounds or nitrogen oxides are obtained at a ratio of at least 1.3 to 1, the source must then apply BACT instead of LAER.
2.The applicant must certify that all existing major stationary sources owned or operated by the applicant (or any entity controlling, controlled by, or under common control with the applicant) located within the state are in compliance with all applicable state and federal air pollution rules and regulations under the Clean Air Act and federally enforceable compliance schedules.
3.The applicant must provide evidence in accordance with § 9.8.2 of this Part that the total tonnage of emissions of the applicable nonattainment air pollutant allowed from the proposed new source or net emissions increase from the modification, shall be offset by a greater reduction in the actual emissions of such air pollutant from the same or other sources.
4.The emission offsets must:
a.Be approved by the Director, and be part of a federally enforceable permit, or part of an operating permit issued pursuant to 40 C.F.R. § 71 (2018) or under regulations approved pursuant to 40 C.F.R. § 70 (2018), or otherwise made part of the federally approved State Implementation Plan.
b.Be federally enforceable prior to the issuance of the major source permit.
c.Actually occur at the source of the offsets prior to the start-up date of the new source or modification.
d.Be at an offset ratio of at least 1.2 to 1 for VOCs and nitrogen oxides and at least 1.1 to 1 for all other nonattainment air pollutants.
e.Be obtained from the same stationary source or other sources in the same nonattainment area or in another nonattainment area provided that:
(1)the other nonattainment area has an equal or higher nonattainment classification than the area in which the source is located; and
(2)emissions from such other area contribute to a violation of the national ambient air quality standard in the nonattainment area in which the source is located.
f.When considered in conjunction with the proposed emissions increase, have a net air quality benefit in the area.
5.The applicant must submit an analysis of alternative sites, sizes, production processes, and environmental control techniques that demonstrate the benefits of the proposed source or modification significantly outweigh the environmental and social cost imposed as a result of its location, construction or modification.
6.New major stationary sources or major modifications for nitrogen oxides must demonstrate the conditions in §§ 9.9.1(A)(2) through (4) and §§ 9.9.2(A)(1) through (2) of this Part will be met.
7.The applicant must demonstrate that emissions from the stationary source will not cause an impact on the ground level ambient concentration at or beyond the property line in excess of that allowed by “Air Pollution Control Regulation No. 22 - Air Toxics" and any Calculated Acceptable Ambient Levels.
8.The applicant must conduct any studies required by the Guidelines for Assessing Health Risks from Proposed Air Pollution Sources and meet the criteria therein.
9.The applicant must demonstrate that the stationary source will be in compliance with all applicable state or federal air pollution control rules or regulations at the time the stationary source or modification commences operation.
9.8.2Emission Offset Demonstration
A.Credit for an emissions reduction may be claimed to the extent that such reduction has not been relied on in any permit already issued under 40 C.F.R. §§ 52 or 71 (2018) or regulations approved pursuant to 40 C.F.R. §§ 51 or 70 (2018) or the state has not relied on it in demonstrating attainment or reasonable further progress. Incidental emissions reductions which are not otherwise required under the Clean Air Act may be creditable as emissions reductions for such purposes if such emissions reductions meet the applicable requirements for emission offsets. Emission offsets can be achieved by reducing current actual emissions of a source to a point below the applicable emission limitations in effect at the time of submission of the application by:
1.Installing additional air pollution control equipment on an existing source currently operating but considered in compliance with regulations.
2.Initiating a process change that will result in a reduction of emissions.
3.Applying fugitive emission control measures that reduce actual emissions to less than is allowed by the applicable emission limitations in effect at the time of application.
4.Switching to a different type of fuel that will result in lowering the emission rate below the emission rate in effect at the time of application, if the applicant can demonstrate that:
a.an adequate long-term supply of the new fuel is available; and
b.the use of a specified alternative air pollution control measure would achieve the same degree of emission control in the event the source should switch back to the original fuel at a later date.
5.Permanently curtailing production or operating hours below levels that are specified in a federally enforceable document issued by the Department, subject to the restrictions provided in § 9.8.2(C) of this Part.
6.Permanently shutting down a facility, process or a source of emissions, subject to the restrictions provided in § 9.8.2(C) of this Part.
7.Establishing and supporting employer business travel control measures or employee commuter travel control measures that have quantifiable emission reductions that must be enforceable, permanent and surplus.
8.Adopting any other measures that can be used for emission offsets that have been approved by the Director.
B.Offset credit will not be given for the following:
1.Emission reductions that result from complying with existing or new rules and regulations, New Source Performance Standards, and National Emission Standards for Hazardous Air Pollutants or emission reductions otherwise required by, 42 U.S.C. § 7401, et seq. (2018).
2.Increasing the stack height of a stationary source beyond good engineering practice as defined by the U.S. Environmental Protection Agency.
3.The reduction of different pollutants, e.g. an increase in NO2 emissions cannot be offset by a reduction of SO2 emissions.
4.With respect to a proposed increase in VOC emissions, no offset credit shall be allowed for reductions in any organic compound specifically excluded from the definition of "VOC" in Part 0 of this Subchapter (General Definitions).
5.Reductions of volatile organic compound emissions from November 1 to March 31 of any year to substitute for emission increases that occur during the rest of the year.
6.Emission reductions that occurred prior to January 1, 1990.
C.Emissions reductions achieved by shutting down an existing source or curtailing production or operating hours below baseline levels may be credited provided that:
1.Such reductions are surplus, permanent, quantifiable and federally enforceable; and,
2.The state has an EPA approved attainment plan for the area. The emissions reductions achieved from a shutdown or curtailment may be credited in the absence of an approved attainment plan only if the shutdown or curtailment occurred on or after the date the new source permit application is filed or if the proposed new source is a replacement for the shutdown or curtailed source and if the shutdown or curtailment and if the shutdown or curtailment occurred after January 1, 1990, or the date of the most recent emissions inventory used in the plan's demonstration of attainment, whichever is later.
3.The shutdown or curtailment occurred after January 1, 1990, or the date of the most recent emissions inventory used in the State's attainment plan, whichever is later. The Director may choose to consider a prior shutdown or curtailment to have occurred after the applicable date, if the most recent emissions inventory explicitly includes as current existing emissions, the emissions from such previously shutdown or curtailed sources.
9.8.3Reasonable Further Progress
A.By the time the proposed major stationary source or major modification is to commence operation, sufficient offsetting emissions shall be in effect such that the total emissions from existing sources in the area, from new or modified sources which are not major stationary sources and from the proposed source will be sufficiently less than total emissions from existing sources prior to the application for the major source permit so as to represent (when considered together with the plan provisions required under U.S.C § 7502 (2018), (CAA § 172) reasonable further progress.
B.For the purposes of satisfying the requirements of this paragraph, the determination of total emissions at both the time prior to the application for a major source permit and the time the such permitted source or modification would commence operation, shall be made in a manner consistent with the assumptions in the RI State Implementation Plan approved by the EPA concerning baseline emissions for the demonstration of reasonable further progress and the attainment of the national ambient air quality standard for the particular pollutant subject to review under § 9.8.1 of this Part.
9.8.4General Prohibition
The Director shall not issue a major source permit pursuant to the provisions of § 9.8 of this Part if the Administrator of the Environmental Protection Agency has determined that the State Implementation Plan is not being adequately implemented for the nonattainment area in which the proposed source or modification is to be constructed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.9** Major Source Permits: Requirements for Major Stationary Sources or Major Modifications in Attainment or Unclassifiable Areas (PSD) {#sec-250-ricr-120-05-9-9.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.9}
9.9.1General Requirements
A.Major stationary sources or major modifications proposed in areas designated as attainment or unclassifiable for any pollutant for which there is a significant net emissions increase at the source or modification must obtain a major source permit. The following conditions must be met for the issuance of a major source permit:
1.Best Available Control Technology
a.A new major stationary source shall apply BACT for each pollutant it would have the potential to emit.
b.A major modification shall apply BACT for each pollutant for which there would be a net emissions increase at the source.
2.Air Quality Impact Analysis
a.The owner or operator of the proposed stationary source or modification shall demonstrate, by means of air quality modeling based on the applicable air quality models, data bases and other requirements specified in the EPA Guideline on Air Quality Models, that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emission increases or decreases (including secondary emissions), would not cause or contribute to:
(1)Air pollution in violation of any national ambient air quality standard; or
(2)Any increase in ambient concentrations exceeding the remaining available increment for the specified air contaminant.
b.The air quality impact analysis shall include the following:
(1)An analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants:
(AA)For the source, each pollutant that it would have the potential to emit in a significant amount;
(BB)For the modification, each pollutant for which it would result in a significant net emissions increase.
(2)The analysis shall include ambient air monitoring data that has been gathered over a period of one year and shall represent the year preceding submission of the application. Ambient air monitoring data collected for a time period of less than one (1) year (but not less than four (4) months) or for a time period other than the year immediately preceding submission of the application may be acceptable if such data is adequate for determining whether the source or modification will cause or contribute to a violation of any applicable national ambient air quality standard or consume more than the remaining available increment.
(3)For any pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Director determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.
(4)Ambient air monitoring data will not be required if:
(AA)The emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause air quality impacts less than the following amounts:
Carbon monoxide
575 µg/m3, 8-hr avg.
Nitrogen dioxide
14 µg/m3, ann. avg.
PM-10
10 µg/m3, 24-hr avg.
Sulfur dioxide
13 µg/m3, 24-hr avg.
Lead
0.1 µg/m3, 3-month avg.
Mercury
0.25 µg/m3, 24-hr avg.
Beryllium
0.001 µg/m3, 24-hr avg.
Fluorides
0.25 µg/m3, 24-hr avg.
Vinyl chloride
15 µg/m3, 24-hr avg.
Total reduced sulfur
10 µg/m3, 1-hr avg.
Hydrogen sulfide
0.2 µg/m3, 1-hr avg.
Reduced sulfur compounds
10 µg/m3, 1-hr avg.
(BB)The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed above.
(5)Upon request, the owner or operator shall provide information on:
(AA)The air quality impact of the source or modification including meteorological and topographical data necessary to estimate such impact; and
(BB)The air quality impacts and the nature and extent of any or all general commercial, residential, industrial and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.
3.Additional Impact Analysis
a.The owner or operator shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial and other growth associated with the source or modification. The sole criterion for determining if an application is approvable with regard to impairment to visibility and soils shall be compliance with applicable provisions of § 9.9.1(A)(4) of this Part. The sole criteria for determining if an application is approvable with regard to impairment to vegetation shall be compliance with all secondary national ambient air quality standards under § 9.9.1(A)(2)(a)((1)) of this Part and compliance with the applicable provisions of § 9.9.1(A)(4) of this Part.
b.The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the source or modification.
4.The owner or operator shall apply the applicable procedures of the Guidelines for Assessing the Welfare Impacts of Proposed Air Pollution Sources and meet the criteria therein.
5.The applicant must demonstrate that emissions from the stationary source will not cause an impact on the ground level ambient concentration at or beyond the property line in excess of that allowed by “Air Pollution Control Regulation No. 22 – Air Toxics” and any Calculated Acceptable Ambient Levels.
6.The applicant must conduct any studies required by the Guidelines for Assessing Health Risks from Proposed Air Pollution Sources and meet the criteria therein.
7.The applicant must demonstrate that the stationary source will be in compliance with all applicable state or federal air pollution control rules or regulations at the time the stationary source or modification commences operation.
9.9.2Increment Consumption
A.Increment consumption shall be governed by the following conditions:
1.All State Implementation Plan revisions or relaxations that consume increment must begin actual construction or begin operation at the increased emission rate, if no construction is necessary, within eighteen (18) months of final approval of the State Implementation Plan revision or relaxation.
2.If actual construction or operation has not begun within eighteen (18) months, a revised air quality impact analysis meeting the requirements of § 9.9.1(B) of this Part shall be submitted prior to actual construction or operation.
3.This revised air quality impact analysis shall take into account actual emission increases and decreases at any stationary source that occurred after the original air quality impact analysis had been submitted.
4.The Director may revoke the State Implementation Plan revision or relaxation, following the procedure in §§ 9.10(E) and (F) of this Part, if the revised air quality impact analysis shows that allowable emission increases from the State Implementation Plan revision or relaxation, in conjunction with all other applicable emission increases or decreases, would cause or contribute to:
a.air pollution in violation of any national ambient air quality standard; or
b.any increase in ambient concentrations exceeding the remaining available increment for the specified air contaminant.
5.The following concentrations shall be excluded in determining increment consumption:
a.Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. § 792 (a) and (b) (2018) over the emissions from such sources before the effective date of such an order:
b.Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date of such plan;
c.No exclusion of concentrations referred to in §§ 9.9.2(A)(2)(a) through (b) of this Part shall apply more than five (5) years after the effective date of the conversion;
d.Concentrations of total suspended particulate attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources;
e.Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen oxides or particulate matter from stationary sources which are affected by State Implementation Plan revisions meeting the following criteria:
(1)The duration of the State Implementation Plan revision shall not exceed thirty (30) months; and
(2)The duration of the exclusion is not renewable; and
(3)The emissions increase from the source would not cause or contribute to the violation of a national ambient air quality standard, impact a Class I area or impact an area where an applicable increment is known to be violated; and
(4)At the end of the State Implementation Plan revision, the emission levels from the source shall not exceed those levels occurring before the State Implementation Plan revision was approved.
9.9.3Applicability Exemptions
A.The requirements of § 9.9 of this Part shall not apply to a major stationary source or major modification if:
1.The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and such source is not one of the twenty-eight (28) named source categories identified in the definition "major stationary source" for attainment or unclassifiable areas; or
2.The source or modification is a portable stationary source which has previously received a permit under the requirements of § 9.9 of this Part; and if
a.the source proposes to relocate and the emissions from the source at the new location would be temporary; and
b.the emissions from the source would not exceed its allowable emissions; and
c.the emissions from the source would impact no area where an applicable increment is known to be violated; and
d.reasonable notice is given to the Director prior to the proposed relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Director not less than thirty (30) days in advance of the proposed relocation.
3.The requirements of §§ 9.9.1(A)(2) through (3) of this Part shall not apply to a major stationary source or major modification if, with respect to a particular pollutant, the allowable emissions of that pollutant from a new source, or the net emissions increase of that pollutant from a modification would be temporary and impact no area where an applicable increment is known to be violated.
9.9.4Impact on Nonattainment Areas
A.Any major stationary source or major modification, proposed to be located in an area designated as attainment or unclassifiable for the pollutant for which the source or modification is major, must comply with the provisions of § 9.8.1 of this Part if the proposed emission increase from the source or modification would result in an increase in the ambient concentration that would equal or exceed the following significance levels in an area that does not or would not meet the applicable national ambient air quality standard.
Averaging Time
Pollutant
Annual
24-Hr
8-Hr
3-Hr
1-Hr
SO2 (µg/m3)
1.0
5
-
25
-
PM-2.5 (µg/m3)
0.3
1.2
-
-
-
PM-10 (µg/m3)
1.0
5
-
-
-
NO2 (µg/m3)
1.0
-
-
-
-
CO (mg/m3)
-
-
0.5
-
2
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.10** Administrative Actions {#sec-250-ricr-120-05-9-9.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.10}
A.The Director shall act on a completed application for any permit required in this regulation and shall notify the applicant in writing of any action taken, including:
1.For minor source permits, except the construction or reconstruction of a 42 U.S.C. § 7412 (g) (2018), (CAA §112(g)) source:
a.Issuing the permit and notifying the applicant of the applicable sections of this regulation and any permit conditions with which the applicant must comply; or
b.Denying the application and notifying the applicant as to why the application has been denied.
2.For major source permits and the construction or reconstruction of a 42 U.S.C. § 7412 (g) (2018), (CAA § 112(g)) source:
a.Notifying the applicant that the application is complete.
b.Issuing a draft permit subject to the public participation procedures in § 9.16 of this Part.
c.Issuing a final permit after public participation procedures are completed and notifying the applicant of any subsequent changes to the permit.
d.Denying the application and notifying the applicant as to why a draft permit or a final permit will not be issued.
B.Any permit issued pursuant to this regulation shall allow the Director to:
1.Inspect the stationary source or air pollution control system to ensure that:
a.It is located as shown on the equipment location drawing; and
b.It is constructed and being operated as indicated on the application and as required by regulation or permit conditions.
2.Require the applicant to conduct emission tests to the specifications of the Director within sixty (60) days after the stationary source or air pollution control system achieves its maximum or normal operating rate, but not later than one hundred eighty (180) days after initial startup;
3.Require the applicant to install sampling ports;
4.Require the applicant to assure that emission testing can be conducted in a safe manner;
5.Require the applicant to install a sampling valve for boilers burning oil to facilitate sample collection; and
6.Impose conditions on the design, construction or operation of the source, including but not limited to:
a.Limitations on the hours of operation;
b.Limitations on allowable emissions from the stationary source;
c.Operation and maintenance criteria that are necessary to ensure that the maximum allowable emissions from the stationary source are not exceeded;
d.Require the use of instrumentation to monitor and record emission data;
e.Conditions to ensure the attainment or maintenance of applicable state or national ambient air quality standards;
f.Conditions to ensure that compliance with all applicable state and federal air pollution control rules and regulations is attained and maintained.
C.The Director shall cancel or revoke a permit under the following conditions:
1.Minor source permits shall be canceled if construction, installation or modification has not commenced within one (1) year from its date of issuance with the exception of those permits related to the development of property that were in effect on November 9, 2009, at the time of passage of R.I. Pub. Laws No. 2009-198 and 2009-199 in which case said permits shall expire on June 30, 2011.
2.Major source permits shall be canceled if construction, installation or modification has not commenced within eighteen (18) months from its date of issuance. For any person who, prior to March 24, 1993, was issued a permit for a major stationary source or major modification, the permit shall be canceled if construction, installation or modification has not commenced by September 24, 1994.
3.If the work involved in the construction, installation or modification has been suspended for one (1) year or more.
4.If results of an emission test would indicate that emission limitations cannot be achieved.
5.If the applicant has violated any of the conditions of the permit that would cause the source or air pollution control system to operate in such a manner that emission limitations could not be achieved.
6.If the emission offsets required under § 9.8.1(B)(3) of this Part have not actually occurred at the source of the offsets prior to the start-up date of the new source or modification.
D.An applicant may apply for an extension of the time limits in § 9.10(C) of this Part by filing a written request to the Director stating the reasons for the request. An extension may be granted for a period of not more than six (6) months for a minor source permit or eighteen (18) months for a major source permit.
E.If any application is denied, the applicant may appeal the decision to the Administrative Adjudication Division for Environmental Matters (AAD). Appeals must be filed with the AAD within thirty (30) days of the issuance of the Office of Air Resource's final decision.
F.All hearings shall be pursuant to the rules and regulations established by the Director and the rules and regulations established by the Administrative Adjudication Division for Environmental Matters. All hearings shall be heard before administrative adjudication hearing officers. All hearings shall be evidentiary hearings. All witnesses shall testify under oath and shall be subject to cross-examination.
G.Any conditions included with a permit shall have the full force and effect of rules and regulations.
H.Any person who receives a permit shall comply with all conditions included with the permit.
I.Failure to comply with all conditions included with a permit shall be considered failure to comply with this regulation.
J.The holder of an approved permit may not transfer it without prior written notification to the Director. Each new owner or operator or holder of the permit shall be responsible for complying with all applicable regulations and any permit conditions.
K.Issuance of a permit pursuant to the provisions of this regulation does not relieve the owner or operator from the responsibility to comply fully with any applicable state or federal air pollution control rules or regulations and any other requirements under local, state or federal law.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.11** Phased Construction Projects {#sec-250-ricr-120-05-9-9.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.11}
For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the least reasonable time which occurs no later than eighteen (18) months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.12** Stack Heights {#sec-250-ricr-120-05-9-9.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.12}
A.The degree of emission limitation required for control of any air pollutant under these regulations shall not be affected in any manner by:
1.So much of a stack height, not in existence before December 31, 1970, as exceeds good engineering practice; or
2.Any other dispersion technique not implemented before then.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.13** Post Construction Monitoring {#sec-250-ricr-120-05-9-9.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.13}
A.The owner or operator of a major stationary source or modification shall, after construction of the source or modification, conduct such ambient monitoring as the Director determines is necessary to determine the effect emissions from the source or modification may have or are having on air quality.
B.Monitoring conducted for the purposes of satisfying §§ 9.9.1(A)(2)(b)((2)) and 9.13(A) of this Part shall meet the requirements of Appendix B of 40 C.F.R. § 58 (2018).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.14** Relaxations {#sec-250-ricr-120-05-9-9.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.14}
At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the applicable requirements of §§ 9.8 or 9.9 of this Part shall apply to the source or modification as though construction had not yet commenced on the source or modification.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.15** Banking of Emissions {#sec-250-ricr-120-05-9-9.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.15}
A.The Director may credit a source with emission reductions that may be used at a later date for the purposes of meeting the emission offset provisions of § 9.8.1(B)(3) of this Part.
B.Emission reductions may not be banked by a source without prior approval of the Director and will be subject to the following conditions:
1.A request for banking emission reductions must provide information that demonstrates the nature of these reductions.
2.Emission reductions achieved prior to January 1, 1990, will not be subject to banking.
3.Emission reductions achieved during the time period between January 1, 1990, and March 24, 1993, may be banked providing the source can present to the Director an adequate demonstration of emission reductions.
4.Emission reductions achieved after March 24, 1993, may be banked if a request is submitted to the Director within six (6) months of the emission reduction.
5.Emission reductions shall be included as a condition of a federally enforceable permit.
6.Emission reductions must be achieved by a manner outlined in § 9.8.2(A) of this Part.
C.The Director shall notify the source of the approved emission reductions that are banked.
D.The Director shall maintain a file of approved banked emissions. The file shall be available for inspection during normal office hours given adequate notice.
E.Emission reductions may not be transferred unless approved in writing in advance by the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.16** Public Participation {#sec-250-ricr-120-05-9-9.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.16}
A.The following procedures shall be applicable to major source permit applications.
1.The Office of Air Resources shall review each application and shall give public notice of its intention to either issue a permit or deny the application. The draft permit or tentative denial, including all supporting documentation, shall be made available for public comment. Public notice shall be published in a newspaper of general circulation in the area in which the proposed source would be located. The Office of Air Resources shall make available for public inspection, in at least one location in the city or town where the source would be located, the information submitted by the owner or operator, the Office of Air Resources' analysis of the application and the draft permit or tentative denial.
2.A public hearing for interested persons to appear and submit written or oral comments on the draft permit or tentative denial shall be held if requested by any person, governmental subdivision or agency or by an association. The Director may also hold a hearing at his or her discretion, whenever he or she believes there is a significant degree of public interest in the proposed action. If held, a hearing shall take place no earlier than thirty (30) days nor later than sixty (60) days following initial public notice. Comments from the applicant and/or any interested persons shall be recorded at the public hearing. Written comments, to be considered part of the record, must be submitted during the public comment period. The public comment period shall commence on the date of initial public notice. The public comment period shall close thirty (30) days later, if no hearing is held. If a public hearing is held, the public comment period shall close at the close of the public comment hearing or on a date set by the Office of Air Resources.
3.Following the close of the public comment period, the Office of Air Resources shall issue or deny the permit in writing. The Office of Air Resources shall provide a written response to each substantive public comment.
4.The applicant and/or any person who provided substantive comment at any time during the public comment period may appeal the decision of the Office of Air Resources to the Administrative Adjudication Division for Environmental Matters provided, however, any person who shall demonstrate good cause for failure to participate and demonstrate that his/her interests shall be substantially impacted if prohibited from appearance in the appeal, may in the discretion of the AAD hearing officer be permitted to participate in the appeal process. Appeals must be filed with the AAD within thirty (30) days of the issuance of the Office of Air Resources' final decision.
5.The appeal shall be limited to those issues raised by the parties, provided, however, that upon good cause shown, the AAD hearing officer shall allow additional issues to be raised.
6.All appeals shall be pursuant to the rules and regulations established by the Director and the rules and regulations established by the Administrative Adjudication Division for Environmental Matters, provided, however, that all appeals shall contain precise statements of the issues presented on appeal and the specific part or parts of the decision of the Office of Air Resources which are challenged.
7.All appeals shall be heard before administrative adjudication hearing officers. All hearings shall be evidentiary hearings. All witnesses shall testify under oath and shall be subject to cross-examination.
B.All public notices shall contain the following minimum information:
1.Name and address of the permit applicant and if different, of the facility regulated by the proposed action.
2.A brief description of the activity described in the permit application.
3.Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, a fact sheet and the application.
4.A brief description of the procedures for public comment, a statement of the procedures for requesting a hearing and the time and place of any hearing that has already been scheduled.
5.The location and the times at which the application and all supporting documentation, including draft permit or notice of intent to deny the application and a fact sheet, will be available for public inspection.
6.The quantity and location of offsets, degree of increment consumption, and the determination of LAER.
C.At a minimum, a copy of the public notice shall be sent to:
1.The permit applicant;
2.The Regional Administrator of the EPA;
3.The chief executives of the city or town where the source would be located;
4.Any comprehensive regional land use planning agency;
5.Any State, Federal Land Manager or Indian Governing Body whose lands may be affected by emissions from the proposed source.
D.A fact sheet shall be prepared for each draft permit. The fact sheet shall include the following information, where applicable:
1.A brief description of the type of facility or activity which is the subject of the draft permit.
2.The type and quantity of pollutants which are proposed to be emitted from the facility or activity.
3.The degree of increment consumption expected to result from operation of the facility or activity.
4.The quantity and location of any offsets obtained by the facility or activity.
5.A brief summary of any permit conditions contained in the draft permit.
6.The beginning and ending dates of the public comment period and the address where comments will be received.
7.Procedures for requesting a hearing and the nature of that hearing.
8.The name and telephone number of a person to contact for additional information.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
##### **250-RICR-120-05-9 § 9.17** Appendix A: Minimum Quantities (pounds per year) and List of Federal Hazardous Air Pollutants (HAPs) {#sec-250-ricr-120-05-9-9.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-9#9.17}
CHEMICAL NAME
CAS #
Federal
HAP?i
Minimum Quantity
Acetaldehyde
75070
Y
50
Acetamide
60355
Y
5
Acetone
67641
N
20,000
Acetonitrile
75058
Y
200
Acetophenone
98862
Y
900
2-Acetylaminofluorene
53963
Y
0.09
Acrolein
107028
Y
0.07
Acrylamide
79061
Y
0.09
Acrylic acid
79107
Y
3
Acrylonitrile
107131
Y
1
Aldrin
309002
N
0.002
Allyl chloride
107051
Y
3
2-Aminoanthraquinone
117793
N
10
4-Aminobiphenyl
92671
Y
0.02
Ammonia
7664417
N
300
Aniline
62533
Y
3
o-Anisidine
90040
Y
2
Antimony & compoundsa, including antimony trioxide
Y
0.6
Aramite
140578
N
10
Arsenic & compoundsa (inorganic)
Y
0.02
Arsine
7784421
Y
0.2
Asbestos
1332214
Y
400b
Azobenzene
103333
N
3
Barium
7440393
N
2000
Benzene
71432
Y
10
Benzidine
92875
Y
0.002
Benzoic acid
65850
N
30,000
Benzotrichloride
98077
Y
0.03
Benzyl chloride
100447
Y
2
Beryllium & compoundsa
Y
0.04
Biphenyl
92524
Y
600
Bis (chloromethyl) ether
542881
Y
0.002
Bis (2-ethylhexyl) phthalate (DEHP)
117817
Y
40
Boron and borates
N
4
Bromates (including Potassium bromate)
N
0.8
Bromine and compoundsm (except Hydrogen bromide & Bromates)
N
200
Bromodichloromethane
75274
N
3
Bromoform
75252
Y
100
1,3-Butadiene
106990
Y
3
Butyl benzyl phthalate
85687
N
2,000
Cadmium & compoundsa
Y
0.07
Calcium cyanamide
156627
Y
100
Captan
133062
Y
100
Carbaryl
63252
Y
900
Carbon disulfide
75150
Y
2,000
Carbon tetrachloride
56235
Y
8
Carbonyl sulfide
463581
Y
70
Catechol
120809
Y
500
Chloramben
133904
Y
200
Chlordane
57749
Y
0.1
Chlorinated paraffins (avg length C12- C13, 60% chlorine)
108171262
N
4
Chlorine
7782505
Y
10
Chlorine dioxide
10049044
N
9
Chloroacetic acid
79118
Y
10
2-Chloroacetophenone
532274
Y
0.09
4-Chloroaniline
106478
N
30
Chlorobenzene
108907
Y
20,000
Chlorobenzilate
510156
Y
80
1-Chloro-1,1-difluoroethane (CFC 142B)
75683
N
36,500
Chlorodifluoromethane (HCFC-22)
75456
N
36,500
Chloroform
67663
Y
20
Chloromethyl methyl ether
107302
Y
0.1
2-Chlorophenol
95578
N
60
4-Chloro-o-phenylenediamine
95830
N
20
Chloropicrin
76062
N
10
Chloroprene
126998
Y
100
p-chloro-o-toluidine
95692
N
1
Chromium III & compoundsa, insoluble salts
Y
20,000
Chromium VI & compoundsa
Y
0.009
Cobalt & compoundsa
Y
0.1
Coke oven emissions
8007452
Y
0.2
Copper & compoundsa, except Copper cyanide
N
40
p-Cresidine
120718
N
2
Cresols/Cresylic acid isomers and mixtures (Methylphenols)
1319773
Y
20,000
Cumene
98828
Y
1,000
Cupferron
135206
N
2
Cyanide & compounds (inorganic)j m, except Hydrogen cyanide
Y
100
Cyclohexane
110827
N
20,000
2,4-Diaminoanisole
615054
N
20
2,4-Diaminotoluene
95807
N
0.1
Diazomethane
334883
Y
90
Dibromochloromethane
124481
N
100
1,2-Dibromo-3-chloropropane
96128
Y
0.05
Dibutylphthalate
84742
Y
700
1,2-Dichlorobenzene
95501
N
700
1,4-Dichlorobenzene (p-Dichlorobenzene)
106467
Y
10
3,3’-Dichlorobenzidene
91941
Y
0.3
Dichloro diphenyl dichloroethylene (DDE)
3547044
Y
1
cis- 1,2-Dichloroethene
156592
N
1,000
trans- 1,2-Dichloroethene
156605
N
300
Dichloroethyl ether (Bis (chloroethyl) ether)
111444
Y
0.3
2,4-Dichlorophenoxyacetic acid, salts & esters (2,4-D)
94757
Y
90
1,3-Dichloropropene
542756
Y
20
Dichlorvos
62737
Y
1
Dieldrin
60571
N
0.02
Diethanolamine
111422
Y
300
Diethyl sulfate
64675
Y
0.3
1,1-Difluoroethane (HCFC 152a)
75376
N
36,500
3,3’-Dimethoxybenzidine
119904
Y
0.09
p-Dimethyl aminoazobenzene
60177
Y
0.09
n,n-Dimethyl aniline
121697
Y
20
3,3’-Dimethyl benzidine
119937
Y
0.002
Dimethyl carbamoyl chloride
79447
Y
0.03
Dimethyl formamide
68122
Y
3,000
1,1-Dimethyl hydrazine
57147
Y
0.1
1,2-Dimethyl hydrazine
540738
N
0.0007
2,4-Dimethylphenol
105679
N
200
Dimethyl phthalate
131113
Y
1,000
Dimethyl sulfate
77781
Y
0.02
4,6-Dinitro-o-cresol
534521
Y
4
2,4-Dinitrophenol
51285
Y
10
2,4-Dinitrotoluene
121142
Y
1
1,4-Dioxane (1,4-Diethyleneoxide)
123911
Y
10
1,2-Diphenylhydrazine (Hydrazobenzene)
122667
Y
0.5
Epichlorohydrin
106898
Y
90
1,2-Epoxybutane
106887
Y
200
Ethyl acrylate
140885
Y
50
Ethyl benzene
100414
Y
9,000
Ethyl carbamate (Urethane)
51796
Y
0.3
Ethyl chloride (Chloroethane)
75003
Y
10,000
Ethylene dibromide (Dibromoethane)
106934
Y
0.2
Ethylene dichloride (1,2-Dichloroethane)
107062
Y
4
Ethylene glycol
107211
Y
700
Ethylene glycol monobutyl ether
111762
N
4,000
Ethylene glycol monoethyl ether
110805
Y
100
Ethylene glycol monoethyl ether acetate
111159
Y
40
Ethylene glycol monomethyl ether
109864
Y
30
Ethylene glycol monomethyl ether acetate
110496
Y
10,000
Ethylene imine (Aziridine)
151564
Y
0.005
Ethylene oxide
75218
Y
1
Ethylene thiourea
96457
Y
9
Ethylidene dichloride (1,1-Dichloroethane)
75343
Y
70
Fluorides & compoundsm, including Hydrogen fluoride
Y
7
Formaldehyde
50000
Y
9
Glutaraldehyde
111308
N
9
Glycol ethers, totalk (see also Minimum Quantities for individual glycol ethers)
Y
20,000
Heptachlor
76448
Y
0.009
Hexachlorobenzene
118741
Y
0.02
Hexachlorobutadiene
87683
Y
2
Hexachlorocyclohexanes, technical grade & mixed isomers
608731
Y
0.2
alpha-Hexachlorocyclohexane
319846
Y
0.07
beta-Hexachlorocyclohexane
319857
Y
0.2
gamma-Hexachlorocyclohexane (Lindane)
58899
Y
0.1
Hexachlorocyclopentadiene
77474
Y
20
Hexachloroethane
67721
Y
30
Hexamethylene-1,6-diisocyanate
822060
Y
0.6
Hexamethylphosphoramide
680319
Y
0.005
Hexane
110543
Y
20,000
Hydrazine
302012
Y
0.02
Hydrochloric acid (Hydrogen chloride)
7647010
Y
700
Hydrogen bromide
10035106
N
2,000
Hydrogen cyanide
74908
Y
100
Hydrogen sulfide
7783064
N
10
Hydroquinone
123319
Y
500
Isophorone
78591
Y
2,000
Isopropanol
67630
N
1,000
Lead & compoundsa, inorganic
Y
0.9
Lead – tetraethyl lead
78002
Y
9.E- 04
Maleic anhydride
108316
Y
4
Manganese & compoundsa
Y
0.2
Mercury & compoundsa – elemental & inorganic
Y
0.7
Mercury – Methyl mercury
22967926
Y
0. 3
Methanol
67561
Y
10,000
Methoxychlor
72435
Y
60
Methyl bromide (Bromomethane)
74839
Y
70
Methyl chloride (Chloromethane)
74873
Y
400
Methyl chloroform (1,1,1-Trichloroethane)
71556
Y
3,000
4,4-Methylene bis (2-chloroaniline)
101144
Y
0.2
Methylene chloride (Dichloromethane)
75092
Y
200
4,4-Methylenedianiline
101779
Y
0.2
Methylene diphenyl diisocyanate
101688
Y
70
Methyl ethyl ketone (2-Butanone)
78933
N
4,000
Methyl hydrazine
60344
Y
0.04
Methyl iodide (Iodomethane)
74884
Y
3,000
Methyl isobutyl ketone (Hexanone)
108101
Y
9,000
Methyl isocyanate
624839
Y
100
Methyl methacrylate
80626
Y
2,000
Methyl tert butyl ether (MTBE)
1634044
Y
3,000
Michler’s ketone (4,4’-Bis (dimethylamino) benzophenone)
90948
N
0.4
Fine mineral fibersc
Y
2,000
Molybdenum and compoundsa
N
60
Naphthalene
91203
Y
3
Nickel and compoundsa, except Nickel subsulfide
Y
0.4
Nickel subsulfide
12035722
Y
0.2
Nitric acid
7697372
N
30
Nitrobenzene
98953
Y
200
4-Nitrobiphenyl
92933
Y
0.002
4-Nitrophenol
100027
Y
10
2-Nitropropane
79469
Y
10
N-Nitrosodi-n-butylamine
924163
N
0.07
N-Nitrosodiethylamine
55185
N
0.002
N-Nitrosodimethylamine
62759
Y
0.008
N-Nitrosodiphenylamine
86306
N
40
N-Nitrosdi-n-propylamine
621647
N
0.05
N-Nitroso-n-methylethylamine
10595956
N
0.02
N-Nitroso-n-methylurea
684935
Y
0.003
N-Nitrosomorpholine
59892
Y
0.05
N-Nitrosopiperidine
100754
N
0.04
N-Nitrosopyrrolidine
930552
N
0.2
Parathion
56382
Y
10
Pentachloronitrobenzene (Quintozene)
82688
Y
30
Pentachlorophenol
87865
Y
7
Phenol
108952
Y
30
p-Phenylenediamine
106503
Y
20
Phosgene
75445
Y
0.9
Phosphine
7803512
Y
30
Phosphoric acid
7664382
N
800
Phosphorus, white
7723140
Y
0.2
Phthalic anhydride
85449
Y
2,000
Polychlorinated biphenyls (PCBs), except Aroclor 1254
1336363
Y
0.1
PCBs- Aroclor 1254
11097691
Y
0. 2
Polychlorinated dibenzo dioxins (PCDDs), polychlorinated dibenzo furans (PCDFs) and dioxin-like polychlorinated biphenyls (PCBs)
Y
3 X 10-7d
Polycyclic Organic Matter
Y
0.01e
1,3-Propane sultone
1120714
Y
0.1
beta-Propiolactone
57578
Y
0.02
Propionaldehyde
123386
Y
20
Propoxur (Baygon)
114261
Y
10
n-Propyl bromide (1-Bromopropane)
106945
N
10,000
Propylene
115071
N
36,500
Propylene dichloride (1,2-Dichloropropane)
78875
Y
10
Propylene glycol monomethyl ether (PGME)
107982
N
36,500
Propylene oxide
75569
Y
30
1,2-Propylenimine (2-Methyl aziridine)
75558
Y
0.01
Quinoline
91225
Y
0.1
Quinone
106514
Y
100
Radionuclidesl
Y
20,000
Selenium & compoundsa except Hydrogen selenide and Selenium sulfide
Y
2,000
Selenium – Hydrogen selenide
7783075
Y
2
Selenium sulfide
7446346
Y
20
Sodium hydroxide
1310732
N
3
Styrene
100425
Y
3,000
Styrene oxide
96093
Y
2
Sulfatesf
N
40
Sulfuric acid and Oleumg
N
40
1,1,1,2-Tetrachloroethane
630206
N
300
1,1,2,2-Tetrachloroethane
79345
Y
6,000
Tetrachloroethylene (Perchloroethylene)
127184
Y
20
Tetrachlorophenols
25167833
N
10,000
1,1,1,2-Tetrafluoroethane
811972
N
36,500
Thioacetamide
62555
N
0.07
Titanium tetrachloride
7550450
Y
10
Toluene
108883
Y
1,000
2,4-Toluene diamine (2,4-Diaminotoluene)
95807
Y
0.1
2,4-and 2,6-Toluene diisocyanateh
26471625
Y
8
o-Toluidine
95534
Y
2
Toxaphene (Chlorinated camphene)
8001352
Y
0.03
1,2,4-Trichlorobenzene
120821
Y
90
1,1,2-Trichloroethane
79005
Y
30
Trichloroethylene
79016
Y
50
Trichlorofluoromethane
75694
N
3,000
2,4,5-Trichlorophenol
95954
Y
900
2,4,6-Trichlorophenol
88062
Y
30
Triethylamine
121448
Y
800
Trifluralin
1582098
Y
90
2,2,4-Trimethylpentane
540841
Y
20,000
Vanadium and compoundsa
N
0.07
Vinyl acetate
108054
Y
600
Vinyl bromide
593602
Y
0.5
Vinyl chloride
75014
Y
20
Vinylidene chloride (1,1-Dichloroethylene)
75354
Y
600
Xylenes, isomers and mixtures
1330207
Y
3,000
Zinc and compoundsa
N
3,000
aFor metal compounds, Minimum Quantities apply to the metal portion of the compound.
bAsbestos units are fibers/year.
cFine mineral fibers are mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers or other mineral derived fibers of average diameter 1 micrometer (µm) or less.
dPCDD Minimum Quantity is in terms of 2,3,7,8-tetrachlorodibenzodioxin equivalents, calculated as specified in the Rhode Island Air Toxics Guideline.
ePolycyclic Organic Matter Minimum Quantity is in terms of benzo(a)pyrene equivalents, calculated as specified in the Rhode Island Air Toxics Guideline.
fSulfates MQ applies to ammonium bisulfate [(NH4)HSO4, CAS 7803-63-6], ammonium sulfate [(NH4)2SO4, CAS 7783-20-2], ferric sulfate [Fe(SO4)3, CAS 10028-22-5] and sodium sulfate [Na2SO4, CAS 7757-82-6]
gSulfuric acid and oleum MQ applies to sulfuric acid (H2SO4, CAS 7664-03-9), sulfur trioxide (SO3, CAS 7446-71-9) and oleum (H2SO4 + SO3, CAS 8014-95-7)
hIncludes 2,4-TDI (CAS 584849), 2,6-TDI (CAS 91087) and 2,4/2,6 mixtures (CAS 26471625)
iA “Y” in this column indicates that the substance is a Federal Hazardous Air Pollutant (HAP). Substances marked “N” are not Federal HAPs.
jXCN where X equals any group other than H where a formal dissociation may occur, such as KCN or Ca(Cn)2.
k Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2)n-OR' where
n = 1, 2, or 3
R = alkyl or aryl groups
R' = R, H, or groups which, when removed, yield glycol ethers with the structure: R-(OCH2CH)n-OH. Polymers are excluded from the glycol category.
lA type of atom which spontaneously undergoes radioactive decay.
m For bromine, cyanide and fluoride compounds, MQs apply to the bromine, cyanide or fluoride portion of the compound
Note: For all listings in the above table which contain the word "compounds" and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2018-04-05 to 01/04/2022 Click here to view previous versions of this Part.*
#### **250-RICR-120-05-12** Incinerators
##### **250-RICR-120-05-12 § 12.1** Purpose {#sec-250-ricr-120-05-12-12.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-12#12.1}
The purpose of this regulation is to limit particulate emissions from incinerators.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-12 § 12.2** Authority {#sec-250-ricr-120-05-12-12.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-12#12.2}
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-12 § 12.3** Application {#sec-250-ricr-120-05-12-12.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-12#12.3}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-12 § 12.4** Severability {#sec-250-ricr-120-05-12-12.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-12#12.4}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-12 § 12.5** Definitions {#sec-250-ricr-120-05-12-12.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-12#12.5}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1."Dry sludge" means the total solids residue determined in accordance with "224 G. Method for Solid and Semisolid Samples," Standard Methods for the Examination of Water and Wastewater, Thirteenth Edition, American Public Health Association, Inc., New York, New York,1971, pp. 539-41, such that:
a.Evaporating dishes shall be ignited to at least 103ºC rather than the 550ºC specified in step 3 (a) (1);
b.Determination of volatile residue, step 3 (b) may be deleted.
2."Hazardous material" means any material or combination of materials of a solid, liquid, contained gaseous, or semisolid form that because of quantity, concentration, or physical, chemical or other characteristics may:
a.Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or,
b.Pose a substantial present or potential hazard to human health or the environment.
c.Such materials include, but are not limited to, those that are toxic, corrosive, flammable, irritants, strong sensitizers, substances that are assimilated or concentrated in and are detrimental to tissue or that generate pressure through decomposition or chemical reaction.
3."Large incinerator" means an incinerator having a capacity of 2,000 pounds or more per hour operated for the thermal degradation of Types 0, 1, 2 and 3 refuse.
4."Multiple chamber incinerator" means an incinerator with two or more refractory-lined combustion chambers in series separated physically by refractory walls, interconnected by gas passages, and employing adequate design parameters necessary for maximum combustion of the refuse materials.
5."Pathological incinerator" means an incinerator designed for the thermal degradation of pathological waste (Type 4 refuse).
6."Sewage sludge incinerator" means an incinerator designed for the thermal degradation of the sludge produced by municipal sewage treatment facilities.
7."Single chamber flue-fed incinerator" means an incinerator with one combustion chamber and a single flue that serves as both the charging chute and the flue to transport products of combustion to the atmosphere.
8."Small incinerator" means an incinerator having a capacity of less than 2,000 pounds per hour operated for the thermal degradation of Types 0, 1, 2 and 3 refuse.
9.“Special incinerator" means an incinerator designed for the thermal degradation of Types 5 and 6 refuse.
10."Type O refuse" means trash, consisting of a mixture of highly combustible refuse such as paper, cardboard, cartons, wood boxes and combustible floor sweepings, containing approximately ten percent (10%) moisture and five percent (5%) incombustible solids, and having a heating value of approximately 8,500 Btu per pound as fired, and deriving from commercial and industrial activities. The mixtures contain up to ten percent (10%) by weight of plastic bags, coated paper, laminated paper, treated corrugated cardboard, oily rags and plastic or rubber scraps.
11."Type 1 refuse" means rubbish, consisting of a mixture of combustible refuse such as paper, cardboard, cartons, wood scraps, foliage and combustible floor sweepings, containing approximately 25 percent (25%) moisture and ten percent (10%) combustible solids and having a heating value of approximately 6,500 Btu per pound as fired, and deriving from domestic, commercial and industrial activities. The mixture contains up to twenty percent (20%) by weight of restaurant or cafeteria refuse but contains little or no treated paper, plastic or rubber refuse.
12."Type 2 refuse" means refuse, consisting of an approximately even mixture of rubbish and garbage by weight, containing up to fifty percent (50%) moisture and approximately seven percent (7%) incombustible solids, and having a heating value of approximately 4,300 Btu per pound as fired, and commonly deriving from apartment and residential occupancy.
13."Type 3 refuse" means garbage, consisting of animal and vegetable refuse containing up to seventy percent (70%) moisture and up to five percent (5%) incombustible solids and having a heating value of approximately 2,500 Btu per pound as fired and deriving from restaurants, cafeterias, hotels, hospitals, markets and like installations.
14."Type 4 refuse" means human and animal remains, consisting of carcasses, organs, and solid organic refuse from hospitals, laboratories, abattoirs, animal pounds, and similar sources and any matter or materials involving or pertaining to disease or disease-producing organisms, including infectious agents and helminths.
15."Type 5 refuse" means gaseous, liquid or semi-liquid by-product refuse from industrial operations not defined as a hazardous material.
16."Type 6 refuse" means solid by-product refuse from industrial operations not defined as a hazardous material.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-12 § 12.6** Applicability and Exemptions {#sec-250-ricr-120-05-12-12.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-12#12.6}
A.Except as provided in § 12.6(B) of this Part, any incinerator, except residential incinerators and those used for the degradation of hazardous materials, must comply with the provisions and limitations of this regulation.
B.Any incinerator subject to §§ 39.3 through 39.10 of "Rhode Island Air Pollution Control Regulation No. 39 - Hospital/Medical/Infectious Waste Incinerators" is not subject to this regulation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-12 § 12.7** Emission Standards {#sec-250-ricr-120-05-12-12.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-12#12.7}
12.7.1Small Incinerators
No person shall construct, install, use or cause to be used any small incinerator that will emit more than 0.16 gr/dscf (0.36 g/dscm) of particulate matter corrected to 12 percent (12%) CO2, maximum two-hour average.
12.7.2Large, Pathological and Special Incinerators
No person shall construct, install, use or cause to be used any large, pathological or special incinerator that will emit more than 0.08 gr/dscf (0.18 g/dscm) of particulate matter corrected to twelve percent (12%) CO2, maximum two-hour average.
12.7.3Particulate Emissions from Sewage Sludge Incinerators
No person shall construct, install, use or cause to be used any sewage sludge incinerator that will emit more than 1.30 pounds of particulate matter per ton of dry sludge input.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-12 § 12.8** Permit to Construct {#sec-250-ricr-120-05-12-12.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-12#12.8}
A.No person shall construct, install, use or cause to be used any incinerator unless it is a type approved by the Director for being effective for air pollution control.
B.No person shall construct, install or operate any incinerator before the following minimum information has been submitted to the Director:
1.Design parameters of the incinerator;
2.Design drawings of the incinerator;
3.Design specifications of air pollution control equipment;
4.Types of waste proposed to be incinerated; and,
5.Any other information required by the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-12 § 12.9** Determination of Compliance {#sec-250-ricr-120-05-12-12.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-12#12.9}
A.Compliance with § 12.7 of this Part shall be determined by one of the following procedures:
1.Emission testing conducted by the owner or operator of the source according to 40 C.F.R. § 60, Appendix A, Method 5 or by another method that has the prior approval of or is required by the Director;
2.Technical evaluation based on such factors which may include type(s) of refuse burned; design of the incinerator, design efficiency of air pollution control systems, and emission test results on similar incinerators;
3.Any other emission testing method as required and approved by the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-12 § 12.10 Prohibitions** 12.10 Prohibitions {#sec-250-ricr-120-05-12-12.10-prohibitions omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-12#12.10 Prohibitions}
No person shall construct, install, use or cause to be used any single chamber flue-fed incinerator.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-12 § 12.11 Hazardous Waste Incinerators** 12.11 Hazardous Waste Incinerators {#sec-250-ricr-120-05-12-12.11-hazardous-waste-incinerators omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-12#12.11 Hazardous Waste Incinerators}
Rules and regulations governing the incineration of hazardous waste are contained in the Office of Waste Management’s regulations entitled “Rules and Regulations for Hazardous Waste Management” Part 140-10-1 of this Title.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-14** Record Keeping and Reporting
##### **250-RICR-120-05-14 § 14.1** Purpose and Authority {#sec-250-ricr-120-05-14-14.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-14#14.1}
14.1.1Purpose
The purpose of this regulation is to specify the record keeping and reporting requirements that apply to stationary sources that emit air contaminants.
14.1.2Authority
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2003-12-02 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 12/02/2003*
##### **250-RICR-120-05-14 § 14.2** Application {#sec-250-ricr-120-05-14-14.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-14#14.2}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2003-12-02 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 12/02/2003*
##### **250-RICR-120-05-14 § 14.** 3 Severability {#sec-250-ricr-120-05-14-14. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-14#14.}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2003-12-02 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 12/02/2003*
##### **250-RICR-120-05-14 § 14.** 4 Definitions {#sec-250-ricr-120-05-14-14. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-14#14.}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1."Actual emissions" means the actual calculated or measured rate of emissions of a pollutant from an emissions unit for the calendar year or seasonal period. Actual emission estimates must include upsets, downtime, and fugitive emissions if applicable.
2."Certifying individual" means the individual responsible for the completion and certification of the emission statement (e.g. officer of the company) and who will take legal responsibility for the emission statement's accuracy.
3."Overall control efficiency" means the percent control efficiency which accounts for both the percent emissions reduction as measured across the control device, and percent capture efficiency of the control device.
4."Peak ozone season" means the months of June, July, and August, during which conditions for photochemical ozone formation are most favorable.
5."Percentage annual throughput" means the weighted percent of yearly activity for the following periods:
a.December of the previous year to February of the reporting year
b.March to May
c.June to August
d.September to November
6."SIC code" means a Standard Industrial Classification code, as described in the Standard Industrial Classification Manual, 1987.
7."Typical ozone season day" means a day typical of the months of June, July and August with respect to operations, emissions, control equipment operation, and process rate.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2003-12-02 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 12/02/2003*
##### **250-RICR-120-05-14 § 14.5** Fundamental Record Keeping and Reporting {#sec-250-ricr-120-05-14-14.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-14#14.5}
14.5.1 Requirements
The owner or operator of any facility that emits air contaminants shall, at the request of the Director, provide data on operational processes, fuel usage, raw materials, stack dimensions, exhaust gas flow rates and temperatures, emissions of air contaminants, steam or hot water generator capacities, types of equipment producing air contaminants and air pollution control systems or other data that may be necessary to determine if the facility is in compliance with air pollution control regulations. These records shall be maintained at the facility for a period of five (5) years.
14.5.2Submission of Information
The information recorded by the owner or operator of a facility pursuant to the requirements of § 14.5.1 of this Part shall be summarized and reported at least annually to the Director. It shall be submitted by April 15th unless otherwise specified.
14.5.3Use of Submitted Information
Information obtained from owners or operators of facilities pursuant to § 14.5.1 of this Part will be correlated with applicable emission limitations and other applicable emissions information and will be available for public inspection.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2003-12-02 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 12/02/2003*
##### **250-RICR-120-05-14 § 14.** 6 Emission Statements {#sec-250-ricr-120-05-14-14. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-14#14.}
14.6.1Applicability
The owner or operator of any facility emitting VOC or NOx which has or has had actual facility-wide emissions of 25 tons per year or more of either pollutant in 1990 or any year thereafter, shall submit annually an emission statement which includes both pollutants, in accordance with the requirements of § 14.6.2 of this Part. Emission statements shall be submitted to the Director on April 15th of each year unless otherwise specified. Emission statements shall be submitted for the calendar year 1992 and for every year thereafter. A facility may apply to the Office of Air Resources to be allowed to discontinue submitting annual emission statements if actual emissions at that facility decrease to below 10 tons per year as a result of a permanent process change.
14.6.2Emission Statement Requirements
A.Each facility subject to this section shall submit an emission statement in a format approved by the Director. The emission statement shall contain the following information:
1.A certification that the information contained in the emission statement is accurate and complete to the best knowledge of the certifying individual.
2.The full name, title, signature, date of signature, and telephone number of the certifying individual.
3.Facility identification information, including the full name, physical location, mailing address, latitude, longitude, and four digit SIC code(s).
4.Process data pertaining to each process emitting VOC and/or NOx, including:
a.Annual and typical ozone season daily fuel use,
b.Annual and typical ozone season daily process rate(s), and,
c.Process throughput while air pollution control equipment was not in operation.
5.Operating data pertaining to each process emitting VOC and/or NOx during the reporting year, including:
a.Percentage annual throughput,
b.Average hours of operation per day during the reporting year and on a typical ozone season day,
c.Average number of days of operation per week during the reporting year and during a typical ozone season week, and,
d.Weeks of operation during the reporting year and during the peak ozone season.
6.Control equipment information, including:
a.Specific primary and secondary control equipment for each process emitting VOC and/or NOx,
b.Current overall control efficiency for each piece of control equipment (indicated by percent capture and percent destruction or removal), and,
c.Control equipment downtime during the reporting year and during the peak ozone season.
7.Emissions information, including:
a.Actual annual and typical ozone season daily emissions of VOC and NOx for each process. Emissions should be reported in tons per year and in pounds per day.
b.A description of the emission calculation method and, if applicable, emission factor(s) used, and,
c.The calendar year for which emissions are reported.
8.Any additional information required by the Director to document the facility's emission statements.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2003-12-02 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 12/02/2003*
#### **250-RICR-120-05-16** Operation of Air Pollution Control Systems
##### **250-RICR-120-05-16 § 16.1** Purpose and Authority {#sec-250-ricr-120-05-16-16.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-16#16.1}
16.1.1Purpose
The purpose of this regulation is to specify the requirements for the operation of and response to malfunction of air pollution control systems.
16.1.2Authority
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Amendment — effective from 2024-02-18 to current*
- *Periodic Refile — effective from 2022-01-04 to 02/18/2024*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-16 § 16.2** Definitions {#sec-250-ricr-120-05-16-16.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-16#16.2}
Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions).
**History**
- *Amendment — effective from 2024-02-18 to current*
- *Periodic Refile — effective from 2022-01-04 to 02/18/2024*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-16 § 16.3** Approved Operation {#sec-250-ricr-120-05-16-16.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-16#16.3}
Any air pollution control system shall be operated according to its design specifications whenever the source on which it is installed is in operation or is emitting air contaminants.
**History**
- *Amendment — effective from 2024-02-18 to current*
- *Periodic Refile — effective from 2022-01-04 to 02/18/2024*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-16 § 16.4** Malfunctions {#sec-250-ricr-120-05-16-16.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-16#16.4}
In the case of malfunction of any air pollution control system, all reasonable measures shall be taken to assure resumption of the designed control efficiency as soon as possible. Excess emissions during a malfunction shall be considered a violation.
**History**
- *Amendment — effective from 2024-02-18 to current*
- *Periodic Refile — effective from 2022-01-04 to 02/18/2024*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-17** Odors
##### **250-RICR-120-05-17 § 17.1** Purpose and Authority {#sec-250-ricr-120-05-17-17.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-17#17.1}
17.1.1Purpose
The purpose of this regulation is to prohibit the release of an air contaminant which may create an objectionable odor beyond the source’s property line.
17.1.2Authority
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-17 § 17.** 2 Application {#sec-250-ricr-120-05-17-17. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-17#17.}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-17 § 17.** 3 Severability {#sec-250-ricr-120-05-17-17. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-17#17.}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-17 § 17.** 4 Definitions {#sec-250-ricr-120-05-17-17. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-17#17.}
Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-17 § 17.** 5 Prohibitions {#sec-250-ricr-120-05-17-17. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-17#17.}
No person shall emit or cause to be emitted into the atmosphere any air contaminant or combination of air contaminants which creates an objectionable odor beyond the property line of said person.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-17 § 17.** 6 Odor Evaluations {#sec-250-ricr-120-05-17-17. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-17#17.}
A staff member of the Department shall determine by personal observation if an odor is objectionable, taking into account its nature, concentration, location, duration and source.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-19** Control of Volatile Organic Compounds from Surface Coating Operations
##### **250-RICR-120-05-19 § 19.1** Purpose and Authority {#sec-250-ricr-120-05-19-19.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.1}
19.1.1Purpose
A.The purpose of this regulation is to limit the emissions of volatile organic compounds from coating operations.
19.1.2Authority
A.These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 19.** 2 Repealed {#sec-250-ricr-120-05-19-19. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.}
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 19.** 3 Repealed {#sec-250-ricr-120-05-19-19. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.}
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 19.4** Incorporated Materials {#sec-250-ricr-120-05-19-19.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.4}
These regulations hereby adopt and incorporate 40 C.F.R. § 60 Appendix A-7 Methods 24, 24A, 25, 25A, and 25B (2023) 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.
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 19.5** Definitions {#sec-250-ricr-120-05-19-19.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.5}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1."Actual emissions" means the quantity of volatile organic compounds emitted from a source during a particular time period.
2."Adhesion primer" means a coating that is applied to a polyolefin part to promote the adhesion of a subsequent coating. An adhesion prime is clearly identified as an adhesion prime or adhesion promoter on its accompanying material safety data sheet.
3."Air-dried coating" means a coating that is dried by the use of air or forced warm air at temperatures up to ninety degrees Celsius (90ºC) or one hundred and ninety-four degrees Fahrenheit (194ºF).
4.“Airless spray application” means a coating spray application system using high fluid pressure, without compressed air, to atomize the coating.
5.“Air-assisted airless spray application” means a coating spray application system using fluid pressure to atomize the coating and low-pressure air to adjust the shape of the spray pattern.
6.“Antifouling coating” means a coating applied to the underwater portion of a pleasure craft to prevent or reduce the attachment of biological organisms and registered with the United States Environmental Protection Agency (EPA) as a pesticide under 7 U.S.C. § 136 (Federal Insecticide, Fungicide, and Rodenticide Act).
7.“Antifouling sealer" or "tie coat” means a coating applied over biocidal antifouling coating for the purpose of preventing release of biocides into the environment or to promote adhesion between an antifouling coating and a primer or another antifouling coating.
8.“As-applied” means the composition of coating at the time it is applied to a substrate, including any solvent, catalyst or other substance added to the coating as supplied by the manufacturer calculated using the procedure in §§ 19.13(A) or (B) of this Part.
9.“Baked” means cured at a temperature at or above ninety degrees Celsius (90ºC) or one hundred ninety-four degrees Fahrenheit (194ºF).
10.“Business machine” means a device that uses electronic or mechanical methods to process information, perform calculations, print or copy information or convert sound into electrical impulses for transmission, including devices listed in standard industrial classification numbers 3572, 3573, 3574, 3579, and 3661 and photocopy machines, a subcategory of standard industrial classification number 3861.
11.“Camouflage coating” means a coating used, principally by the military, to conceal equipment from detection.
12.“Capture efficiency” means the ratio of VOC emissions delivered to the control device to the total VOC emissions resulting from the coating and related cleaning, expressed as a percentage.
13."Class II hardboard paneling finish" means finishes that meet the specifications of Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute.
14."Clear coating" means a coating which lacks color and opacity or is transparent and which uses the undercoat as a reflective base or undertone color.
15.“Clear wood finishes” means a clear and semi-transparent topcoat applied to a wood substrate to provide a transparent or translucent film.
16."Coating” means a material that is deposited in a thin, persistent, uniform layer across the surface of a substrate for aesthetic, protective or functional purposes, including but not limited to, paints, primers, inks and maskants.
a.“Coating” does not include protective oils, acids and bases.
17."Coating applicator" means a device, mechanism, or apparatus used to apply a coating. Common types of application techniques include knife, roll, spray or dip.
18."Coating of plastic parts of automobiles and trucks" means the coating of any plastic part that is or shall be assembled with other parts to form an automobile or truck.
19."Coating of plastic parts of business machines" means the coating of any plastic part that is or shall be assembled with other parts to form a business machine.
20."Coating unit" means a series of one or more coating applicators and any associated drying area and/or oven wherein a coating is applied, dried, and/or cured. A coating unit ends at the point where the coating is dried or cured, or prior to any subsequent application of a different coating. It is not necessary for a coating unit to have an oven or flash-off area.
21."Coil coating" means the application of a coating to any continuous metal strip with thickness of 0.006 inch or more that is packaged in a roll or coil.
22.“Dip coating” means a method of applying a coating to a surface by submersion into and removal from a coating bath.
23."Drum" means any cylindrical metal shipping container of 13- to 110-gallon capacity.
24.“Electric dissipating coating” means a coating that rapidly dissipates a high-voltage electric charge.
25.“Electric-insulating and thermal-conducting coating” means a coating that displays an electrical insulation of at least one thousand (1000) volts DC per mil on a flat test plate and an average thermal conductivity of at least 0.27 BTU per hour-foot-degree-Fahrenheit.
26."Electric-insulating varnish" means a non-convertible-type coating applied to electric motors, components of electric motors, or power transformers, to provide electrical, mechanical, and environmental protection or resistance.
27.“Electrostatic application” means a method of applying coating particles or coating droplets to a grounded surface by electrically charging such particles or droplets.
28."Electrostatic prep coat" means a coating that is applied to a plastic part solely to provide conductivity for the subsequent application of a prime, a topcoat, or other coating through the use of electrostatic application methods. An electrostatic prep coat is clearly identified as an electrostatic prep coat on its accompanying material safety data sheet.
29.“EMI/RFI shield coating” means a coating that functions to attenuate electromagnetic interference, radio frequency interference signals or static discharge.
30."Emission baseline" means a level of emissions calculated by multiplying two factors:
a.The lowest of the source's actual or allowable emission rate in emissions per unit of production; and,
b.The source's actual capacity utilization, or units of production, over some representative time period. Generally, the time period is the preceding two-year average unless the source can demonstrate that those years were not representative of historical production.
31.“Etching filler” means a coating that contains less than twenty-three percent (23%) solids by weight and at least 0.5% acid by weight and is used as a substitute for the application of a pretreatment coating followed by a primer.
32.“Extreme high gloss coating” means any coating which achieves greater than ninety percent (90%) reflectance on a sixty degree (60°) meter when tested by ASTM Method D 523-89.
33."Extreme performance coatings" means coatings intended for exposure to any of the following; outdoor weather conditions all of the time, temperatures frequently above ninety-five degrees Celsius (95ºC) or two-hundred and three degrees Fahrenheit (203ºF), detergents, abrasive and scouring agents, solvents, corrosive atmospheres, or similar environmental conditions.
34."Exterior siding" means siding, such as clapboard, made from a single layer of sawn natural wood. This siding may have glued joints, such as finger joints, to allow for the removal of defects, such as knots.
35.“Fabric coating” means the coating of a textile substrate with a knife, roll or rotogravure coater to impart properties that are not initially present, such as strength, stability, water or acid repellency, or appearance.
36.“Finish primer or surfacer” means a coating applied with a wet film thickness of less than ten (10) millimeters prior to the application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, a moisture barrier or promotion of a uniform surface necessary for filling in surface imperfections.
37.“Flat wood paneling” means any of the following flat wood products: exterior wood siding, including engineered wood exterior siding and solid wood exterior siding, interior Class I hardboard tileboard, interior Class II hardboard, natural finish hardwood plywood, printed interior panels made of hardwood plywood or thin particleboard.
38."Flexible coating" means any coating that is required to comply with engineering specifications for impact resistance, mandrel bend, or elongation as defined by the original equipment manufacturer.
39.“Flexible primer” means a primer with elastomeric qualities that provides a compatible, flexible substrate over bonded sheet rubber and rubber-type coatings.
40.“Flow coating” means a non-atomized technique of applying coating to a substrate using a fluid nozzle in a fan pattern with no air supplied to the nozzle.
41.“Fog coat" means a coating that is applied to a plastic part at a thickness of no more than 0.5 mils of coating solids for the purpose of color matching without masking a molded-in texture.
42."Gloss reducer" means a coating that is applied to a plastic part solely to reduce the shine of the part. A gloss reducer shall not be applied at a thickness of more than 0.5 mils of coating solids.
43."Hardboard" means a panel manufactured primarily from inter-felted ligno-cellulosic fibers that are consolidated under heat and pressure in a hot press.
44."Hardwood plywood" means plywood whose surface layer is a veneer of hardwood.
45.“Heat-resistant coating” means a coating that is required to withstand a temperature of at least 204.5°C (400°F) during normal use.
46."High build primer or surfacer” means a coating applied with a wet film thickness of ten (10) millimeters or more prior to the application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, a moisture barrier or promotion of a uniform surface necessary for filling in surface imperfections.
47."High-gloss coating" means a coating that achieves at least eight-five percent (85%) reflectance on a sixty (60) degree meter when tested by ASTM Method D-523.
48."High-temperature coating" means a coating that during normal use must withstand a temperature of at least four hundred twenty-six degrees Celsius (426°C) of eight-hundred degrees Fahrenheit (800°F).
49.“HVLP spray application” means to apply a coating using a high-volume, low-pressure spray application system that is designed to operate at air pressures between 0.1 and 10 pounds per square inch gauge, measured dynamically at the center of the air cap and the air horns.
50.“Knife coating” means the application of a coating material to a substrate by means of drawing the substrate beneath a knife that spreads the coating evenly over the full width of the substrate.
51."Large appliance coating" means the application of a coating to the surface of component metal parts (including, but not limited to, doors, cases, lids, panels and interior parts) of any residential or commercial washer, dryer, freezer, range, refrigerator, water heater, dishwasher, trash compactor, air conditioner, or other similar products under Standard Industrial Classification Code 363.
a.Large appliance coating does not include the use of quick drying lacquers for repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed 0.25 gallons in any one 8-hour period.
52."Magnet wire coating" means the application of a coating in which an electrically insulating varnish or enamel is applied onto the surface of a wire for use in electrical machinery.
53."Metal furniture coating" means the application of a coating to any furniture piece made of metal or any metal part that will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece including, but not limited to, tables, chairs, waste baskets, beds, desk, locker, benches, shelving, file cabinets, and room dividers.
54.“Metallic coating” means a coating that contains more than five (5) grams of metal particle per liter of coating, as-applied;
55."Military specification coating" means a coating which has a formulation approved by a United States Military Agency for use on military equipment.
56."Miscellaneous metal and plastic parts coating" means a coating applied to the surface of a varied range of metal and plastic parts and products constructed either entirely or partially from metal or plastic. These miscellaneous metal products and plastic parts include, but are not limited to, metal and plastic components of the following types of products as well as the products themselves:
a.Automotive or transportation equipment;
b.Bicycles and sporting goods;
c.Construction equipment;
d.Electronic equipment;
e.Extruded aluminum structural components;
f.Fabricated metal products (metal covered doors, frames, etc.);
g.Interior or exterior automotive parts;
h.Laboratory and medical equipment;
i.Lawn and garden equipment;
j.Motor vehicle accessories;
k.Recreational vehicles;
l.Pleasure craft or recreational boats;
m.Small and large farm machinery (harvesting, fertilizing and planting machines, tractors, combines, lawn and garden tractors, lawn mowers, rototillers, etc.);
n.Small appliances (fans, mixers, blenders, crock pots, dehumidifiers, vacuum cleaners, etc.);
o.Commercial machinery (business machines. office equipment, computers and auxiliary equipment, typewriters, calculators, vending machines, etc.);
p.Toys;
q.Steel drums; and
r.Metal pipes.
s.Miscellaneous metal or plastic parts or product coating does not include:
(1)Aerospace coating;
(2)Automotive refinishing subject to Part 30 of this Subchapter (Control of Volatile Organic Compounds from Automobile Refinishing Operations);
(3)Architectural and industrial maintenance coating subject to Part 33 of this Subchapter (Control of VOC from Architectural Coatings and Industrial Maintenance Coatings);
(4)Wood furniture coating subject to Part 35 of this Subchapter (Control of Volatile Organic Compounds and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations);
(5)Industrial adhesives and sealants subject to Part 44 of this Subchapter (Control of VOC from Adhesives and Sealants);
(6)Can, coil, large appliance, magnet wire, and metal furniture coating and cleaning operations subject to specific separate requirements in this Part;
(7)Fiberglass boat manufacturing materials subject to Part 51 of this Subchapter (Control of Volatile Organic Compound Emissions from Fiberglass Boat Manufacturing);
(AA)Specifically, the miscellaneous metal products and plastic parts categories do not include gel coats applied to fiber-reinforced plastic (fiberglass composite) products removed from the mold or used as in-mold coatings in the production of fiberglass parts and body fillers and putties used to repair surface defects in fiberglass composite parts, or putties used to bond fiberglass composite parts together. These putties are part of the composite structure and are not coatings.
(8)Automobiles and light-duty truck assembly coatings;
(9)Shipbuilding and ship repair facilities;
(10)Coating applied to test materials, test panels and coupons in research and development, quality control or performance testing.
57."Multi-colored coating" means a coating packaged in a single container and applied in a single coat which exhibits more than one color when applied.
58."Multicomponent coating" means a coating which is packaged in two or more parts, which parts are combined before application, and where a coreactant from one part of the coating chemically reacts, at ambient conditions, with a coreactant from another part of the coating.
59."Natural finish hardwood plywood panels" means panels whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented by fillers and toners.
60.“One-component coating” means a coating that is ready for application as packaged for sale, except for the addition of a thinner to reduce the viscosity.
61."Optical coating" means a coating applied to an optical lens.
62.“Oven” means a chamber within which heat is used to bake, cure or polymerize and/or dry a surface coating.
63.“Overvarnish” means a coating applied directly over ink to reduce the coefficient of friction, to provide gloss or to protect the finish against abrasion and corrosion.
64."Pail" means any cylindrical metal shipping container with a capacity of greater than or equal to one (1) and less than thirteen (13) gallons and constructed of 29-gauge (0.0141 inches) and heavier material.
65."Pan-backing coating" means a coating applied to the surface of pots, pans, or other cooking implements that are exposed directly to a flame or other heating elements.
66.“Paper, film and foil coating” means the application of a continuous layer of coating across the width or any portion of the width of a paper, film or foil substrate to:
a.Create a functional or protective layer;
b.Saturate a substrate for lamination; or
c.Provide adhesion between two substrates for lamination.
d.Paper film and foil coating does not include:
(1)Coating performed on or in-line with any offset lithographic, screen, letterpress, flexographic, rotogravure, or digital printing press is part of a printing process.
67.“Particleboard” means an engineered sheet wood product manufactured from small wood chips, sawmill shavings, or sawdust and a synthetic resin or other suitable binder, which is pressed and extruded.
68.“Pleasure craft” means any marine or freshwater vessel manufactured or operated primarily for recreational purposes.
69."Pleasure craft coating” means any marine coating, except unsaturated polyester resin (fiberglass), applied to a pleasure craft or to parts and components of a pleasure craft.
70.“Plywood” means an engineered sheet wood product manufactured with one or more thin layers of solid wood veneer in alternating orientation of the grain.
71.“Pressure sensitive adhesive” means adhesive that forms a bond when pressure is applied, without activation via solvent, water or heat.
72.“Pressure sensitive tape and label coating” means the application of a pressure sensitive adhesive to a paper, film or foil substrate.
73.“Pretreatment coating” means a coating, containing no more than twelve percent (12%) solids by weight and at least one-half percent (0.5%) acid by weight, applied directly to metal surfaces to provide surface etching, adhesion and ease when stripping.
74.“Pretreatment wash primer” means a coating, containing at least 0.1 percent acid by weight and no more than twenty-five percent (25%) solids by weight, that is used to provide surface etching and is applied directly to fiberglass and metal surfaces to provide corrosion resistance and adhesion of subsequent coatings.
75."Prime coat" means the first of two or more coatings applied to a surface.
76."Printed interior panels" means panels whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed.
77."Refinishing" means the repainting of used equipment.
78.“Related cleaning” means the removal of uncured coatings, coating residue, and contaminants from:
a.Miscellaneous metal and plastic parts prior to the application of coatings,
b.Miscellaneous metal and plastic parts between coating applications, or
c.Transfer lines, storage tanks, spray booths, and coating application equipment.
79.“Repair coating” means a coating used to recoat portions of a product that has sustained mechanical damage to the coating following normal painting operations.
80."Resist coat" means a coating that is applied to a plastic part before metallic plating to prevent deposits of metal on portions of the plastic part.
81.“Roll coating” means a coating method using a machine that applies coating to a substrate by continuously transferring coating through a set of oppositely rotating rollers.
82.“Safety-indicating coating” means a coating that changes in a physical characteristic, such as color, to indicate unsafe conditions.
83."Shipbuilding" means any marine or fresh-water vessel used for military or commercial operations, including self-propelled vessels, those propelled by other craft (barges), and navigational aids (buoys). This definition includes, but is not limited to, all military and Coast Guard vessels, commercial cargo and passenger (cruise) ships, ferries, barges, tankers, container ships, patrol and pilot boats, and dredges. For purposes of this Part, pleasure crafts and offshore oil and gas drilling platforms are not considered ships.
84."Shipbuilding and ship repair operations" means any building, repair, repainting, converting, or alteration of ships.
85."Shock-free coating" means a coating applied to electrical components to protect the user from electric shock. The coating has characteristics of being of low capacitance and high resistance and having resistance to breaking down under high voltage.
86."Silicone-release coating" means any coating which contains silicone resin and is intended to prevent food from sticking to metal surfaces such as baking pans.
87.“Solar-absorbent coating” means a coating that has as its prime purpose the absorption of solar radiation.
88.“Solid-film lubricant” means a very thin coating consisting of a binder system containing as its chief pigment material one or more of molybdenum disulfide, graphite, polytetrafluoroethylene or other solids that act as a dry lubricant between faying surfaces.
89.“Stencil coating” means a coating that is applied over a stencil to a plastic part at a thickness of one (1) mil or less of coating solids. Stencil coats are most frequently letters, numbers, or decorative designs.
90."Texture coat" means a coating that is applied to a plastic part which, in its finished form, consists of discrete raised spots of the coating.
91."Thin particleboard" means a manufactured board that is 0.25 inch or less in thickness made of individual wood particles that have been coated with a binder and formed into flat sheets by pressure.
92."Tile board" means paneling that has a colored, waterproof coating.
93."Topcoat" means the final film or series of films of coating applied to a surface;
94."Transfer efficiency" means the portion of coating solids that adheres to the pleasure craft surface during the application process, expressed as a percentage of the total volume of coating solids delivered by the applicator.
95."Translucent coating” means a coating which contains binders and pigment and is formulated to form a colored, but not opaque, film;
96."Two-component coating" means a coating requiring the addition of a separate reactive resin, commonly known as a catalyst, before application to form an acceptable dry film.
97.“Vacuum-metalizing coating” means the undercoat applied to a substrate on which the metal is deposited prior to a vacuum-metalizing process or the overcoat applied directly to the metal film after a vacuum-metalizing process;
98.“Vacuum metalizing process” means the process of evaporating metals inside a vacuum chamber and depositing them on a substrate to achieve a uniform metalized layer;
99."Vinyl coating" means the application of a coating or coatings on a vinyl coated paper, vinyl coated fabric, or vinyl substrate or printing on vinyl-coated fabric or vinyl sheets.
100."Volatile Organic Compound" or "VOC" means Volatile Organic Compound and Halogenated Organic Compound or VOC and HOC.
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 19.6** Applicability {#sec-250-ricr-120-05-19-19.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.6}
19.6.1Coil Coating
A.This regulation applies to the owner or operator of a coil coating operation whose actual VOC emissions, from all coil coating, including related cleaning activities are greater than or equal to 2.7 tons per rolling 12-month period, prior to controls.
19.6.2Fabric and/or Vinyl Coating
A.This regulation applies to the owner or operator of a fabric and/or vinyl coating operation whose actual VOC emissions, from fabric and/or vinyl coating, including related cleaning activities, are greater than or equal to 2.7 tons per rolling 12-month period, prior to controls.
19.6.3Flat wood Paneling Coating
A.This regulation applies to the owner or operator of a flat wood paneling coating operation whose actual VOC emissions from flat wood paneling coating, including related cleaning activities, are greater than or equal to 2.7 tons per 12-month rolling period, prior to controls.
19.6.4Large Appliance Coating
A.This regulation applies to the owner or operator of a large appliance coating operation whose actual VOC emissions from large appliance coating, including related cleaning activities are greater than or equal to 2.7 tons per rolling 12-month period, prior to controls.
B.Exemptions
1.The emissions limitations in § 19.7.4 of this Part do not apply to
a.Stencil coatings;
b.Safety indicating coatings;
c.Solid-film lubricants;
d.Electric-insulating;
e.Thermal-conducting coatings;
f.Touch-up coatings; or
g.Coating applications utilizing hand-held aerosol cans.
19.6.5Magnet Wire Coating
A.This regulation applies to the owner or operator of a magnet wire coating unit, whose actual VOC emissions from magnet wire coating, including related cleaning activities, are greater than or equal to 2.7 tons per rolling 12-month period, prior to controls.
19.6.6Metal Furniture Coating
A.This regulation applies to the owner or operator of a metal furniture coating operation, whose actual VOC emissions from metal furniture coating, including related cleaning activities, are greater than or equal to 2.7 tons per rolling 12-month period, prior to controls.
B.Exemptions
1.The emissions limitations in § 19.7.6 of this Part do not apply to:
a.Stencil coatings;
b.Safety indicating coatings;
c.Solid-film lubricants;
d.Electric-insulating and thermal-conducting coatings;
e.Touch-up coatings; or
f.Coating application utilizing hand-held aerosol cans.
19.6.7Miscellaneous Metal and/or Plastic Parts Surface Coating
A.This regulation applies the owner or operator of a miscellaneous metal and/or plastic parts coating operation whose actual VOC emissions from miscellaneous metal and/or plastic parts coating, including related cleaning activities, are greater than or equal to 2.7 tons per rolling 12-month period, prior to controls.
B.Exemptions
1.For miscellaneous metal and plastic parts coating, the emissions limitations in § 19.7.7(A) of this Part and application methods in § 19.7.7(B) of this Part shall not apply to:
a.Aerosol coating products; and
b.Powder coatings.
2.For miscellaneous metal parts coating the emissions limitations § 19.7.7(A) of this Part and application methods in § 19.7.7(B) of this Part shall not apply to:
a.Stencil coating;
b.Safety-indicating coating;
c.Solid-film lubricant;
d.Electric-insulating and thermal-conducting coating;
e.Magnetic data storage disk coating;
f.Plastic extruded onto metal parts to form a coating.
3.For miscellaneous metal parts coating the application methods in § 19.7.7(B) of this Part shall not apply to:
a.Touch-up coatings;
b.Repair coatings; or
c.Textured finish coating,
4.For miscellaneous plastic parts coating the emissions limitations in § 19.7.7(A) of this Part shall not apply to:
a.Touch-up and repair coatings;
b.Stencil coatings applied on clear or translucent substrates;
c.Clear or translucent coatings;
d.Coatings applied at a paint manufacturing facility while conducting performance tests on the coatings;
e.Any individual coating category used in volumes less than fifty (50) gallons in any one 12-month rolling period, if substitute compliant coatings are not available, provided that the total usage of all such coatings does not exceed two-hundred (200) gallons per 12-month rolling period, per facility;
f.Reflective coating applied to highway cones;
g.Mask coatings that are less than 0.5-millimeter-thick when dried and the area coated is less than twenty-five (25) square inches;
h.EMI/RFI shielding coatings; and
i.Heparin-benzalkonium chloride (HBAC)-containing coatings applied to medical devices, provided that the total usage of all such coatings does not exceed one-hundred (100) gallons per 12-month rolling period, per facility.
5.For miscellaneous plastic parts coating, the application methods in § 19.7.7(B) of this Part do not apply to airbrush operations using five (5) gallons or less per year of coating.
6.For automotive/transportation and business machine plastic parts coating the emissions limitations specified in § 19.7.7(A) of this Part shall not apply to:
a.Texture coatings;
b.Vacuum-metalizing coatings;
c.Gloss reducers;
d.Texture topcoats;
e.Adhesion primers;
f.Electrostatic preparation coatings;
g.Resist coatings; and
h.Stencil coatings.
7.For pleasure craft coating the application methods in § 19.7.7(B) of this Part do not apply to the application of high gloss coatings as defined in § 19.5(A)(47) of this Part.
19.6.8Paper, Film, and Foil Coating
A.The emissions limitations in § 19.7.8(A) of this Part apply to the owner and operator of a paper coating operation, whose actual VOC emissions, including related cleaning activities, are greater than or equal to 2.7 tons per rolling 12-month period, prior to controls.
B.The emission limitations in § 19.7.8(B) of this Part shall apply to the owner and operator of a paper, film, or foil coating process if an individual paper, film or foil coating unit has the potential to emit more than twenty-five (25) tons per year of VOC from coatings, prior to controls.
CExemptions
1.For paper, film and foil coating operations subject to § 19.6.8(B) of this Part, the requirements of § 19.7.8(B) of this Part do not apply provided the facility obtains and complies with a federally enforceable emission limitation which restricts the potential emissions of the coating line to below twenty-five (25) tons per year.
19.6.9General Applicability and Exemptions
A.The owner or operator of a coating facility whose emissions are below the applicability thresholds in §§ 19.6.1 through 19.6.8 of this Part shall maintain records of either material purchases or actual usage to verify that the emissions limitations in this regulation do not apply. The owner or operatator shall comply with the work practice standards in § 19.8. of this Part, and register annually as required in § 19.11 of this Part
B.Any coating facility which has actual VOC emissions greater than or equal to 2.7 tons per rolling 12-month period in any one of the coating categories in §§ 19.6.1 through 19.6.8 of this Part coating may apply to the Director for exemption from § 19.7 of this Part. Exemption will be given in the form of an enforceable document, and will include the following conditions:
1.The total emissions from all coating operations shall not exceed 1,666 pounds in any one calendar month,
2.The facility shall maintain the following records at the facility for a period of five (5) years. This information shall be made available to the Department and EPA upon request:
a.The name, identification number and amount used each month of each coating, as applied, on each coating line or operation;
b.The mass of VOC per volume (excluding water), as applied, for each coating used on each coating line or operation;
c.The type and amount of solvent used for diluents and cleanup operations;
3.If the limit in § 19.6.9(B)(1) of this Part is exceeded, the applicable emission limitations specified in § 19.7 of this Part will immediately apply.
C.The emissions limits in § 19.7 of this Part shall not apply to the use of any adhesive, sealant, adhesive primer or sealant primer in an operation that is subject to the emission limits in Part 44 of this Subchapter (Control of VOC from Adhesives and Sealants).
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 19.7** Emissions Limitations {#sec-250-ricr-120-05-19-19.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.7}
19.7.1Coil coating
A.The owner and operator of any coil coating operation that meets the applicability threshold in § 19.6.1(A) of this Part, shall use one of the following methods to control emissions of VOCs:
1.Use only low-VOC coatings that have an as applied VOC content no greater than the applicable level in § 19.7.1(A)(1)(a) of this Part;
a.Coil VOC content limitations in pounds of VOC per gallon of coating less water and exempt compounds, as applied
Category
lbs. of VOC /gal of coating minus water and exempt compounds, as applied
Coil
2.6
2.Use a combination of low-VOC coating and add on control equipment that does not exceed the as applied VOC content limitation in § 19.7.1(A)(2)(a) of this Part;
a.Coil VOC content limitations in pounds of VOC per gallon of solids, as applied.
Category
lbs. of VOC/gal of solids, as applied
Coil
4.02
3.Use of daily-weighted averaging, as determined by the procedures in § 19.13(D) of this Part to achieve the VOC content limitation in §§ 19.7.1(A)(1)(a) or 19.7.1(A)(2)(a) of this Part for the coating unit;
4.In lieu of the use of low-VOC coatings, in accordance with the requirements of Part 9 of this Subchapter (Air Pollution Control Permits), install an approved control system to achieve an overall VOC control efficiency of at least ninety percent (90%); or
5.An alternative equivalent method of control as approved by the Director. Approval of an alternative method must be approved by EPA as a source specific State Implementation Plan (SIP) revision.
19.7.2Fabric and Vinyl Coating
A.The owner and operator of any fabric and vinyl coating unit that meets the applicability threshold in § 19.6.2(A) of this Part, shall use one of the following methods to achieve compliance with this Part.
1.Use only low-VOC coatings that have an as applied VOC content no greater than the applicable level in § 19.7.2(A)(1)(a) of this Part;
a.Fabric and vinyl VOC content limitations in pounds of VOC per gallon of coating less water and exempt compounds, as applied.
Category
lbs. of VOC /gal of coating minus water and exempt compounds, as applied
Fabric
2.9
Vinyl
3.8
2.Use a combination of low-VOC coating and add on control equipment that does not exceed the as applied VOC content limitation, expressed in pounds of VOC per gallon of solids as applied, in § 19.7.2(A)(2)(a) of this Part.
a.Fabric and vinyl VOC content limitations in pounds of VOC per gallon of solids, as applied.
Category
lbs. of VOC/gal of solids, as applied
Fabric
4.79
Vinyl
7.86
3.Use of daily-weighted averaging, as determined by the procedures in § 19.13(D) of this Part, to achieve the VOC content limitations in §§ 19.7.2(A)(1)(a) or 19.7.2(A)(2)(a) of this Part for the coating unit;
4.In lieu of the use of low-VOC coatings, in accordance with the requirements of Part 9 of this Subchapter (Air Pollution Control Permits), install an approved control system to achieve an overall VOC control efficiency of at least ninety percent (90%); or
5.An alternative equivalent method of control as approved by the Director. Approval of an alternative method must be approved by EPA as a source specific State Implementation Plan (SIP) revision.
19.7.3Flat wood Paneling
A.The owner and operator of any flat wood paneling operation that meets the applicability threshold in § 19.6.3(A) of this Part, shall use one of the following methods to control emissions of VOCs:
1.Use only low-VOC coatings that have an as applied VOC that does not exceed the applicable VOC content limitations in §§ 19.7.3(A)(1)(a) of this Part:
a.Flat wood paneling VOC content limitations in lbs. of VOC per gallon of coating, excluding water and exempt compounds, as applied.
Category
lbs. VOC per gallon of coating minus water and exempt compounds, as applied
Printed interior panels made of hardwood, plywood, or thin particleboard
2.1
Natural finish hardwood plywood panels
2.1
Class II hardboard paneling finish
2.1
Tileboard
2.1
Exterior siding
2.1
2.Use a combination of low-VOC coating and add on control equipment that does not exceed the VOC content limitations, expressed in pounds of VOC per gallon of solids as applied, in § 19.7.3(A)(2)(b) of this Part.
a.Flat wood paneling VOC content limitations in lbs. of VOC per gallon of solids, as applied.
Category
lbs. VOC per gallon solids, as applied
Printed interior panels made of hardwood, plywood, or thin particleboard
2.9
Natural finish hardwood plywood panels
2.9
Class II hardboard paneling finish
2.9
Tileboard
2.9
Exterior siding
2.9
3.Use of daily-weighted averaging, as determined by the procedures in equation for in § 19.13(D) of this Part, to achieve the VOC content limitations in §§ 19.7.3(A)(1) or (2) of this Part;
4.In lieu of the use of low-VOC coatings, in accordance with the requirements of Part 9 of this Subchapter (Air Pollution Control Permits), install an approved control system to achieve an overall VOC control efficiency of at least ninety percent (90%); or
5.An alternative equivalent method of control as approved by the Director. Approval of an alternative method must be approved by EPA as a source specific State Implementation Plan (SIP) revision.
19.7.4Large Appliance Coating
A.The owner and operator of any large appliance coating operation that meets the applicability threshold in § 19.6.4(A) of this Part, shall use one of the following methods to control emissions of VOCs:
1.Use only low-VOC coatings that have an as applied VOC content, minus water and exempt compounds that does not exceed the VOC content limitations in §§ 19.7.4(A)(1)(a) of this Part;
a.Large appliance VOC content limitations in pounds of VOC per gallon of coating less water and exempt compounds, as applied..
Category
Baked
Air Dried
lbs. VOC/gallon of coating, less water and exempt compounds, as applied
lbs. VOC/gallon of coating, less water and exempt compounds, as applied
General, one component
2.3
2.3
General, multi-component
2.3
2.8
Extreme high gloss
3.0
2.8
Extreme performance
3.0
3.5
Heat resistance
3.0
3.5
Solar absorbent
3.0
3.5
Metallic
3.5
3.5
Pretreatment coatings
3.5
3.5
2.Use a combination of low-VOC coating and add on control equipment meeting the as applied VOC content, expressed in pounds of VOC per gallon of solids, as applied, in § 19.7.4(A)(2)(a) of this Part;
a.Large appliance VOC content limitations in lbs. of VOC per gallon of solids, as applied.
Category
Baked
Air Dried
Lb VOC/gal of solids, as applied
Lb VOC/gal of solids, as applied
General, one component
3.3
3.3
General, multi-component
3.3
4.5
Extreme high gloss
5.1
4.5
Extreme performance
5.1
6.7
Heat resistance
5.1
6.7
Solar absorbent
5.1
6.7
Metallic
6.7
6.7
Pretreatment coatings
6.7
6.7
3.Use of daily-weighted averaging, as determined by the procedures in equation for in § 19.13(D) of this Part, to achieve the VOC content limitations in §§ 19.7.4(A)(1) or (2) of this Part;
4.In lieu of the use of low-VOC coatings, in accordance with the requirements of Part 9 of this Subchapter (Air Pollution Control Permits), install an approved control system to achieve an overall VOC control efficiency of at least ninety percent (90%); or
5.An alternative equivalent method of control as approved by the Director. Approval of an alternative method must be approved by EPA as a source specific State Implementation Plan (SIP) revision.
B.The owner and operator of any large appliance coating operation that meets the applicability threshold in § 19.6.4(A) of this Part, shall use one or more of the following application methods:
1.Electrostatic spray application;
2.HVLP spray;
3.Flow coat;
4.Roller coat;
5.Dip coat, including electrodeposition;
6.Airless spray;
7.Air-assisted airless spray; or
8.A coating application method capable of achieving a transfer efficiency equivalent to or greater than that achieved by HVLP, as approved by the Director and EPA.
19.7.5Magnet Wire coating
A.The owner and operator of any magnet wire coating operation that meets the applicability threshold in § 19.6.5(A) of this Part, shall use one of the following methods to control emissions of VOCs:
1.Use only low-VOC coatings that have an as applied VOC content that does not exceed the VOC content limitation in § 19.7.5(A)(1)(a) of this Part.
a.Magnet wire VOC content limitation in pounds of VOC per gallon of coating minus water and exempt compounds, as applied.
Category
lbs. VOC per gallon of coating minus water and exempt compounds, as applied
Magnet Wire
1.7
2.Use a combination of low-VOC coating and add on control equipment that does not exceed the VOC content limitation in § 19.7.5(A)(2)(a) of this Part;
a.Magnet wire VOC content limitation in pounds of VOC per gallon of solids.
Category
lbs. VOC per gallon of solids
Magnet Wire
2.21
3.Use daily-weighted averaging, as determined by the procedures in § 19.13(D) of this Part, to achieve the VOC content limitation in §§ 19.7.5(A)(1)(a) or 19.7.5(A)(2)(a) of this Part;
4.In lieu of the use of low-VOC coatings, in accordance with the requirements of Part 9 of this Subchapter (Air Pollution Control Permits), install an approved control system to achieve an overall VOC control efficiency of at least ninety percent (90%); or
5.An alternative equivalent method of control as approved by the Director. Approval of an alternative method must be approved by EPA as a source specific State Implementation Plan (SIP) revision.
19.7.6Metal Furniture Coating
A.The owner and operator of any metal furniture coating operation that meets the applicability threshold in § 19.6.6(A) of this Part, shall use one of the following methods to control emissions of VOCs:
1.Use only low-VOC coatings that have an as applied VOC content, minus water and exempt compounds, that does not exceed the VOC content limitations in §§ 19.7.6(A)(1)(a)of this Part;
a.Metal Furniture VOC content limitations in lbs. of VOC per gallon of coating excluding water and exempt compounds, as applied.
Coating Type
Baked
Air dried
lbs. VOC/gallon of coating, less water and exempt compounds, as applied
lbs. VOC/gallon of coating, less water and exempt compounds, as applied
General, One Component
2.3
2.3
General, Multi-Component
2.3
2.8
Extreme High Gloss
3
2.8
Extreme Performance
3
3.5
Heat Resistant
3
3.5
Metallic
3.5
3.5
Pretreatment Coatings
3.5
3.5
Solar Absorbent
3
3.5
2.Use a combination of low-VOC coating and add on control equipment that does not exceed the VOC content limitations, expressed in pounds of VOC per gallon of solids as applied, in §§ 19.7.6(A)(1)(a)of this Part as applicable.
a.Metal furniture VOC content limitations in pounds of VOC per gallon of solids, as applied.
Coating Type
Baked
Air dried
lbs. VOC per gal of solids, as applied
lbs. VOC per gal of solids, as applied
General, One Component
3.3
3.3
General, Multi-Component
3.3
4.5
Extreme High Gloss
5.1
4.5
Extreme Performance
5.1
6.7
Heat Resistant
5.1
6.7
Metallic
6.7
6.7
Pretreatment Coatings
6.7
6.7
Solar Absorbent
5.1
6.7
3.Use of daily-weighted averaging for each coating unit, as determined by the procedures in § 19.13(D) of this Part, to achieve the VOC content limitations in §§ 19.7.6(A) (1) or (2) of this Part as applicable;
4.In lieu of the use of low-VOC coatings, in accordance with the requirements of Part 9 of this Subchapter (Air Pollution Control Permits), install an approved control system to achieve an overall VOC control efficiency of at least ninety percent (90%); or
5.An alternative equivalent method of control as approved by the Director. Approval of an alternative method must be approved by EPA as a source specific State Implementation Plan (SIP) revision.
B.The owner and operator of any metal furniture coating operation that meets the applicability threshold in § 19.6.6 of this Part, shall use one or more of the following application methods:
1.Electrostatic spray application;
2.HVLP spray;
3.Flow coat;
4.Roller coat;
5.Dip coat, including electrodeposition;
6.Airless spray;
7.Air-assisted airless spray; or
8.A coating application method capable of achieving a transfer efficiency equivalent to or greater than that achieved by HVLP, as approved by the Director and EPA.
19.7.7Miscellaneous Metal and /or Plastic Part Coating
A.The owner and operator of any miscellaneous metal and/ or plastic parts coating operation, that meets the applicability threshold in § 19.6.7 of this Part, shall use one of the following methods to achieve compliance with this Part.
1.Use only low-VOC coatings that have an as applied VOC content, minus water and exempt compounds that does not exceed the applicable VOC content limitations in § 19.7.7(A)(1)(a) through (e) of this Part, as applicable;
a.Miscellaneous metal parts and products VOC content limitations in pounds of VOC per gallon of coating minus water and exempt compounds, as applied (not including pleasure craft coating).
Air Dried
Baked
Coating Category
lbs. VOC/gallon of coating, minus water and exempt compounds, as applied
lbs. VOC/gallon of coating, minus water and exempt compounds, as applied
General One Component
2.8
2.3
General Multi Component
2.8
2.3
Camouflage
3.5
3.5
Electric-Insulating Varnish
3.5
3.5
Etching Filler
3.5
3.5
Extreme High-Gloss
3.5
3
Extreme Performance
3.5
3
Heat-Resistant
3.5
3
High Performance Architectural
6.2
6.2
High Temperature
3.5
3.5
Metallic
3.5
3.5
Military Specification
2.8
2.3
Mold-Seal
3.5
3.5
Pan Backing
3.5
3.5
Prefabricated Architectural Multi-Component
3.5
2.3
Prefabricated Architectural One-Component
3.5
2.3
Pretreatment Coatings
3.5
3.5
Repair and Touch Up
3.5
3
Silicone Release
3.5
3.5
Solar-Absorbent
3.5
3
Vacuum-Metalizing
3.5
3.5
Drum Coating, New, Exterior
2.8
2.8
Drum Coating, New, Interior
3.5
3.5
Drum Coating, Reconditioned, Exterior
3.5
3.5
Drum Coating, Reconditioned, Interior
4.2
4.2
b.Miscellaneous plastic parts and products VOC content limitations in pounds of VOC per gallon of coating minus water and exempt compounds, as applied (not including automotive/transportation, business machine and pleasure craft coating).
Coating category
lbs. VOC/gallon of coating, minus water and exempt compounds, as applied
General One Component
2.3
General Multi Component
3.5
Electric Dissipating Coatings and Shock-Free Coatings
6.7
Extreme Performance
3.5
(2-pack coatings)
Metallic
3.5
Military Specification
2.8 (1 pack)
3.5 (2 pack)
Mold-Seal
6.3
Multi-colored Coatings
5.7
Optical Coatings
6.7
Vacuum-Metalizing
c.Pleasure craft coating VOC content limitations in pounds of VOC per gallon of coating minus water and exempt compounds, as applied.
Coating category
lbs. VOC/gallon of coating, minus water and exempt compounds, as applied
Extreme High Gloss Topcoat
5.0
High Gloss Topcoat
3.5
Pretreatment Wash Primers
6.5
Finish Primer/Surfacer
3.5
High Build Primer Surfacer
2.8
Aluminum Substrate Antifoulant Coating
4.7
Antifouling Sealer/Tie Coat
3.5
Other Substrate Antifoulant Coating
3.3
All other pleasure craft coatings for metal or plastic
3.5
d.Automotive/transportation plastic part coating VOC content limitations in pounds of VOC per gallon of coating minus water and exempt compounds, as applied.
Coating category
lbs. VOC/gallon of coating, minus water and exempt compounds, as applied
High Bake Coatings – Interior and Exterior Parts
- Flexible Primer
4.5
- Non-Flexible Primer
3.5
- Base Coats
4.3
- Clear Coat
4.0
- Non-basecoat/clear coat
4.3
Low Bake/Air Dried Coatings – Exterior Parts
- Primers
4.8
- Basecoat
5.0
- Clearcoats
4.5
- Non-basecoat/clearcoat
5.0
Low Bake/Air Dried Coatings – Interior Parts
5.0
Touch up and Repair Coatings
5.2
e.Business machine plastic part VOC content limitations in pounds of VOC per gallon of coating minus water and exempt compounds, as applied.
Category
lbs. VOC/gallon of coating, minus water and exempt compounds, as applied
Primers
2.9
Topcoat
2.9
Texture coat
2.9
Fog Coat
2.2
Touch up and Repair coatings
2.9
2.Use a combination of low-VOC coating and add on control equipment meeting the as applied VOC content, expressed in pounds of VOC per gallon of solids as applied, in § 19.7.7(A)(2)(a) through (e) of this Part, as applicable.
a.Miscellaneous metal parts and products VOC content limitations in pounds of VOC per gallon of solids, as applied (not including pleasure craft coating).
Coating category
Air Dried
Baked
lbs. VOC per gal solids, as applied
lbs. VOC per gal solids, as applied
General One Component
4.52
3.35
General Multi Component
4.52
3.35
Camouflage
6.67
6.67
Electric-Insulating Varnish
6.67
6.67
Etching Filler
6.67
6.67
Extreme High-Gloss
6.67
5.06
Extreme Performance
6.67
5.06
Heat-Resistant
6.67
5.06
High Performance Architectural
38
38
High Temperature
6.67
6.67
Metallic
6.67
6.67
Military Specification
4.52
3.35
Mold-Seal
6.67
6.67
Pan Backing
6.67
6.67
Prefabricated Architectural Multi-Component
6.67
3.35
Prefabricated Architectural One-Component
6.67
3.35
Pretreatment Coatings
6.67
6.67
Silicone Release
6.67
6.67
Solar-Absorbent
6.67
5.06
Vacuum-Metalizing
6.67
6.67
Drum Coating, New, Exterior
4.52
4.52
Drum Coating, New, Interior
6.67
6.67
Drum Coating, Reconditioned, Exterior
6.67
6.67
Drum Coating, Reconditioned, Interior
9.78
9.78
b.Miscellaneous plastic parts and products VOC content limitations in pounds of VOC per gallon of solids, as applied (not including automotive/transportation, business machine and pleasure craft coating).
Coating category
lbs. VOC/gal solids, as applied
General One Component
3.35
General Multi Component
6.67
Electric Dissipating Coatings and Shock-Free Coatings
74.7
Extreme Performance
6.67
(2-pack coatings)
Metallic
6.67
Military Specification
4.52 (1 pack)
6.67 (2 pack)
Mold-Seal
43.7
Multi-colored Coatings
25.3
Optical Coatings
74.7
Vacuum-Metalizing
74.7
c.Pleasure Craft Coating VOC content limitations in pounds of VOC per gallon of solids, as applied.
Coating category
lbs. VOC/gal solids, as applied
Extreme High Gloss Topcoat
9.2
High Gloss Topcoat
6.7
Pretreatment Wash Primers
55.6
Finish Primer/Surfacer
6.7
High Build Primer Surfacer
4.6
Aluminum Substrate Antifoulant Coating
12.8
Other Substrate Antifoulant Coating
4.4
All other pleasure craft coatings for metal or plastic
6.7
d.Automotive/Transportation Plastic Parts VOC content limitations in pounds of VOC per gallon of solids, as applied.
Coating category
lbs. VOC/gal solids, as applied
High Bake Coatings – Interior and Exterior Parts
- Flexible Primer
11.58
- Non-Flexible Primer
6.67
- Base Coats
10.34
- Clear Coat
8.76
- Non-basecoat/clear coat
10.34
Low Bake/Air Dried Coatings – Exterior Parts
- Primers
13.80
- Basecoat
15.59
- Clearcoats
11.58
- Non-basecoat/clearcoat
15.59
Interior Parts - Low Bake/Air Dried Coatings
15.59
Touch up and Repair Coatings
17.72
(1)For red, yellow and black automotive coatings, except touch up and repair coatings, the limit is determined by multiplying the appropriate limit in this table by 1.15.
e.Business Machine Plastic Parts VOC content limitations in pounds of VOC per gallon of solids, as applied.
Coating Category
lbs. VOC/gallon of solids, as applied
Primers
4.80
Topcoat
4.80
Texture coat
4.80
Fog Coat
3.14
Touch up and Repair coatings
4.80
3.Use of daily-weighted averaging for each coating unit, as determined by the procedures in § 19.13(D) of this Part, to achieve the applicable VOC content limitations in §§ 19.7.7(A)(1) or (2) of this Part;
4.In lieu of the use of low-VOC coatings, in accordance with the requirements of Part 9 of this Subchapter (Air Pollution Control Permits), install an approved control system to achieve an overall VOC control efficiency of at least ninety percent (90%); or
5.An alternative equivalent method of control as approved by the Director. Approval of an alternative method must be approved by EPA as a source specific State Implementation Plan (SIP) revision.
B.The owner and operator of any miscellaneous metal and/or plastic parts coating operation that meets the applicability threshold in § 19.6 7 of this Part, shall use one or more of the following application methods except when complying using add-on air pollution control equipment under § 19.7.7(A)(4) of this Part:
1.Electrostatic spray application;
2.HVLP spray;
3.Flow coat;
4.Roller coat;
5.Dip coat, including electrodeposition;
6.Airless spray;
7.Air-assisted airless spray; or
8.A coating application method capable of achieving a transfer efficiency equivalent to or greater than that achieved by HVLP, as approved by the Director and EPA.
19.7.8Paper, Film and Foil
A.The owner and operator of a paper coating process which meets the applicability threshold in § 19.6.8(A) of this Part, shall use one of the following methods to control emissions of VOCs:
1.Use only low-VOC coatings that have an as applied VOC content, as calculated using the equation in § 19.13(B) of this Part, that does not exceed the VOC content limitations in § 19.7.8(A)(1)(a) of this Part;
a.Paper, film or foil VOC content limitations
Coating category
lbs. VOC/lb of coating, as applied
Lbs. VOC per lb solids
Paper, film or foil (non-pressure sensitive tape and label)
0.08
0.4
Paper, film or foil (pressure sensitive tape and label)
0.067
0.20
2.Use of daily-weighted averaging, as determined by the procedures in § 19.13(D) of this Part, to achieve the VOC content limitations in § 19.7.8(B)(1)(a) of this Part; or
3.In lieu of the use of low-VOC coatings, in accordance with the requirements of Part 9 of this Subchapter (Air Pollution Control Permits), install an approved control system to achieve an overall VOC control efficiency of at least ninety percent (90%); or
4.An alternative equivalent method of control as approved by the Director. Approval of an alternative method must be approved by EPA as a source specific State Implementation Plan (SIP) revision.
19.7.9Alternative RACT
A.The emission limitations set forth in §§ 19.7.1 through 8 of this Part may be relaxed on a case-by-case basis if:
1.The owner of operator of the subject facility submits for approval by the Director and EPA:
a.Economic and/or technical documentation to the satisfaction of the Department and EPA that the applicable emission limitations set forth in §§ 19.7.1 through 8 of this Part cannot feasibly be met, and,
b.A proposal to set applicable emission limitations different from those of §§ 19.7.1 through 8 of this Part that will represent an Alternative Reasonably Available Control Technology; and,
c.A schedule for attaining the Alternative Reasonably Available Control Technology emission limitations within two (2) years of its being approved.
2.All compliance date and emission limitation relaxations made under § 19.7.9(A)(1) of this Part will not be final until approved by EPA as a SIP revision.
3.A relaxation of the applicable emissions limitations in § 19.7 of this Part will be approved only if the facility can demonstrate that economically, technically or both that neither coating reformulation nor the installation of a control system is feasible or even partially feasible.
4.The facility will undergo Reasonably Available Control Technology review every three (3) years after the compliance date as determined in § 19.7.9(A)(1)(c) of this Part until the final applicable emission limitation is achieved as defined in § 19.7 of this Part.
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 19.8** Work Practice Standards {#sec-250-ricr-120-05-19-19.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.8}
A.The owner or operator of a coating facility shall implement the following work practices for coating related activities:
1.Store all new and used VOC-containing coating, thinners or coating related waste in closed containers;
2.Ensure that mixing and storage containers used for VOC-containing coatings, thinners, and coating-related waste materials are kept closed at all times except when depositing or removing these materials;
3.Minimize spills of VOC-containing coatings, thinners, and coating-related waste materials; and
4.Convey VOC-containing coatings, thinners, and coating-related waste materials from one location to another in closed containers or pipes.
B.The owner or operator of a coating facility shall implement the following work practices for cleaning related activities:
1.Store all VOC-containing cleaning materials and used shop towels in closed containers;
2.Ensure that storage containers used for VOC-containing cleaning materials are kept closed at all times except when depositing or removing these materials;
3.Minimize spills of VOC-containing cleaning materials;
4.Convey VOC-containing cleaning materials from one location to another in closed containers or pipes; and
5.Minimize VOC emissions from cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 1** 9.9 Compliance Schedule {#sec-250-ricr-120-05-19-1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#1}
A.The owner or operator of an existing coating operation that meets any of the applicability thresholds in §§ 19.6.1 through 19.6.8 of this Part shall achieve compliance with the applicable emission limitations in § 19.7 of this Part or, if applicable, apply to the Director for an exemption under § 19.6.9(B) of this Part or apply for alternative RACT under § 19.7.9 of this Part, by July 1, 2020 unless
1.The facility is an existing flat wood paneling coating operation that meets the applicability threshold in § 19.6.3 of this Part and performs exterior siding coating then they shall achieve compliance with the emission limitation for exterior siding in § 19.7.3 of this Part by October 1, 2026.
a.If applicable, the facility may apply to the Director for an exemption under § 19.6.9(B) of this Part or apply for alternative RACT under § 19.7.9 of this Part, by October 1, 2026.
B.The owner or operator of an existing coating operation that does not meet any of the applicability thresholds in §§ 19.6.1 through 19.6.8 of this Part, as of the effective date of this regulation, shall achieve compliance with the applicable emissions limitations in § 19.7 of this Part or, if applicable, apply to the Director for an exemption under § 19.6.9(B) of this Part or apply for alternative RACT under § 19.7.9 of this Part, within one year of becoming subject to any of the applicability thresholds in §§ 19.6.1 through 19.6.8 of this Part.
CThe owner or operator of any coating facility for which construction commenced on or after the July 1, 2020, that expects to meet or exceed any of the applicability thresholds in §§ 19.6.1 through 19.6.8 of this Part shall be in compliance with the applicable emissions limitations in § 19.7 of this Part upon commencing operation.
D.The compliance schedule shall not allow a coating facility to supersede any applicable emission limitations including but not limited to:
1.Best Available Control Technology determinations, or,
2.Lowest Achievable Emissions Rate determinations, or,
3.Federal New Source Performance Standards, or National Emission Standards of Hazardous Air Pollutants, or,
4.Any other condition or standard that is specifically required by the Clean Air Act (as amended) for new or modified sources.
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 19.10** Recordkeeping and Reporting {#sec-250-ricr-120-05-19-19.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.10}
A.Recordkeeping
1.The owner or operator of a coating operation subject to this regulation shall maintain records of information sufficient to determine compliance with the applicable requirements of this regulation, including at minimum the following information for each calendar month for each coating line or operation and maintain the information at the facility for a period of five (5) years:
a.The name, description (coating category) and amount used of each coating, on each coating line or operation;
b.The type and amount of solvent used for diluents and cleanup operations;
c.The mass of VOC per volume of each coating minus water and exempt compounds (excluding water), as applied, used each month on each coating line or operation.
d.A Safety Data Sheet, a Certified Product Data Sheet or equivalent for each coating, diluent or cleaning solvent used.
2.The owner or operator of a coating unit complying by the means of daily- weighted averaging shall collect and record all of the following information each day for each coating unit and maintain the information at the facility for a period of five (5) years:
a.The name and identification number of each coating, as applied, on each coating unit,
b.The mass of VOC per volume coating (excluding water) and the volume of each coating (excluding water), as applied, used each day on each coating unit,
c.The daily-weighted average VOC content of all coatings, as applied on each coating unit calculated according to the procedure in, § 19.13(D) of this Part,
d.The type and amount of solvent used for diluents and cleanup operations.
3.The owner or operator of a coating line or operation complying by means of add-on control equipment shall in addition to the recordkeeping requirements in § 19.10(A) of this Part maintain the following:
a.A log of operating time for the capture system, control device, monitoring equipment, and the associated coating line or operation;
b.A maintenance log for the capture system, control device, and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages;
c.For condensers:
(1)Design inlet temperature of cooling medium and design exhaust gas temperature.
d.For thermal incinerators:
(1)Design combustion temperature;
(2)All three-hour periods of operation in which the average combustion temperature was more than twenty-eight degrees Celsius (28ºC) or fifty degrees Fahrenheit (50ºF) below the average combustion temperature during the most recent performance test that demonstrated that the facility was in compliance, and,
(3)The operating temperature.
e.For catalytic incinerators:
(1)Design exhaust gas temperature, design temperature rise across catalyst bed, anticipated frequency of catalyst change, and catalyst changes;
(2)All periods where the temperature increase across the catalyst bed is less than eighty percent (80%) of the temperature increase recorded during the most recent performance test that demonstrated that the facility was in compliance, and,
(3)The inlet and outlet temperatures and temperature rise across the catalyst bed.
f.For carbon adsorbers:
(1)Design pressure drop across the adsorber and design VOC concentration at breakthrough.
(2)All three-hour periods of operation during which the average VOC concentration or reading of organics in the exhaust gases is more than twenty percent (20%) greater than the average exhaust gas concentration or reading measured by the organics monitoring device during the most recent determination of the recovery efficiency of the carbon adsorber that demonstrated that the facility was in compliance, and,
(3)The pressure drop across the adsorber and the hydrocarbon levels for breakthrough.
g.Results of compliance tests and associated calculations demonstrating a ninety percent (90%) overall reduction of VOC emissions from subject lines or reduction of emissions to the equivalent of the applicable VOC content limitations of § 19.7 of this Part as calculated on a solids applied basis. Overall reduction efficiency shall be calculated as the product of the capture efficiency and the control device destruction or removal efficiency. Testing shall be performed according to § 19.12 of this Part. Capture efficiency shall be determined by methods approved by the Department and EPA.
B.Reporting
1.The owner or operator of a subject coating line or operation shall:
a.Notify the Director of any record showing use of any non-complying coatings by sending a copy of such record to the Director within thirty (30) calendar days following that use;
b.Notify the Director of any record showing noncompliance with the applicable daily weighted average requirements by sending a copy of the record to the Director within thirty (30) calendar days following the occurrence, and,
c.Notify the Director of any record showing noncompliance with the applicable requirements for control devices by sending a copy of the record to the Director within thirty (30) calendar days following the occurrence.
d.Notify the Director at least thirty (30) calendar days before changing the method of compliance.
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 19.1** 1 Registration {#sec-250-ricr-120-05-19-19.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.1}
A.Air Pollution Inventory - Any coating facility shall register annually with the Office of Air Resources. This requirement may be fulfilled by submission of the annual air pollution inventory required in Part 14 of this Subchapter (Record Keeping and Reporting). By April 15th of each year, the following information must be submitted:
1.The name and address of the company and the name and telephone number of a responsible corporate official submitting the registration, and,
2.A description of all operations in the facility where volatile organic compounds are emitted, and,
3.Quantities of coatings, solvents, dissolvers, viscosity reducers, diluents, thinners, reagents, cleaning agents, enamels, lacquers, or paints consumed during the previous calendar year, and,
4.The amount of volatile organic compound per gallon of coating solution (pounds per gallon) for each coating, enamel, lacquer, or paint consumed at the facility during the previous calendar year.
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 19.12** Compliance Demonstration/Testing {#sec-250-ricr-120-05-19-19.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.12}
A.Compliance with applicable emission limitations of § 19.7 of this Part shall be demonstrated in accordance with 40 C.F.R §. 60, Appendix A-7, Methods 24, 24A, 25, 25A incorporated in § 19.4 of this Part or any other EPA approved method which has been accepted by the Director and EPA. A one hour bake time must be used for 40 C.F.R. § 60 Appendix A-7 Methods 24 and 24A, incorporated in § 19.4 of this Part and, further, 40 C.F.R. § 60 Appendix A-7 Methods 24 and 24A, incorporated in § 19.4(A) of this Part apply to multicomponent coatings.
1.Manufacturer’s formulation data may be used to demonstrate compliance with VOC content limitations in lieu of 40 C.F.R § 60, Appendix A-7, Methods 24 testing, incorporated in § 19.4 of this Part. In the case of a dispute, the VOC content determined using 40 C.F.R § 60, Appendix A-7, Methods 24, incorporated in § 19.4 of this Part shall prevail, unless a person is able to demonstrate to the Department and EPA that the manufacturer’s formulation data are correct.
B.Facilities using add on controls to comply with RACT must show that the equipment meets specific capture and control efficiency limits which will be set in an enforceable document. Control efficiency of the equipment will be determined using EPA-approved test methods. Calculations will be done on a solids applied basis. Continuous compliance will be maintained at all times. Compliance averaging times will be met according to the control device chosen and EPA test methods, incorporated in § 19.4(A) of this Part as follows:
Compliance Method
EPA Reference Test Method
Test Averaging Time
Reformulation
40 C.F.R. § 60 Appendix A-7 Method 24 or 24A
instantaneous
Solvent destruction or solvent recovery except carbon adsorption
40 C.F.R. § 60 Appendix A-7 Method 25 or 25A
3 hours
Carbon adsorption
40 C.F.R. § 60 Appendix A-7 Method 25 or 25A or other test method as appropriate
The length of adsorption cycle or 24-hours, which-ever is less.
1.Or other methods approved by the Director and EPA. Once the control efficiency has been determined for any add-on control device by 40 C.F.R. § 60, Appendix A-7 Method 25 or 25A, incorporated in § 19.4(A) of this Part, or any alternative method approved by the Department and EPA, compliance shall be determined on an instantaneous basis time period (e.g. determined control efficiency shall be used to calculate whether samples from the process meet the applicable emissions limit.)
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-19 § 19.13** VOC Calculations {#sec-250-ricr-120-05-19-19.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-19#19.13}
A.The VOC content of the as applied coating, expressed in units of pounds of VOC per gallon of coating, shall be calculated using equation 1:
Equation 1
Where:
VOC = The VOC content of a given coating, in pounds per gallon (lbs./gal);
Wv = Mass of total volatiles, in pounds;
Wa = Mass of total VOC in additives or other materials that are added to the coating prior to its application, in pounds;
Ww = Mass of the water in coating (if any), in pounds;
Wn = Mass of any non-VOC solvent in the coating, in pounds;
V = Volume of coating, in gallons;
Va = Volume of VOC-containing additives or other materials that are added to the coating prior to its application, in gallons;
Vw = Volume of the water in coating (if any), in gallons; and
Vn = Volume of any non-VOC solvent in the coating, in gallons.
B.VOC content of the as applied coating, expressed in units of pounds of VOC per pound of coating solids, shall be calculated using equation 2:
Equation 2
VOCB = (Wo)/(Wn)
Where:
VOCB = VOC content in lbs. VOC/lb of coating solids
Wo = Weight percent of VOC (Wv-Ww-Wex)
Wv = Weight percent of total volatiles (100%-weight percent solids)
Ww = Weight percent of water
Wex = Weight percent of exempt solvents
Wn = Weight percent of solids of the as applied coating
C.The VOC content of the as applied coating, expressed in units of pounds of VOC per gallon of coating solids, shall be calculated using equation 3:
Equation 3
VOC = (Wo)(DC)/Vn
Where:
VOC = VOC Content in lbs. voc/gal of coating solids
Wo = Weight percent of VOC (Wv-Ww-Wex)
Wv = Weight percent of total volatiles (100%-weight percent solids)
Ww = Weight percent of water
Wex = Weight percent of exempt solvents
DC = Density of coating, lb/gal, at 25°C
Vn = Volume percent of solids of the as applied coating
D.Procedure for Calculating the Daily-Weighted Averages
1.The daily-weighted average VOC content, in units of mass of VOC per unit volume of coating, excluding water and exempt compounds, as applied, of the coatings used on a day on a coating line or operation shall be calculated using equation 4:
Equation 4
Where:
VOCw = The daily-weighted average VOC content of the coatings, as applied, used on a coating line or operation in units of pounds of VOC per gallon of coating, excluding water and exempt compounds;
n = The number of different coatings, as applied, each day on a coating line or operation;
Vi = The volume of each coating (i), as applied, used in a day on a coating line or operation in units of gallons, excluding water and exempt compounds;
Ci = The VOC content of each coating (i), as applied, used in a day on a coating line or operation in units of pounds VOC per gallon of coating, excluding water and exempt compounds; and,
VT = The total volume of all coating, as applied, used in a day on a coating line or operation in units of gallons, excluding water and exempt compounds.
2.The daily-weighted average VOC content, as applied, of the coatings used on a coating line or operation in units of mass of VOC per unit volume of coating solids shall be calculated by equation 5:
Equation 5
VOCws = The daily-weighted average VOC content, as applied, of the coatings used on a coating line or operation in units of mass of VOC per unit volume of coating solids;
n = The number of different coatings, as applied, used in a day on a coating line or operation;
Vi = The volume of each coating (i), as applied, used in a day on a coating line or operation in units of gallons,
WVOCi = The weight fraction of VOC in each coating (i), as applied, used in a day on a coating line or operation in units of pounds VOC per pound of coating;
Di = The density of each coating (i) as applied, used in a day on a coating line or operation in units of pounds VOC per gallon of coating (lb./gal); and
VSi = The volume fraction solids content of each coating (i), as applied, used in a day on a coating line or operation in units of gallons solids/gallons coating.
19.14.General Requirement
A.A minor source permit or major source permit, shall be issued pursuant to Part 9 of this Subchapter (Air Pollution Control Permits), if add-on air pollution control equipment is used. If the air pollution control equipment is exempt from the requirements to obtain a permit in Part 9 of this Subchapter (Air Pollution Control Permits), a registration form may be required to be on file with the Office of Air Resources.
B.Any facility which has the potential to emit more than forty-nine (49) tons of VOC and/or ten (10) tons of any one HAP or more than twenty-five (25) tons of any combination of HAP, shall be subject to Part 29 of this Subchapter (Operating Permits).
**History**
- *Amendment — effective from 2025-10-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/01/2025*
- *Technical Revision — effective from 2019-08-14 to 01/04/2022*
- *Amendment — effective from 2019-08-14 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 08/14/2019*
- *Technical Revision — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2017-01-09 to 01/09/2017*
- *Amendment — effective from 2007-07-19 to 01/09/2017*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-24** Removal of Lead Based Paint from Exterior Surfaces
##### **250-RICR-120-05-24 § 24.1** Purpose and Authority {#sec-250-ricr-120-05-24-24.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.1}
24.1.1Purpose
A.The purpose of this Regulation is to specify appropriate procedures for the removal of lead based paint from exterior surfaces.
24.1.2Authority
A.These Regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.2** Repealed {#sec-250-ricr-120-05-24-24.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.2}
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.3** Repealed {#sec-250-ricr-120-05-24-24.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.3}
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.4** Definitions {#sec-250-ricr-120-05-24-24.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.4}
A.Unless otherwise expressly defined in this Section, the terms used in this Regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this Regulation, the following terms shall, where the context permits, be construed as follows:
1."Abrasive blasting" means the procedure of removing paint from a surface by using mechanical force to apply an abrasive material (e.g. sand, grit, or other similar material) to the painted surface.
2."HEPA filter" means a high efficiency particulate air filter capable of filtering out particles of 0.3 microns or greater from a body of air at 99.97 percent efficiency or greater.
3."Hydroblasting" means any abrasive blasting using high pressure liquid as the propelling force.
4."Impenetrable material" means an impermeable material that will not allow any spent abrasives, paint, dust and/or other debris, including all residues generated by paint removal operations, to penetrate through it.
5."Lead-based substance" means any paint or other surface coating material containing more than 0.5 percent lead by weight calculated as lead metal in the dried solid, or greater than or equal to one (1.0) mg/cm² by an X-ray fluorescence analyzer.
6."Lead based paint" means any surface coating material that contains more than 0.5 percent lead by weight calculated as lead metal in the dried solid, or greater than or equal to one (1.0) mg/cm² by an X-ray fluorescence analyzer.
7."Mechanical paint removal" means the use of any mechanical force to remove paint from a surface, including, but not limited to, electrical or other power equipment or abrasive blasting.
8."Paint" means any substance applied to a surface as a surface coating, including, but not limited to, household paints, varnishes and stains.
9."Paint stripper" means any chemical and/or caustic substance applied to a surface for the purpose of removing paint.
10."Representative sample" means a sample of any paint, including a sample of each layer of paint which is on a structure, that may and/or will be removed from a structure.
11."Sandblasting" means abrasive blasting.
12."Vacuum blasting" means any abrasive blasting in which the spent abrasive, paint, dust and/or other debris are immediately collected by a vacuum device.
13."Wet abrasive blasting" means any abrasive blasting using compressed air as the propelling force in combination with water to contain the spent abrasive, paint, particulate, dust and/or other debris generated by the operations.
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.5** Applicability and Exemptions {#sec-250-ricr-120-05-24-24.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.5}
24.5.1Applicability
A.The provisions of this Regulation shall apply to all persons engaging in the removal of a lead based substance from exterior surfaces of buildings and/or other structures, unless exempted below.
24.5.2Exemptions
A.Removal of paint, that is not a lead based substance, from a surface shall be exempted from this Regulation. To qualify for this exemption, a representative sample of any paint, which is to be removed from any surface, must be tested prior to the initiation of paint removal and must contain no more than 0.5% lead by weight calculated as lead metal in the dried solid, or greater than or equal to one (1.0) mg/cm² by an X-ray fluorescence analyzer. The person performing the paint removal operation is responsible for determining if lead paint is present on the structure. Paint removal operations which are exempt from the requirements of this Regulation must comply with the requirements of Part 5 of this Subchapter (Fugitive Dust).
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.6** Notification Requirements {#sec-250-ricr-120-05-24-24.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.6}
A.The following persons shall be notified in writing, by the person conducting the removal operation, at least seven (7) days prior to the beginning of any lead paint removal from the exterior surface of any structure:
1.Adults residing in the structure from which the lead paint is being removed and/or residing within fifty feet (50’) of the structure from which lead paint is being removed, and,
2.The owner, agent, and/or property manager of the structure from which the lead paint is being removed and/or of any building located within fifty feet (50’) of the structure from which lead paint is being removed, and,
3.The owner, agent or manager of any business or organization located in the structure from which the lead paint is being removed and/or within fifty feet (50’) of the structure from which lead paint is being removed, and,
4.The principal of every school and the chief administrative officer of every school within fifty feet (50’) of the structure from which lead paint is being removed.
B.The notification shall include, at a minimum, the following information:
1.The location of the structure from which the lead paint is to be removed,
2.The expected start and completion dates for the lead paint removal project,
3.The lead paint removal procedure to be used, and,
4.The name, address and telephone number of the individual or company responsible for the lead paint removal.
C.In addition, the notification shall include the following statement: "The paint which will be removed from this structure contains lead. Exposure to lead is unhealthful, particularly to young children. Contact the Department of Environmental Management, Office of Air Resources, at 222-2808 for more information."
D.Any and all parties identified in § 24.6(A) of this Part must be notified in writing of any changes in the information included in the original notice.
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.7** Requirements for Preparation of Work Area {#sec-250-ricr-120-05-24-24.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.7}
A.The following procedures must be followed prior to the initiation of lead paint removal from any exterior surfaces of buildings:
1.Remove or cover with an impenetrable material all toys, play equipment and furnishings within a minimum of fifty feet (50’), and/or any other distance which spent abrasive, paint, particulate, dust and/or other debris generated by the removal operations may travel, from a surface from which lead based paint is being removed.
2.Place an impenetrable material on the ground, at the paint removal worksite, to keep any and all spent abrasive, paint, particulate, dust and/or other debris generated by the paint removal operation from being deposited on the ground. If a wet removal system is to be used, procedures must be employed to contain any and all residues generated by the wet abrasive blasting operations.
3.The ground sheeting must be attached to ground by staking, weighing down or any other method to ensure that it remains in place during the paint removal operation.
4.If abrasive blasting, machine sanding or machine scraping is to be employed, close all doors and windows on the walls to be blasted or sanded and securely seal them from the outside. Air conditioning units on these and adjacent walls must be turned off and covered.
5.Erect vertical containment shrouds if there is visible movement of abrasive material, paint, dust and/or other debris beyond ground sheeting.
6.If a wet removal procedure is to be used, a system must be in place prior to initiation of the removal which allows liquid waste to be collected from the ground containment and placed into appropriate containers for proper disposal.
B.Site preparation for exterior paint removal from structures other than buildings must be adequate to prevent spent abrasive material, paint, particulate, dust and/or other debris from being deposited on the ground or in water or travelling offsite. Prior to removing paint from structures other than buildings, the person performing the paint removal work and/or the contractor responsible for the removal operation must submit a plan, that describes the procedure to be employed, to the Office of Air Resources for approval. The paint removal operation must not be initiated until written approval is issued by the Department.
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.8** Requirements for Removal of Lead Paint Using Heat Based Methods {#sec-250-ricr-120-05-24-24.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.8}
A.Open flame burning shall not be used to remove paint from exterior surfaces.
B.Heat guns and/or any other device used for removal of paint from exterior surfaces must be operated such that the temperature of the gun and/or other device does not exceed one thousand one hundred degrees Fahrenheit (1,100o F).
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.9** Requirements for Removal of Lead Paint Using Chemical Based Methods {#sec-250-ricr-120-05-24-24.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.9}
A.Flammable paint strippers and paint strippers containing methylene chloride shall not be used to remove paint from exterior surfaces.
B.Non-flammable paint strippers which do not contain methylene chloride may be used for the removal of exterior paint provided that the manufacturer's instructions for use of the paint stripper are followed.
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.10** Requirements for Removal of Lead Paint Using Mechanical Methods {#sec-250-ricr-120-05-24-24.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.10}
A.Machine sanding and/or machine scraping shall be allowed only if the unit is controlled by a HEPA vacuum unit which immediately collects any and all spent abrasive, paint, particulate, dust and/or other debris generated by the operations. The sanding and/or scraping disk must not be wider than the direct surface upon which it is being applied.
B.Exterior surfaces must be misted with water prior to manual scraping. Dry scraping is not allowed.
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.11** Requirements for Removal of Lead Paint Using Abrasive Blasting {#sec-250-ricr-120-05-24-24.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.11}
A.Dry abrasive blasting shall be allowed only if any and all spent abrasive, paint, particulate, dust and/or other debris generated by the blasting is immediately collected by a HEPA vacuum unit. Any person using a vacuum blast system must comply with the manufacturers' guidelines when using the system.
B.Hydroblasting or wet abrasive blasting may be used for exterior lead paint removal provided that a vertical containment system is employed that prevents any and all fallout generated by the operation from travelling beyond the ground containment. Additionally, any and all liquid waste generated by the operation must be adequately contained and handled in accordance with applicable waste disposal Regulations.
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.12** Alternative Procedures for Removal of Paint Containing Lead {#sec-250-ricr-120-05-24-24.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.12}
A.The Department may, on a case by case basis, allow an alternative procedure for removing paint containing lead provided that the person who uses this procedure shall submit to the Office of Air Resources, in writing, a description of the procedure which demonstrates to the satisfaction of the Department that the proposed alternative provides an equivalent control efficiency to the methods which are contained in §§ 24.8, 24.9, 24.10, and 24.11 of this Part. Use of an alternative procedure shall not begin until a written approval is issued by the Department.
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-24 § 24.13** Requirements for Site Cleanup {#sec-250-ricr-120-05-24-24.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-24#24.13}
A.At the end of each workday, the following procedures must be followed:
1.If a dry removal procedure was used, spray any and all spent abrasive, paint, particulate, dust and/or other debris present on ground sheeting and/or other containments with a fine mist of water and collect the residue and place it in an appropriate container.
2.Visually inspect all areas, including areas that extend beyond the sheeted area, to determine whether any spent abrasive, paint, particulate, dust and/or other debris has escaped containment. If any spent abrasive, paint, particulate, dust and/or other debris generated by the lead paint removal operation is observed it must be collected and placed in single 6-mil or double 4-mil plastic bags or another appropriate container.
3.If bags are used they must not be overloaded. Bags must be securely sealed and stored in such a way that they are not easily accessible to the public.
4.Liquid waste must be collected and stored in appropriate containers. Containers must be securely sealed and stored in a manner such that they are not easily accessible to the public.
5.Plastic sheets used for exterior containments, such as ground sheeting and vertical shrouds, must be removed and stored in a manner such that they are not easily accessible to the public.
B.At the completion of a lead paint removal project, or at the time when all lead paint that is to be removed from a structure has been removed, the following procedures must be implemented:
1.Spray the ground sheeting as specified in § 24.13(A)(1) of this Part. Any and all residue must be collected and placed in an appropriate container. Ground sheeting should then be folded from the ends to the middle and placed into single 6-mil or double 4-mil plastic bags for disposal.
2.Collect any and all liquid waste in appropriate containers.
3.As specified in § 24.13(A)(2) of this Part the area must be inspected for any spent abrasive, paint, particulate, dust and/or other debris which may have escaped containment and any and all such debris must be collected and placed in single 6-mil or double 4-mil plastic bags or an appropriate container.
4.Any and all bags and containers must be securely sealed. Removal and disposal must be in accordance with applicable solid and hazardous waste Regulations.
**History**
- *Amendment — effective from 2026-08-24 to current*
- *Periodic Refile — effective from 2022-01-04 to 08/24/2026*
- *Amendment — effective from 2021-05-12 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 05/12/2021*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-25** Control of Volatile Organic Compound Emissions from Cutback and Emulsified Asphalt
##### **250-RICR-120-05-25 § 25.1** Purpose {#sec-250-ricr-120-05-25-25.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-25#25.1}
The purpose of this regulation is to limit volatile organic compound emissions from cutback and emulsified asphalt used for road paving, maintenance or repairs during the ozone season
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2009-11-12 to 01/04/2022*
- *Technical Revision — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2007-07-19 to 11/12/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-25 § 25.2** Authority {#sec-250-ricr-120-05-25-25.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-25#25.2}
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and Chapter 23-23, as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2009-11-12 to 01/04/2022*
- *Technical Revision — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2007-07-19 to 11/12/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-25 § 25.3** Application {#sec-250-ricr-120-05-25-25.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-25#25.3}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2009-11-12 to 01/04/2022*
- *Technical Revision — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2007-07-19 to 11/12/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-25 § 25.4** Severability {#sec-250-ricr-120-05-25-25.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-25#25.4}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2009-11-12 to 01/04/2022*
- *Technical Revision — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2007-07-19 to 11/12/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-25 § 25.5** Definitions {#sec-250-ricr-120-05-25-25.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-25#25.5}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1."Asphalt" means a dark brown to black cementitious material which is solid, semisolid, or liquid in consistence and in which the predominating constituents are bitumens that occur in nature or which are obtained as residue in refining petroleum.
2."Cutback asphalt" means asphalt cement that has been liquefied by blending with petroleum solvents or any other diluents that contains volatile organic compounds (VOC).
3."Emulsified asphalt" means an emulsion of asphalt cement and water that contains a small amount of an emulsifying agent; emulsified asphalts are heterogeneous systems containing two normally immiscible phases (asphalt and water) in which the water forms the continuous phase of the emulsion and the minute globules of asphalt form the discontinuous phase.
4."Solicit” means to require for use or to specify, by written or oral contract.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2009-11-12 to 01/04/2022*
- *Technical Revision — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2007-07-19 to 11/12/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-25 § 25.6** Applicability and Exemptions {#sec-250-ricr-120-05-25-25.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-25#25.6}
A.Except as specified in § 25.6(B) of this Part, the provisions of this Part shall apply to any person who, on or after May 1, 2010, solicits the use of or applies asphalt for road paving, maintenance or repairs.
B.The use of cutback asphalt or emulsified asphalt that does not comply with the provisions of § 25.7 of this Part shall be allowed provided that prior written approval is granted by the Director and the EPA. Any request for an approval under this section shall be made in writing and shall include, at a minimum, the following information:
1.The scope of the activity;
2.An assessment of alternative materials and products available;
3.The amount of VOC that would be admitted as a result of the activity;
4.The dates during which the activity would occur; and,
5.A demonstration that it is necessary that the activity take place during the period of time between May 1st and September 30th.
C.Wherever the term Volatile Organic Compound or VOC is used in this regulation, this term should be read as Volatile Organic Compound and Halogenated Organic Compound or VOC and HOC.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2009-11-12 to 01/04/2022*
- *Technical Revision — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2007-07-19 to 11/12/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-25 § 25.7** Prohibitions {#sec-250-ricr-120-05-25-25.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-25#25.7}
A.During the period of May 1st through September 30th of any calendar year, no person shall use or apply cutback asphalt.
B.During the period of May 1st through September 30th of any calendar year, no person shall use or apply emulsified asphalt unless:
1.The emulsified asphalt was formulated to contain 0.1% or less VOC by weight, as applied, or,
2.The emulsified asphalt, as applied, produces no greater than 6.0 milliliter of oil distillate by distillation as measured by ASTM Method D 244 or AASHTO Method T 59.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2009-11-12 to 01/04/2022*
- *Technical Revision — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2007-07-19 to 11/12/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-25 § 25.8** Recordkeeping {#sec-250-ricr-120-05-25-25.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-25#25.8}
Any person subject to this regulation shall maintain records of the use of asphalt for road paving, maintenance or repair; asphalt testing data; asphalt formulation data; and any other information that may be necessary to determine compliance with the requirements of this regulation. These records shall be maintained in a readily accessible location for a minimum of three (3) years and shall be made accessible to the Office of Air Resources upon request.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2009-11-12 to 01/04/2022*
- *Technical Revision — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2007-07-19 to 11/12/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-25 § 25.9** Compliance schedule {#sec-250-ricr-120-05-25-25.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-25#25.9}
Compliance with the provisions of this regulation shall be required on and after May 1, 2010.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2009-11-12 to 01/04/2022*
- *Technical Revision — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2009-11-12 to 11/12/2009*
- *Amendment — effective from 2007-07-19 to 11/12/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-30** Control of Volatile Organic Compounds from Automobile Refinishing Operations
##### **250-RICR-120-05-30 § 30.1** Purpose and Authority {#sec-250-ricr-120-05-30-30.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-30#30.1}
30.1.1Purpose
A.The purpose of this Regulation is to limit volatile organic compound emissions from automobile refinishing operations.
30.1.2. Authority
A.These Regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Amendment — effective from 2026-06-22 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/22/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-30 § 30.2** Repealed {#sec-250-ricr-120-05-30-30.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-30#30.2}
**History**
- *Amendment — effective from 2026-06-22 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/22/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-30 § 30.3** Repealed {#sec-250-ricr-120-05-30-30.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-30#30.3}
**History**
- *Amendment — effective from 2026-06-22 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/22/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-30 § 30.4** Definitions {#sec-250-ricr-120-05-30-30.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-30#30.4}
A.Unless otherwise expressly defined in this Section, the terms used in this Regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this Regulation, the following terms shall, where the context permits, be construed as follows:
1."Automobile refinishing" means any coating of Group I or Group II vehicles, their parts and components, or mobile equipment, including partial body collision repairs, for the purpose of protection or beautification and which is subsequent to the original coating applied at the plant coating assembly line.
2."Anti-glare/Safety coating" means a low gloss coating formulated to eliminate glare for safety purposes on interior surfaces of a vehicle, as specified under the U.S. Department of Transportation Motor Vehicle Standards.
3."Basecoat/clearcoat system" means a 2-stage topcoat system composed of a colored basecoat and a transparent final coat. For compliance purposes, the VOC content of basecoat/clearcoat systems is calculated according to the following formula:
VOC Tbc/cc= (VOCbc+2VOCcc)/3
Where:
VOC Tbc/cc is the weighted average of the VOC content, in pounds VOC/gallon of coating, as applied, minus water, in the basecoat and clearcoat system.
VOCbc is the VOC content, in pounds VOC/gallons of coating, as applied, minus water, of any given basecoat.
VOCcc is the VOC content, in pounds VOC/gallons of coating, as applied, minus water, of any given clearcoat.
4."Catalyst" means a substance whose presence initiates the reaction between chemical compounds.
5."Certified product data sheet" means documentation furnished by a coating supplier that provides the VOC content of an automobile refinishing coating in pounds of VOC per gallon of coating, as applied, minus water or of a surface preparation product, in pounds of VOC per gallon of material, as applied, including water, when mixed and used according to the manufacturer's recommendations. VOC content shall be measured using EPA Methods 24 and 311, or an equivalent or alternative method. The purpose of the Certified Product Data Sheet is to assist the facility in demonstrating compliance with the emission limitations presented in § 6 of this Part. Therefore, the VOC content should represent the maximum VOC emission potential of the automobile refinishing coating or surface preparation product. Charts provided by a manufacturer listing the VOC content, as applied, of several of the manufacturer's products will be considered acceptable Certified Product Data Sheets provided that they include the information specified in this definition.
6."Coating applicator" means a device, mechanism, or apparatus used to apply a surface coating. Common types of application techniques include knife, roll, spray or dip.
7."Coating line" means an operation or manufacturing process or device which may be comprised of one or more coating applicators, one or more flash-off areas and/or one or more ovens wherein a surface coating is dried and/or cured.
8."Color match" means the ability of a repair coating to blend into an existing coating so that color difference is not visible.
9."Electrostatic application" means the application of charged atomized paint droplets which are deposited by electrostatic attraction.
10."Extreme performance coatings" means coatings intended for exposure to any of the following; outdoor weather conditions all of the time, temperatures frequently above 95ºC (203ºF), detergents, abrasive and scouring agents, solvents, corrosive atmospheres, or similar environmental conditions.
11."Four stage coating system" means a topcoat system composed of a colored basecoat, two semi-transparent midcoats and a final transparent clearcoat. For compliance purposes, the VOC content of four stage coating systems is calculated according to the following formula:
VOC T4-stage= (VOCbc + VOCmc1 + VOCmc2 + 2VOCcc)/5
Where:
VOC T4-stage is the weighted average of the VOC content, in pounds VOC/gallon of coating, as applied, minus water, in a basecoat, midcoat and clearcoat system.
VOCbc is the VOC content, in pounds VOC/gallon of coating, as applied, minus water, of any given basecoat.
VOCmc1 is the VOC content, in pounds VOC/gallon of coating, as applied, minus water, of the first midcoat.
VOCmc2 is the VOC content, in pounds VOC/gallon of coating, as applied, minus water, of the second midcoat.
VOCcc is the VOC content, in pounds VOC/gallon of coating, as applied, minus water, of any given clearcoat.
12."Group I vehicles" means passenger cars, large/heavy duty truck cabs and chassis, light and medium duty trucks and vans, and motorcycles.
13."Group II vehicles and equipment" means public transit buses and mobile equipment.
14."High volume low pressure spray" or "HVLP" means equipment used to apply coatings by means of a spray gun which operates at between 0.1 and 10 psig air pressure.
15."Lacquer" means coating that dries primarily by solvent evaporation and is resoluble in its original solvent.
16."Large/heavy duty trucks" means any truck having a manufacturer's gross vehicle weight rating of over 10,000 pounds.
17."Light and medium trucks and vans" means any truck or van having a manufacturer's gross vehicle weight rating of 10,000 pounds or less.
18."Mobile equipment" means any equipment which may be drawn or is capable of being driven on a roadway, including, but not limited to, truck bodies, truck trailers, utility bodies, camper shells, mobile cranes, bulldozers, street cleaners, golf carts and implements of husbandry.
19."Oven" means a chamber within which heat is used to bake, cure or polymerize and/or dry a surface coating.
20."Pretreatment" means any coating which contains a minimum of 0.5 percent acid by weight, is necessary to provide surface etching, and is applied directly to bare metal surfaces to provide corrosion resistance and adhesion.
21."Primer" means any coating applied prior to the application of a topcoat for the purpose of corrosion resistance or adhesion.
22."Primer sealer" means a coating that improves the adhesion of the topcoat, provides corrosion resistance, promotes color uniformity, and that resists penetration by the topcoat. "Primer sealer" includes a first coat applied to bare metal primarily for the purpose of preventing corrosion.
23."Primer surfacer" means a coating that fills in surface imperfections and builds a film thickness in order to allow sanding.
24."Reducer" means a solvent used to thin enamel.
25."Specialty coating" means a product which is necessary due to unusual job performance requirements. These coatings or additives include, but are not limited to, adhesion promoters, uniform finish blenders, elastomeric materials, gloss flatteners, bright metal trim repair, and anti-glare coatings.
26."Surface preparation product" means a product formulated to dissolve and remove tar, grease, wax, and other hydrophobic contaminants from a surface to be refinished.
27."Three stage coating system" means a topcoat system composed of a colored basecoat, a semi-transparent midcoat and a final transparent clearcoat. For compliance purposes, the VOC content of three stage coating systems is calculated according to the following formula:
VOC T3-stage= (VOCbc + VOCmc + 2VOCcc)/4
Where:
VOC T3-stage is the weighted average of the VOC content, in pounds VOC/gallon of coating, as applied, minus water, in a basecoat, midcoat and clearcoat system.
VOCbc is the VOC content, in pounds VOC/gallon of coating, as applied, minus water, of any given basecoat.
VOCmc is the VOC content, in pounds VOC/gallon of coating, as applied, minus water, of any given midcoat.
VOCcc is the VOC content, in pounds VOC/gallon of coating, as applied, minus water, of any given clearcoat.
28."Topcoat" means the final film or series of films of coating applied to a surface and includes basecoat/clearcoat systems.
29."Transfer efficiency" means the portion of coating solids which adhere to the substrate during the application process, expressed as a percentage of the total volume of coating solids delivered by the applicator.
30."Utility body" means a special service compartment or unit that will be bolted, welded, or affixed onto an existing cab and chassis. The compartment may serve as storage for equipment or parts.
**History**
- *Amendment — effective from 2026-06-22 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/22/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-30 § 30.5** Applicability {#sec-250-ricr-120-05-30-30.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-30#30.5}
A.The provisions of this Regulation apply to any person who owns, leases, operates or controls an automobile refinishing facility. The provisions of § 6 of this Part shall also apply to any person who sells or offers for sale in Rhode Island any automobile refinishing coating or surface preparation product.
B.Wherever the term Volatile Organic Compound or VOC is used in §§ 5 through 12 and 4 of this Part, this term should be read as Volatile Organic Compound and Halogenated Organic Compound or VOC and HOC.
**History**
- *Amendment — effective from 2026-06-22 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/22/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-30 § 30.6** Emission Limitations {#sec-250-ricr-120-05-30-30.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-30#30.6}
A.Group I Vehicles
1.All coatings used for refinishing Group I vehicles, their parts and components, or Group II vehicles and mobile equipment where color match is required, must meet the emission limitations listed in Table 1:
TABLE 1
TYPE OF COATING
EMISSION LIMITATION
lb. VOC/gallon coating applied minus water
lb. VOC/gallon solids applied
Pretreatment
6.5
55.6
Primer/Primer Surfacer
4.8
13.8
Primer Sealer
4.6
12.3
Topcoat
5.0
15.6
Three or Four Stage Coating
5.2
17.7
Specialty Coating
7.0
143.1
2.For facilities complying without using add-on control equipment, the pounds of VOC per gallon of coating (minus water) limit must be met. For facilities which use add-on control equipment, the pounds of VOC/gallon of solids emission limit must be met.
B.Group II Vehicles
1.All used for refinishing Group II vehicles or their parts and components where color match is not required, must meet the emission limitations listed in Table 2:
TABLE 2
TYPE OF COATING
EMISSION LIMITATION
lb. VOC/gallon coating applied minus water
lb. VOC/gallon of solids applied
Pretreatment
6.5
55.6
Primer/Primer Surfacer
2.8
4.5
Primer Sealer
3.5
6.7
Topcoat
3.5
6.7
Extreme Performance Coating
6.2
39.3
Specialty Coating
7.0
143.1
2.For facilities complying without using add-on control equipment, the pounds of VOC per gallon of coating (minus water) limit must be met. For facilities which use add-on control equipment, the pounds of VOC/gallon of solids emission limit must be met.
C.Compliance with the emission limitations of §§ 6(A) and 6(A)(1) of this Part shall be achieved through:
1.Use of coatings which comply with the applicable emission limitations listed in §§ 6(A) and 6(A)(1) of this Part for all coatings used, or,
2.Installation of a control system which has been approved by the Department and which reduces the total VOC emissions from the facility by 95 percent or greater as compared to uncontrolled VOC emissions, or,
3.Installation of a control system which has been approved by the Department and which reduces VOC emissions to the equivalent of the emission limitations of §§ 6(A) and 6(A)(1) of this Part as calculated on a solids applied basis, or,
4.An alternative equivalent method of control as approved by the Director. Any alternative method approved by the Director must also be approved by EPA as a source specific State Implementation Plan (SIP) revision.
D.All surface preparation products, except for surface preparation products which are used exclusively on plastic surfaces, shall have a VOC content which does not exceed 1.4 pounds VOC/gallon of material as applied including water. Surface preparation products which are used exclusively on plastic surfaces shall have a VOC content which does not exceed 6.5 pounds VOC/gallon of material as applied including water.
E.No person shall sell or offer for sale in Rhode Island any automobile refinishing coating or surface preparation product that does not comply with the applicable emission limitations in §§ 6(A), 6(A)(1) and 6(B) of this Part. This provision does not apply to the following:
1.Sale of automobile refinishing coatings and surface preparation products supplied in containers having capacities less than one pint,
2.Sale of automobile refinishing coatings or surface preparation products for use in applications other than automobile refinishing,
3.Sale of automobile refinishing coatings or surface preparation products for use outside of the State of Rhode Island,
4.Sale of automobile refinishing coatings to facilities which are equipped with and are operating a control system provided that:
a.The control system is in compliance with the specifications in § 6(A)(2) of this Part, and,
b.The buyer provides the seller with a copy of the Department’s approval of the control system, and,
c.The seller maintains the copy of the approval for a period of three (3) years and makes it available for inspection by the Department or the EPA, upon request.
F.Any person selling an automobile refinishing coating or surface preparation product in Rhode Island shall provide the buyer with a copy of a Certified Product Data Sheet for that material, as defined in § 4 of this Part.
**History**
- *Amendment — effective from 2026-06-22 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/22/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-30 § 30.7** Equipment Specifications {#sec-250-ricr-120-05-30-30.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-30#30.7}
A.No person shall engage in automobile refinishing unless one of the following methods is used:
1.Electrostatic application equipment, operated in accordance with the manufacturer's recommendations; or,
2.High Volume Low Pressure (HVLP) spray equipment, operated in accordance with the manufacturer's recommendations; or,
3.Another type of application which achieves a transfer efficiency of at least 65% and has been approved by the Director.
B.All spray guns must be cleaned in a device that meets the following specifications:
1.Solvent must be recirculated during the cleaning process so that the solvent is used until it no longer cleans guns satisfactorily; and,
2.Spent solvent must be collected so it is available for disposal; and,
3.The device must be vapor tight during cleaning, rinsing and draining operations or must achieve equivalent emissions reductions and be approved by the Director.
C.Fresh and spent solvent, cloth or paper which has been used for solvent surface preparation and cleanup, waste paint, and sludge must be stored in closed containers. Disposal of such materials must be in accordance with applicable hazardous waste and solid waste regulations.
**History**
- *Amendment — effective from 2026-06-22 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/22/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-30 § 30.8** Recordkeeping {#sec-250-ricr-120-05-30-30.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-30#30.8}
A.On and after the compliance dates specified in § 12(A) of this Part, the owner or operator of an automobile refinishing facility shall collect and record all of the following information and maintain the information at the facility for a period of five (5) years. These records shall be made available to the Department and EPA upon request.
1.The name, identification number and manufacturer of each coating, reducer, catalyst surface preparation product, and cleanup solvent used at the facility;
2.The volume of each coating, reducer, surface preparation product, and cleanup solvent used at the facility each month;
3.Certified Product Data Sheets showing the VOC content, in pounds of VOC/gallon of coating, excluding water, as applied, of each coating used at the facility;
4.Certified Product Data Sheets showing the VOC content, in pounds of VOC/gallon of material, including water, as applied, of each surface preparation product used at the facility;
5.For each basecoat/clearcoat, three stage coating, and four stage coating system used, the weighted average VOC content of the coating, calculated as specified in § 4 of this Part;
6.A daily log of operating time for any capture system, control device, monitoring equipment, and the associated coating line or operation;
7.A maintenance log for any capture system, control device, and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages;
8.Annually record for operations in the facility from which volatile organic compounds are emitted the following:
a.Quantities of coatings, solvents, dissolvers, viscosity reducers, diluents, thinners, reagents, cleaning agents, enamels, lacquers, or paints consumed during the calendar year of record, and
b.The amount of volatile organic compound per gallon of coating solution (pounds per gallon) for each coating, enamel, lacquer, or paint consumed at the facility during the calendar year of record.
9.For thermal incinerators:
a.All 3-hour periods of operation in which the average combustion temperature was more than 28ºC (50ºF) below the average combustion temperature during the most recent performance test that demonstrated that the facility was in compliance, and,
b.The operating temperature.
10.For catalytic incinerators:
a.All periods where the temperature increase across the catalyst bed is less than 80% of the temperature increase recorded during the most recent performance test that demonstrated that the facility was in compliance, and,
b.The inlet and outlet temperatures and temperature rise across the catalyst bed.
11.For carbon adsorbers:
a.All 3-hour periods of operation during which the average VOC concentration or reading of organics in the exhaust gases is more than 20 percent greater than the average exhaust gas concentration or reading measured by the organics monitoring device during the most recent determination of the recovery efficiency of the carbon adsorber that demonstrated that the facility was in compliance, and,
b.The pressure drop across the adsorber and the hydrocarbon levels for breakthrough.
**History**
- *Amendment — effective from 2026-06-22 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/22/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-30 § 30.10** Repealed {#sec-250-ricr-120-05-30-30.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-30#30.10}
**History**
- *Amendment — effective from 2026-06-22 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/22/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-30 § 30.11** Compliance Demonstration/Testing {#sec-250-ricr-120-05-30-30.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-30#30.11}
A.Compliance with emission limitations of §§ 6(A), 6(A)(1), and 6(B) of this Part shall be demonstrated upon request of the Director in accordance with 40 C.F.R. § 60, Appendix A, Methods 24, 24A, 25 or any other EPA approved method which has been accepted by the Director. A one hour bake time must be used for Methods 24 and 24A. Methods 24 and 24A apply to multicomponent coatings.
B.(Reserved for stack exhaust sampling techniques.)
C.Facilities using control equipment to comply with the emission limitations of §§ 6(A) and 6(A)(1) of this Part must show that the equipment meets specific capture and control efficiency limits which will be set in an enforceable document. Compliance must be demonstrated upon equipment start up and thereafter upon request of the Director. Control efficiency of the equipment shall be determined using EPA-approved test methods. Calculations shall be done on a solids applied basis. Compliance averaging times shall be met according to the control device chosen and EPA test methods (as codified in 40 C.F.R. § 60), as follows:
TABLE 3
Compliance Method
EPA Reference Test Method
Test Averaging Time
Solvent destruction or solvent recovery except carbon adsorption
25
3 hours
Carbon adsorption
25 or other test method as appropriate
The length of adsorption cycle or 24-hours, which-ever is less.
1.or other methods approved by the Department and EPA. Once the control efficiency has been determined for any control device by Reference Method 25, or any alternative method approved by the Department and EPA, compliance shall be determined on an instantaneous basis time period (e.g. determined control efficiency shall be used to calculate whether samples from the process meet the applicable emissions limit.) Continuous compliance will be maintained at all times.
D.Compliance with transfer efficiency requirements specified in § 7(A)(3) of this Part shall be demonstrated using a method acceptable to the Department and EPA.
**History**
- *Amendment — effective from 2026-06-22 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/22/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-30 § 30.12** Compliance Schedule {#sec-250-ricr-120-05-30-30.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-30#30.12}
A.Persons owning, leasing or controlling the operation of any automobile refinishing facility commencing operation after July 1, 1994 must be in compliance with the emission limits specified in §§ 6(A) and 6(A)(1) of this Part upon commencing operation.
B.Within fifteen (15) days of achieving compliance with §§ 6 and 7 of this Part, the owner or operator of the facility shall certify to the Director in writing that compliance has been achieved. Such certification shall be signed by the owner or operator of the facility, and shall include the date that compliance was achieved.
**History**
- *Amendment — effective from 2026-06-22 to current*
- *Periodic Refile — effective from 2022-01-04 to 06/22/2026*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-32** Control of Volatile Organic Compounds from Marine Vessel Loading Operations
##### **250-RICR-120-05-32 § 32.1** Purpose {#sec-250-ricr-120-05-32-32.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-32#32.1}
The purpose of this regulation is to limit volatile organic compound emissions from marine vessel loading operations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-32 § 32.2** Authority {#sec-250-ricr-120-05-32-32.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-32#32.2}
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-32 § 32.3** Application {#sec-250-ricr-120-05-32-32.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-32#32.3}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-32 § 32.4** Severability {#sec-250-ricr-120-05-32-32.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-32#32.4}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-32 § 32.5** Definitions {#sec-250-ricr-120-05-32-32.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-32#32.5}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to (General Definitions), Part 0 of this Subchapter. As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1."Combustion device" means emission control equipment used for combustion or destruction of organic vapors and includes, but is not limited to, thermal incinerators, catalytic incinerators, flares, boilers, and process heaters.
2."Emission control equipment" means any equipment, machinery, apparatus, or device used to recover or reduce emissions of volatile organic compounds.
3."Gasoline" means any petroleum distillate having a Reid vapor pressure of more than 4 psia as determined by ASTM Method D323. This term includes but is not limited to mixtures of alcohols and gasoline.
4."Leak free" means the dripping of a liquid containing volatile organic compounds at a rate of four drops per minute or less; or an emission of gaseous volatile organic compounds which causes an appropriate analyzer sampling one centimeter or less from a source to register less than 10,000 ppm as methane.
5."Loading event" means an incident or occurrence beginning with the connecting of marine terminal storage tanks to a marine tank vessel by means of pipes or hoses followed by the transferring of organic liquid cargo and ending with the disconnecting of the pipes or hoses; or any means of admitting any other liquid into a marine vessel's cargo tanks. Loading events shall include only such incidents which occur when a marine tank vessel is moored to a dock or other permanent stationary structure.
6."Marine tank vessel" means any marine vessel which is specially constructed or converted to carry liquid bulk cargo in tanks.
7."Marine terminal" means any facility, equipment, or structure constructed to load or unload organic liquid bulk cargo into or out of marine tank vessels.
8."Marine vessel" means any tugboat, tanker, freighter, passenger ship, barge or other boat, ship or water craft except those used primarily for recreation.
9."Organic liquid" means, for the purposes of this regulation, gasoline, gasoline blending stocks, aviation gas and aviation fuel which contains gasoline, such as JP-4 type.
10."Recovery device" means emission control equipment used to remove organic vapors and recover liquids or chemicals and includes, but is not limited to, absorbers, carbon absorbers, and condensers.
11."Segregated ballasting operations" means the loading of ballast water into tanks on a marine vessel if those tanks are used only for ballasting and never hold organic liquid.
12."Vapor tight marine vessel" means a marine vessel which has been demonstrated within the previous 12 months to have no leaks. A marine vessel loaded at negative pressure is assumed to be vapor tight for the purposes of this regulation. Discharges from pressure/vacuum relief valves on cargo tank vent lines are not considered leaks for the purposes of this definition.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-32 § 32.6** Applicability {#sec-250-ricr-120-05-32-32.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-32#32.6}
A.The provisions of this regulation apply to any loading event in which organic liquid is loaded into marine tank vessels and to loading events in which any liquid is loaded into a marine vessel's cargo tanks if the most recent cargo held in those tanks was an organic liquid. This regulation does not apply to segregated ballasting operations.
B.Wherever the term Volatile Organic Compound or VOC is used in §§ 32.6 through 32.10 of this Part, this term should be read as Volatile Organic Compound and Halogenated Organic Compound or VOC and HOC.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-32 § 32.7** Emission Limitations {#sec-250-ricr-120-05-32-32.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-32#32.7}
A.A loading event shall not be conducted unless one of the following conditions is met:
1.Volatile organic compounds emissions do not exceed 5.7 grams per cubic meter (2 pounds per 1000 barrels) of liquid loaded into the marine tank vessel, or,
2.The emissions of volatile organic compounds are reduced by at least 95 percent by weight from uncontrolled conditions if a recovery device is used and by at least 98 percent by weight from uncontrolled conditions if a combustion device is used.
B.All of a marine terminal's hatches, pressure relief valves, connections, gauging ports and vents which are used in connection with a loading event shall be leak free.
C.A loading event shall not be conducted unless the receiving marine vessel is vapor tight. To determine whether a marine vessel is vapor tight, the owner or operator of the marine terminal must follow the following procedures for each loading event, with the exception of loading events performed at a negative pressure:
1.Obtain a copy of the record of the most recent pressure test or leak test on the receiving marine vessel. The record must contain all information specified in § 32.8(B) of this Part.
2.If, according to the records obtained pursuant to the requirements of § 32.7(C)(1) of this Part, the marine vessel passed the most recent pressure or leak test and that test was performed within the previous 12 month period, the vessel shall be considered vapor tight.
3.If, according to the records obtained pursuant to the requirements of § 32.7(C)(1) of this Part, the marine vessel failed its most recent leak or pressure test, no loading event shall be conducted unless the operator of the marine vessel provides written documentation that all leaks have been repaired subsequent to the failed test. Any loading event involving a marine vessel that has been repaired subsequent to failing its most recent leak or pressure test must be conducted in conjunction with the performance of a leak test, as specified in § 32.7(C)(4) of this Part.
4.If, according to the records obtained pursuant to the requirements of § 32.7(C)(1) of this Part, the marine vessel has not passed a leak or pressure test within the previous 12 month period, a leak test of the vessel shall be performed during the loading event. No loading events shall be performed if the vessel failed its most recent leak test or pressure test and does not provide the owner or operator of the marine terminal with documentation that shows that all leaks subsequently have been repaired, as specified in § 32.7(C)(3) of this Part.
5.A person testing a marine vessel to determine whether that vessel is vapor tight shall provide the operator of the marine vessel and the owner or operator of the marine terminal with documentation of the test which includes all information specified in § 32.8(B) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-32 § 32.8** Recordkeeping and Recording {#sec-250-ricr-120-05-32-32.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-32#32.8}
A.The owner or operator of a marine terminal loading facility shall record the following information about each loading event and maintain this information at the facility for a period of five years:
1.The location of the loading event,
2.The company responsible for conducting the loading event,
3.The date and time at which the marine vessel arrived and departed from the location of the loading event,
4.The name, registry of vessels and name and address of the legal owner of the marine tank vessel participating in the loading event,
5.The prior cargo carried by the receiving marine tank vessel,
6.The type and amount of liquid cargo loaded into the receiving marine tank vessel,
7.The condition of the receiving tanks prior to being loaded (i.e. cleaned, crude oil, washed, gas freed, etc.),
8.The amount of ballast water added to a marine vessel's tanks, except for ballast water used in segregated ballasting operations, and,
9.A description of procedures used to prevent venting.
B.The owner or operator of a marine terminal shall maintain at the facility for a period of five (5) years a record of the most recent leak test or pressure test conducted on a marine vessel prior to or in conjunction with each loading event. Such records shall be made available to the Department or to EPA on request and shall include the following information:
1.Test method;
2.Marine vessel owner and address;
3.Marine vessel identification number;
4.Date and location of test;
5.Tester's name and signature;
6.Witnessing inspector's name, signature and affiliation; and,
7.Test results.
C.The owner or operator of a marine terminal at which loading events subject to this regulation are conducted shall collect and record the following information and maintain the information at the facility for a period of five (5) years. These records shall be made available to the Department and EPA upon request.
1.The date and results of each emission test performed at the facility as required in § 32.9(A) of this Part and of each leak free determination performed as required in § 32.9(B) of this Part;
2.A daily log of operating time for any capture system, emission control equipment, and monitoring equipment;
3.A maintenance log for any capture system, emission control equipment, and monitoring equipment detailing all routine and non-routine maintenance performed, including dates and duration of any outages;
4.A maintenance log for all of the marine terminal's hatches, pressure relief valves, connections, gauging ports and vents which are used in connection with loading events, including dates when leaks were repaired;
5.The dates of any loading events which bypassed the emission control equipment or which were performed when the marine terminal was not leak free;
6.For thermal incinerators:
a.All 3-hour periods of operation in which the average combustion temperature was more than 28ºC (50ºF) below the average combustion temperature during the most recent performance test that demonstrated that the facility was in compliance, and,
b.The operating temperature.
7.For catalytic incinerators:
a.All periods where the temperature increase across the catalyst bed is less than 80% of the temperature increase recorded during the most recent performance test that demonstrated that the facility was in compliance, and,
b.The inlet and outlet temperatures and temperature rise across the catalyst bed.
8.For carbon adsorbers:
a.All 3-hour periods of operation during which the average VOC concentration or reading of organics in the exhaust gases is more than 20 percent greater than the average exhaust gas concentration or reading measured by the organics monitoring device during the most recent determination of the recovery efficiency of the carbon adsorber that demonstrated that the facility was in compliance, and,
b.The pressure drop across the adsorber and the hydrocarbon levels for breakthrough.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-32 § 32.9** Compliance Demonstration/Testing {#sec-250-ricr-120-05-32-32.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-32#32.9}
A.Compliance with the emission limitations of § 32.7(A) of this Part shall be demonstrated upon startup of the emission control equipment and thereafter upon request of the Director in accordance with 40 C.F.R. § 60, Appendix A, Method 25 as amended or another EPA approved method which has been accepted by the Director. This test shall be conducted so that at least 50% of the total liquid loaded is included.
B.Leak free determinations at marine terminals shall be made upon startup of the emission control equipment and monthly thereafter. Gaseous leaks shall be measured in accordance with EPA Reference Method 21 or another method which has been accepted by the Director and by EPA.
C.Any leak test or pressure test used to demonstrate that a marine vessel is vapor tight shall utilize a method which has been accepted by the Director and by EPA.
D.The owner or operator of a marine terminal shall notify the Director of the date of any test demonstrating the control efficiency of emission control equipment at least 90 days in advance of that date. If required by the Department, a sampling protocol shall be submitted at least 60 days in advance of the testing date. Testing results shall be submitted to the Office of Air Resources within 30 days of completion of the test.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
##### **250-RICR-120-05-32 § 32.10** Compliance Schedules {#sec-250-ricr-120-05-32-32.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-32#32.10}
A.Any marine terminal at which a loading event subject to this regulation is conducted shall be in compliance with the provisions of §§ 32.7 and 32.8 of this Part on and after January 1, 1996.
B.The owner or operator of any marine terminal at which loading events subject to this regulation are conducted shall, by July 30, 1994, submit to the Director a compliance plan which describes the steps and schedule that will be taken to achieve compliance with this regulation.
C.Any compliance plan which includes equipment replacement or modification or installation of emission control equipment shall provide for periodic increments of progress, including but not limited to:
1.Date by which engineering plans and permit applications will be submitted,
2.Date by which equipment will be ordered,
3.Installation date after confirmation of order by the manufacturer, and,
4.Date by which the applicable regulatory emission limitations will be achieved after equipment is in satisfactory operation.
D.No compliance schedule submitted to satisfy the requirements of this section shall allow a facility to exceed any applicable emission limitations including but not limited to:
1.Best Available Control Technology determinations, or,
2.Lowest Achievable Emissions Rate determinations, or,
3.Federal New Source Performance Standards codified at 40 C.F.R. § 60, or National Emission Standards for Hazardous Air Pollutants, codified at 40 C.F.R. § 61 or § 63, or,
4.Any other condition or standard that is specifically required by the Clean Air Act (as amended) for new or modified sources.
E.Compliance schedules submitted in accordance with the requirements of this section are subject to review and approval by the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Amendment — effective from 2007-07-19 to 07/19/2007*
- *Periodic Refile — effective from 2001-12-31 to 07/19/2007*
#### **250-RICR-120-05-45** Rhode Island Diesel Engine Anti-Idling Program
##### **250-RICR-120-05-45 § 45.1** Purpose and Authority {#sec-250-ricr-120-05-45-45.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-45#45.1}
45.1.1Purpose
The purpose of this regulation is to specify the requirements for Rhode Island’s Diesel Engine Anti-Idling Program and to protect public health and the environment by reducing emissions that result from unnecessary idling while conserving fuel and to codify the requirements of R.I. Gen. Laws Chapter 31-16.1 and R.I. Gen. Laws § 23-23-29.
45.1.2Authority
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Adoption — effective from 2007-07-19 to 07/19/2007*
##### **250-RICR-120-05-45 § 45.** 2 Application {#sec-250-ricr-120-05-45-45. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-45#45.}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Adoption — effective from 2007-07-19 to 07/19/2007*
##### **250-RICR-120-05-45 § 45.** 3 Severability {#sec-250-ricr-120-05-45-45. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-45#45.}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Adoption — effective from 2007-07-19 to 07/19/2007*
##### **250-RICR-120-05-45 § 45.** 4 Definitions {#sec-250-ricr-120-05-45-45. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-45#45.}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1."Diesel engine" means a compression ignition type of internal combustion engine.
2."Diesel motor vehicle" means a vehicle powered by a diesel engine but shall not include non-road diesel engines, auxiliary power units on on-road motor vehicles, or stationary diesel engines.
3."Idling" means the operation of the engine while the vehicle is stationary or the piece of non-road equipment is not performing work.
4."Non-road diesel engine" means a diesel engine intended for use off public highways or in other similar applications, and include, but are not limited to, diesel engines in: farm vehicles, locomotives, aircraft, marine vessels, construction equipment, airport ground support equipment, commercial and industrial equipment.
5."Unnecessary idling" means idling which does not meet one of the exemptions listed in § 45.8 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Adoption — effective from 2007-07-19 to 07/19/2007*
##### **250-RICR-120-05-45 § 45.5** Applicability {#sec-250-ricr-120-05-45-45.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-45#45.5}
These regulations apply to any person, entity, owner or operator with control over the operations of diesel engines.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Adoption — effective from 2007-07-19 to 07/19/2007*
##### **250-RICR-120-05-45 § 45.** 6 Diesel Motor Vehicle Engine Idling {#sec-250-ricr-120-05-45-45. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-45#45.}
No person, entity, owner or operator shall cause, allow or permit the unnecessary idling of the engine of a diesel motor vehicle while said vehicle is stopped for a period of time in excess of five (5) consecutive minutes in any sixty (60) minute period, except as provided in the exemptions listed in § 45.8 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Adoption — effective from 2007-07-19 to 07/19/2007*
##### **250-RICR-120-05-45 § 45.** 7 Non- R oad Diesel Engine Idling {#sec-250-ricr-120-05-45-45. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-45#45.}
No person, entity, owner or operator shall cause, suffer, allow or permit the unnecessary idling of non-road diesel engines under its control or on its property.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Adoption — effective from 2007-07-19 to 07/19/2007*
##### **250-RICR-120-05-45 § 45.** 8 Exemptions {#sec-250-ricr-120-05-45-45. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-45#45.}
A.Vehicles, diesel engines and non-road diesel engines are exempt from the requirement of this regulation in the following circumstances:
1.Vehicles that remain motionless due to traffic conditions or at the direction of a law enforcement official.
2.Vehicles idling when it is necessary to operate defrosting, heating, or cooling equipment to ensure the health or safety of the driver or passengers. In the case of providing heat, the exemption allows idling for up to 15 minutes per hour when temperatures are between 0 degrees and 32 degrees Fahrenheit. Idling for the purpose of providing heat will be allowed as needed when temperatures are below 0 degrees Fahrenheit. A passenger bus may idle a maximum of 15 minutes per hour to maintain passenger comfort while non-driver passengers are onboard whenever temperatures are below 50 degrees Fahrenheit.
3.Vehicles necessarily idling when the primary propulsion engine is needed to power work-related mechanical or electrical operations other than propulsion (e.g., mixing or processing cargo or straight truck refrigeration). This exemption does not apply when idling for cabin comfort or to operate non-essential on-board equipment.
4.Non-road diesel engines may idle when the engine idles for maintenance, servicing, repairing, or diagnostic purposes, if idling is required for such activity. In addition, a non-road diesel engine may idle as part of a state or federal inspection to verify that all equipment is in good working order, if idling is required as part of the inspection.
5.An occupied vehicle with a sleeper berth compartment may idle for purposes of air conditioning or heating during federally mandated rest or sleep period. This exemption shall expire on July 1, 2010.
6.Vehicles may idle when the primary propulsion engine idles for maintenance, servicing, repairing, or diagnostic purposes, if idling is required for such activity. In addition, a vehicle may idle as part of a state or federal inspection to verify that all equipment is in good working order, provided idling is required as part of the inspection.
7.Police, fire, rescue, ambulance and other public safety vehicles, military vehicles, armored vehicles, other emergency or law enforcement vehicle, or any vehicle being used in an emergency capacity, may idle while in an emergency or training mode and not for the convenience of the vehicle operator. Also, an armored vehicle may idle when a person remains inside the vehicle to guard the contents, or while the vehicle is being loaded or unloaded.
8.Airfield maintenance vehicles while actively being used to achieve their intended purpose on a state-owned or operated airport.
9.Diesel powered engines or vehicles that must continuously operate while stationary in order to perform their intended function, in accordance with all applicable regulations (e.g., an electricity generator which is actively being used to power equipment on-site).
10.Operating a vehicle mounted auxiliary power unit or generator set as a means to heat, air condition or provide electrical power as an alternative to idling the vehicle’s main engine is not considered idling.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Adoption — effective from 2007-07-19 to 07/19/2007*
##### **250-RICR-120-05-45 § 45.** 9 Penalties {#sec-250-ricr-120-05-45-45. omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-45#45.}
Any person who violates the provisions of this regulation shall be punished by a fine of not more than one hundred dollars ($100) for the first offense, not more than five hundred dollars ($500) for each succeeding offense, as stated in R.I. Gen. Laws §§ 31-16.1-3 and 31-16.1-4. Penalties shall be assessed against the person, entity, owner or operator of any vehicle or non-road diesel engine found to be in violation of this regulation. Additionally, penalties may be assessed against any person who allows or permits unnecessary idling to occur on property under their control.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-07-19 to 01/04/2022*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Technical Revision — effective from 2007-07-19 to 07/19/2007*
- *Adoption — effective from 2007-07-19 to 07/19/2007*
#### **250-RICR-120-05-48** Outdoor Wood Boilers
##### **250-RICR-120-05-48 § 48.1** Purpose {#sec-250-ricr-120-05-48-48.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-48#48.1}
The purpose of this regulation is to limit emissions of particulate matter from outdoor wood boilers.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2011-04-14 to 01/04/2022*
- *Technical Revision — effective from 2011-04-14 to 04/14/2011*
- *Adoption — effective from 2011-04-14 to 04/14/2011*
##### **250-RICR-120-05-48 § 48.2** Authority {#sec-250-ricr-120-05-48-48.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-48#48.2}
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2011-04-14 to 01/04/2022*
- *Technical Revision — effective from 2011-04-14 to 04/14/2011*
- *Adoption — effective from 2011-04-14 to 04/14/2011*
##### **250-RICR-120-05-48 § 48.3** Application {#sec-250-ricr-120-05-48-48.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-48#48.3}
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2011-04-14 to 01/04/2022*
- *Technical Revision — effective from 2011-04-14 to 04/14/2011*
- *Adoption — effective from 2011-04-14 to 04/14/2011*
##### **250-RICR-120-05-48 § 48.4** Severability {#sec-250-ricr-120-05-48-48.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-48#48.4}
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2011-04-14 to 01/04/2022*
- *Technical Revision — effective from 2011-04-14 to 04/14/2011*
- *Adoption — effective from 2011-04-14 to 04/14/2011*
##### **250-RICR-120-05-48 § 48.5** Definitions {#sec-250-ricr-120-05-48-48.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-48#48.5}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1.“Distribute or sell” means to distribute, sell, advertise for sale, offer for sale, lease, ship, deliver for shipment, release for shipment, or receive and (having so received) deliver or offer to deliver. This term does not include the distribution or sale by a manufacturer of an outdoor wood boiler that is installed outside the State.
2.“Manufacturer” means any person who constructs or imports into the United States an outdoor wood boiler.
3.“Outdoor wood boiler” means a fuel burning device designed to
a.burn wood or other solid fuels;
b.that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and
c.heats building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.
4.“Particulate matter" or PM” means total particulate matter including PM10 and PM2.5 (condensable and non-condensible fraction).
5.“Sale” means the transfer of ownership or control. This includes the transfer of ownership or control of an outdoor wood boiler that is relocated from one property to another. Sale does not include transfer of ownership or control of the home (i.e., the house is sold) and the outdoor wood boiler remains onsite.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2011-04-14 to 01/04/2022*
- *Technical Revision — effective from 2011-04-14 to 04/14/2011*
- *Adoption — effective from 2011-04-14 to 04/14/2011*
##### **250-RICR-120-05-48 § 48.6** Applicability {#sec-250-ricr-120-05-48-48.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-48#48.6}
This regulation applies, in its entirety, to any manufacturer, supplier, distributor or person intending to sell, lease, distribute, or market, an outdoor wood boiler in the State of Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2011-04-14 to 01/04/2022*
- *Technical Revision — effective from 2011-04-14 to 04/14/2011*
- *Adoption — effective from 2011-04-14 to 04/14/2011*
##### **250-RICR-120-05-48 § 48.7** Limitations {#sec-250-ricr-120-05-48-48.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-48#48.7}
Effective July 1, 2011, no person shall import, supply, distribute or sell, install or allow the installation of any outdoor wood boiler subject to this regulation unless it has been certified or qualified by EPA to meet a particulate matter emission standard of 0.32 pounds per million British Thermal Units output. In addition, within each of the burn rate categories as established in EPA test method 28, no individual test run shall exceed 18.0 grams per hour.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2011-04-14 to 01/04/2022*
- *Technical Revision — effective from 2011-04-14 to 04/14/2011*
- *Adoption — effective from 2011-04-14 to 04/14/2011*
##### **250-RICR-120-05-48 § 48.8** Notice to Buyers {#sec-250-ricr-120-05-48-48.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-48#48.8}
A.The distributor or seller of every new or used outdoor wood boiler shall provide each prospective buyer with a copy of applicable state law concerning outdoor wood boilers, this regulation and a notice containing the following:
1.An acknowledgment that the buyer was provided with a copy of applicable state law concerning outdoor wood boilers and this regulation;
2.The current list of Phase 2 outdoor wood boiler models that qualify for EPA's Outdoor Wood-Fired Hydronic Heater program;
3.The manufacturer’s recommendations regarding permitted and, if applicable, prohibited fuels and if applicable a list of permitted fuels under the Rhode Island General Laws; and,
4.A statement that the municipality where the outdoor wood boiler will be installed may impose more stringent limitations on installation than those contained in this regulation.
B.The buyer and the seller or distributor shall sign and date the notice when the sale is completed. The name and address of the buyer, name of the manufacturer, and model and date of manufacture of the outdoor wood boiler shall be included in the completed notice.
C.The distributor or seller shall keep on file a copy of each signed notice for at least three (3) years from the date of sale. The distributor or seller shall make each notice available for inspection or copying by the municipal official responsible for administration of state law concerning outdoor wood boilers or his or her designee, or by the director or his or her designee.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2011-04-14 to 01/04/2022*
- *Technical Revision — effective from 2011-04-14 to 04/14/2011*
- *Adoption — effective from 2011-04-14 to 04/14/2011*
##### **250-RICR-120-05-48 § 48.9** Municipal Authority {#sec-250-ricr-120-05-48-48.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-48#48.9}
Nothing in this regulation shall be construed to limit the authority of a city or town to adopt and enforce any ordinances and/or regulations relative to outdoor wood boilers, including but not limited to provisions relative to operation, setbacks and stack heights, prohibiting the installation of outdoor wood boilers, or requiring the installation of lower emitting versions of outdoor wood boilers.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2011-04-14 to 01/04/2022*
- *Technical Revision — effective from 2011-04-14 to 04/14/2011*
- *Adoption — effective from 2011-04-14 to 04/14/2011*
#### **250-RICR-120-05-50** Clean Diesel Fund
##### **250-RICR-120-05-50 § 50.1** Purpose {#sec-250-ricr-120-05-50-50.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.1}
The Clean Diesel Fund was created for the purpose of reducing emissions from heavy-duty diesel engines operating on Rhode Island roads and helping companies improve supply chain efficiency. The Clean Diesel Fund will solicit projects that undertake eligible clean diesel measures and award grants from the Fund to reimburse applicants for undertaking those measures.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.2** Authority {#sec-250-ricr-120-05-50-50.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.2}
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s) and Chapter 23-23, as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.3** Application {#sec-250-ricr-120-05-50-50.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.3}
The terms and provisions of this Part shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.4** Severability {#sec-250-ricr-120-05-50-50.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.4}
If any provision of this Part or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the Part shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.5** Definitions {#sec-250-ricr-120-05-50-50.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.5}
A.Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 (General Definitions) of this Subchapter. As used in this regulation, the following terms shall, where the context permits, be construed as follows:
1.“Aerodynamic technologies” means components designed to reduce wind resistance on the tractor or trailer resulting in improved overall tractor fuel economy and reduced carbon dioxide emissions. There are two main types of aerodynamic technologies: fairing and flow control devices. US EPA SmartWay Technology Program verifies the performance of certain categories of aerodynamic devices.
2.“California Air Resources Board" or "CARB” means the California state agency established and empowered to regulate sources of air pollution in California, including motor vehicles, pursuant to Division 26 (Air Resources) of the California Health & Safety Code.
3.“Clean alternative fuel conversion” means a US EPA verified/certified technology system that allow gasoline or diesel vehicles to operate on alternative fuels such as, but not limited to, natural gas, propane, alcohol, or electricity.
4.“Diesel emission reduction solution” means a US EPA verified technology used to reduce harmful pollutions of diesel exhaust such as, but not limited to, selective catalytic reduction technologies (SCRT), diesel particulate filters (DPF), and diesel oxidation catalyst (DOC).
5.“Diesel engine” means a compression ignition type of internal combustion engine.
6.“Diesel particulate matter filtration system" or "DPFs” means a device that collects particulate matter in the exhaust stream and oxidizes it into less harmful components using the high temperature of the exhaust.
7.“Engine repower” means the replacement of an old or original engine with a new cleaner-running engine that is certified to a more stringent set of emissions standards.
8.“Heavy-duty diesel trailer truck” means any trailer truck defined by FHWA as Class 8 through Class 13.
9.“Idle reduction technology” means a US EPA verified technology used to allow operators to shut down the main drive or auxiliary engine such as, but not limited to, auxiliary power units and generator sets (APU/GS), battery air conditioning systems (BAC), and fuel operated heaters (FOH). US EPA’s SmartWay Technology Program verifies the performance of certain categories of idle reduction devices.
10.“Low rolling resistance tires" or "LRR” means a tire that is designed to improve fuel efficiency of a tractor pulling a trailer by minimizing its rolling resistance, which consists of the energy lost as heat within the rubber itself, as well as aerodynamic drag of the tire, and friction between the tire and the road and between the tire and the rim where the tire is rolling under load; rolling resistance is expressed as the energy consumed per until distance as the tire rolls under load. US EPA's SmartWay Technology Program verifies the performance of new and retread low rolling resistance tires.
11.“On-road use” means vehicles that are intended by their manufacturer for use on public highways. On-road vehicles must be certified by their manufacturer with the U.S. Department of Transportation (DOT), National Highway Traffic Administration (NHTSA), as compliant with on-highway safety standards as well as certified to all applicable ARB and U.S. EPA on-road emission standards.
12.“Routine maintenance” means preventive or cyclical maintenance that is an essential part of the on-going care and upkeep shown to improve fuel efficiency or decrease emissions including, but not limited to, oil changes and cleaning of DPFs.
13.“Transport refrigeration unit" or "TRU” means a refrigeration systems powered by integral internal combustion engines designed to control the environment of temperature-sensitive products that are transported in trucks and refrigerated trailers. TRUs may be capable of both cooling and heating.
14.“Transport refrigeration unit generator sets" or "gensets” means a system used to provide electric power to electrically driven refrigeration units of any kind.
15.“US EPA designated SmartWay tractor” means a tractor that has been designated by the United States Environmental Protection Agency (US EPA) as meeting the technical specifications and requirements of the US EPA SmartWay Technology Program.
16.“US EPA SmartWay tractor-trailer” means the baseline tractor-trailer with the SmartWay verified aerodynamic technology installed on the trailer in its verified configuration.
17.“US EPA designated SmartWay trailer” means a 53-foot or longer box-type dry van or refrigerated trailer that has been designated by the US EPA as meeting the technical specifications and requirements of the US EPA SmartWay Technology Program.
18.“US EPA SmartWay technology program” means a voluntary program designed to assist fleets in identifying and equipping the most fuel-efficient long-haul tractors and trailers available on the market. The program helps carrier fleets make informed business decisions to save fuel and improve their supply chain efficiency. SmartWay also verifies the performance of idle reduction technology for locomotives and school buses.
19.“Vehicle replacement” means the replacement of an older vehicle with a newer vehicle certified to more stringent emissions standards than the engine or vehicle being replaced.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.6** Fund Establishment {#sec-250-ricr-120-05-50-50.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.6}
There is hereby established a fund entitled the “Clean Diesel Fund”. The Fund was created in order to enable the Department to receive annually appropriated monies and provide grants to companies for the purpose of reducing emissions from heavy-duty vehicles operating on Rhode Island roads and improving supply chain efficiency. The Department will administer the Fund in accordance with these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.7** Notification of Available Funds {#sec-250-ricr-120-05-50-50.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.7}
50.7.1Availability of Funds:
The Director shall announce the availability of all funds under the Clean Diesel Fund. The funds will be available to eligible applicants in the form of reimbursement grants of up to fifty percent (50%) of the total project cost. Applicants must be able to match at least fifty percent (50%) of the total project cost. The total project cost shall include both the material and labor needed to implement the eligible measure. No one applicant shall be awarded more than twenty-five percent (25%) of the grant funds appropriated during a given fiscal year, provided that the total grants requested exceed the amount appropriated. If the total amount of grants requested is less than the amount appropriated in a given fiscal year, the Department may allocate more than twenty-five percent (25%) of the fund to one applicant.
50.7.2Frequency of Awards and Announcements:
A.Reimbursement grants using these funds will be made periodically, but not less than bi-annually (twice every fiscal year) on a competitive basis, based on announcements regarding requests for applications pursuant to § 50.7.1 of this Part. At a minimum the announcement will state:
1.The approximate amount of money available under the fund;
2.The deadline for all applications; and
3.Any other information the Director determines necessary and pertinent.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.8** Application Requirements {#sec-250-ricr-120-05-50-50.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.8}
A.Applications shall be submitted on a form provided by the Department and shall be signed by the applicant’s chief executive or chief financial officer, or other designated and qualified representative.
B.Applications shall be submitted to the Department via:
Rhode Island Department of Environmental Management
Permit Application Center (PAC), 2nd Floor
235 Promenade Street
Providence, Rhode Island 02908
C.In the alternative, the Department may provide mechanisms for electronic submissions of grant applications.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.9** Reimbursement Grant Eligibility Requirements {#sec-250-ricr-120-05-50-50.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.9}
A.Equipment eligible for reimbursement grant funding shall meet the following requirements:
1.Be intended for on-road use;
2.Be registered with the Rhode Island Division of Motor Vehicles;
3.Be kept or garaged in Rhode Island as indicated on the vehicle registration issued by the Division of Motor Vehicles;
4.The applicant shall certify to the Department on the application that fifty percent (50%) or more of the vehicle miles traveled, or hours of operation, shall be projected to be in Rhode Island for at least five (5) years following the reimbursement grant award.
5.The applicant shall not make any purchases prior to obtaining an executed Participant Agreement and approval from the RIDEM Program Manager. Any purchase prior to Participant Agreement execution is ineligible for the reimbursement grant.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.10** Project Categories and Eligible Costs {#sec-250-ricr-120-05-50-50.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.10}
A.Projects that benefit human health and the environment while achieving the goals listed above will be scored favorably. The following categories of grants will be considered:
1.Vehicle Replacements – the following conditions shall be met:
a.The applicant shall replace an older vehicle with a newer vehicle certified to more stringent emissions standards than the engine or vehicle being replaced;
b.The vehicle being replaced is a model year at least ten (10) years old;
c.The vehicle being replaced has a gross vehicle weight rating of thirty-three thousand one pounds (33,001 pounds) or greater;
d.The replacement vehicle purchased by the applicant is a model year no more than three (3) years old;
e.The replacement vehicle has a gross vehicle weight rating of thirty-three thousand one pounds (33,001 pounds) or greater;
f.The replacement vehicle must be operable with remaining useful life for at least five (5 years) following the grant award;
g.The engine of the vehicle being replaced must be scrapped or otherwise rendered permanently disabled within ninety (90) days of the replacement, or remanufactured to a certified cleaner emission standard utilizing the following methods:
(1)Cutting a three inch hole in the engine block is the preferred scrapping method.
(2)Remanufacturing shall be performed by the original engine manufacturer, or by a dealership/distributor that has a service program that is sponsored/backed by original engine manufacturer warranties.
(3)Disabling the chassis may be completed by cutting through the frame/frame rails on each side at a point located between the front and rear axles.
h.The amount of funding requested must contain the sale price of the vehicle, not including any interest or other finance charges; and
i.A vehicle purchased on a lease shall be operated for at least five (5) years following the reimbursement grant award.
j.The technology should be either EPA or California Air Resources Board certified. Models of tractors and trailers that qualify as “designated” under EPA’s SmartWay Technology Program are given preference, and SmartWay “Elite” trailer models are further encouraged.
2.Replacement or upgrades of transport refrigeration units (TRU) or transport refrigeration unit generator sets shall meet the following conditions:
a.The TRU or transport refrigeration unit generator set being replaced or upgraded is powered by a diesel engine;
b.The TRU or transportation refrigeration unit generator set being replaced or upgraded is being used on a vehicle with a gross vehicle weight rating of thirty-three thousand one pounds (33,001 pounds) or greater;
c.The replacement or upgraded TRU or transport refrigeration unit generator set produces fewer emissions than the equipment being replaced or upgraded;
d.The replacement or ungraded TRU or transport refrigeration unit generator set should be either EPA or CARB certified; and
e.Replacement TRUs that do not burn diesel fuel, and that are stand-by ready (capable of drawing electric "shore" power), shall be given preference.
3.Engine repowers;
a.All vehicle classes that meet eligibility requirements will be considered.
b.The technology should be either EPA or California Air Resources Board certified.
c.The engine being replaced must be scrapped or otherwise rendered permanently disabled within ninety (90) days of the repower, by cutting a three-inch hole in the engine block.
4.Diesel emission reduction solutions;
a.All vehicle classes that meet eligibility requirements will be considered.
b.The technology should be either EPA or California Air Resources Board verified.
5.Clean alternative fuel conversions;
a.All vehicle classes that meet eligibility requirements will be considered.
b.The technology should be either EPA or California Air Resources Board verified.
6.Idle reduction technologies;
a.All vehicle classes that meet eligibility requirements will be considered;
b.Owners of vehicles with existing idle reduction controls shall prove that replacement controls are verified to achieve higher emission reductions than existing controls.
c.The technology should be either EPA or California Air Resources Board verified.
7.Aerodynamic technologies;
a.All vehicle classes that meet eligibility requirements will be considered.
b.The technology should be either EPA or California Air Resources Board verified.
8.Low rolling resistance tires; and
a.All vehicle classes that meet eligibility requirements will be considered.
b.For tire replacement projects, the replaced tires should be properly disposed of in accordance with R.I. Gen. Laws Chapter 23-63 or tires can be salvaged for reuse or retreading.
c.The technology should be either EPA or California Air Resources Board verified.
9.Routine maintenance shown to improve fuel efficiency or decrease emissions including, but not limited to, oil changes and cleaning of diesel particulate filters.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.11** Project Prioritization List and Reimbursement Amounts {#sec-250-ricr-120-05-50-50.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.11}
Applicants shall be reimbursed for each eligible measure in accordance with the following:
Project Priority Ranking
Technology
DEM Reimbursement Grant % of the Total Project Cost
1
Replacement of Vehicle
Repower of Vehicle
Clean Alternative Fuel Conversion
50%
2
Replacement/Upgrade of Transport Refrigeration Units or Transport Refrigeration Unit Generator Sets
Diesel Emissions Reductions Solutions
Idle Reduction Technologies
50%
3
Low Rolling Resistance Tires
Aerodynamic Technologies
50%
4
Routine Maintenance shown to Improve Fuel Efficiency or Decrease Emissions
25%
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.12** Application Review and Selection {#sec-250-ricr-120-05-50-50.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.12}
A.Application Review – All applications shall be reviewed to determine eligibility and completeness. In order to be considered complete, the applicant and their proposed project shall meet the requirements in §§ 50.8, 50.9 and 50.10 (Application Requirements, Reimbursement Grant Eligibility Requirements and Project Categories and Eligible Costs) of this Part.
B.Application Scoring – Projects accepted by the Department will be ranked in accordance with the following criteria:
1.Ranking of technology from Project Prioritization List in § 50.11 of this Part.
2.Environmental benefit of diesel emissions reductions as demonstrated in percent reduction.
3.Percentage of time the existing vehicle is currently operated in Rhode Island, and the percentage of time the upgraded or replaced vehicle will be in operation by the applicant.
4.Readiness and timeliness to proceed.
5.Other Measures to Reduce Emissions - Proof of additional fleet/driver training programs or how proposed project is part of a larger strategy to address emissions reductions from heavy-duty vehicles. This may include, but not limited to, a supply chain efficiency plan, road-speed governing, use of idle reduction technology or strategy, and driver training programs that increase skills, knowledge, and measure and incentivize performance.
C.Applicants may request a meeting on their application package after the awards are announced. The meeting request shall be made in writing within thirty (30) days of the applicable grant announcement and shall be accommodated within thirty (30) days of the request.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.13** Grant Awards {#sec-250-ricr-120-05-50-50.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.13}
A.Successful applicants will receive a grant offer specifying the amount, duration and conditions of the award. The offer will be in the form of a binding contract. Other requirements to secure funding shall be:
1.Grant recipients will be required to sign, accept and return the offer to the Department within forty-five (45) days of the date of the receipt. Failure to execute the agreement within forty-five (45) days may result in the cancellation of the grant award and may result in these funds being awarded to the next highest rated project.
2.Recipients will have ninety (90) days from the date of the acceptance of the grant offer to provide proof of the necessary grant match letters of credit, loan agreements, or any other pre-approved proof of matching funds to the Department.
3.All grant payments will be paid in the form of reimbursement payments for eligible expenses incurred in accordance with the approved project. Requests for reimbursement shall include documentation of the incurred, eligible costs. Required documentation will be detailed in the grant offer and/or grant agreement.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.14** Suspension, Modification and Revocation {#sec-250-ricr-120-05-50-50.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.14}
The Director may suspend, modify or revoke any awards granted pursuant to these Regulations in the event that subsequent examination reveals any data included in an application form, submittal, reimbursement request, plan or sketch to be incorrect or not in compliance with these Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.15** Stop Payment {#sec-250-ricr-120-05-50-50.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.15}
A.The Director may take appropriate action to stop payment of and/or seek the return of grant funds expended for any project where;
1.The applicant has obtained said grant based upon incomplete, false, misleading or erroneous information; or
2.The applicant has not completed the work approved under the grant in accordance with any and all conditions of approval issued by the Director in the grant award.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.16** Reporting {#sec-250-ricr-120-05-50-50.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.16}
A.Projects that receive grant funding shall annually certify in a report submitted to the Department:
1.Fuel usage (required in accordance with the signed agreement described in § 50.13 of this Part); and
2.Fifty percent (50%) or more of the vehicle miles traveled or hours of operation, occurred in Rhode Island for the previous year.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
##### **250-RICR-120-05-50 § 50.17** Penalties {#sec-250-ricr-120-05-50-50.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-120-05-50#50.17}
A.Applicants awarded funds under the Clean Diesel Fund may be penalized for breaching the terms of their grant award or for other project non-performance through the following:
1.Cancellation of the grant award;
2.Recovery of all or a portion of the grant award;
3.Other fiscal penalties on an applicant based on the severity of non-performance and as specified in rules and regulations promulgated by the Department; and
4.Prohibiting an applicant or a specific vehicle from participating in the program in the future.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-03-22 to 01/04/2022*
- *Technical Revision — effective from 2017-03-22 to 03/22/2017*
- *Adoption — effective from 2017-03-22 to 03/22/2017*
## **Chapter 130** Compliance & Inspection
### **Subchapter 00**
#### **250-RICR-130-00-1** Rules and Regulations for Assessment of Administrative Penalties
##### **250-RICR-130-00-1 § 1.1** Authority {#sec-250-ricr-130-00-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.1}
These Regulations are adopted pursuant to R.I. Gen. Laws Chapters 42-17.1, 42-17.6, and 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.2** Purpose and Goals {#sec-250-ricr-130-00-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.2}
A.These Regulations are intended to:
1.Assure the protection of public health, safety, and welfare and the environment by promoting compliance and deterring noncompliance with the laws administered by the Director, and the Rules, Regulations, permits, licenses and orders adopted pursuant to the Director's authority;
2.Assure that the Department assesses administrative penalties, and otherwise implements its Regulations, lawfully, fairly, and consistently;
3.Clarify the Department's authority to enforce the laws administered by the Director and the Rules, Regulations, permits, licenses, and orders adopted pursuant to the Director's authority.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.3** Policy {#sec-250-ricr-130-00-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.3}
A.These Regulations promote a policy of assuring the effective enforcement of all laws administered by the Director and deterring noncompliance with the Rules, Regulations, permits, licenses and orders adopted pursuant to the Director's authority by:
1.Seeking any appropriate legal and equitable relief, including:
a.Removal of any economic benefit or competitive advantage realized as a direct or indirect result of a violation; and/or
b.Restoration of any property or resources damaged as a direct or indirect result of a violation;
2.Assessing administrative penalties, where appropriate, which:
a.Reflect the nature and gravity of the violation and the potential for harm to the public health, safety, or environment caused by said violation;
b.Reflect the length of time during which the violation was repeated or continued;
c.Will deter future noncompliance by the person in violation; and
d.Will encourage continued compliance by persons similarly regulated;
3.Seeking from any person found to be in violation, those additional or extraordinary costs which are actually expended by the Director during the course of the investigation of noncompliance, subsequent enforcement of the applicable Regulation and resolution of an enforcement action for which the State of Rhode Island is not otherwise reimbursed other than non-overtime personnel costs; and
4.Pursuing any other lawful enforcement option necessary to achieve compliance.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.4** Application {#sec-250-ricr-130-00-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.4}
A.These Regulations shall be liberally construed to permit the Department to effectuate the purposes of State law.
B.These Regulations shall apply to all persons subject to enforcement action by the Department under the laws administered by the Director, and the Rules, Regulations, permits, licenses, and orders adopted pursuant to the Director's authority.
C.These Regulations shall be construed in harmony with existing Rules and Regulations adopted pursuant to the Director's authority wherever possible.
D.These Regulations shall be applied in a manner that is consistent with any applicable Federal program requirements for delegated programs.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.5** Severability {#sec-250-ricr-130-00-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.5}
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 remainder of the Rules and Regulations 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 these Rules and Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.6** Definitions {#sec-250-ricr-130-00-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.6}
A.Whenever used in these Regulations, the following terms shall have the following meanings:
1."Administrative penalty" or "penalty" means a monetary sum assessed by the Director pursuant to these Regulations in response to a violation of, or a failure to comply with, any law administered by the Director or any Rule, Regulation, license, permit or order adopted pursuant to the Director's authority.
2."Department" or "DEM" means the Rhode Island Department of Environmental Management.
3."Director" means the Director of the Department of Environmental Management or his/her subordinates to whom the Director has delegated the powers and duties vested in the Director by these Regulations. The terms Department and Director may be used interchangeably unless clearly indicated otherwise by the context of the sentence in which it appears.
4."License" means the express grant of permission or authority by the Director to carry on an activity or to perform an act which, without such permission or authority, would otherwise be a violation of State law or of a Rule or Regulation adopted thereunder.
5."Noncompliance" or "nonconformance" or "failure to comply" or "violation" means any act or failure to act which constitutes or results in or from:
a.Engaging in any activity prohibited by, or not in compliance with, any law administered by the Director or any Rule, Regulation, permit, license or order adopted pursuant to the Director's authority;
b.Engaging in any business or other activity without a necessary permit, license, or approval that is required by law or Regulation;
c.The failure to perform, or the failure to perform in a timely fashion, anything required by a law administered by the Director or by a Rule, Regulation, permit, license, or order adopted pursuant to the Director's authority.
6."Order" means the whole or a part of a final disposition by the Department, whether affirmative, negative, injunctive or declaratory in form, other than rulemaking but including notices of violation, compliance orders, permits, licenses and approvals issued pursuant to the Director's authority.
7."Permit" means an authorization, license or equivalent control document issued by the Department to implement the requirements of any Federally-delegated program or State law administered or enforced by the Director.
8."Person" means an individual, trust, firm, joint stock company, corporation (including a quasigovernmental corporation), partnership, association, syndicate, municipality, municipal or State agency, fire district, club, non-profit agency or any subdivision, commission, department, bureau, agency, department or political subdivision of State or Federal Government (including quasigovernmental corporation) or of any interstate body and any agent or employee thereof.
9."Requirement" means any law administered by the Director, or any Rule, Regulation, permit, license or order adopted pursuant to the Director's authority.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.7** Enforcement Options {#sec-250-ricr-130-00-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.7}
A.The Director may pursue any combination of the following administrative and judicial enforcement actions depending upon the circumstances and gravity of each case. Any combination of enforcement actions are not mutually exclusive and may be cumulative:
1.Letter of Deficiency (LOD), Notice of Noncompliance (NON), Notice of Intent to Enforce (NOI) or Notice of Responsibility (NOR) – written warning or notification concerning a suspected or threatened violation of a legal requirement which, in the Director's judgement, does not justify further enforcement action at that time, but may require the party cited to take such actions necessary to achieve compliance.
2.Notice of Violation (NOV) – formal notice of a suspected violation issued in accordance with R.I. Gen. Laws §§ 42-17.1-2(21)(i) and 42-17.6-3, which:
a.Cites the law, Rule, Regulation, license, permit and/or order allegedly violated;
b.States the facts which form the basis for the Department's belief that a violation has occurred;
c.States the administrative penalty and other relief deemed appropriate by the Director;
d.Specifies a reasonable deadline or deadlines by which the person:
(1)Shall come into compliance with the requirements described in the NOV, or
(2)Shall submit a written proposal setting forth how and when that person proposes to achieve compliance;
e.Informs the person
(1)Of his or her right to file a timely written request for an adjudicatory hearing on either the alleged violation or the penalty or remedy imposed or both,
(2)That said written request for a hearing must be filed with and received by the Administrative Adjudication Division of the Department within twenty (20) days after service of the NOV,
(3)That the written request for an adjudicatory hearing shall strictly comply with the Rules and Regulations for the Administrative Adjudication Division, § 10-00-1.7 of this Title.
(4)That said notice shall become a final order of the Director upon the person's election to waive or failure to request an adjudicatory hearing in a timely manner, and,
(5)That the penalty continues to accrue from the time the Notice of Violation is issued until compliance is achieved pursuant to R.I. Gen. Laws § 42-17.6-3 if reasonable efforts to promptly come into compliance have not been made;
f.Identifies the individual and division to whom correspondence and inquiries regarding the NOV should be directed;
g.States to whom (which entity) and the date by which the administrative penalty must be paid if the person against whom an administrative penalty is assessed elects to waive or fails to request an adjudicatory hearing in a timely manner and elects to pay the penalty;
h.States the Department's authority to pursue further administrative or judicial enforcement action.
3.Cease and Desist Order – immediate compliance order issued pursuant to R.I. Gen. Laws § 2-1-24 either upon discovery of a suspected violation of the Fresh Water Wetlands Act, R.I. Gen. Laws § 2-1-18, et seq. or in combination with a Notice of Violation, which:
a.Cites the law, Rule, Regulation, license, permit and/or order allegedly violated;
b.Describes the act or course of conduct which is prohibited by the cease and desist order;
c.Orders the person allegedly in violation of the Fresh Water Wetlands Act, R.I. Gen. Laws § 2-1-18, et seq., to immediately cease the prohibited act or prohibited course of conduct;
d.Takes effect immediately upon service or within such time as specified by the Director in said order; and
e.States the remedies and penalties which the Director may lawfully impose for any violation of the order.
4.Immediate Compliance Order – emergency order issued in accordance with R.I. Gen. Laws § 42-17.1-2(21)(ii), which:
a.Cites the law, Rule, Regulation, license, permit and/or order violated;
b.States the facts which form the basis for the Department's belief that an emergency exists;
c.States the remedial action deemed necessary by the Director;
d.Takes effect immediately upon service or within such time as specified by the Director in said order;
e.Shall remain in effect for no more than forty-five (45) days which may be extended for good cause for one additional forty-five (45) day period; and
f.Does not entitle the person so served to an administrative adjudication concerning the substance of the alleged violation or concerning any remedial action ordered.
5.Recordation in Land Evidence Records – in accordance with R.I. Gen. Laws § 42-17.1-2(13), or any other source of statutory authority, the Director may record any order or notice issued pursuant to the Director's authority in the land evidence records of the city or town wherein the subject property is located. Any subsequent transferee of such property shall be responsible for complying with the requirements of said order or notice so recorded.
6.Court Action
aCivil – direct recourse to a court of competent jurisdiction either in addition to or in lieu of administrative action where:
(1)It is necessary to enforce final administrative orders and seek civil and/or administrative penalties; or
(2)An imminent threat to the public health, safety, welfare or environment exists which warrants injunctive or other emergency relief; or
(3)A pattern of continuous, significant violations exists such that administrative enforcement action alone is unlikely to achieve compliance; or
(4)The court is the most convenient or appropriate forum for resolution of the dispute.
b.Criminal – referral to the Attorney General's Office for prosecution or criminal investigation where:
(1)The alleged act or failure to act may be defined as a criminal offense by State law; or
(2)Enforcement is beyond the jurisdiction or investigative capability of the Department; or
(3)Criminal sanctions may be appropriate.
c.Miscellaneous – Other enforcement options will be pursued, if necessary, to achieve compliance. Additional options include, but are not limited to:
(1)Joint actions with or referrals to other Federal, State, or local agencies;
(2)Direct legal or equitable actions in State or Federal court;
(3)Denial, suspension or revocation of State grants or required permits or certifications.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.8** Preconditions for Assessment of Administrative Penalty {#sec-250-ricr-130-00-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.8}
A.An administrative penalty may be assessed only for a violation or a failure to comply that, at the time it occurred, constituted noncompliance with a legal requirement:
1.Which was then in effect; and
2.To which the person was then subject; and
3.To which these Regulations apply.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.9** Assessment of Administrative Penalty – Penalty Ceiling {#sec-250-ricr-130-00-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.9}
A.No penalty shall exceed the maximum penalty allowed by State law for the violation(s) cited. The maximum administrative penalty which the Director has the authority to impose is determined by reference to the civil penalty provision of the relevant chapter of the General Laws administered and/or enforced by the Director and/or R.I. Gen. Laws Chapter 42-17.6.
1.Where State law provides that a penalty is to be assessed "per day," multi-day violations are counted from the initial day of noncompliance until compliance is achieved. Violations of weekly compliance requirements may be counted as seven (7) days of noncompliance; violations of monthly compliance requirements, may be counted as thirty (30) days of noncompliance.
2.Where State law provides that a penalty is to be assessed "per violation", multiple violations of the same law, Rule, Regulation, license, permit or order are counted as separate violations if any violation:
a.Involves a prohibited act which is distinct from any other by the nature of the act itself; or
b.Involves a prohibited act which is distinct from any other by the time or place of its commission, including acts which involve separately identified lots; or
c.Involves a prohibited act which is distinct from any other by definition; or
d.Presents a risk of harm to the public health, safety, welfare or environment which is distinct from the risk threatened by any other violation.
3.Each day following service of a Notice of Violation, Immediate Compliance Order or Cease and Desist Order to which the Director is a party, during which a violation is repeated, continued or remains in place, constitutes a separate violation. The Director may assess an additional administrative penalty, not to exceed one thousand dollars ($1,000.00) for each day the violation or failure to comply is repeated, continued or remains in place, unless a higher amount is authorized by statute as a civil penalty.
4.The penalty imposed shall continue to accrue from the day the Notice of Violation, Immediate Compliance Order or Cease and Desist Order is issued until compliance is achieved if reasonable efforts to promptly come into compliance have not been made.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.10** Assessment of Administrative Penalty – Calculation {#sec-250-ricr-130-00-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.10}
A.The amount of the penalty will be calculated based on the factors enumerated below. The factors set forth in R.I. Gen. Laws § 42-17.6-6 shall be considered when calculating the Type of Violation and Deviation from the Standard as set forth below.
1.The penalty may be based on the gravity of the violation. That portion will be calculated according to the applicable "Penalty Matrix" in the Appendix § 1.14 of this Part. The applicable penalty range is reached by first determining the "Type of Violation" and the "Deviation from the Standard" of the alleged violation.
a."Type of Violation" – refers to the nature of the legal requirement allegedly violated.
(1)Type I violations include violations of legal requirements identified by the Director as directly related to the protection of the public health, safety, welfare or environment. Such violations include, but are not necessarily limited to, acts which pose an actual or potential for harm to the public health, safety, welfare or the environment; acts or failures to act which are of major importance to the regulatory program; any failure to obtain a required permit, license or approval from the Director; any failure to report an unauthorized activity which actually or potentially threatens the public health, safety, welfare or the environment; any failure to take remedial action to mitigate a known or suspected harm; and/or any failure to comply with an order of the Director which is presently enforceable.
(2)Type II violations include violations of legal requirements identified by the Director as important but indirectly related to the protection of the public health, safety, welfare or environment. Such violations include, but are not necessarily limited to, acts which pose an indirect actual or potential for harm to the public health, safety, welfare or the environment; acts or failures to act which are of moderate importance to the regulatory program; and/or failure to comply with any procedure required by any law administered by the Director, or by a Rule or Regulation adopted pursuant to the Director's authority for the prevention of harm to the public health, safety, welfare or the environment.
(3)Type III violations include violations of legal requirements identified by the Director as important but incidental to the protection of public health, safety, welfare or the environment. Such violations include, but are not necessarily limited to, acts of noncompliance with routine sampling schedules, reporting requirements or analytical methods which are incidental to the Department's ability and obligation to enforce the laws administered by the Director.
b."Deviation from the Standard" – refers to the degree to which the violation is out of compliance with the legal requirement allegedly violated. The Deviation from the Standard may be determined without consideration of factor (I) enunciated below in cases of strict liability. In all other cases, the Department's assessment of whether a violation is a minor, moderate or major deviation from the standard is based upon an evaluation of one (1) or more of the following factors except to the extent already considered:
(1)The extent to which the act or failure to act was out of compliance;
(2)Environmental conditions;
(3)The amount of the pollutant;
(4)The toxicity or nature of the pollutant
(5)The duration of the violation;
(6)The areal extent of the violation;
(7)Whether the person took reasonable and appropriate steps to prevent and/or mitigate the non-compliance;
(8)Whether the person has previously failed to comply with any Regulations, order, statute, license, permit or approval issued or adopted by the Department, or any law which the Department has the authority or responsibility to enforce;
(9)The degree of willfulness or negligence, including but not limited to, how much control the violator had over the occurrence of the violation and whether the violation was foreseeable;
(10)Any other factor(s) that may be relevant in determining the amount of a penalty, provided that said other factor(s) shall be set forth in the Notice of Violation or other written notice of the assessment of a penalty.
2.In lieu of calculating the gravity portion of the penalty according to the method in § 1.10(A)(1) of this Part, the gravity portion of the penalty may be an amount specified by Federal statute for a similar violation.
3.The Economic Benefit from Non-Compliance. The penalty shall include an amount intended to offset the economic benefit of non-compliance.
a.Such an amount may include, but not be limited to:
(1)The cost of complying;
(2)The cost of equipment needed to comply;
(3)Any associated operation and maintenance costs;
(4)The costs of studies needed to achieve compliance;
(5)Any other delayed or avoided costs including, interest, market or competitive advantage over other regulated entities which are in compliance.
b.The economic benefit portion may not be included in the penalty only if:
(1)There is no identifiable benefit from non-compliance; or
(2)The amount of economic benefit cannot be quantified.
4.The penalty shall include additional or extraordinary costs which are incurred by the Director during the course of the investigation, enforcement of noncompliance and resolution of an enforcement action for which the State of Rhode Island is not otherwise reimbursed other than non-overtime personnel costs.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.11** Assessment of Administrative Penalty – Resolution Prior to Hearing {#sec-250-ricr-130-00-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.11}
A.After assessing the administrative penalty, the Director may recalculate the penalty assessed based on written information provided by the alleged violator or on any other information concerning the alleged violation. The decision to recalculate must be supported by written documentation.
B.If the Director decides to recalculate and the penalty issue cannot be informally resolved, the Director may then issue an amended Notice of Violation which reflects the additional information and appropriate penalty. Such an amended NOV will state that a hearing request submitted in response to a prior NOV will not preserve the alleged violator's rights to a hearing under the amended NOV.
C.The Director, through a consent agreement, may offset portions of the penalty in the amount of expenditures which provide additional assurance of protection of public health, safety, welfare or the environment. Such expenditures must exceed the requirements of the regulations. In any case, the penalty must be greater than the costs incurred by the department in the investigation of the noncompliance, subsequent enforcement of the Regulations and any settlement negotiations. The decision to make such an allowance must be supported by written documentation.
D.The penalty shall not be reduced below the amount identified as the economic benefit of noncompliance.
E.The Director may consider the following factors in negotiating a final resolution of the penalty, prior to hearing, with the exception of § 1.11(D) of this Part:
1.Litigation practicalities;
2.Legal precedent;
3.The Departmental resources;
4.The public interest;
5.The difference between the amount offered by the alleged violator and the penalty imposed in the notice of violation or amended notice of violation if the penalty was recalculated as result of §§ 1.11(A) and/or (B) of this Part; and
6.The financial condition of the person being assessed the administrative penalty.
F.Nothing herein shall preclude the Director from resolving the outstanding penalty through a Consent Agreement at any time he/she deems appropriate.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.12** Assessment of Administrative Penalty – Hearing and Burden of Proof {#sec-250-ricr-130-00-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.12}
A.Any person against whom the Director seeks to assess an administrative penalty for a violation of a law, Rule, Regulation, permit, license or order which is within the Director's authority and responsibility to enforce, has the right to request a hearing thereon. The request for a hearing must be filed with the Administrative Adjudication Division within twenty (20) days after service of the notice assessing said penalty.
B.If a timely request for a hearing is filed, a hearing shall be conducted in accordance with R.I. Gen. Laws § 42-35-9 and R.I. Gen. Laws Chapter 42-17.7.
C.In an enforcement hearing the Director must prove the alleged violation by a preponderance of the evidence. Once a violation is established, the violator bears the burden of proving by a preponderance of the evidence that the Director failed to assess the penalty and/or the economic benefit portion of the penalty in accordance with these Regulations.
D.Judicial review of any final decision shall be available in accordance with R.I. Gen. Laws §§ 42-35-15 and 42-35-1(15).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.13** Assessment of Administrative Penalty – Enforcement {#sec-250-ricr-130-00-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.13}
The Department's assessment of an administrative penalty shall become a final order of the Director upon the person's election to waive, or failure to timely request, an administrative hearing on the violation and/or the penalty. Each day during which the person fails to pay said penalty or otherwise fails to comply with a final order of the Director constitutes a separate and distinct violation. An additional administrative penalty, not to exceed one thousand dollars ($1,000.00) for each such violation of a final order, may be assessed by the Director unless a different amount is authorized by statute as a civil penalty. The Director may also, by summons and complaint, seek to enforce said final order in a court of competent jurisdiction.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-130-00-1 § 1.14** Appendix {#sec-250-ricr-130-00-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-00-1#1.14}
A.Penalty Matrix for Violations of R.I. Gen. Laws as amended and Rules, Regulations, Permits, Licenses, and Orders adopted thereunder where the applicable statute provides for a civil penalty up to twenty-five thousand dollars ($25,000.00).
TYPE OF VIOLATION
I
II
III
DEVIATION FROM THE STANDARD
MAJOR
$25,000.00
to
$12,500.00
$12,500.00
to
$6,250.00
$6,250.00
to
$2,500.00
MODERATE
$12,500.00
to
$6,250.00
$6,250.00
to
$2,500.00
$2,500.00
to
$1,250.00
MINOR
$6,250.00
to
$2,500.00
$2,500.00
to
$1,250.00
$1,250.00
to
$250.00
B.Penalty Matrix for Violations of R.I. Gen. Laws and Rules, Regulations, Permits, Licenses, and Orders adopted thereunder where the applicable statute provides for a civil penalty up to ten thousand dollars ($10,000.00).
TYPE OF VIOLATION
I
II
III
DEVIATION FROM THE STANDARD
MAJOR
$10,000.00
to
$5,000.00
$5,000.00
to
$2,500.00
$2,500.00
to
$1,000.00
MODERATE
$5,000.00
to
$2,500.00
$2,500.00
to
$1,000.00
$1,000.00
to
$500.00
MINOR
$2,500.00
to
$1,000.00
$1,000.00
to
$500.00
$500.00
to
$100.00
C.Penalty Matrix for Violations of R.I. Gen. Laws and Rules, Regulations, Permits, Licenses, and Orders adopted thereunder where the applicable statute provides for a civil penalty up to five thousand dollars ($5,000.00).
TYPE OF VIOLATION
I
II
III
DEVIATION FROM THE STANDARD
MAJOR
$5,000.00
to
$2,500.00
$2,500.00
to
$1,250.00
$1,250.00
to
$500.00
MODERATE
$2,500.00
to
$1,250.00
$1,250.00
to
$500.00
$500.00
to
$250.00
MINOR
$1,250.00
to
$500.00
$500.00
to
$250.00
$250.00
to
$100.00
D.Penalty Matrix for Violations of R.I. Gen. Laws and Rules, Regulations, Permits, Licenses, and Orders adopted thereunder where the applicable statute provides for a civil penalty up to one thousand dollars ($1,000.00).
TYPE OF VIOLATION
I
II
III
DEVIATION FROM THE STANDARD
MAJOR
$1,000.00
to
$800.00
$800.00
to
$600.00
$600.00
to
$400
MODERATE
$800.00
to
$600.00
$600.00
to
$400.00
$400.00
to
$200.00
MINOR
$600.00
to
$400.00
$400.00
to
$200.00
$200.00
to
$100.00
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-03-19 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 03/19/2021*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
### **Subchapter 05** Dam Safety
#### **250-RICR-130-05-1** Rules and Regulations for Dam Safety
##### **250-RICR-130-05-1 § 1.1** Purpose {#sec-250-ricr-130-05-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.1}
These rules establish requirements for implementation of R.I. Gen. Laws Chapter 46-19, "Inspection of Dams and Reservoirs," and to provide for the safety of dams to protect the public, real property and natural resources by establishing reasonable standards and to create a public record for reviewing the performance of dams.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.2** Authority {#sec-250-ricr-130-05-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.2}
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, “Inspection of Dams and Reservoirs” in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, “Administrative Procedures Act.”
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.3** Findings and Policy {#sec-250-ricr-130-05-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.3}
A.The following administrative findings are made as a basis for these rules and regulations:
1.Rhode Island has approximately six hundred and seventy-four (674) dams of varying age, size and state of repair.
2.Failure or misoperation of high hazard dams or significant hazard dams (both of which represent approximately thirty percent (30%) of all dams in the state) will result in a probable loss of human life or cause major economic loss, disruption of lifeline facilities or impact other concerns.
3.Investigations of dam failures have found that approximately sixty percent (60%) were caused by lack of maintenance, resulting in piping, surface erosion, slope protection damage or deterioration of outlet pipes.
4.Many of these dams, both public and private, have not been properly maintained through the years and pose a significant threat to public safety, real property and natural resources.
5.Since dam related laws were adopted, the threat to public safety, real property and natural resources has increased due to deterioration of dams and development in downstream areas over which dam owners do not necessarily have control.
6.It is in the best interest of the state, the cities and towns of the state, and the citizen's thereof, to maintain a safe dam infrastructure.
7.In order to maintain a safe dam infrastructure, a collaborative effort is required by state and municipal officials, private dam owners and elected officials.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.4** Application {#sec-250-ricr-130-05-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.4}
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. Nothing in these rules and regulations shall be deemed to prohibit a dam owner or person maintaining or having control of a dam, from seeking assistance from a municipality or prohibit a municipality from assisting a dam owner in complying with these rules and regulations.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.5** Definitions {#sec-250-ricr-130-05-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.5}
A.For the purposes of these regulations the following terms shall have the following meanings:
1."Appurtenant works” means any ancillary feature of a dam including such structures as dikes, training walls, spillways, either in the dam or separate there from, low level outlet works, and water conduits such as tunnels, channels, pipelines or penstocks, either through the dam or its abutments.
2."Control structure" means a permanent feature of a dam that allows the water within the reservoir to be lowered below the height of the spillway. Examples of a control structure are a low level outlet, gate, valve or removeable boards.
3.“Dam” means any barrier made by humans, including appurtenant works that impounds or diverts water.
4.“Department” means the Department of Environmental Management and may be used interchangeably with Director.
5.“Department dam engineer” means an individual employed by the Department who possesses a Bachelor of Science degree in engineering and has demonstrated, through a combination of education, experience, and/or training, that he/she is qualified to perform visual inspections.
6.“Detailed investigation” means all studies, investigations and analyses appropriate to evaluate the structural safety and hydraulic capacity of a dam or reservoir and appurtenant works.
7.“Director” means the Director of the Department of Environmental Management, or his or her designee and may be used interchangeably with Department.
8.“Embankment” means the fill material, including but not limited to rock or earth, placed to provide a permanent barrier that impounds water.
9.“Freshwater wetlands” means those areas as defined in R.I. Gen. Laws § 2-1-18, et seq., and the Wetlands regulations.
10.“Hazard classification” means a rating for a dam that relates to the probable consequences of failure or misoperation of the dam, which is a determination made by the Director based on an assessment of loss of human life, damages to properties or structures located downstream of the reservoir, or loss of use as a drinking water supply. This rating has no relationship to the current condition of the dam. A higher hazard dam does not imply that it is more likely to fail or be misoperated than a lower hazard dam.
11.“Height” means the vertical distance from the elevation of the uppermost surface of a dam to the lowest point of natural ground, including any stream channel, along the downstream toe of the dam.
12.“High hazard dam” means a dam where failure or misoperation will result in a probable loss of human life.
13.“Hydraulic” means the behavior of water relative to the dam. It is the manner in which water in the reservoir is passed over or through the dam, via an outlet such as a spillway or low level outlet.
14.“Hydrologic” means the volume and speed at which precipitation flows along the earth, combines into streams and discharges into a reservoir.
15.“Inadequate spillway capacity” means a High hazard dam that cannot safely pass the ½ probable maximum flood over or through the spillway or a Significant hazard dam that cannot safely pass the 500-year storm over or through the spillway.
16.“Lifeline facilities” means essential facilities, the loss of which can result in indirect threats to life. Lifeline facilities may include hospitals, transportation links (highways, bridges, airports, rail lines, waterways, ports and harbor facilities and emergency evacuation routes), and utility systems (electric power plants, gas and liquid fuel pipelines, telecommunication systems, water supply and waste water treatment facilities).
17.“Low hazard dam” means a dam where failure or misoperation results in no probable loss of human life and low economic losses.
18.“Maintenance” means minor work on a dam necessary to maintain the dam in proper working order, including activities such as filling minor erosion areas, mowing or clearing vegetation provided that it does not affect the integrity of the dam, lubricating and exercising equipment and re-pointing masonry areas. Maintenance does not include repair of a dam or substantial alteration of a dam.
19.“May be unsafe” means the Department has determined that a condition is present that may affect the safety of the dam.
20.“Owner” means the person or persons, including any individual, firm, partnership, association, syndicate, company, trust, corporation, municipality, agency, political or administrative subdivision of the state or any legal entity of any kind holding legal title to a dam.
21.“Person maintaining or having control of a dam” means the person or persons, including any individual, firm, partnership, association, syndicate, company, trust, corporation, municipality, agency, political or administrative subdivision of the state or any legal entity of any kind having authority to operate or maintain a dam.
22.“Piping” means the progressive development of internal erosion by seepage through the dam. Piping appears downstream as a hole or a discharging flow of water that includes soil particles from the dam embankment or foundation.
23.“Probable maximum flood” means a flood that is calculated from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in a region.
24.“Probable loss of human life” means loss of human life that is likely to occur, or reasonably or realistically expected. This definition does not include persons who are only incidentally in the potential inundation area downstream of a dam. Examples include walking on the dam, driving on lightly traveled roads on or downstream of the dam and recreating downstream of the dam provided the area is not an established recreational area.
25.“Qualified engineer” means a professional engineer fully registered in the State of Rhode Island, who is experienced with dam inspection, design, construction and repair.
26.“Registered owner” means a dam owner who has been issued a certificate of registration by the Department.
27.“Regulated dam” means a low hazard dam that is six feet (6’) or more in height or has fifteen (15) acre-feet or more of storage capacity; or a high hazard dam; or a significant hazard dam. An acre-foot is a unit of volume equal to forty-three thousand five hundred sixty (43,560) cubic feet or three hundred twenty-five thousand eight hundred thirty (325,830) gallons (a measure that would cover one (1) acre to a depth of one foot (1’)).
28.“Removal” means the destruction or breaching of a dam to the extent that the dam no longer impounds or diverts water.
29.“Repair” means any work performed at a dam that may affect the integrity of the dam, including certain cutting or removal of trees where the resulting decomposition of the tree root system could jeopardize the integrity of the dam, work requiring excavation into the embankment fill or foundation of a dam, work requiring reinforcement of the embankment or work requiring removal or replacement of major structural components of a dam; or any related, new, temporary or permanent access way(s) that may be required within freshwater wetlands.
30.“Reservoir” means the body of water that is impounded or diverted by a dam.
31.“Significant hazard dam” means a dam where failure or misoperation results in no probable loss of human life but can cause major economic loss, disruption of lifeline facilities or impact other concerns detrimental to the public’s health, safety or welfare. Examples of major economic loss include but are not limited to washout of a state or federal highway, washout of two (2) or more municipal roads, loss of vehicular access to residences, (e.g. a dead end road whereby emergency personnel could no longer access residences beyond the washout area) or damage to a few structures.
32.“Spillway” means a structure, a low area in natural grade or any part of the dam which has been designed or relied upon to allow normal flow or major flood flow to pass over or through while being discharged from a reservoir.
33.“Substantial alteration” means any physical modification to a dam that results in a permanent change in the water elevation of the reservoir or in water flow downstream of the dam.
34."Sunny day failure" means a dam failure that occurs during normal operating conditions, without warning, and without flooding.
35.“Unsafe dam” means the condition of a regulated dam, as determined by the Director, is such that an unreasonable risk of failure exists that will result in a probable loss of human life or major economic loss. Conditions that shall result in this determination include, but are not limited to: excessive vegetation that does not allow for the performance of a complete visual inspection of a dam; excessive seepage or piping; significant erosion problems; inadequate spillway capacity; inadequate capacity and/or inoperable condition of control structure(s); or serious structural deficiencies, including movement of the structure or major cracking.
36.“Visual inspection” means a visual, technical evaluation of the physical conditions of a dam that affect performance of the structure.
37.“Wetlands regulations” means the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act, Part 150-15-3 of this Title.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.6** Responsibility of Dam Owners {#sec-250-ricr-130-05-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.6}
A.All owners of high hazard dams and significant hazard dams shall keep their dams and appurtenant works in a safe condition.
B.All owners or precedent owners are responsible for liability for damage to property of others or injury to persons, including but not limited to loss of life, resulting by the following of the pond raised by the dam, by the stopping or raising of the water either above or below the dam, by the backing of water or by the flowing out of any fall of water by means of the dam.
C.These regulations shall not be interpreted as relieving any owner or person maintaining or having control of a dam from responsibility, or lessening such responsibility, for any damages to persons or property caused by defects, inappropriate operation or inadequate maintenance or as creating liability on the part of the Department or the Director.
D.Compliance with these rules and regulations does not relieve an owner or person maintaining or having control of a dam of any obligation to comply with any other applicable laws or regulations administered by, through or for the Department or any other government entity.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.7** Prohibitions {#sec-250-ricr-130-05-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.7}
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.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.8** Registration and Notification {#sec-250-ricr-130-05-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.8}
A.The owner of a regulated dam shall file with the Department, within sixty (60) days of promulgation of these rules and regulations or after transfer of property that has a regulated dam, 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, including but not limited to, records documenting reservoir water levels and/or control structure settings, 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, including but not limited to, a study to determine whether the dam has an inadequate spillway capacity, plans, drawings and reports related to the dam that may be required by the Director for the purposes of dam safety.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.9** Hazard Classification {#sec-250-ricr-130-05-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.9}
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 Department shall use the following approach in classifying dams:
1.For a newly constructed dam or a dam currently classified as low hazard, the classification will be based on the probable harm caused by a sunny day failure with the water level at the top of the embankment.
2.For a dam currently classified as high hazard, the classification will be based on the probable harm caused by the 1/2 probable maximum flood.
3.For a dam currently classified as significant hazard, the classification will be based on the probable harm caused by the 500-year storm.
C.The Director shall examine each regulated dam as often as he or she shall deem necessary to assess whether the dam warrants reclassification.
D.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.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.10** Approvals {#sec-250-ricr-130-05-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.10}
A.Maintenance of a High or Significant Hazard Dam
1.Maintenance of a high hazard dam or significant hazard dam, except for certain cutting or removal of trees, does not require an approval from the Department. To be exempt from Department approval, the cutting or removal of trees must be limited to those trees with a diameter less than six inches (6”) (measured two feet (2’) above the ground level) or that do not affect the integrity of the dam. If trees have a diameter greater than six inches (6”) (measured two feet (2’) above the ground level) then the dam owner shall first consult with a qualified engineer who will determine if the cutting or removal could jeopardize the integrity of the dam. The owner shall obtain a written report from the qualified engineer, if the qualified engineer determines that the cutting or removal is not a threat to the integrity of the dam and keep a copy of the report on file. The report does not have to be filed with the Department. The owner shall file an application for repair of the dam in accordance with these rules and regulations if the qualified engineer determines that the cutting or removal is a threat to the integrity of the dam. Mowing or cutting of vegetation may be performed without an approval from the Department provided it is limited to areas on the dam and adjacent to the dam such that an area does not exceed fifteen feet (15’) from the embankment, spillway or low level control structure. All other mowing or cutting of vegetation within freshwater wetlands will require a permit from the Director unless specifically exempted under the Wetlands regulations. Areas exceeding fifteen feet (15’) from the embankment, spillway or low level control structure that have been historically mowed and maintained are specifically exempted under the Wetlands regulations. These areas can continue to be mowed without a permit from the Director.
2.All maintenance activities shall comply with the following:
a.Best management practices for erosion and sediment controls must be used. All controls must be maintained in effective operating condition during the activity, and all exposed soil and other fills must be permanently stabilized at the earliest possible date. (For guidance see Rhode Island Soil Erosion and Sediment Control Handbook and Rhode Island Stormwater Design and Installation Standards Manual).
b.All equipment used for maintenance activities shall be removed from any freshwater wetland upon completion of the maintenance project.
c.All maintenance activities shall be protective of water quality and freshwater wetland functions and values so as to prevent pollutants, sediment, direct discharge of stormwater runoff, or any material foreign to waters of the State including freshwater wetlands, or hazardous to life, from entering any waters of the State including freshwater wetlands.
B.Repair of a High or Significant Hazard Dam
1.The dam owner must submit an application for repair of a high hazard dam or significant hazard dam directly to the Department’s Dam Safety Program. Applications shall be in writing and on a form prescribed by the Director and shall contain such documentation and information as the Director may require, which may include but not be 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.Written justification explaining the need for the work.
c.Three (3) sets of plans and specifications for the proposed work, prepared and stamped by a qualified engineer. The Department reserves the right to request additional copies for coordination with other State or federal permitting agencies.
d.Plans drawn in sufficient detail to clearly indicate the extent and complexity of the work, including plan, profile and cross section views, along with any new, temporary or permanent access ways.
e.Written description of the method of construction.
f.Supporting computations and field measurements for all assumptions and design work (hydrologic, hydraulic, structural, geotechnical).
g.Criteria and basis for selection of the design.
h.Specifications of all material to be used in the repair.
i.Estimated construction schedule including commencement and completion of the repairs.
j.Amount (estimated vertical, horizontal and areal) and schedule of reservoir drawdown and schedule of reservoir recovery.
k.If a temporary water by-pass or diversion is proposed, the dam owner shall provide plans, details and calculations for such by-pass or diversion. The design of the by-pass or diversion shall be capable of accommodating peak flows from a minimum of ninety-five percent (95%) of all storm events that may be expected to occur within the proposed construction period and contain a contingency provision to safely accommodate a one hundred (100) year, twenty-four (24) hour duration Type III storm event. The design of the by-pass or diversion shall be capable of accommodating, at a minimum, peak flows in accordance with the following table.
Construction Duration
Required Design Storm
Up to three (3) months
Five (5) year
Three (3) months to six (6) months
Ten (10) year
Six (6) months to One (1) year
Twenty (20) year
One (1) year to Two (2) years
Fifty (50) year
l.Supporting documentation to demonstrate that there is no practicable alternative to the proposed repair that would have less adverse impact on freshwater wetlands, that addresses the impact avoidance and minimization criteria specified in Appendix I, § 1.18 of this Part. A practicable alternative is defined as one that is “available and capable of being done after taking into consideration cost, existing technology and logistics in light of the overall project purposes”.
m.Contact name and telephone number of person(s) responsible for repair.
n.Statement that a record drawing, certified by the qualified engineer responsible for design that the dam was repaired in conformance with the plan approved by the Director, will be provided to the Director upon completion of the work.
2.The Director shall provide dam owners with written notice for any additional information the Director requires.
C.Emergency Repair of a High or Significant Hazard Dam
1.The Director may grant verbal approval of an emergency repair consistent with the following requirements:
a.Verbal or written request for permission to proceed with an emergency repair must be made by the owner or person maintaining or having control of a dam.
b.The request must inform the Department of at least the following:
(1)An explanation of the problem necessitating an emergency repair.
(2)The reason why the problem represents an imminent threat to public safety or real property.
(3)The location of the dam on which the repair is required.
(4)The proposed actions necessary to correct the problem and complete the repair.
(5)The person responsible for overseeing the repair, including means of contact.
(6)The means proposed to restore any wetland areas following the emergency repair that may be required by the Director.
c.Any emergency repair undertaken shall not result in a significant alteration of any wetland unless authorized by a permit issued by the Director.
d.Alteration of wetlands shall not exceed work beyond that necessary to abate the emergency.
e.Unless otherwise informed by the Director, the dam owner must submit a report, a record drawing and a permit application to the Department no later than thirty (30) days following the emergency repair. The report must explain the emergency repair undertaken, and the short-term and long-term effects that the emergency repair had on abating the emergency, any wetlands affected, any permanent, significant alteration which resulted from the activity, and all restoration activities undertaken, or which may still be required.
f.The time limitation for performance of an emergency repair shall not exceed ten (10) days following initial approval by the Department unless written approval for an extension is obtained from the Department.
g.Following submission of the record drawing required above, the applicant is required to comply with any additional activities necessary to prevent significant wetland alterations or to obtain a permit as detailed in writing by the Department.
2.An emergency repair may be taken by the owner or person maintaining or having control of a dam without prior Department approval in accordance with § 1.12 of this Part. The Department will evaluate the emergency repair to determine if it is consistent with § 1.10(C) of this Part. The Department will consider good faith efforts made by the owner or person maintaining or having control of the dam to obtain prior approval from the Department for the emergency repair. Notification of any action taken must be done in accordance with § 1.12(E) of this Part. Submission of all required documents must be provided to the Department in accordance with § 1.10(C)(1)(a-g) of this Part.
D.Procedures for Review of Applications
1.In consideration of the application, the Department may use, but is not limited to, the criteria, manuals and procedures used by the following agencies:
a.The United States Army Corps of Engineers
b.The United States Department of Agriculture, Natural Resources Conservation Services
c.The United States Department of Energy, Federal Energy Regulatory Commission
d.The United States Department of Homeland Security, Federal Emergency Management Agency
e.The United States Department of the Interior, Bureau of Reclamation
2.At any time during the review, the Director may:
a.Require that the dam owner provide such information as the Director deems necessary for the review of the application.
b.Issue an approval requiring such terms, conditions, management practices and operation and maintenance requirements as deemed necessary to comply with the requirements of applicable state laws.
c.Deny the application for failure to satisfy the requirements of applicable laws and advise the dam owner of the right to appeal under § 1.15 of this Part. A denial may be based on, but is not limited to, any of the following:
(1)Failure to submit any information required by the Department.
(2)Failure to provide clear and convincing documentation demonstrating, to the satisfaction of the Director, that the project will not violate these rules and regulations.
E.Public Notice
The Director may require the applicant to provide written notice of the planned repair to abutters of the dam and reservoir and to the municipality(s) in which the dam and reservoir are located. In general, an abutter will be limited to a property owner with frontage on the reservoir. The Director may prescribe a form or a format for such notice.
F.Effect of Approval
1.The issuance of an approval mandates compliance with all terms, conditions, management practices and operation and maintenance requirements set forth in the approval.
2.The issuance of an approval does not relieve any person of the continuing responsibility to comply with any other applicable federal, state or local law or regulation.
3.The issuance of an approval does not relieve any person of the responsibility for obtaining any other necessary permits or approvals from any federal, state, regional, or local agency.
4.The issuance of an approval does not authorize any injury to persons or property or invasion of other private rights, or any infringement of federal, state or local laws or regulations.
G.Modification, Suspension or Revocation of Approval
1.The Director may modify, suspend, or revoke, in whole or in part, an approval for cause, including, but not limited to, the following:
a.Information indicating that the project will result in an unsafe condition of the dam.
b.The existence of a factor or factors which, if properly and timely brought to the attention of the Director, would have justified the application of more or less stringent conditions than required by these regulations, but only if such factor(s) arose after the approval was issued.
c.Where circumstances on which the approval was based have materially and substantially changed since the approval was issued, including but not limited to pertinent amendment of these rules and regulations.
d.The information or data submitted by the dam owner either on the form required or in any other material in support of the application is found to be false, misleading or erroneous.
e.The project is not undertaken in strict compliance with the conditions or provisions of any approval issued by the Department.
2.A notice of revocation/suspension of an approval will be in the form of a certified letter notifying the dam owner of the revocation or suspension and the reasons why the approval is being revoked or suspended. Such notice shall be in conformance with the Administrative Procedures Act, R.I. Gen. Laws §§ 42-35-9(b) and 42-35-14.
3.The dam owner issued a notice of revocation/suspension of an approval may request an adjudicatory hearing to contest the revocation as set forth in the provisions of § 1.15 of this Part. A notice of revocation/suspension of an approval automatically becomes a final order of the Director enforceable in Superior Court upon failure to request said adjudicatory hearing.
4.Modification of an approval shall be in accordance with § 1.10(B) of this Part.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.11** Inspections {#sec-250-ricr-130-05-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.11}
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
Two (2) years
Visual
Significant
Five (5) years
Visual
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 or significant hazard dams shall be conducted by the Director at least every ten (10) years to determine whether conditions have changed over time that warrant raising the hazard classification. If the Director determines the classification should be raised, the owner shall be informed of the classification change in accordance with § 1.9(A) of this Part.
B.Unscheduled Inspections
1.Any person who has cause to believe that an unsafe dam exists may make a request to the Director to inspect the dam. If in the opinion of the Director, the failure of the dam will result in a probable loss of human life or cause major economic loss, disruption of lifeline facilities or impact other concerns detrimental to the public’s health, safety or welfare, then the Director shall perform a visual inspection, or cause a visual inspection to be performed, of the dam to determine if the dam is unsafe.
2.The Director shall, whenever he or she has cause to believe that an unsafe dam exists, perform a visual inspection, or cause a visual inspection to be performed, of the dam to determine if the dam is unsafe.
C.Inspections
1.Visual Inspections
A qualified engineer or a Department dam engineer must perform a visual inspection. The visual inspection shall include an assessment of the condition of the major components of the dam subjectively rated as good, fair, poor, may be unsafe, or unsafe. The major components of a dam are the embankment(s), the spillway(s) and the low level control structure(s). Good is defined as meeting minimum guidelines, where no irregularities are observed and the component appears to be maintained properly. Fair is defined as a component that requires maintenance. Poor is defined as a component that has deteriorated beyond a maintenance issue and requires repair or the component no longer functions as it was originally intended.
2.Detailed Investigations
A qualified engineer must perform a detailed investigation. A detailed investigation may include soil analysis, concrete or earth stability analysis, materials testing, foundation explorations, hydraulic and hydrologic analysis, including basin studies, flood potential, and an analysis of the dam’s ability to pass flood waters.
D.Inspection Reports
A report must be prepared for each visual inspection or detailed investigation. If deficiencies are found, the report must identify the specific deficiencies and, when warranted, specify further investigation or corrective measures. The report, completed by a qualified engineer retained by a dam owner, must provide a recommended schedule to complete any work identified as necessary to correct the deficiencies noted in the report. Such reports must be provided to the dam owner and the Director within thirty (30) days of the date of the visual inspection or within sixty (60) days of the date of the detailed investigation.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.12** Unsafe Dams {#sec-250-ricr-130-05-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.12}
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.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.13** Access {#sec-250-ricr-130-05-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.13}
The Director shall conduct all inspections in accordance with the Administrative Inspection Guidelines, Part 20-00-3 of this Title adopted on January 23, 2003, and any amendments thereto.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.14** Enforcement Actions {#sec-250-ricr-130-05-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.14}
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 Watershed Council Grants and Notification of Proposed Actions to Watershed Councils, Part 660-RICR-00-00-1, and the municipality wherein the dam is located.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.15** Appeals {#sec-250-ricr-130-05-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.15}
A.The procedures for appeal of Departmental 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 (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 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 (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.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
##### **250-RICR-130-05-1 § 1.16** Appendix I: Impact Avoidance and Minimization {#sec-250-ricr-130-05-1-1.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-130-05-1#1.16}
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.
**History**
- *Amendment — effective from 2025-05-01 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/01/2025*
- *Amendment — effective from 2020-06-17 to 01/04/2022*
- *Technical Revision — effective from 2007-12-20 to 06/17/2020*
- *Technical Revision — effective from 2007-12-20 to 12/20/2007*
- *Adoption — effective from 2007-12-20 to 12/20/2007*
## **Chapter 140** Waste and Materials Management
### **Subchapter 05** Solid Waste
#### **250-RICR-140-05-1** Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities
##### **250-RICR-140-05-1 § 1.1** Purpose {#sec-250-ricr-140-05-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.1}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.2** Authority {#sec-250-ricr-140-05-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.2}
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 23-19, "Rhode Island Resource Recovery Corporation Act", Chapter 23-19.1, "Hazardous Waste Management Act", Chapter 23-23, "Air Pollution", Chapter 23-63, "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."
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.3** Incorporated Materials {#sec-250-ricr-140-05-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.4** Organization and Method of Operation {#sec-250-ricr-140-05-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.4}
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 § 42-17.1-2(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 § 42-17.1-2(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, 42-17.1, 42-17.6, 44-27, and 46-12.3.
C.Office of Land Revitalization and Sustainable Materials Management
A unit of the Department of Environmental Management designated the Office of Land Revitalization and Sustainable Materials Management shall perform all duties related to administration of these Rules and Regulations. Such duties include the receipt, analysis, investigation, and processing of complaints, applications for licenses, registrations, and approvals, conducting of inspections, and determination of violations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.5** Definitions {#sec-250-ricr-140-05-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.5}
A.As used in this Part:
1."Active life" means, relative to Solid Waste Landfill Units, the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities per § 2.1.9 of this Subchapter.
2."Active portion" means, relative to Solid Waste Landfill Units, that part of a facility or unit that has received or is receiving wastes and that has not been closed in accordance with § 2.1.9 of this Subchapter.
3."Adulterated wood waste" means wood waste that has been treated, painted, coated, stained, soiled, contaminated, or similarly altered from its clean or virgin state.
4."Aerated static pile composting" means a method of composting in which oxygen and temperature levels are mechanically controlled by forced aeration using blowers. A series of perforated pipes (or equivalent) air distribution system runs underneath the compost pile and is connected to a blower that either draws or blows air through the pile. Little or no pile turning is performed.
5."Aeration" (for composting) means bringing about contact of air and composting solid organic matter, by means of turning or ventilating, to allow aerobic microbial metabolism of the organic matter.
6."Aerobic" means occurring in the presence of oxygen.
7."Aerobic composting" means decomposition of organic materials by bacteria in the presence of oxygen.
8."Agricultural by-product" means discarded organic materials produced from the raising of plants and animals as part of agronomic, floricultural, horticultural, silvicultural, vinicultural or viticultural operations including, but not limited to, animal manure, bedding materials, plant stalk, leaves, other vegetative matter and discarded by-product from the on-farm processing of fruits and vegetables.
9."Agricultural composting" means the composting of agricultural by-products and/or other specified compostable materials on an "agricultural unit," resulting in compost products for agricultural and horticultural uses.
10."Agricultural composting facility" means that part of an agricultural unit upon which agricultural composting takes place. Such facilities must meet the requirements of the Division of Agriculture.
11."Agricultural unit" means farmland as designated under R.I. Gen. Laws § 44-27-3 upon which agricultural operations as defined in R.I. Gen. Laws § 2-23-4 are undertaken by a farmer.
12."Airport" means a public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities, as defined in 40 C.F.R. § 257.3-8(e)(1) (1979).
13."Anaerobic" means occurring in the absence of oxygen.
14."Anaerobic digestion" means decomposition of organic material in the absence of oxygen.
15.“Anaerobic digestion facility” means an Organic Waste Recycling facility licensed by the Department that employs a closed vessel to perform a closed process of accelerated biodegradation of Organic Materials and/or organic solid wastes into biogas and digestate, using microorganisms under controlled conditions in the absence of oxygen.
16."Apparent opening size" means the number of the U.S. Bureau of Standards sieve, or its opening size in millimeters or inches, having openings closest in size to the diameter of uniform particles which will allow five percent (5%) or less by weight to pass through.
17."Applicant" means a person seeking a new license or license renewal for a Solid Waste Management Facility or Organics Waste Recycling Facility or a new registration or registration renewal for a Composting Facility. It shall also include persons seeking to construct or add new equipment to an existing Solid Waste Management Facility or Organics Waste Recycling Facility, whether licensed or registered.
18."Aquifer" means a geologic formation, group of formations, or part of a formation that contains sufficient saturated, permeable material to yield significant quantities of water to wells and springs.
19."Arrangements" mean the process by which cities and towns plan for, implement and carry out the separation, weighing, collecting, hauling and disposal of municipal solid waste and recyclable materials.
20."Asbestos" means actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite.
21."Ash residue" means all the solid residue and any entrained liquids resulting from the combustion of solid waste or solid waste in combination with fossil fuel at a solid waste incinerator, including bottom ash, boiler ash, fly ash, and the solid residue of any air pollution control device used at a solid waste incinerator.
22."Backyard composting" means the composting on a residential site of certain wastes generated only at that site and where the compost produced is utilized on site and is not distributed or marketed. Wastes which may be composted include leaf and yard waste, certain food wastes including fruits and vegetables, tea leaves, coffee grounds, and eggshells; hair, sawdust, manures from animals that eat only plants, and other wastes acceptable to the Department for backyard composting.
23."Base flood" means a flood that has a one percent (1%) or greater chance of recurring in any year or a flood of magnitude equaled or exceeded once in one hundred (100) years on the average over a significantly long period, as defined in 40 C.F.R. § 257.3-1(b)(1) (2017) incorporated above at § 1.3(A) of this Part.
24."Bedrock" means solid rock, commonly called ledge that forms the earth's crust.
25."Biodegradable" means capable of being broken down (degraded) by microorganisms into simpler compounds or natural elements.
26."Biogas" means the gas mixture produced in an anaerobic digestion process which is primarily composed of methane and carbon dioxide and also contains impurities such as hydrogen sulfide.
27."Bird hazard" means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants (40 C.F.R. § 257.3-8(e)(2)) (2017) incorporated above at § 1.3(A) of this Part.
28."Bottom ash" means the ash residue remaining after combustion of solid waste or solid waste in combination with fossil fuel in a solid waste incinerator that is discharged through and from the grates, combustor, or stoker.
29."Buffer" means any distance, topographical feature, vegetative, or man-made structure that allows for mitigation of impacts of composting or other Solid Waste Management Facility activity on neighboring land uses.
30."Buffer zone" means an area of land between an Organic Waste Recycling Facility or Solid Waste Management Facility and neighboring facilities or homes which shield these abutters from negative impacts of the Organic Waste Recycling Facility or Solid Waste Management Facility operations.
31."Bulking agent" means a material added to composting wastes to provide structure to those wastes, to lower total moisture content and to allow air to reach and be held in small pockets within the waste, by preventing settling and compaction of the waste. Most bulking agents are carbonaceous, thereby providing a source of carbon to the composting mix, and are frequently chipped or shredded wastes, such as sawdust, wood chips or yard trimmings.
32."Bulky waste" means large items of solid waste such as appliances, furniture, auto parts, stumps, etc.
33."Bypass waste" means any solid waste that is either within the control of the operator of a solid waste incinerator or processing facility or within the control of another person that requires treatment at the facility but cannot be so treated, and includes:
a."Downtime waste" means any treatable or burnable solid waste accumulated during a scheduled or unscheduled maintenance period of the facility; or
b."Excess waste" means solid waste which cannot be treated because the facility is operating at the approved design capacity.
c."Control" means control exercised by contract, local law, or any other means.
34."Carbon to Nitrogen ratio" or "C:N ratio" means the numerical ratio of the mass of carbon to the mass of nitrogen in an organic material or in a mix of materials and which determines the composting potential of the organic material or the mix of materials.
35."Cell" means compacted solid wastes that are completely enclosed by natural soil or cover material.
36."Co-composting" means a composting operation which includes the use of septic waste or sewage sludge as part of its process for composting portions of the solid waste stream.
37."Coefficient of permeability" and "Hydraulic conductivity" means the rate of laminar flow of water through a unit cross-sectional area of a porous medium under a unit hydraulic gradient at a standard temperature. The units of "coefficient of permeability" and "hydraulic conductivity" shall be expressed in centimeters per second (cm/sec.).
38."Collection station" means a Solid Waste Management Facility where refuse arrives by automobile or vehicles other than collection vehicles from sites separate from the collection station for transfer to another Solid Waste Management Facility.
39."Combined ash" means the mixture of bottom ash and fly ash.
40."Combustion” means the thermal treatment of solid waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character and composition of the waste. Examples of combustion processes include incineration, pyrolysis, and fluidized bed.
41."Commercial waste" means solid waste generated by stores, offices, institutions, restaurants, warehouses and activities at industrial facilities.
42."Compost" means a soil amending material resulting from the aerobic, thermophilic, microbial processing of organic materials.
43."Compostable" means organic material that can be biologically decomposed under aerobic conditions.
44."Compost class" means the designation of compost, according to its physical, chemical, and biological characteristics.
45."Composting" means any aerobic, thermophilic process which allows for the conversion of raw organic materials into a stable soil amendment.
46."Composting facility" means a facility, excluding any facility which composts only sewage sludge, which employs a composting process to produce compost from the organic fraction of the received solid waste stream.
47."Composting pad" means the surface area within the Composting Facility upon which organic materials are composted.
48."Construction certification report" means a report submitted to the Department upon completion of the construction of a Solid Waste Management Facility which includes, at a minimum, the resulting information prepared in accordance with the this Subchapter and the license issued thereto.
49."Construction and demolition debris facility" means a Solid Waste Management Facility that is either a construction and demolition debris processing facility or a construction and demolition debris separation facility.
50."Construction and demolition debris processing facility" means a Solid Waste Management Facility that receives and processes construction and demolition debris. These facilities shall demonstrate, through records maintained at the facility and provided to the Department, that seventy-five percent (75%) of all material received by the facility is processed and removed from the site within six (6) weeks of receipt on a continuous basis, and that in no case stores material on site for over three (3) months, provided, however, such facilities do not include compost facilities.
51."Construction and demolition debris separation facility" means a Solid Waste Management Facility that receives, separates, and/or screens construction and demolition debris into its components for subsequent resale or processing which includes but is not limited to grinding, shredding, crushing, or landfilling at another location separate and apart from the location in which the separation occurs.
52."Construction and demolition debris" or "C&D" means non-hazardous solid waste resulting from the construction, remodeling, repair, and demolition of utilities and structures; and uncontaminated solid waste resulting from land clearing. Such waste includes, but is not limited to wood (including painted, treated and coated wood and wood products), land clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roofing coverings, glass, plastics that are not sealed in a manner that conceals other wastes, empty buckets ten (10) gallons or less in size and having no more than one inch (1”) of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, and pipe and metals that are incidental to any of the above. Solid waste that is not C&D debris (even if resulting from the construction, remodeling, repair, and demolition of utilities, structures, and roads and land clearing) includes, but is not limited to, asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent lights, carpeting, furniture, appliances, tires, drums, containers greater than ten (10) gallons in size, any containers having more than one inch (1”) of residue remaining on the bottom, and fuel tanks. Also excluded from the definition of C&D debris is solid waste resulting from any processing technique that renders individual waste components unrecognizable, such as pulverizing or shredding, at a facility that processes C&D debris.
53."Corporation" means the Rhode Island Resource Recovery Corporation.
54."Corrugated cardboard" means corrugated containers, substantially clean and dry, empty and free of wood, plastic, polystyrene and other packing materials. Wax coated and/or wood reinforced corrugated is excluded from this definition.
55."Cover material" means clean soil or earth or other material approved by the Director that is used to cover compacted solid waste in a sanitary landfill.
56."Critical habitat" means for a threatened or endangered species defined in the Endangered Species Act, 16 U.S.C. § 1532, and also includes State species of concern as identified by the Department.
57."Curing" means the final stage of composting, after much of the readily metabolized organic material has been decomposed, in which the compost material further stabilizes at a slower rate and at a lower temperature than during the initial active composting phase.
58."Curing area" means the area of the composting facility where curing of the compost occurs.
59."Decomposition" means the breakdown of organic matter by microbial activity.
60."Department" or "DEM", or "RIDEM" means the Rhode Island Department of Environmental Management.
61."Destruction" or "Adverse modification" (of a critical habitat of endangered or threatened species) means a direct or indirect alteration of a critical habitat which appreciably diminishes the likelihood of the survival and recovery of threatened or endangered species using that habitat, as defined in 40 C.F.R. § 257.3-2 (c)(2) (2017) incorporated above at § 1.3(A) of this Part.
62."Digestate" means the solid and liquid substances remaining following anaerobic digestion of organic materials and wastes.
63."Director" means the Director or the Commissioner of the Rhode Island Department of Environmental Management and his or her designee.
64."Discharge" means the term “discharge” as defined in the Clean Water Act of 1977, 33 U.S.C. § 1322(a)(9), and for the purposes of these Rules and Regulations, it includes leaching and releases.
65."Disposal" means the abandonment, discard or final disposition of waste.
66."Distribute" means to offer for sale, sell, barter, or otherwise supply compost products derived from organic solid waste.
67."Distributor" means the person or company which distributes or markets composted products derived from organic solid waste.
68."Diversion rate" means the total amount (reflected as a percentage) of a material, diverted from disposal through waste prevention, recycling, or reuse.
69."Dredged material" means as defined in the Clean Water Act of 1977, 33 U.S.C. § 1402.
70."Enclosed vessel" or "In-vessel composting" means the composting of materials within an enclosed vessel in which adequate mixing, aeration, and moisture control are provided.
71."Endangered species" or "Threatened species" means as defined in the Endangered Species Act, 16 U.S.C. §§ 1532(6) and (20), and also includes State species of concern as identified by the National Heritage Program.
72."Energy recovery" means treatment by which energy is derived or extracted from solid waste.
73."Energy recovery incinerator" means an incinerator in which household waste and nonhazardous industrial/commercial waste are combusted for energy production.
74."Environmental management district" means the area located in the Town of Johnston and the City of Cranston bounded by Plainfield Pike on the South; Peck Hill Road on the west; Central Avenue on the north; and I-295 on the east.
75."Existing SWLF unit" means, relative to Solid Waste Landfill (SWLF) Units, any Solid Waste Landfill that is receiving solid waste as of October 9, 1993. Waste placement in existing units must be consistent with past operating practices or modified practices to ensure good management.
76."Facility" means a Solid Waste Management Facility as defined in § 1.5(A)(189) of this Part.
77."Facilities that process construction and demolition debris" means facilities that receive and process construction and demolition debris.
78."Farmer" means an individual, partnership or corporation who operates a farm and meets the requirements of R.I. Gen. Laws § 2-1-22(j).
79."Final cover" means cover material which will be permanently exposed to the environment.
80."Finished compost" or "finished product" means compost that meets at least minimum requirements for public health, safety and environmental protection and is suitable for use as defined by compost quality standards or as approved by the Department.
81."Flood plain" means, "that land area adjacent to a river or stream or other body of flowing water which is, on the average, likely to be covered with flood waters resulting from a one hundred (100) year frequency storm," as defined in R.I. Gen. Laws § 2-1-20, the R.I. Fresh Water Wetlands Act, and in Part 150-15-1 of this Title, Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act.
82."Fly ash" means the ash residue from the combustion of solid waste or solid waste in combination with fossil fuel that is entrained in the gas stream of a solid waste combustion facility and removed by the air pollution control equipment.
83."Food chain crops" mean crops consumed by humans as well as crops grown as feed for animals whose products, in-turn, are consumed by humans.
84."Foreign matter" means the inorganic and organic constituents that are not readily decomposed and which may be present in finished compost. Examples include, but are not limited to, glass, plastics, metals, rubber, bones and leather.
85."Friable asbestos material" means any material that contains more than one percent (1%) asbestos by weight and that can be crumbled, pulverized, or reduced to powder, when dry, by hand pressure.
86."Generator" means any person whose act or process produces a solid waste or whose act first causes solid waste to be subject to regulation under this Subchapter.
87."Geocomposite" means a manufactured material using geotextiles, geogrids, geomembranes, or combinations of same, in a laminated or composite form.
88."Geogrid" means a deformed or non-deformed netlike polymeric material used with foundation, soil, rock, earth, or any other geotechnical engineering-related material as an integral part of the man-made structure or system to provide reinforcement to soil slopes.
89."Geomembrane" means an essentially impermeable membrane used with foundation, soil, rock, earth, or any other geotechnical engineering-related material as an integral part of a man-made structure or system designed to limit the movement of liquid or gas in the system.
90."Geonet" means a type of geogrid that allows planar flow of liquids and serves as a drainage system.
91."Geosynthetics" mean the generic classification of all synthetic materials used in geotechnical engineering applications, including geotextiles, geogrids, geomembranes, and geocomposites.
92."Geotextile" means any permeable textile used with foundation, soil, rock, earth, or any other geotechnical engineering-related material as an integral part of a man-made structure or system designed to act as a filter to prevent the flow of soil fines into drainage systems, to provide planar flow for drainage, or to serve as a cushion to protect geomembranes, or to provide structural support.
93."Groundwater" means water found underground which completely fills the open spaces between particles of sediment and within rock formations.
94."Groundwater recharge area" means the land surface from which water is added to the zone of saturation. The recharge area for a particular well or aquifer, for instance, is that land surface from which water moves to the well or aquifer or may move to the well or aquifer under certain hydraulic conditions.
95."Groundwater reservoir" refers to those stratified drift deposits having a saturated thickness greater than or equal to forty feet (40’) and a transmissivity greater than or equal to four thousand feet (4,000’) squared per day which have been determined by the Director to be potentially significant sources of water.
96."Hazardous waste" means any waste as defined in Subchapter 10 Part 1 of this Chapter, Rules and Regulations for Hazardous Waste Management.
97."Health", "RIDOH" or "DOH" means the Rhode Island Department of Health.
98."Heavy metals" means metallic elements with higher molecular weights and at certain concentrations, some of these elements may present health risks to humans and animals and may be toxic to plants.
99."Humus" means a complex amorphous aggregate, formed during the microbial decomposition or alteration of plant and animal residues and products synthesized by soil organisms; principal constituents are derivatives of lignins, proteins, and cellulose combined with inorganic soil constituents and for water absorption.
100."Impermeable" or "Impervious" means not permitting the passage of liquids through its substance.
101."Impermeable liner" means a layer of natural or man-made material of sufficient thickness, density and composition so as to impede the passage of a fluid to a degree that will satisfy the standards required by the Department. For natural materials, this standard shall be 1 x 10-7 cm/sec. For man-made materials, this standard shall be 1 x 10-12 cm/sec.
102."Incinerator" means an arrangement of chambers and equipment designed for burning solid, semi-solid or gaseous combustible waste to a gas and residue. Incinerators used only for the combustion of solid waste generated on site shall not be covered by this definition.
103."Initial cover" means cover material that is spread and compacted on the top, side slopes, and the face of compacted solid waste at least at the end of each operating day in accordance with § 2.3.4(A) of this Subchapter.
104."Inocula" or "Inoculum" means preconditional microorganisms or compost added to a raw material to assure that appropriate microorganisms are present so as to sustain decomposition of organic material in a composting process.
105."Inorganic materials" mean materials in which there are no carbon-to-carbon bonds, such as minerals, and which, therefore, will not undergo biological decomposition.
106."Intermediate cover" means cover material which must resist erosion for a longer period of time because it is applied in accordance with § 2.3.4(B) of this Subchapter on areas where additional cells are not to be constructed for extended periods of time.
107."Landfill cell" means a discrete volume of a landfill which uses a liner system to provide isolation of solid waste from adjacent cells of solid waste.
108."Landfill gas recovery facility" means a facility in which gases produced from the decomposition of solid wastes are collected for the purpose of the control of landfill gas migration and/or for the recovery of energy.
109."Land reclamation" means the restoration of productivity to lands made barren through processes such as erosion, mining, or land clearing.
110."Large-scale leaf and yard waste composting facility" means a facility that is required to be registered with the Department and is designed and operated to receive and compost only leaf and yard waste. The facility’s capacity is greater than six hundred (600) cubic yards or more of leaf and yard waste in the staging, storing, processing and curing stages. Only finished compost is excluded.
111."Large-scale putrescible waste composting facility" means a facility that is required to be registered with the Department and is designed and operated to receive and compost only putrescible waste. The facility’s capacity is greater than six hundred (600) cubic yards or more of waste in the staging, storing, processing and curing stages. Only finished compost is excluded.
112."Lateral expansion" means, relative to Solid Waste Landfill (SWLF) Units, a horizontal expansion of the waste boundaries of an existing SWLF Unit.
113."Leachate" means a liquid that has percolated through, or originated in solid waste and is presumed by these Rules and Regulations to contain dissolved or suspended materials from solid waste.
114."Lead-free" means any soil, compost, sludge, or other designated medium that either contains no lead, or contains lead in amounts less than the maximum acceptable environmental lead levels established in 216-RICR-50-15-3 (Lead Poisoning Prevention).
115."Lead-safe" means any soil, compost, sludge, or other designated medium that contains lead in amounts less than the maximum permissible environmental lead levels established in 216-RICR-50-15-3, Lead Poisoning Prevention; which poses no significant environmental lead exposure hazard despite having a lead concentration above that required for a designation as "Lead free."
116."Leaf and yard waste" means seasonal deposition of leaves from deciduous and coniferous trees and shrubbery, grass clippings, weeds, herbaceous garden waste, shrub and tree prunings, seaweed, Christmas trees and brush.
117."Licensing agency" means the Department of Environmental Management.
118."Lift" means a compacted layer of solid waste plus its overlying cover material in a sanitary landfill.
119."Liner system" means a continuous layer of natural and man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of solid waste, any constituents of such wastes, or leachate and which complies with these Rules and Regulations.
120."Manure" means a waste composed of excreta of animals.
121."Materials recovery facility" or "MRF" or "Intermediate processing facility" or "IPF" means a facility consisting of structures, machinery, or devices utilized to sort, bale, or otherwise process or ready to transport to processors, only Source Segregated Recyclable Materials prior to conveyance to market outlets. Facilities meeting the above requirements are not required to apply for a Solid Waste Management Facility license except for facilities that accept, store, or process waste tires pursuant to R.I. Gen. Laws Chapter 23-63.
122."Mature compost" means compost that has stabilized and has undergone a reduction of pathogens below the level of human risk. It is characterized as containing readily available forms of plant nutrients, poor in phytotoxic acids and phenols, and low in available carbon compounds.
123."Medium-scale composting facility" means a composting facility that is required to be registered with the Department and is designed and operated to compost between twenty-five (25) cubic yards and no more than six hundred (600) cubic yards of leaf, yard and/or putrescible waste on the property at any given time. The maximum quantity includes unincorporated feedstock and feedstock that is staged, stored, processed or in the curing stage. Only finished compost is excluded.
124."Microorganisms" mean living organisms visible only with a microscope.
125."Mixed solid waste" means heterogeneous and commingled solid waste, which may include readily biodegradable organic wastes, as well as other organic wastes which are not readily biodegradable and may also contain inorganic, non-compostable wastes.
126."Mixed solid waste composting facility" means a Solid Waste Management Facility that utilizes organic waste recycling by producing compost from the compostable portion of a mixed solid waste input stream.
127."Monofill" means a landfill or landfill cell into which only one (1) homogeneous type of waste is placed.
128."Municipal solid waste" means that solid waste generated by the residents of a municipality in the course of their daily living, the disposal of which the governing body of the municipality has undertaken in the discharge of its duties to protect the health of the municipality. Municipal Solid Waste does not include solid waste generated by residents of a municipality in the course of their employment or that is generated by any manufacturing or commercial enterprise.
129."New SWLF unit" means relative to Solid Waste Landfill Units, any Solid Waste Landfill Unit that has not received waste prior to October 9, 1993.
130."Non-compostable" means incapable of decomposing naturally or of yielding safe, non-toxic end products, after decomposition.
131."Non-hazardous liquid and semi-liquid waste" means any discarded material that is liquid or semi-liquid and which is not hazardous waste, as defined in the Hazardous Waste Management Act, R.I. Gen. Laws Chapter 23-19.1, or Rules and Regulations promulgated pursuant to such Act.
132."Oil spill cleanup debris" means waste resulting from the cleanup of debris caused by spilling, depositing or placing of petroleum distillates, including but not limited to crank case oil, lubricants and hydraulic oil, penetrant oils, tramp oils, quenching oils, kerosene, gasoline, aviation fuels, diesel, and Nos. 2, 4, and 6 heating oil, onto the land or into the waters of the State.
133."On-farm" means on farmland owned by the agricultural composting facility owner.
134."Open burning" means the combustion of solid waste without:
a.Control of combustion air to maintain adequate temperature for efficient combustion,
b.Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and
c.Control of the emission of the combustion products.
135."Operating an organic waste recycling facility" means receiving Organic Waste Materials at any facility, whether knowingly or unknowingly. Any property owner is considered to be operating an Organic Waste Recycling Facility if an amount of Organic Waste Materials greater than twenty-five (25) cubic yards exists on their property. For purposes of disposal, any property owner will be considered to be operating a Solid Waste Management Facility if the amount of solid waste at the property is greater than three (3) cubic yards.
136."Operating a solid waste management facility" means receiving solid waste at any facility, whether knowingly or unknowingly. For purposes of disposal, such receipt must be in an amount greater than three (3) cubic yards, per R.I. Gen. Laws § 23-18.9-5; and any property owner is considered to be operating a Solid Waste Management Facility if an amount of solid waste greater than three (3) cubic yards exists on their property.
137."Operator" means the person, corporation, or entity responsible for daily operations or activities at an Organic Waste Recycling Facility or Solid Waste Management Facility, whether licensed, unlicensed, registered or unregistered.
138."Organic material" or "Organic waste materials" mean materials that are the organic portion of the solid waste stream, contain carbon-to-carbon bonds and are biodegradable, such as paper, wood, food scraps, food processing residue, leaves, and yard waste.
139."Organic waste recycling facility” means a compost facility or Anaerobic Digestion Facility.
140."Owner" means any person, corporation, or entity who owns an Organic Waste Recycling Facility or Solid Waste Management Facility and who may also own the real property upon which the facility is located and/or constructed, whether licensed, unlicensed, registered or unregistered.
141."Passive windrow composting" means composting of wastes in windrows in which wastes are turned at least twice per year.
142."Pathogens" mean organisms or microorganisms including viruses, bacteria, fungi, helminth, and protozoa capable of producing an infection or disease in a susceptible host.
143."Percent moisture" (relative to composting) means weight of water in a material divided by the total weight of the material, multiplied by one hundred (100).
144."Percolation" means the downward movement of water or liquids through the pores or spaces of material or soil.
145."Permeability" means the ability of water or liquids to percolate through a material or soil.
146."Person" means an individual, firm, joint stock company, partnership, association, private or municipal corporation, government or quasi-governmental corporation, State, commission, political subdivision of a State, any interstate body, municipality or the Federal government or any agency or subdivision thereof.
147."Petroleum contaminated soil" means soil that is contaminated from an aboveground or underground leak or spill of a petroleum product. The soil must be contaminated with only virgin (unused) petroleum products. Included in this group are the following products:
a.Unused distillate and residual oil including, but not limited to, gasoline, aviation fuels, kerosene, diesel, and Nos. 2, 4, and 6 heating oil;
b.Unused crankcase oil, lubricants, hydraulic oils, penetrant oils, tramp oils, quench oils, and other industrial oils.
148."pH" means the logarithm of the reciprocal of the hydrogen ion concentration (base ten (10)) and shall be a measure of how acidic (pH less than seven (7)) or basic (pH greater than seven (7)) a material is. A pH of seven (7) is considered neutral.
149."Physical contaminants" means any non-biodegradable material such as plastic, metal, glass, stones or masonry debris.
150."Phytotoxic" means detrimental, because of toxicity, to plant growth.
151."Pollutant" means any material or effluent which may alter the chemical, physical, biological, or radiological characteristics 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, radioactive materials, heat, wrecked or discarded equipment, cellar dirt or industrial, municipal, agricultural, or other waste, petroleum or petroleum products, including but not limited to, oil.
152."Pollution” means the entrance or discharge of any pollutant into any waters of the State including groundwaters, in such quantity, either by itself or in connection with other materials so discharged, as to alter the physical, chemical, biological or radiological characteristics and/or integrity of said waters, including change in temperature, taste, color, turbidity or odor, and, to cause or be likely to cause damage to the public, or to any person having a right to use said waters for human consumption, commercial or domestic uses, for boating, fishing or other purposes, or owning property in, under or bordering upon same.
153."Practice" means the act of disposal of solid waste, as defined in 40 C.F.R. § 257.2 (2017), incorporated above at § 1.3(A) of this Part.
154."PFRP" means the Process to Further Reduce Pathogens required during the composting process.
155."Processable material" means those Recyclable Materials that meet criteria of purity and condition as defined by the Corporation and the Department in conjunction with the operator of the MRF.
156."Project engineer" means the official representative of the permittee who is licensed to practice engineering in the State of Rhode Island, who will direct an engineering design team in development projects throughout the entire cycle from initial permit application through completion. In addition, the project engineer shall be responsible for documenting and certifying that the construction activities related to Solid Waste Management Facilities were performed in accordance with applicable Solid Waste Regulations, engineering standards and approved engineering plans. All certifications must bear his seal, his signature, and the date of certification.
157."Putrescible waste" means solid waste including, but not limited to, fish waste and other food wastes which contains organic matter capable of being decomposed by microorganisms and that has a tendency to form foul-smelling by-products, during decomposition, and may provide food for vectors or birds.
158."Quality assurance" means the application of standards and procedures to ensure that a product or facility meets or exceeds desired performance criteria, and documentation to verify the results obtained. "Quality Assurance" includes "quality control" and refers to actions taken to assure conformity of the construction with the Department approved quality assurance plan, engineering plans, reports, and specifications.
159."Quality control" means those actions which provide a means to measure and regulate the characteristics of an item or service to contractual and regulatory requirements. Quality control includes those actions taken before construction to ensure that the materials chosen and workmanship comply with the Department approved quality control plan, engineering plans, reports and specifications.
160."Recycling" means the reuse or remanufacture of recovered resources in manufacturing, agriculture, power production or other processes.
161."Recyclable material" means any material listed as a recyclable material in Subchapter 20 Part 2 of this Chapter, Rules and Regulations for Reduction and Recycling of Municipal Solid Waste, and Subchapter 20 Part 1 of this Chapter, Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal Residential Solid Waste, or R.I. Gen. Laws Chapter 23-60, "Batter Deposit and Control", or oil subject to the hard-to-dispose-of tax as stated in R.I. Gen. Laws Chapter 37-15.1.
162."Recyclables" means for purposes of these Rules and Regulations, any residual recyclable material remaining in a solid waste stream after removal (source segregation) of recyclable material by the original generator(s) of the solid waste, in accordance with Subchapter 20 Part 2 of this Chapter, Rules and Regulations for Reduction and Recycling of Municipal Solid Waste, and Subchapter 20 Part 1 of this Chapter, Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal Residential Solid Waste, and/or other recyclable material not defined as such or not regulated by these municipal and commercial recycling Rules and Regulations.
163."Refining" means (relative to composting) screening and other procedures (if applicable) which may be required to meet product quality standards and meet market requirements.
164."Refuse" means Solid Waste as defined in § 1.5(A)(186) of this Part.
165."Refuse derived fuel" means treated solid waste that is used as a fuel.
166."Refuse derived fuel processing facility" means the combination of structures, machinery, or devices utilized to reduce or alter the volume of mixed solid waste before delivery to a solid waste incinerator.
167."Registered compost facility" means a Medium-Scale Composting Facility, a Large-Scale Leaf and Yard Waste Composting Facility or a Large-Scale Putrescible Waste Composting Facility that has received registration acceptance from the Department. The Registered Compost Facility shall operate in accordance with the information submitted on the Composting Operation/Facility registration form on file at the Department and in accordance with Part 8 of this Subchapter, Solid Waste Regulation No. 8, Rhode Island Organic Waste Recycling Facilities.
168.“Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. For purposes of these Rules and Regulations, release also includes any storage, disposal, or abandonment of any substance or material in a manner which presents a substantial threat of release as herein defined.
169.“Resident” means of a city or town means anyone residing in that municipality for any period of time.
170.“Residue” means any solid that remains after completion of solid waste processing including incineration products such as bottom ash, fly ash and grate siftings.
171.“Resource recovery” means the processing of solid waste in such a way as to produce materials or energy which may be used in manufacturing, agriculture and other processes.
172.“Resource recovery facility” means a processing facility which accepts solid waste for the purpose of resource recovery.
173.“Run-off” means any rainwater, leachate, or other liquid that drains over land from any part of a facility.
174.“Run-on” means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.
175.“Sanitary landfill” means a licensed land disposal site employing an engineered method of disposal of solid waste in a manner that absolutely minimizes environmental hazards, including: spreading the solid waste in thin layers, compacting the solid waste to the smallest practical volume; and applying cover material at the end of each operating day, or at such more frequent intervals as may be necessary. A sanitary landfill also means a Solid Waste Landfill.
176.“Screening of compost” means the process of passing compost through a screen or sieve to remove large particles of organic and inorganic materials, so as to improve the consistency and quality of the end product.
177.“Screenings” means facilities that separate or process construction and demolition debris, means that material that is separated out of the construction and demolition debris waste stream by passage through or retention on a screen.
178.“Seed materials” means, relative to composting, additives or inocula added to the waste to accelerate or activate the composting process.
179.“Segregated solid waste” means solid waste that has been separated into Recyclable Materials and non-recyclable wastes in compliance with these Regulations.
180.“Septic waste” means any solid, liquid, or semi-solid waste removed from septic tanks or cesspools, lagoons, trucks, or other sources.
181.“Sewage sludge” means a semi-liquid substance consisting of settled sewage solids combined with water and dissolved materials in varying amounts.
182.“Shredding” means breaking up waste materials into small pieces, usually in the form of irregularly shaped strips that is generally performed by mechanical methods.
183.“Size reduction” means the breaking up of solid waste or other materials into smaller pieces, through abrasion, thermal dissociation, tearing, screening, tumbling, rolling, crushing, chipping, shredding, grinding, shearing, etc., in order to make the waste material easier to separate and relative to composting processes, to increase the surface area for composting.
184.“Small-scale composting operation” means a composting operation that is designed and operated to compost twenty-five (25) cubic yards or less of leaf, yard and/or putrescible waste on the property at any given time. The maximum quantity includes unincorporated feedstock and feedstock that is staged, stored, processed or in the curing stage. Only finished compost is excluded.
185.“Soil amendment” means a soil additive which stabilizes the soil, improves the resistance to erosion, increases its permeability to air and water, improves its texture and the resistance of the surface to crusting, makes it easier to cultivate, or otherwise improves its quality.
186.“Soil amendment ingredient” means a substitute which improves the physical characteristics of the soil.
187.“Solid waste” means garbage, refuse and other discarded solid, semi-solid liquid and containerized gaseous wastes materials generated by residential, institutional, commercial, industrial and agricultural sources but does not include solids or dissolved material in domestic sewage or sewage sludge, nor does it include hazardous waste, as defined by Subchapter 10 Part 1 of this Chapter, Rules and Regulations for Hazardous Waste Management, nor does it include used asphalt, concrete, Portland concrete cement, or tree stumps generated on-site.
188.“Solid waste landfill unit” or “SWLF” means a discrete area of land or an excavation that receives solid waste and that is not a land application unit, surface impoundment, injection well, or a waste pile as defined per 40 C.F.R. § 257.2 (2017), incorporated above at § 1.3(A) of this Part. A SWLF Unit may receive all types of RCRA Subtitle D wastes, such as commercial solid waste, C & D wastes, certain non-hazardous sludges, and industrial solid waste. Such a landfill may be publicly or privately owned. A SWLF Unit may be a new SWLF Unit, an existing SWLF Unit or a lateral expansion.
189.“Solid waste management facility” means any plant, structure, equipment, real and personal property that receives solid waste, except mobile equipment or incinerators with a capacity of less than one thousand (1,000) pounds per hour.
190.“Source segregated recyclable materials” means useful material which has been separated from the waste stream at the point of generation for the purpose of recovering and recycling these materials.
191.“Source separated solid waste” or “Source segregated solid waste” means solid waste that has been segregated into recyclable and non-recyclable materials at the point of generation and in compliance with Subchapter 20 Part 2 of this Chapter, Rules and Regulations for Reduction and Recycling of Municipal Solid Waste, and Subchapter 20 Part 1 of this Chapter, Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal Residential Solid Waste.
192.“Stability” (relative to composting) means the degree to which a composted material can be stored or used without giving rise to nuisances (odors or vectors) or can be applied to the soil without causing problems.
193.“Stabilization” means the second (2nd) stage of composting (following decomposition) characterized by slow metabolic processes, lower heat production, and the formation of humus-like material.
194.“Staging area” means the temporary holding area where solid waste is received, mixed, or debagged before moving it to the processing and/or composting area.
195.“State” means the State of Rhode Island.
196."Street sweepings" means sand that may have been mixed with salt and then applied to public or private streets, roads, highways, and parking areas during winter storm operations, and that is ultimately swept or cleaned from these areas and recovered.
197.“Surface public water supply” means surface water that supplies piped water for human consumption by means of a system having at least fifteen (15) service connections or regularly serving at least twenty-five (25) individuals for at least sixty (60) days of the year.
198.“Surface water” means a body of water whose top surface is exposed to the atmosphere including rivers, ponds, lakes, etc.
199.“Take” means, “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct,” as defined in the Endangered Species Act, 16 U.S.C. § 1532.
200.“Thermophylic” means occurring in a high temperature range, usually forty-five degrees (45° C) to seventy-five degrees (75° C) centigrade.
201.“Toe” means the bottom of the working face or side slope of a land disposal site where deposited solid waste is in contact with virgin ground or a previous lift.
202.“Transfer station” means a Solid Waste Management Facility, other than a materials recovery facility or intermediate processing facility that can have a combination of structures, machinery, or devices where solid waste is taken from collection vehicles and ultimately placed in other transportation units for movement to another Solid Waste Management Facility.
203.“Uppermost aquifer” means, relative to Solid Waste Landfill Units, the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility’s property boundary.
204.“Vector” means a carrier, usually an insect or rodent that is capable of transmitting a pathogen from one (1) organism to another.
205.“Washout” means the carrying away of solid waste by waters of the base flood, as defined in 40 C.F.R. § 257.3-1 (2017), incorporated above at § 1.3(A) of this Part.
206.“Waste” means discarded or abandoned solid, semi-solid or liquid material.
207.“Waste management” means actions taken to effectuate the receipt, storage, transportation, processing for resource recovery, recycling, and/or the ultimate disposal of solid waste.
208.“Waste management unit boundary” means, relative to Solid Waste Landfill Units, a vertical surface located at the hydraulically down gradient limit of the unit. This vertical surface extends down into the uppermost aquifer.
209.“Waste tire storage and recycling facility” means a facility for used vehicle tire recycling or recovery and/or where greater than four hundred (400) used vehicle tires are stored or are intended to be stored.
210.“Water table” means the upper surface of the zone of saturation in an unconfined aquifer.
211.“Wellhead protection area” means the critical portion of a three (3) dimensional zone, designated by the Director, surrounding a public well or well-field through which water will move toward and reach such well or well-field.
212.“Windrow” means an elevated pile of solid waste, formed for the purpose of composting, no larger than any dimension constraints specified in these Rules and Regulations, and which is oriented along the fall line of the compost pad and fits within the perimeter of the compost pad.
213.“Windrow composting” means the composting of organic materials that are arranged in a series of windrows and which are turned periodically to aerate and mix the waste materials to speed up decomposition and reduce or prevent odors.
214.“Working face” means that portion of a land disposal site where solid waste is discharged by collection and/or haulage vehicles and is spread and compacted prior to placement of cover material.
215.“Yard waste” means leaves, grass clippings, weeds, herbaceous garden waste, shrub and tree prunings, and brush.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.6** Prohibitions {#sec-250-ricr-140-05-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.6}
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.
C.Air
1.Open Burning: Open burning of any type at a Solid Waste Management Facility or Organic Waste Recycling Facility, whether licensed or unlicensed, shall be prohibited.
2.Air Standards: A Solid Waste Management Facility or Organic Waste Recycling Facility, whether licensed or unlicensed, shall not violate the following:
a.State implementation plans approved or promulgated pursuant to R.I. Gen. Laws Chapter 23-23; the Rules and Regulations adopted to implement such Chapter, and any applicable provisions of the Clean Air Act, 42 U.S.C. § 7410.
b.The Rhode Island Air Pollution Control Act, R.I. Gen. Laws Chapter 23-23, and the Rules and Regulations promulgated thereunder.
D.Odors: A Solid Waste Management Facility or Organic Waste Recycling Facility, whether licensed or unlicensed, shall not emit or cause to be emitted into the atmosphere any air contaminant or combination of air contaminants which creates an objectionable odor beyond the property line of said facility. Odor evaluations shall be conducted by Department personnel to determine if an odor is objectionable by taking into account its nature, concentration, location, duration, and source.
E.Low Level Radioactive Waste: The disposal of low level radioactive waste at an Organic Waste Recycling Facility or Solid Waste Management Facility is prohibited. All low level radioactive waste must be managed in accordance with 216-RICR-40-20-1, General Provisions and Standards for Protection Against Radiation.
F.Facilities Prohibited from Operating: Facilities that meet any of the following characteristics shall be prohibited from operating in the State of Rhode Island, and shall be subject to any and all enforcement actions under the authority of the R.I. Gen. Laws Chapters 23-18.9, 23-19, and 42-17.1.
1.Facilities that accept or store co-mingled recyclable materials, including wood waste and construction and demolition debris, without obtaining a license, registration, or approval from the Department.
2.Facilities that accumulate material speculatively and/or facilities that accept or store co-mingled recyclable materials and operate outside the confines of a closed structure without obtaining a license, registration, or approval from the Department.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.7** General Requirements and Procedures {#sec-250-ricr-140-05-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.7}
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.
C.Time of Application: The application for approval to construct, develop, establish, manage, own, or maintain a license or registration to operate a Solid Waste Management Facility or Organic Waste Recycling Facility shall be submitted at least nine (9) months prior to the planned opening date for an original license or registration, and three (3) months prior to the expiration date for renewal of a license or registration.
D.Documentation of Ownership: Each application shall be accompanied by:
1.A list of the direct and indirect owners of the proposed Organic Waste Recycling Facility or Solid Waste Management Facility and the underlying real property, whether individual, partnership, corporation, or other form of organization. If a corporation, the list shall include all officers, directors and other persons owning ten percent (10%) or more of the corporate stock.
2.In the event that a person other than the owner of the underlying real property, or of the facility, is responsible for the operation of the Organic Waste Recycling Facility or Solid Waste Management Facility, each person shall comply with the requirements of § 1.7(D)(1) of this Part.
E.Certification: Each application, plan, report, or document or any associated progress reports shall include the following statements signed by an authorized representative of the party specified:
1.A statement signed by an authorized representative of the person who prepared the application, plan, report, or document certifying, to the best of their knowledge, the accuracy of the information contained in the submittal; and
2.A statement signed by the facility owner or operator responsible for the preparation and submittal of the application, plan, report, or document certifying, to the best of their knowledge, that the submittal is a complete and accurate representation, and that it includes all known facts required therein.
3.If the owner of the real property is different from the operator of the facility, then the owner must certify that he allows the operation, and is the guarantor of proper closure of the facility.
4.Construction Certification Report: RIDEM has the right to request an additional certification in regards to specific Solid Waste Management Facilities (e.g.; incinerators, resource recovery facilities and landfills) due to the engineering complexity and technical difficulties associated with their construction. This report must include, at a minimum, the information prepared in accordance with the Department’s approved project’s Quality Assurance/Quality Control Plan. In addition, the Construction Certification Report must contain as-built drawings noting any deviation from the approved engineering plans and must also contain a comprehensive analysis including, but not limited to, daily reports from the project engineer.
5.Zoning: Granting of a license, license renewal, registration or permission for an equipment addition shall in no way affect the applicant’s or owner/operator’s responsibility to meet all zoning and other local ordinances, nor the applicant’s or owner/operator’s responsibility to obtain any local permits, except as provided by R.I. Gen. Laws.
F.General Plan Requirements:
1.All required plans and reports shall be stamped by a professional engineer, land surveyor, or landscape architect as appropriate and in accordance with each professional’s discipline, as required by R.I. Gen. Laws § 5-51-1.
2.At the time of application, the applicant shall submit for approval all operating, engineering, and other plans required by these Rules. Said plans shall comprehensively identify all activities at the facility(s), and address impacts of activities on regulated operations.
G.Need: Application for a Solid Waste Management Facility license shall meet the criteria established by R.I. Gen. Laws § 23-18.9-8.1. All public projects shall meet the criteria for need established in R.I. Gen. Laws § 23-19-4(b), and the Director shall require no further demonstration of need. Private facilities shall meet all relevant criteria established by regulation to protect human health and the environment, and the Director shall require no further demonstration of need.
H.Equipment Addition: Plans as required by the Department must be submitted prior to the addition of any equipment to an existing facility.
I.Closure Procedures
1.General: Each applicant shall submit a closure plan with the application for license or renewal or registration (where applicable) that shall contain information required by this Rule. Each applicant shall also submit a closure plan required for the particular type of facility as enumerated in Parts 2 through 8 of this Subchapter.
2.Financial Responsibility:
a.The applicant and/or licensee shall file an estimate of the costs of closing the facility after its capacity is reached or operations have otherwise terminated, or when the Director may require it. The estimate shall take into account both the general information listed in this Rule, as well as closure plans stipulated for the particular type of facility as enumerated in Parts 2 through 8 of this Subchapter.
b.Financial Requirement: Every applicant shall post a bond or other suitable form of financial assurance approved by the Director, unless the Director determines that such financial assurance is not necessary to insure proper closure, closures and/or post closure monitoring. Financial assurance shall equal the estimate in § 1.7(I)(2)(a) of this Part or it may exceed such estimate if the Director determines that such estimate is not adequate to fund closure procedures, post closure monitoring or compliance with these Rules and Regulations.
c.Whenever the Director finds that the operator is in violation of any closure requirements for the facility, or at any other time deemed necessary by the Director to insure that these Rules and Regulations are complied with, the Director shall have the right to use part or all of the financial assurance to complete such closure or other requirements. Part or all of the financial assurance shall be forfeited upon receipt of an order entered after a hearing by the Director stating that the operator is in violation of any closure or other requirements for the facility. Upon issuance of a certificate of closure, part of the financial assurance shall be released and a portion of said financial assurance may be kept by the Director as he determines is necessary to ensure that the required monitoring procedures shall be completed.
3.Notification of Closure: The operator shall notify the Director of the impending closure of the facility at least ninety (90) days prior to such closure.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.8** Issuance, Renewal, and Conditions of Licenses and Registrations {#sec-250-ricr-140-05-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.8}
A.Note: § 1.8 of this Part does not apply to Small-Scale Composting Operations and Medium-Scale Composting Facilities, except for the requirements in §§ 1.8(I)(1), 1.8(I)(4), 1.8(J), and 1.8(K) of this Part.
B.General Issuance and Renewal of Licenses and Registrations: Any person who desires to construct, develop, establish, manage, own, operate, or maintain a Solid Waste Management Facility or Organic Waste Recycling Facility must obtain a license or registration from the Department. A license or license renewal shall be issued for a period of three (3) years from the date of issuance, unless sooner suspended or revoked. Relative to any Organic Waste Recycling Facilities that require registration, the registration or registration renewal shall be issued for a period of three (3) years from the date of issuance, unless sooner suspended or revoked. Each license, license renewal, registration, or registration renewal shall be issued only for the facility named in the application and shall not be transferable or assignable except with the written approval of the Department. Each license, license renewal, registration, or registration renewal shall show compliance with these Rules and Regulations.
C.Posting of License or Registration: A license or registration issued hereunder shall be the property of the State. It shall be kept posted in a conspicuous place on the licensed or registered facility and must be kept legible and protected from the weather. The license or registration conveys no property right to the licensee or registrant and the licensee or registrant acknowledges this fact through its submission of an application for a license or registration.
D.Change of Ownership, Administration and/or Location
1.Change in ownership or membership of the legal entity conducting, maintaining, or operating the facility:
a.Prior to this change, all information requested by the Department shall be submitted for its review and approval, as required to perform an appropriate background check on the prospective new owner or legal entity.
b.Prior to this change, an updated operating plan shall be submitted to the Department that shows all operating changes that will occur as a consequence of the owner or legal entity change. Note, any significant amendments and/or revisions to the operating plan or facility will require the issuance of a new license or registration (versus renewal).
c.If the prospective new owner or legal entity is acceptable to the Department, per the background check, and if the updated operating plan is also acceptable to the Department, then the prospective new owner or legal entity shall submit a fee equal to the license renewal fee or registration renewal fee for the applicable type of Solid Waste Management Facility or Organic Waste Recycling Facility, pursuant to § 1.14 of this Part. The Department shall, in turn, issue a full-term renewal license for a facility that must be licensed or a registration renewal for any facility that must be registered.
d.When the change in ownership or legal entity becomes effective, the previous owner’s or legal entity’s license or registration becomes void and must be immediately returned to the Department.
2.Change in Facility Location or Sale or Lease of Facility:
a.Prior to any of these changes, the Department shall be notified and the Department shall provide further guidance on the prospective change and any additional requirements. See also § 1.8(E) of this Part.
b.When the change becomes effective, the previous license or registration becomes void and must be immediately returned to the Department.
E.Approval for New Areas and/or Services: The license or registration shall apply only to the Solid Waste Management Facility or Organic Waste Recycling Facility operating at the time the license or registration is issued. Additional areas or services shall be subject to the approval of the Department and requirements of licensure or registration.
F.Separate Licenses or Registrations
1.Separate licenses or registrations shall be required for Solid Waste Management Facilities or Organic Waste Recycling Facilities which are located in separate geographical areas even though they are under the same management.
2.A separate license or registration may be issued to a distinct part of a facility which can be identified as a separate unit.
G.Fees: The license or registration fee as well as any other necessary charges shall be determined by R.I. Gen. Laws § 23-18.9-9, or by R.I. Gen. Laws § 2-22-5 for composting facilities that must register. Licenses and registrations shall expire three (3) years from the date of issue, unless sooner suspended or revoked. A fee schedule for Organic Waste Recycling Facility or Solid Waste Management Facility applications and renewals is provided in § 1.14 of this Part. Additional Compost Facility fees are provided in § 1.14(B) of this Part.
H.Denial, Suspension, or Revocation of License or Registration
1.Procedure and Grounds: The Department, after notice and opportunity for hearing to the applicant or licensee, is authorized to deny, suspend or revoke a license or deny a license renewal where it finds there has been a failure to comply with Regulations established by the licensing agency, or where the applicant or licensee is not in compliance with any approved operating or engineering plans adopted pursuant to these Rules and Regulations. The Department may, after notice and opportunity for hearing to the registrant, deny, suspend, or revoke a facility registration or deny a facility registration renewal where it finds there has been a failure to comply with Regulations established by the Department, or where the registrant is not in compliance with any approved operating or engineering plans adopted pursuant to these Rules and Regulations.
2.Corrective Action: Whenever the Department determines that a licensed Solid Waste Management Facility is not being operated in conformance with all of the Regulations established by the licensing agency, or, that the licensed facility is not being operated in conformance with an approved operating or engineering plan adopted pursuant to these Rules and Regulations, it may, in lieu of or in addition to suspension or revocation of the license of that facility, order the licensee to take whatever corrective action is necessary to secure compliance with the Regulations established by the licensing agency, subject to the provisions of R.I. Gen. Laws § 42-17.1-2(21). Whenever the Department determines that a registered facility is not being operated in conformance with all of the Regulations established by the Department, or, that the registered facility is not being operated in conformance with an approved operating or engineering plan adopted pursuant to these Rules and Regulations, it may, in lieu of or in addition to suspension or revocation of the registration of that facility, order the registrant to take whatever corrective action is necessary to secure compliance with the Regulations established by the Department, subject to the provisions of R.I. Gen. Laws § 42-17.1-2(21).
3.No person shall operate any Solid Waste Management Facility, Organic Waste Recycling Facility, or solid waste processing device which is subject to license, registration or approval by the Department without a license, registration or approval of the Department. No facility may operate after a license, registration or approval has been denied. Any license, registration or approval issued under these Rules and Regulations may be suspended, revoked or amended by the Director at any time upon showing, after notice and hearing, that the permittee has failed to comply with the provisions of this Chapter, Rules and Regulations promulgated by the Director pursuant to this Chapter, or the terms and conditions of the license, registration or approval or upon showing, after notice and hearing, that the continued operation of the licensed, registered or approved source constitutes a threat to the health and safety of the public or to the environment. In any proceeding for revocation, suspension, or amendment of a license, registration or approval pursuant to this Regulation, the Director will provide the affected party with the opportunity for an adequate hearing. No revocation, annulment, or withdrawal of any license, registration or approval is lawful unless the agency sent notice by mail to the licensee or possessor of a registration or approval of the facts or conduct or violation which warrants the action, and the permittee or possessor of a license or registration is given an opportunity at hearing to show compliance with all lawful requirements for the retention of the license, registration or approval. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of license, registration or approval may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
I.Inspections
1.The Department shall make or cause to be made such inspections, take such tests and specimens and to make such investigations as it deems necessary.
2.The Department or other designated authorized personnel shall conduct inspections and shall have the right to enter without prior notice to inspect any Solid Waste Management Facility or Organic Waste Recycling Facility for which an application has been received or for which a license or registration has been issued. Any application shall constitute permission for or willingness to comply with inspections, tests and investigations by the Director or his agents.
3.The Department shall be afforded reasonable opportunity by the applicant, licensee or registrant to view the facility, examine records (including any and all on-site or off-site locations where records are kept), and obtain such information as may be required for the inspection, testing and investigation. Refusal to permit reasonable inspections, tests and investigations shall constitute valid grounds for denial, revocation or suspension of a license; denial, revocation or suspension of a registration; and/or issuance of a Notice of Violation with Administrative Penalty.
4.The inspector may leave a copy of the inspection report at the facility and such report shall constitute notice of any deficiencies. Such deficiencies as are noted in the inspection report may be used as the basis of a Notice of Violation and may be taken into account in any license or registration renewal proceeding, in any request for new areas and/or services, and in any equipment addition request.
5.All Solid Waste Management Facilities and Organic Waste Recycling Facilities shall maintain records and report to the Department, as required, relative to the amounts of materials received and recycled.
J.Reserved
K.Penalties
1.Any person who constructs a Solid Waste Management Facility or Organic Waste Recycling Facility, or installs equipment in the facility without first obtaining approval of the plans and specifications for the facility, or any person who operates the facility without obtaining a license or registration to do so from the Director, may be assessed an administrative penalty of up to twenty-five thousand dollars ($25,000.00). For purposes of these Rules and Regulations, each and every day during which the violation shall be repeated shall be a separate and distinct offense.
2.Any person who operates a Medium-Scale Composting Operation without first submitting a “Registration Form for Medium-Scale Composting Facility” to the Department in accordance with the requirements set forth in § 8.4(A)(1) of this Subchapter may be assessed an administrative penalty up to twenty-five thousand dollars ($25,000.00).
3.Any person who disposes of solid waste anywhere other than at a licensed Solid Waste Management Facility may be assessed an administrative penalty of up to five thousand dollars ($5,000.00). For the purposes of these Rules and Regulations, each and every day during which the violation is repeated shall be a separate and distinct offense.
L.Demonstration Pilot Projects
1.A municipality that desires to evaluate available technologies, equipment, or methodologies for managing solid waste, may request approval from the Director to perform a limited demonstration pilot project prior to submission of an application for a license.
2.Demonstration projects shall not exceed fifty (50) tons per day maximum capacity.
3.The municipality shall first submit to the Director, for approval, a description of the proposed operations and plans and specifications in accordance with § 1.7(B) of this Part including fire protection plans and other related data as required by the Director.
4.The municipality shall give public notice of the request and allow a thirty (30) day period for the Director to receive public comment on the proposed project. After the close of the public comment period, the Director is authorized to approve or deny the request.
5.Approval for a demonstration project shall be granted for a period not exceeding six (6) months.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.9** General Operating Standards {#sec-250-ricr-140-05-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.9}
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.
D.Salvage: Only controlled removal and handling of waste for utilization shall be permitted at the site. Material to be salvaged should be unloaded at a salvage area. Salvaging of refuse shall be conducted in such a manner so as not to impede the proper operation of the facility and to ensure the health and safety of all persons engaging in such activities.
E.Processing of Bulky Waste: Bulky wastes including, but not limited to, clothes washers and dryers, stoves, refrigerators, freezers, microwave ovens, dishwashers, air conditioners, fluorescent lighting fixtures and computer parts potentially containing PCB capacitors, must meet the following requirements for disposal at all Solid Waste Management Facilities:
1.All capacitors must be removed prior to processing or disposal.
2.Once they are removed, capacitors must be stored in Department of Transportation approved fifty-five (55) gallon drums with attachable covers. The drums shall contain a six inch (6”) layer of an approved absorbent material at the bottom. The attachable drum cover shall be secured at the end of each working day or before the drum is transported by any means.
3.Storage, transportation and final disposal of drums containing capacitors must be in accordance with all applicable State and Federal Regulations including, but not limited to, Subchapter 10 Part 1 of this Chapter, Rules and Regulations for Hazardous Waste Management, and Regulations promulgated in accordance with the Federal Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.
4.Procedures for identifying, removing, storing and disposing of PCB capacitors must be outlined in the facility’s operating plan.
5.Procedures for identifying, removing, storing and recycling of chlorinated fluorocarbons (CFCs or freon) must be outlined in the facility's operating plan.
6.Disposal facilities may contract with outside vendors to meet the requirements of this Rule. Details of the contract must be included in the facility's operating plan.
F.Vector Control: The facility shall not operate unless an onsite vector population is minimized by periodic application of cover material and by other appropriate techniques that will protect public health.
1.Conditions shall be maintained that are sanitary and therefore unfavorable for the harboring, feeding, and breeding of vectors.
2.Control of insects and rodents, where needed, shall be affected by means of a program directed by a professional exterminator utilizing insecticides and/or rodenticides or other means approved by the Department.
G.Signs
1.There shall be erected at the entrance to the facility a sign, clearly legible and visible, which shall contain the following:
a.Name of facility and operator
b.Emergency phone number
c.Restricted materials (if applicable)
d.Operating hours
2.There must be adequate directional signs within the facility to direct drivers to the appropriate unloading area, assist in traffic control, and to regulate speed within the facility.
H.Communication: A suitable means of communication (telephone, two-way radio, etc.) shall be available at the facility.
I.Inspections: All land, buildings, facilities and equipment used in the disposal, transfer, or processing of solid waste must be available for inspection by the Director at any time. Failure to allow an inspection will be sufficient grounds for revocation of a facility's license or registrations in accordance with § 1.8(H) of this Part and/or issuance of a Notice of Violation with Administrative Penalty.
J.Endangered Species: No facility or practice shall cause or contribute to the taking of any endangered or threatened species pursuant to the Endangered Species Act, 16 U.S.C. § 1531 et seq., and/or the Regulations adopted to implement such Act. The facility or practice shall not cause or contribute to the destruction or adverse modification of the critical habitat of endangered or threatened species.
K.Dust Control: The operator must take suitable measures at all times to control dust at the facility, access roads to the facility and all other areas related to the facility's operation. This may be accomplished by spraying small amounts of water over the dust producing area and/or by the application of suitable chemicals or paving materials on access roads.
L.Control of Litter: Measures must be taken to eliminate the scattering of refuse. The operator shall provide for routine maintenance and general cleanliness of all areas related to the facility's operation.
M.Safety Provisions
1.General: The facility shall be designed, operated and maintained in such a manner as to protect the health and safety of users of the facility and personnel associated with the operation of the facility, and persons in close proximity to the facility.
2.Bird Hazard shall mean an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants.
3.The facility shall be designed, operated, and maintained so as not to pose a bird hazard to aircraft.
N.Operating and Engineering Plans: A facility shall be operated in conformity with its approved operating and engineering plans. Variances from such plans shall be permitted only after prior written approval from the Director.
O.Closure Procedure
1.The facility must notify the Department at least three (3) months prior to the anticipated date that closure operations are to begin.
2.The facility must implement the approved closure plan.
3.Requests for deviations from previously approved closure plans shall be in writing, and written approval from the Department must be obtained prior to implementation.
4.After the closure plans have been fully implemented, the Department shall be notified so that an inspection may be made by Department personnel. A list of the deficiencies, if any, will be returned to the owner of the facility. A final inspection will be required after all deficiencies are corrected.
5.A professional engineer registered in the State of Rhode Island must certify that the facility is properly closed in accordance with the approved closure plan.
P.Buffer Zones: The facility shall be required to maintain a buffer zone area that serves to mitigate nuisance impacts such as dust, litter, odor, and noise from the facility to human activities. The buffer zone must be an area of undeveloped vegetated land retained in its natural undisturbed condition, or created to resemble a naturally occurring vegetated area, or approved equal, that is not used for any facility operations. The buffer zone may be utilized for vegetated drainage controls such as swales or storage ponds.
Q.Active Gas Collection System: Any Solid Waste Management Facility that stores waste materials containing gypsum on site for more than three (3) months shall install and maintain an active gas collection system approved by the Department.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.10** Existing Organic Waste Recycling Facilities and Solid Waste Management Facilities {#sec-250-ricr-140-05-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.10}
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.
C.Currently Licensed or Registered Facilities: Operators of all Solid Waste Management Facilities or Organic Waste Recycling Facilities which are operating pursuant to a license or registration shall comply with these Rules and Regulations within six (6) months of the effective date, except as noted in § 1.10(B) of this Part, however, that if there is less than six (6) months’ time between the effective date of these Rules and Regulations and the expiration of said license or registration, the operator shall have an additional ninety (90) days beyond said expiration date to comply with these Rules and Regulations.
D.Other Existing Facilities: Operators of Solid Waste Management Facilities or Organic Waste Recycling Facilities which are operating pursuant to R.I. Gen. Laws § 42-35-14(c), or by agreement with or orders of the Department, or which have applied but have not yet received a license or registration for the current year during which these Rules and Regulations take effect shall have six (6) months from the effective date of these Rules and Regulations to comply.
E.Existing Rules and Regulations: Where operators of existing facilities are given time to comply with the provisions of these Rules and Regulations pursuant to §§ 1.10(B), (C), and (D) of this Part, such operators shall continue to operate the facility in compliance with the provisions of this Subchapter and any licenses, approvals, or orders issued prior to the effective date of these Rules and Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.11** New Organic Waste Recycling Facilities or Solid Waste Management Facilities {#sec-250-ricr-140-05-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.11}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.12** Procedures for Approval or Denial of Variances {#sec-250-ricr-140-05-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.12}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.13** Opportunity for Hearing {#sec-250-ricr-140-05-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.13}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.14** Fees {#sec-250-ricr-140-05-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.14}
A.General Information
This Rule has been prepared pursuant to R.I. Gen. Laws §§ 23-18.9-9(a), (b), and (c). Each application for a new or renewal license or registration to construct and operate a Solid Waste Management Facility or Organic Waste Recycling Facility, must include a fee in accordance with the following schedule:
Facility
Application Fee
Renewal Fee
License/Registration Duration
Lined Solid Waste Landfill
$100,000.00
$15,000.00
3 years
Existing Unlined Solid Waste Landfill
---
$3,000.00
3 years
Transfer Collection or Collection Station
$10,000.00
$3,000.00
3 years
Resource Recovery Facility Solid Waste Incinerator
$100,000.00
$15,000.00
3 years
Medical Waste Incinerator
$20,000.00
$10,000.00
3 years
Petroleum Contaminated Soil Processing Facility
$20,000.00
$10,000.00
3 years
Waste Tire Storage and Recycling Facility
$50.00
$25.00
1 year
Construction and Demolition Debris Facility
$10,000.00
$3,000.00
3 years
Medium-Scale Composting Facility
Not Applicable
Not Applicable
Not Applicable
Large-Scale Leaf and Yard Waste Composting Facility
Not Applicable
Not Applicable
3 years
Large-Scale Putrescible Waste Composting Facility
$3,000.00
$3,000.00
3 years
Mixed Solid Waste Composting Facility
$10,000.00
$3,000.00
3 years
Anaerobic Digestion Facility
$10,000.00
$3,000.00
3 years
B.Additional Compost Facility Fees
1.Product Fee – The composter shall also be required to register each separately identified products produced in accordance with R.I. Gen. Laws § 2-22-5. The registration shall be accompanied by a fee of fifty dollars ($50.00) per product. All product registrations expire on December 31st of each year. Agricultural Composting Facilities and municipally owned composting facilities shall be exempt from the payment of the product fees described above.
2.Penalties for Violations – Any person not in compliance with any provision of these Rules and Regulations for the compost facility fees in §§ 1.13(A) and (B) of this Part shall be subject to a penalty pursuant to R.I. Gen. Laws § 2-22-10.
C.Multiple Operations at One (1) Facility – Facilities that perform multiple operations shall apply for but may not be required to pay for separate licenses. A disposal facility, such as a landfill or incinerator, that includes recycling operations as part of its operating plans, would be required to pay for a license for a landfill or incinerator only. A transfer station that includes recycling operations as part of its operating plans would be required to pay for only a transfer station license. Two (2) or more independently staffed facilities operating on the same site would require separate licenses for each independent facility, as well as both fees.
D.Fees do not apply to Small Scale Composting Operations and Medium Scale Composting Facilities.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.15** Solid Waste Management Facilities, Organic Waste Recycling Facilities or Activities Located within the Environmental Management District (EMD) {#sec-250-ricr-140-05-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.15}
A.Reserved
B.General Information
1.Applicability: This section shall apply to all Solid Waste Management Facilities, Organic Waste Recycling Facilities or activities regulated pursuant to R.I. Gen. Laws § 23-18.9-1 et seq. that are undertaken within the area known as the Environmental Management District. The Department may at its sole discretion require facilities or activities in the vicinity of the Environmental Management District to comply with the onsite and offsite monitoring requirements pursuant to these Regulations.
2.Onsite Monitoring
a.Currently Licensed or Registered Facilities: All existing facilities shall submit air and water monitoring plans to the Department for approval within ninety (90) days after the Effective Date of these Regulations. In addition, at the time of license or registration renewal, all facilities shall include a monitoring plan as part of their renewal application.
b.New Facilities: New facilities shall submit to the Department for approval air and water monitoring plans as part of their license or registration application.
c.Solid Waste Management Activities and Organic Waste Recycling Activities: Any person who processes, treats or disposes of solid waste or recycles Organic Waste Materials within or in the vicinity of the Environmental Management District shall submit to the Department air and water monitoring plans for the Department's approval.
d.Implementation: All facilities and persons shall implement their approved monitoring plan within thirty (30) days of approval by Department.
e.Notification: The facility or person shall provide written notice to the Department at least one (1) week prior to each monitoring event.
f.Duration: Onsite monitoring plans shall be implemented by the facility(s) or persons until notified in writing by the Department.
g.Modifications: Any modifications of plans shall be submitted in writing to the Department and shall require written approval from the Department prior to implementation. The Department also reserves its right to require plan modification by the facility or person as deemed necessary.
3.Offsite Monitoring:
a.Any facility subject to the offsite monitoring requirement shall develop a monitoring plan within thirty (30) days of notification by the Department. Offsite monitoring plans must be implemented within thirty (30) days of Department approval.
b.Offsite monitoring plans shall be implemented by the facility(s) or persons until notified otherwise in writing by the Department. Termination of offsite monitoring shall only be authorized after demonstration to the satisfaction of the Department that all impacts and adverse effects identified in the evaluation of the onsite data have been corrected.
4.Evaluation: Data collected under the onsite and offsite ambient air and water monitoring plans shall be evaluated by both the RIDEM and the Department of Health. The Department of Health shall provide a written evaluation of these data to the host community(s), the facility(s), any oversight council or organization that focuses on the Environmental Management District, and any members of the public who request said evaluation.
C.Onsite Monitoring Plan Requirements
1.General Requirements: All monitoring plans shall address air, surface water, and groundwater quality concerns at each facility, solid waste management activity or organic waste recycling activity. In addition, all monitoring plans shall include a site plan and a radius plan with the information required herein, in addition to information required in accordance with the Solid Waste Regulations for that type of facility or activity.
a.All monitoring plans shall include detailed sampling and analysis criteria for both water and air monitoring. Said plans shall include, but not be limited to, a list of parameters to be monitored, sampling frequency, analytical methods including detection limits, and sampling locations.
b.Site Plans: In addition to the site plan requirements in the Solid Waste Regulations relating to the type of operation or activity, all site plans shall show the topography of the facility or activity location and the locations of all activities and all operations conducted onsite. The site plan shall include the location of onsite buildings, paved areas, areas used for outdoor storage and/or disposal, and the location of all existing and/or proposed control measures used to reduce pollutants.
c.Radius Plans: In addition to the radius plan requirements in the Solid Waste Regulations relating to the type of operation, all radius plans shall show the topography within one (1) mile of the facility or activity location as illustrated in the appropriate US Geological Survey Topographic Map, 7.5 minute series, and the location of all activities and operations conducted onsite. The radius plan shall also show the location of any waterbodies, including wetlands, located both onsite and offsite within a radius of one half (1/2) mile of the site, and the location of residential and commercial areas within a one (1) mile radius of the perimeter of the site.
d.Monitoring Reports: Monitoring reports for each air or water sampling event shall be submitted by the facility or person to the Department within forty-five (45) days of the monitoring event unless directed otherwise by the Department. The facility or person shall notify the Department by telephone within twenty-four (24) hours of receipt of the data if results warrant immediate action, and follow up in writing within seven (7) days of receipt of the data by the facility or person.
(1)Four (4) copies of the monitoring report shall be submitted to the Department in a hard copy report format that includes a detailed discussion of the sampling event, analytical results, and evaluation of data results.
(2)Reports of water data shall include maps clearly indicating sampling locations, location and nature of site activities during the sampling period, and any other pertinent information.
(3)The discussion of water data results shall incorporate and evaluate information from all groundwater and surface water sampling conducted at the site, including sampling required by other program or Regulations, so as to produce a comprehensive assessment of the potential contribution of pollutants from the facility or activity.
(4)Reports of air data shall include maps clearly indicating sampling locations, and shall include information about meteorological conditions and locations and nature of site activities during the sampling period, and any other pertinent information.
(5)The facility or person shall submit reports upon request to the Department, in an electronic format to be determined by the Department.
(6)All plans must be approved by the Department prior to implementation.
2.Air Monitoring Requirements: In addition to the general monitoring plan requirements set forth above, the air section of the monitoring plan shall include, but may not be limited to, the requirements set forth below:
a.A list of air pollutants including substances which may be emitted from the facility or activity that have been classified by the EPA as Hazardous Air Pollutants or Criteria Air Pollutants or by the Department as Air Toxics. In addition, the plan shall identify all indicator gases to be sampled such as, but not limited to, methane for landfills.
b.Landfills and C&D Processing Facilities: Air monitoring at landfills and facilities that process Construction & Demolition (C&D) debris shall be conducted at a minimum of four (4) locations as described below:
(1)Two (2) at the facility's upwind perimeter;
(2)Two (2) locations downwind of major activities on the facility’s property. One (1) of these shall be located immediately downwind of the active working face, processing area or storage area; and at one (1) other at the facility's downwind perimeter.
c.This monitoring shall be done at least quarterly for five (5) years after the operations began. Monitoring frequency may be changed as described in §§ 1.15(C)(2)(c)((2)) through ((4)) of this Part.
(1)In addition, sampling shall include, hydrogen sulfide concentrations at representative locations onsite and along the perimeter of the facility using a direct reading instrument.
(2)The air monitoring section of the plan shall provide for an increased monitoring frequency if modeling or monitoring demonstrates exceedances of Part 120-05-22 of this Title, Air Pollution Control Regulation No. 22 - Air Toxics, Acceptable Ambient Levels (AALs) or other health criteria, or by objectionable odor violations. Increased monitoring frequency requirements shall include continuous monitoring at the perimeter of the facility.
(3)The air monitoring frequency may revert to quarterly if the exceedances or odors that triggered the increased frequency do not recur in a six (6) month period, and if no other trigger situations have occurred in that time period.
(4)Air monitoring shall be conducted for a minimum of five (5) years. After that time, the facility may petition the Department for reduction in frequency if all of the following conditions are met:
(AA)Modeling or monitoring of a minimum twenty (20) quarterly consecutive monitoring rounds demonstrates compliance with Part 120-05-22 of this Title, Air Pollution Control Regulation No. 22 - Air Toxics.
(BB)Test results have shown no exceedances and the Department has not determined that the facility has been emitting objectionable odors for a twelve (12) month period.
(5)The Department may require the air monitoring frequency revert to a higher frequency based on sampling results or odor issues.
d.All other Solid Waste Management Facilities, Organic Waste Recycling Facilities or Activities: Air monitoring plans for other types of Solid Waste Management Facilities, Organic Waste Recycling Facilities or activities within or in the vicinity of the Environmental Management District shall provide for monitoring for pertinent pollutants and be conducted at least annually upwind and downwind of the facility. The Department may require, at its discretion, a greater frequency and greater number of locations if warranted by the nature of the facility.
(1)Air monitoring at the above facilities or activities may be reduced with the approval of the Department if no exceedances of AALs or other health criteria are observed in two (2) consecutive sampling rounds, the type and magnitude of solid waste management activities or organic waste recycling activities at the facility have remained constant, and no objectionable odors are observed by the Department during that period.
(2)Sampling frequency may be increased if objectionable odors are observed by the Department or exceedances of AALs or other health criteria are measured or modeled from the results of sampling.
(3)Any increase in sampling frequency may then be reduced if the situation does not recur in two (2) consecutive test rounds and if none of the conditions listed in § 1.14(C)(2)(c)((2)) of this Part have occurred in that time period.
3.Water Monitoring Requirements: In addition to the general monitoring plan requirements set forth above, the water section of the monitoring plan shall address, but may not be limited to, the requirements set forth below:
a.The water section of the monitoring plan shall describe how the facility or person shall evaluate and quantify the contribution of pollutants to the surface water from the site, including both point and non-point contributing sources.
b.Groundwater monitoring shall be required and shall include a sufficient number of wells to properly determine groundwater flow on the site and to properly characterize the hydrogeology of the site and surrounding area where required.
c.The list of water pollutants to be sampled shall include, but not be limited to, potential air (where applicable) and water pollutants associated with the activities conducted at the site; the list of parameters the facility is required to monitor and analyze for by any other State and Federal program (including but not limited to a list of parameters for which the waterbody is known to be impaired as identified in the Rhode Island 303(d) List of Impaired Waters); and any other identified surface or groundwater parameters of concern.
d.The surface water monitoring plan shall include a description of wet weather sampling procedures that shall be implemented at least once annually. The wet weather sampling events shall be collected during a storm event that follows an antecedent dry period of at least three (3) days. The storm event must be at least one half inch (1/2”) per twenty-four (24) hours in magnitude.
e.Quarterly water monitoring at the onsite location(s) shall be the minimum for all facilities or activities except where additional requirements exist. The Department may require more frequent monitoring based upon, but not limited to, verified complaints, enforcement actions, increase in pollutant loading or groundwater criteria, or other regulatory requirements. Additional requirements may also include monitoring of waterbody sediment, macroinvertebrate community, and/or fish tissue. Any increased monitoring that is required may be reduced if indicated by at least two (2) acceptable monitoring results, or submitting and implementing a corrective action plan to the satisfaction of the Department.
D.Plan Review: The following criteria shall be utilized by the Department in review of submitted monitoring plans and reports.
1.References: In the evaluation of the monitoring plans, the Department may consider, but is not limited to, the following: any impacts that may be injurious to human, plant, animal, or aquatic life, or cause damage to property or which unreasonably interfere with the enjoyment of life and property. The Department will also consider the requirements of the following Regulations and documents: Regulations of this Subchapter (Solid Waste); Chapter 120 of this Title (Air Resources); Subchapter 30 Part 1 of this Chapter, Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases; Part 150-05-1 of this Title, Water Quality Regulations; Part 150-10-1 of this Title, Regulations for the Rhode Island Pollutant Discharge Elimination System; Part 150-15-1 of this Title, Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act; Part 150-05-3 of this Title, Groundwater Quality Rules; the Rhode Island Soil Erosion and Sediment Control Handbook, State of Rhode Island Stormwater Design and Installation Standards Manual, the Technical Support Document for Water Quality-based Toxics Control, March 1991, EPA/505/2-90-001; Water Quality Standards Handbook, 2nd. Ed., August 1994, EPA-823-B-94-005a; and any other relevant standards, guidance, technical reference materials, or policies identified by the Department.
2.Decisions: The Department may decide on the adequacy of the monitoring plan by approving the plan, denying the plan, or approving the plan with conditions.
E.Public Notice Procedures: The following public notice procedures shall be followed prior to final onsite monitoring plan approval by the Department.
1.General
a.Currently Licensed or Registered Facilities: For all existing facilities, public notice shall be published in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq., after the air and water monitoring plan is reviewed and found to be substantially complete by the Department. The Department shall hold a public hearing when so requested in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq.
b.New Licenses: All new Solid Waste Management Facility licenses or Organic Waste Recycling Facility licenses shall follow the public hearing process defined by State statute.
c.New Registrations: For all new Organic Waste Recycling Facility registrations, public notice shall be published in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq., after the air and water monitoring plan is reviewed and found to be substantially complete by the Department. The Department shall hold a public hearing when requested in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq.
d.Solid Waste Management Activities or Organic Waste Recycling Activities: For all solid waste management activities or organic waste recycling activities, public notice shall be published in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq., after the air and water monitoring plan is reviewed and found to be substantially complete by the Department. A written copy of the proposed notice shall be submitted to the Department by the facility for review and approval prior to publication. The Department shall hold a public hearing when so requested in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq.
2.Distribution: All facilities or persons shall provide written copies of the monitoring plan for distribution to the appropriate town halls, town libraries, and RIDEM and the Department of Health. The facilities or persons shall also provide an electronic copy of the monitoring plan to RIDEM and the Department of Health to facilitate distribution and for publication on RIDEM and the Department of Health websites. Each facility or person shall pay for the costs of distribution, public notice, and stenographic services associated with the public notice and hearing procedures for their facility.
3.Petitions and Appeals: Petitions and appeals shall be submitted in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42- 35-1 et seq.
F.Offsite Monitoring Plan Requirements: The Offsite monitoring plan shall address, but may not be limited to, the requirements set forth below.
1.General
a.The development and implementation of offsite monitoring will be in accordance with the R.I. Gen. Laws § 23-18.9-14.
b.If, upon the evaluation of the results of the onsite monitoring, RIDEM and the Department of Health Directors jointly determine that any facility or activity within or in the vicinity of the Environmental Management District is causing emissions of air or water pollutants at levels that may cause adverse health impacts, create objectionable or nuisance odors, or otherwise adversely impact human health or the environment, either individually or in conjunction with other sources in the surrounding community(s), the Department Director, in consultation with the Health Director, shall require the facility(s) or activity(s) to develop and implement offsite ambient air and/or water monitoring plans within and in the vicinity of the Environmental Management District and for areas impacted by the facilities as determined by Department of Health.
c.The offsite monitoring plans shall include all the requirements set forth in § 1.14(B) of this Part.
2.Any facility or activity subject to the offsite monitoring requirement shall develop the monitoring plan within thirty (30) days of notification by the Department. Offsite monitoring plans must be implemented within thirty (30) days of Department approval.
3.Offsite monitoring plans shall address all impacts and adverse effects identified in the evaluation of the onsite data. The plan shall be adequate to evaluate impacts to human health and the environment in the vicinity of the Environmental Management District. Onsite monitoring shall continue during the development and implementation of the offsite monitoring plan.
4.Plan Review: The criteria specified in § 1.14(C) of this Part shall be utilized by the Department in reviewing submitted offsite monitoring plans and reports.
5.Duration: Offsite monitoring plans shall be implemented by the facility(s) or persons until notified in writing by the Department. Termination of offsite monitoring shall only be authorized after demonstration to the satisfaction of the Department that all impacts and adverse effects identified in the evaluation of the onsite data have been corrected.
6.Access to Offsite Properties:
a.The facility or person shall use best efforts to secure access to offsite properties owned or controlled by persons other than the facility owner for implementation of the approved offsite monitoring plan.
b.If any access required to conduct monitoring is not obtained within forty-five (45) days of the date the Department notifies the facility or person in writing that offsite monitoring shall be performed, the facility or person shall promptly notify the Department in writing, and shall include in that notification a summary of the steps the facility or person has taken to attempt to attain access.
c.If the facility or person is unable to obtain access, the Department may require the next best alternative location on accessible property, public or private.
G.Enforcement
Any Facility or person not complying with any of the above requirements may be subject to enforcement action at the discretion of the Department including the assessment of penalties or other action pursuant to R.I. Gen. Laws § 23-18.9-1 et seq. The Department may also prepare and implement onsite and/or offsite monitoring plans for a non-compliant facility or person. Noncompliant facilities or persons shall be responsible for and required to reimburse the Department for all costs, including interest, incurred in developing and implementing such a plan(s). Failure to develop and/or implement such plans, or reimburse the Department for preparing and implementing such plans, shall be grounds for suspension, denial, and/or revocation of the facility license or registration.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-1 § 1.16** Management of Street Sweepings in Rhode Island {#sec-250-ricr-140-05-1-1.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-1#1.16}
A.Acceptable Restricted Uses for Street Sweepings: Street sweepings are exempt from the Refuse Disposal Act, R.I. Gen. Laws § 23-18.9-1, and the Rules and Regulations promulgated thereto provided they are used in the following ways:
1.Landfill cover material at a licensed or permitted facility, subject to any additional requirements by the licensee;
2.Roadway base or any base course application that will subsequently be covered with an asphalt or concrete layer;
3.Backfill for public works construction projects such as drainpipes, culverts, or other drainage structures;
4.Used by itself or mixed with new or virgin sand and/or salt and re-applied during winter storm operations.
B.Unrestricted Uses for Street Sweepings: Street sweeping are exempt from the Refuse Disposal Act, R.I. Gen. Laws § 23-18.9-1, and the Rules and Regulations promulgated thereto and can be used as clean fill provided:
1.The owner or generator submits a written application to the Department for review and approval prior to utilizing street sweepings as unrestricted fill. The written application shall include a sampling plan, laboratory analytical reports, method of storage, length of time the materials are expected to be stored, and how the material will ultimately be used. Such written applications will be reviewed by the Department on a case by case basis.
2.They are screened; and
3.Laboratory analysis for Total Petroleum Hydrocarbons, Toxicity Characteristic Leaching Procedure and Total Lead demonstrates to the satisfaction of the Department that the street sweepings will not pose a threat to human health and safety and the environment.
C.Unacceptable Uses or Storage of Street Sweepings: Use of street sweepings inconsistent with §§ 1.16(A) and (B) of this Part are subject to the requirements of the Refuse Disposal Act, R.I. Gen. Laws § 23-18.9-1 et. seq. and Rules and Regulations promulgated thereto. In addition, the following restrictions and limitations apply to the use or storage of street sweepings:
1.Street sweepings shall not be used as an unrestricted fill in areas that will expose the street sweepings to human contact. This would include material placed on residential properties or public parks and playgrounds.
2.Street sweepings shall not be utilized as a fill in environmentally sensitive areas, such as: regulated freshwater or coastal wetlands, drinking water watersheds, wellhead protection areas, GAA groundwater classification zones, within two hundred feet (200’) of private drinking water wells or in any other manner that would be inconsistent with any Federal, State or local laws or Regulations.
3.Property owners and operators shall not speculatively accumulate street sweepings at a property for potential re-use. All street sweepings brought to any property for storage shall be utilized for their intended re-use within one (1) year of deposition at the property. Street sweepings that have not been utilized within one (1) year, shall be removed from the property for either re-use in accordance with §§ 1.16(A) or (B) of this Part or disposal at a licensed solid waste management facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-04-29 to 01/04/2022*
- *Amendment — effective from 2020-12-31 to 04/29/2021*
- *Technical Revision — effective from 2020-04-22 to 12/31/2020*
- *Amendment — effective from 2018-03-15 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/15/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
#### **250-RICR-140-05-2** Solid Waste Regulations No. 2 Solid Waste Landfills
##### **250-RICR-140-05-2 § 2.1** Solid Waste Landfills {#sec-250-ricr-140-05-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-2#2.1}
2.1.1General Information
A.Definitions of terms used in these Regulations can be found in § 1.5 of this Subchapter.
B.In addition to meeting the general requirements set forth in § 1.7 of this Subchapter, each application for a license to construct and operate a landfill subject to this Rule must contain the following:
1.Engineering plans detailing the proposed landfill's location of the property boundaries, adjacent land uses and complete construction plans pursuant to § 2.1.2 of this Part.
2.Operating plans pursuant to § 2.1.3 of this Part.
3.A sedimentation and erosion control plan prepared in accordance with § 2.1.4 of this Part.
4.An engineering report comprehensively describing the existing site conditions and an analysis of the landfill, including closure and post closure criteria, prepared in accordance with § 2.1.5 of this Part.
5.A quality assurance/quality control report prepared in accordance with § 2.1.6 of this Part.
6.A contingency plan report prepared in accordance with § 2.1.7 of this Part.
7.A hydrogeological report and water quality monitoring plan prepared in accordance with the provisions of § 2.1.8 of this Part.
8.A legal document certifying acceptance of leachate by the operator of a wastewater treatment facility for the discharge of leachate to that facility, if applicable or, for on-site treatment and discharge of leachate, a Rhode Island Pollution Discharge Elimination system permit.
9.A closure plan and post-closure care plan prepared in accordance with § 2.1.9 of this Part.
2.1.2Engineering Plans
A.The engineering plans must contain the following:
1.Locus Map: A copy of the latest geologic survey map delineating the site boundaries, the entire existing and proposed service area, as appropriate, and indicating directions and distances to airports within fifteen (15) miles of the landfill.
2.Radius Plan: A radius plan including all the information listed below shall be submitted. The radius plan must be drawn to an appropriate scale adjusted to fit on a standard size sheet and including all areas within a one half (1/2) mile radius out from all property lines of the site. The required information includes:
a.Zoning of the areas as required by § 1.7(E)(5) of this Subchapter.
b.All buildings and dwellings
c.All water supplies (wells, etc.)
d.All surface waters including wetlands (with quality classifications)
e.All known principal and primary water supply aquifers (with quality classifications)
f.All roads, bridges, railroads, airports, and historic sites
g.All boring locations
h.Legal boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island
i.North arrow
j.Extent of one hundred (100) year flood plain (where applicable)
k.All other existing and proposed non-made or natural features relating to the facility
l.Legend
3.Site Plan: A site plan including all of the information listed below for all areas within the site shall be submitted. The site plans must be drawn to an appropriate scale adjusted to fit on a standard size sheet. The required information includes:
a.Initial ground contours at five foot (5’) intervals
b.Final proposed contours at five foot (5’) intervals
c.Boring locations, excavations and test pits
d.The location and placement of each liner system
e.The location and placement of each leachate collection system showing all critical grades and elevations of the collection pipe inverts and drainage envelopes, manholes, cleanouts, valves, sumps, and pumps if necessary
f.Proposed gas controls, wells, header pipes, vents and flares (if any)
g.Buildings
h.Water supply wells (if any)
i.Surface water courses (if any)
j.Roads
k.Cross section lines (see § 2.1.2(D) of this Part)
l.Areas to be used for storing salvaged materials and recycled materials
m.Areas to be used for special waste as listed in § 2.3.6(D) of this Part
n.Groundwater monitoring wells
o.Legal boundaries of the site certified by a Registered Land Surveyor in the State of Rhode Island
p.Power lines, pipe lines, rights of way and other utilities
q.Proposed fences
r.Weighing facilities
s.North arrow
t.Location of borrow areas
u.Boundaries of areas to be filled including planned stage development of the landfill's construction and operation
v.Benchmarks and permanent survey markers
w.Lateral and vertical limits of previously filled areas (if any)
x.A wind rose
y.Berms, dikes, ditches, sedimentation ponds, swales and other devices as needed to control or collect surface water run-on and run-off
z.Location and details of leachate storage, treatment and disposal systems
aa.Typical roadway sections and profiles (for paved roadways)
bb.Legend
4.Cross Sections: Typical cross section plans including all the information listed below shall be submitted. A minimum of two (2) cross sections will be required of right angled center lines passing through the approximate middle of the site. The cross section plans should be drawn at appropriate horizontal and vertical scales. The required information includes:
a.Proposed lifts
b.Virgin ground
c.Maximum groundwater table
d.Bedrock location
e.Side slopes
f.Details of surface drains and ditches
g.Final fill elevations and grades
h.Limits of excavations
i.Final cover details & elevations
j.Details on access road construction
k.Details of the liner system
l.Details of leachate collection systems
m.Details of gas management facilities
n.Details of groundwater monitoring wells
5.Airport Safety: An owner or operator applying to site a new Solid Waste Landfill (SWLF) unit and/or a lateral expansion of an SWLF unit within a five (5) mile radius of any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the Federal Aviation Administration (FAA) of this application and show proof to the Director of this notification.
2.1.3Operating Plan
A.An operating plan shall be submitted including information on all of the areas listed below. The duration of the operating plan shall equal that of the license. The operating plan shall be reviewed by the applicant prior to the license renewal and any changes to such plan shall be submitted to the Department for approval at that time.
B.The applicant must demonstrate an ability to comply with all General Operating Standards and with the Sanitary Landfill Operating Standards listed in § 1.7 of this Subchapter and § 2.3 of this Part, respectively. The following information shall be included in the plan:
1.Type of landfill method to be used (trench, area, etc.)
2.Proposed sequence of filling operation
3.Fire control and prevention provisions
4.Operating hours
5.All types of refuse to be accepted with corresponding approximate percentages of the total refuse
6.Personnel and duties, including a description of all personnel that will receive training in order to become knowledgeable of the procedure, equipment, and process at the facility, relative to the position in which they are employed
7.Projected use of completed site
8.Dust control program
9.Vector control program
10.Litter control program
11.Odor control program
12.Procedures to promote vegetative growth on completed areas
13.Equipment to be on site during operating hours
14.Substitute equipment arrangement
15.Communications equipment available
16.Population and service area
17.Winter operations
18.Provisions for limited access
19.Weighing facilities
20.Estimated life of landfill
21.Salvaging operations and handling procedures for source segregated recyclable materials or other recyclables to be stored for recycling
22.Handling procedures for special wastes as listed in § 1.7(E) of this Subchapter and § 2.3.6(D) of this Part and procedures for SWLF units to exclude regulated hazardous wastes and polychlorinated biphenyl (PCB) wastes, per § 2.3.6(E) of this Part
23.Leachate collection removal and disposal operations and schedule
24.Leachate treatment operations (if any)
25.Groundwater monitoring operations and schedule
26.Air monitoring operation and schedule including gas monitoring program
27.Surface drainage control methods
28.If applicable, a description of the operation of a convenience station at the landfill for smaller private vehicles to unload refuse at an area other than the landfill's working face
29.Outline of the records to be kept, location of records, and retention period of records
2.1.4Sedimentation and Erosion Control Plan
A.A sedimentation and erosion control plan including all of the information listed below for all areas within the site shall be submitted. The sedimentation and erosion control plan must be drawn to an appropriate scale adjusted to fit on a standard size sheet. The required information includes:
1.The identification of all areas of disturbed, erodible, non-vegetated, non-stable soils
2.The identification of all planned activity areas which could result in erosion due to unstable soil conditions
3.The definitive, specific location for temporary sediment and erosion control installation
4.The types of temporary sediment and erosion controls to be utilized. Such controls must be able to withstand all expected velocities from site flows under anticipated storm events and must be capable under such conditions to retain eroded soils with maximum stability and efficiency.
5.The method of temporary sediment and erosion control installation, including the time of installation
6.The method and schedule of maintenance, modification, enforcement, and replacement of temporary sediment and erosion controls based upon operations and existing or anticipated erosion problems, including on-site and off-site borrow areas and any other areas that may be disturbed by landfill operations
7.The means and method of sediment removal collected within or behind any controls, including anticipated time periods between removal
8.Existing vegetation to be retained
9.Proposed vegetation to be used for cover, screening and other purposes
10.Seeding and planting schedule that accounts for the various stages of landfill development (construction, operation and closure)
11.Seed mixture choice, fertilization procedures and procedures for seed application (identify seasonal limitations, as appropriate), mulching and maintenance
12.Planting plan and schedule (which must identify plants to be used consistent with future use proposals)
13.A schedule of cutting and clearing of existing vegetation so as to maintain the maximum natural area at all times
2.1.5Engineering Report
A.An engineering report containing a description of the existing site conditions and an analysis of the proposed landfill in accordance with the construction standards of § 2.2 of this Part shall be submitted. The following information shall be included in the report:
1.The proposed design capacity of the landfill for which approval is being sought, expressed in tons per day.
2.An analysis of the existing topography, surface water and subsurface geological conditions in accordance with the requirements of § 2.1.8 of this Part.
3.A description of the materials and construction methods used for the placement of the following:
a.Groundwater monitoring wells
b.Gas venting system
c.Each liner and leachate collection and removal system
d.Leachate storage treatment and disposal system
e.Cover system
f.This description must demonstrate conformance with the construction requirements found in § 2.2 of this Part, and must include a discussion of provisions to be taken to prevent frost action upon each liner system in areas where refuse has not been placed.
4.An estimate of the expected quantity of leachate to be generated, including:
a.An annual water budget that must estimate leachate generation quantities during initial operation, upon application of intermediate cover and following facility closure. At a minimum, the following factors must be considered:
(1)Average monthly temperature
(2)Average monthly precipitation
(3)Evaporation
(4)Evapotranspiration
(5)Surface/cover soil conditions
(6)All other sources of moisture contribution to the landfill
(7)Guidance for leachate calculations may utilize National Weather Service data for Providence, Rhode Island, United States Department of Agriculture Climate Data for Providence, Rhode Island and USDA, Soil Conservation Service for Rhode Island soil data.
b.Liner and leachate collection system efficiencies that must be calculated using an appropriate analytical or numerical assessment. At a minimum, the factors to be considered must include:
(1)The saturated hydraulic conductivity of the liner
(2)The liner thickness
(3)The saturated hydraulic conductivity of the leachate collection system
(4)The leachate collection system porosity
(5)The base slope of the liner and leachate collection and removal system interface
(6)The maximum flow distance across the liner and leachate collection and removal system interface to the nearest leachate collection pipe
(7)The estimated leachate generation quantity as computed in accordance with the requirements of § 2.1.5(D)(1) of this Part
c.Predictions of the static head of leachate on the liners, volume of leachate to be collected, and the volume of leachate that may permeate through the entire liner system, all on a monthly basis. Information gained from the collection efficiency calculations required in §§ 2.1.5(D)(1) and (2) of this Part must be used to make these predictions. This assessment also must address the amount of leachate expected to be found in the secondary leachate collection and removal system in gallons per acre per day (the "action leakage rate").
5.Design of a leachate storage facility, if necessary. The storage facility's capacity must be based upon the leachate generation calculation required in § 2.1.5(D) of this Part. The design capacity for the leachate storage facility must be based on the proposed leachate disposal method that must allow sufficient lead time for either:
a.Approval for the construction and operation of an on-site leachate treatment facility or
b.Approval to handle leachate destined for off-site treatment at a wastewater treatment facility.
6.A description of the contingency plan for the construction phase. This plan must describe procedures for responding to construction deficiencies resulting from circumstances including, but not limited to, inclement weather and defective materials or construction inconsistent with specifications as demonstrated by quality control testing. The plan must:
a.Provide a description of the criteria to be utilized in evaluating deficiencies
b.Select and implement corrective actions
c.Discuss the closure and post-closure maintenance and operation of the landfill which must include, but not be limited to:
(1)A closure design consistent with the requirements of §§ 2.1.9 and 2.2.12 of this Part
(2)A post-closure water quality monitoring program consistent with § 2.1.9 of this Part
(3)An operation and closure plan for the leachate collection, treatment, and storage facilities
(4)A discussion of the future use of the site, including the specific proposed or alternative uses. Future uses must conform to the sedimentation and erosion control plan, required pursuant to § 2.1.4 of this Part, and must not adversely affect the final cover system.
7.A description of the daily and intermediate cover material, including a sieve analysis, performed by a competent soil testing agency. An estimation of the amount (in cubic yards) of cover material available and the source will also be required. If the cover material is to be purchased, a letter from the vendor stating the amounts which can be supplied must also be submitted.
8.A description of procedures and precautions to be taken during the placement of the first (1st) lift of waste above the liner and leachate collection system, describing the selected solid waste and its placement, approach and operation of collection vehicles and compaction equipment, with concern for minimizing adverse impacts on the liner and leachate collection system.
2.1.6Quality Assurance/Quality Control Report
A.The project's Quality Assurance (QA) and Quality Control (QC) report must address the construction requirements set forth in § 2.2 of this Part for each specified phase of construction. This plan must include, but not be limited to:
1.A delineation of the QA and QC management structures, including the chain of command of the QA and QC inspectors, and describing the quality control and corrective action implementation responsibilities of the QA and QC inspectors and the contractors.
2.A description of the required level of experience for the contractor and his crew for every major phase of construction which shall be sufficient to ensure that the installation methods and procedures as required per § 2.2 of this Part are properly implemented.
3.A description of the required level of experience of the QA and QC inspectors for every major phase of construction to ensure that the QA and QC testing is properly implemented.
4.A description of the required level of training, if necessary, to be provided for the contractor's personnel and the inspectors, to ensure that the installation methods and procedures and the contingency methods are properly implemented and that corrective action will be properly employed, when necessary.
5.A description of the QA and QC testing and inspections for every major phase of construction, which shall include but not be limited to the following:
a.The frequency of inspections
b.The frequency of field testing
c.The frequency of sampling for laboratory testing
d.The sampling and field testing procedures to be utilized
e.The sampling and field testing equipment to be utilized
f.The calibration of field testing equipment
g.The frequency of system or performance audits
h.The sampling size
i.The soils or geotechnical laboratory to be used
j.The laboratory procedures to be utilized
k.The calibration of laboratory equipment and QA/QC of laboratory procedures
l.The limits for test failure
m.The description of the corrective procedures to be used upon test failure
2.1.7Contingency Plan
A.The contingency plan must discuss an organized, planned and coordinated, technically and financially feasible course of action to be taken in responding to contingencies during the construction and operation of a landfill. The plan must address, at a minimum:
1.Actions to be taken with respect to personnel and user safety
2.On-site personal injury
3.Fires
4.Explosive landfill gases detected on site
5.Equipment breakdown
6.Unusual traffic conditions
7.Deposition or receipt of waste not authorized by the Department to be disposed of at the facility
8.Releases of hazardous or toxic materials
9.Groundwater and surface water contamination including public and private water supply contamination
10.Presence of leachate in the secondary leachate collection and removal system, including:
a.Establishing limits for Action Leakage Rates (ALR) and Rapid and Large Leakages (RLL)
b.Description of Response Action Plan (RAP) if ALR and RLL are exceeded
11.The leachate storage facility being at or above capacity
12.Leachate tank and surface impoundment spills or leakage (including removal of the waste and repair of such structures)
13.The inability of the approved leachate treatment facility to accept leachate from the landfill for an indefinite period of time.
2.1.8Hydrogeological Report
A.The hydrogeologic report must define the landfill site geology and hydrology and relate these factors to regional and local hydrogeologic patterns; provide a three (3) dimensional understanding of groundwater and surface water flow at the site sufficient to determine the ultimate suitability of the site for landfilling; establish an environmental monitoring system capable of readily detecting a contaminant release from the facility and determining whether the site is contaminating surface or subsurface waters; and form the basis for design of the facility and contingency plans relating to ground or surface water contamination or gas migration. The hydrogeologic report for a new landfill, and for a lateral expansion of an existing landfill, must contain a site investigation plan, a site investigation report, and an environmental monitoring plan.
B.Requirements of the Site Investigation Plan: The site investigation plan must clearly define all methods to be used in investigating the hydrogeologic conditions of the site, the scope of the intended investigation, and any specific hydrogeologic questions that the investigation is designed to address. The applicant is strongly encouraged to develop a draft version of the plan for review with the Department before starting the hydrogeologic investigation, and to keep the Department informed of the findings and subsequent investigative proposals as the study proceeds. The final version of the plan included in the hydrogeologic report section of the license application must fully describe all methods of investigation used. The plan must comply with the following:
1.General requirements for all methods used – In obtaining the required hydrogeologic information, the applicant must employ current, standard, and generally accepted procedures in meeting the requirements of this Section. Unless otherwise approved by the Department, all work must be done in accordance with applicable American Society for Testing Materials standards or current and appropriate U.S. Environmental Protection Agency guidance documents. Alternative or innovative methodologies may be approved by the Department. All procedures must be conducted under the supervision of a geologist, hydrogeologist, or geotechnical engineer having experience in similar hydrogeologic investigations, in a manner that ensures accuracy of the data and precludes environmental degradation. The location of all installations, geophysical and geochemical surveys, and seismic lines must be shown on a map with the same scale and coordinate grid system used on the engineering plans.
2.Literature search – A comprehensive search must be made for pertinent and reliable existing information concerning regional and site-specific hydrogeologic conditions. The literature search must include, as available, records and reports of the U.S. Soil Conservation Service; basin planning reports, water table maps, geologic bulletins, water supply papers, professional papers and other reports of the U.S. Geological Survey; publications and bulletins of the Geological Society of America and other professional organizations; and publications of the U.S. Environmental Protection Agency and Department, college and university reports; and aerial photography or remotely sensed imagery.
3.Surficial geologic mapping – The site must be mapped to determine the distribution of surficial deposits on and surrounding the site based upon existing information, field evaluations, and field confirmation of all interpretations made on the site itself.
4.Water well surveys – A survey of public wells within three miles of the site and private water wells within one mile downgradient and one quarter (1/4) mile upgradient of the proposed site must be conducted. An alternative distance may be agreed upon by the Director. Surveys must obtain, where available, the location of wells, which must be shown on a map with their elevation and depth, name of owner, age and usage of the well; geologic unit screened; well construction; static water levels; well yield; actual or perceived water quality; and any other relevant data which can be obtained.
5.Fracture trace analysis – The Department may require the use of fracture trace analysis to identify potential pathways of groundwater and contaminant migration.
6.Geophysical and geochemical surveys – The Department may require the use of geophysical and geochemical methods, such as electromagnetic resistivity, seismic surveys, and soil gas analysis, to justify the interpretations and conclusions of the site investigation report, and to provide information between boreholes and aid in the siting of wells.
7.Tracer studies – The Department may require the use of tracer studies to aid in understanding groundwater flow and potential contaminant transport, or to otherwise assist in devising an effective environmental monitoring plan.
8.Monitoring wells and piezometers
a.Construction in general
(1)Monitoring wells and piezometers must define the three (3) dimensional flow system within the aquifer to justify the interpretations and conclusions of the hydrogeologic report. For all landfill units, monitoring wells must be installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer.
(2)Construction techniques must be appropriate to ensure that groundwater samples and head level measurements characterize discrete stratigraphic intervals; and to prevent leakage of groundwater or contaminants along the well annulus. If leakage is detected, it must be corrected or the well must be abandoned.
(3)Monitoring wells and piezometers may be placed individually or as well clusters. Well clusters consist of individual wells at varying depths in close proximity, each installed in its own boring. Multiple wells placed into one (1) large borehole are prohibited unless Department approval is obtained.
(4)Soil borings, soil samples, and rock cores must characterize each geologic unit within the aquifer to justify the interpretations and conclusions of the hydrogeologic report.
(5)Every appropriate precaution must be taken during drilling and construction of monitoring wells to avoid introducing contaminants into a borehole. Only potable water may be used in drilling monitoring wells or piezometers.
(6)All equipment to be placed into the boring must be properly decontaminated before use at the site and between boreholes. The initial cleaning at the site must be sufficient to ensure that no contaminants from the last site drilled will be introduced into the borings. All equipment must be steam cleaned between holes. Upgradient wells should be drilled first.
b.Construction of monitoring wells and piezometers
(1)Well casing: All permanent groundwater monitoring wells shall be constructed of PVC well casing material. All casing shall have a minimum inside diameter of two inches (2.0”). Monitoring wells constructed in unconsolidated material less than one hundred feet (100’) in depth shall be constructed using a minimum of schedule forty (40) PVC. Wells greater than one hundred feet (100’) shall be constructed using a minimum of schedule eighty (80) PVC. Assembly and installation: All casing shall be constructed of flush threaded joints or threaded coupling joints. All joints shall be fitted with an "O" ring or wrapped with teflon tape. Solvent welded joints are not permissible without prior written permission of the Director. Exceptions: The Director may allow alternate well casing material if the containment concentrations or geologic setting require an alternative construction. Alternative materials include but are not limited to:
(AA)Teflon,
(BB)Stainless steel, or
(CC)Uncoated or galvanized steel.
(2)Well screen: The well screen slot size shall be sized to retain at least ninety percent (90%) of the grain size of a filter pack or at least sixty percent (60%) of the grain size of the collapsed formation. Well screens on water table wells shall not exceed fifteen feet (15’) in length. Well screens for piezometers shall not exceed five feet (5’) in length. Well screens shall be factory slotted. A bottom cap and sump sediment trap shall be installed. Water table variations, site stratigraphy, expected contaminant behavior, and groundwater flow must be considered in determining the screen length, materials, and position. Where existing contamination is suspected or known, down hole geophysical techniques may be required by the Department to aid in selecting well screen elevations.
(3)Filter pack: The filter pack shall be chemically inert, well rounded and well sorted glass beads or silica based sand or gravel of uniform grain size. The filter pack must minimize the amount of fine material entering the well, and it must not inhibit the flow of water into the well. The filter pack shall extend no more than five feet (5’) above the well screen. The filter pack shall not contaminate groundwater.
(4)Sealing requirements:
(AA)Filter pack seal: All monitoring wells installed with a filter pack shall be constructed with a top of filter pack seal.
(BB)Annular space seal: All monitoring wells shall be installed with an annular space seal that has a permeability of 1 x 10-7 centimeters per second or less.
(CC)Ground surface seal: All monitoring wells shall be constructed with a continuous pour concrete ground surface seal. The ground surface seal shall extend to a minimum of forty inches (40”) below the land surface and shall be flared such that the diameter at the top is greater than the diameter at the bottom. The top of the ground surface seal shall be sloped away from the well casing, and shall be imprinted with the designation of the monitoring well.
(5)Protective cover pipe: The protective pipe shall consist of a minimum four inch (4”) diameter metal casing with locking cap. The protective pipe shall extend from the bottom of the ground surface seal to a minimum of twenty-four inches (24”) above the land surface. There shall be no more than four inches (4”) between the top of the well casing and the top of the protective pipe. The monitoring well designation shall be indicated clearly on the protective cover pipe. A gas vent shall be installed. A high visibility guard post to prevent destruction of the well may be required. The Director may request additional protective devices as necessary. "Road boxes" will be acceptable in locations where protective cover pipes are not stable. All road boxes shall be locking and air tight.
(6)Where under the circumstances of a particular situation the Department believes that the methods identified in this section are inadequate, it may require additional measures to be taken to prevent migration of contaminants along the well annulus or to otherwise protect the well.
(7)Alternative construction methods for piezometers may be approved by the Department if those methods meet the requirements set forth in this Part.
c.Well and piezometer development – Development of all monitoring wells and piezometers shall be performed no earlier than twenty-four (24) hours after installation and before the initial water quality samples are taken. The goal of well development is to produce water free of fine sand and coarser material, all drill cuttings and drilling fluids.
(1)Survey – The locations and elevations of all existing and abandoned test pits, soil borings, monitoring wells, and piezometers must be surveyed to obtain their precise location and plotted on a map in the hydrogeologic report. The vertical location of the ground surface and the mark made on the top of the monitoring well and piezometer risers must be accurately measured to the nearest one hundredth of a foot (1/100’).
(2)Where a well is damaged, or for any other reason cannot be sampled, the Department must be notified in writing no later than fifteen (15) days after discovery of the situation.
(3)Replacement of wells – All wells must be properly protected to ensure their integrity. If in the opinion of the Department, water quality or other data show that the integrity of a well is lost, the well must be replaced and sampled within a time period acceptable to the Department after written notification by the Department.
(4)Abandonment of wells – All soil borings or rock cores which are not completed as monitoring wells or piezometers, and other abandoned wells, must be fully sealed in a manner appropriate for the geologic conditions in order to prevent contaminant migration through the borehole.
(5)Abandonment procedures – The well shall be checked from the land surface through the entire depth of the well before it is sealed to ensure against the presence of any obstructions that will interfere with sealing operations.
(AA)Wells constructed with an annular seal shall be abandoned by cutting off the casing a minimum of four feet (4’) below land surface. The remaining casing shall be completely filled with a neat cement grout or bentonite-cement grout.
(BB)Wells not known to be constructed with an impermeable annular seal shall be abandoned by completely removing the well casing and sealing with neat cement or bentonite-cement grout. If the casing cannot be removed during the abandonment of a well, the casing shall be thoroughly ripped or perforated from top to bottom, except that perforations will not be required over intervals of the well that are sealed with cement. The screened portion of the well and the annular space between the casing and the drillhole wall shall be effectively and completely filled with cement or bentonite-cement grout applied under pressure.
(6)The owner or operator of an SWLF unit must notify the Director that the documentation of the development and decommissioning of any monitoring wells and piezometers has been placed in the landfill's operating record.
9.Geologic sampling – A representative number of borings and rock cores must be sampled continuously throughout the length of the hole. In any additional borings not continuously sampled, samples must be taken at five foot (5’) intervals in unconsolidated deposits and, in rock, as required by the Department. For well clusters, continuous samples must be collected from the surface to the base of the deepest well. Other wells in the cluster must be sampled at all stratigraphic changes, and at the screened interval. Soil borings must be sampled using the split spoon method and bedrock or boulders must be sampled by coring with standard size NX or larger diameter core bits. Samples must be retained in labeled glass jars or wooden core boxes. Core samples must be securely stored and accessible throughout the life of the facility. Unconsolidated samples must be retained for three (3) years after the permit is issued. The proposed location of the storage area must be designated in the operation and maintenance plan for the facility.
10.Logs
a.Complete and accurate drilling logs must be provided to the Department for all soil borings. These logs must provide detailed soil classification. Logs also must contain a description of matrix and clasts, mineralogy, roundness, color, appearance, odor, and behavior of materials using an appropriate descriptive system. A clear description of the system used must be included with the logs. When undisturbed samples have been taken, the interval tested and the test results must be clearly shown on the logs. All well logs must contain drilling information as observed in the field including: moisture content, location of the water table during drilling, water loss during drilling, depth to significant changes in material and rock, sample recovery measured in tenths of a foot, hammer blow counts, and other pertinent comments, the method of drilling, anomalous features such as gas in the well, and the use and description of drilling fluids or additives, including the source and calculated and actual amounts of materials used.
b.Rock core logs must describe the lithology, mineralogy, degree of cementation, color, grain size, and any other physical characteristics of the rock, percent recovery and the rock quality designation (RQD), other primary and secondary features, and contain all drilling observations and appropriate details required for soil boring logs. A clear photographic record of all labeled cores must also be taken and submitted with the logs.
c.Well completion logs must contain a diagram of the completed well, all pertinent details on well construction, a description of materials used and elevations of all well features. The owner or operator of an SWLF unit must notify the Director that the documentation of the design and installation of any monitoring wells and piezometers, has been placed in the landfill's operating record.
d.For an SWLF unit, there shall be either a certified statement from a qualified groundwater scientist or approval by the Director of the number, spacing, and depths of the installed groundwater monitoring wells. If there is a certified statement from a qualified groundwater scientist, concerning this matter, then the owner or operator of the SWLF unit shall notify the Director, within fourteen (14) days of this certification, that the certified statement has been placed in the landfill's operating record.
11.Water quality sampling and analysis – Water quality samples, low in turbidity, must be collected by personnel trained in sample collection methods and fully informed of the sampling techniques specified in the site investigation and environmental monitoring plans. These plans must specify: how samples will be collected and preserved; chain of custody documentation; analyses required; methods of analyses; and quality control/quality assurance protocols. All methods must be acceptable to the Department. A record of the methods employed and the personnel involved must be kept and reported to the Department with the analytical data. The owner or operator of an SWLF unit must notify the Director that the documentation of these sampling and analytical devices and procedures has been placed in the landfill's operating record.
a.Monitoring well sampling techniques must be consistently performed each time a well is sampled, and must comply with the following:
(1)In areas where the presence of explosive or organic vapors as suspected, ambient air in the well must be checked for their presence before the well is evacuated. In addition, before evacuation of the well, static water level must be measured to the nearest one hundredth of a foot (1/100’) using standard techniques; and for wells with documented contamination, where contamination by non-aqueous phase liquids may be present, standing water in the well must be checked for immiscible layers or other contaminants that are lighter or heavier than water (floaters or sinkers). If present, floaters or sinkers must be sampled and analyzed separately by a method described in the site investigation plan.
(2)Evacuation of the well must replace stagnant water in the well and the sand pack with fresh water representative of the aquifer. Evacuation methods must create the least possible turbidity in the well and must not lower the water in the well below the top of the sand pack. Evacuated water must be properly managed.
b.Surface water sampling – The Department may require the sampling and analysis of surface water sampling points in a variety of situations. Surface water sampling methods must be consistently applied each time a point is sampled and must comply with the following:
(1)Samples collected from shallow water should not include bottom sediment. In shallow moving water, downstream samples must be collected first to avoid disturbing the bottom sediments.
(2)Each water body over ten feet (10’) deep that is sampled must be checked for stratification, and each stratum must be checked for contamination using field parameters. Each stratum showing evidence of contamination must be separately analyzed. If no stratum shows such evidence, a composite sample having equal parts of water from each stratum must be analyzed.
c.Except as otherwise specified by the Department, all samples must be whole and unfiltered and must be collected in a manner which produces the least possible turbidity.
d.Analysis of water quality data
(1)Field analysis must be performed after evacuation of the well, either within the borehole using a probe or immediately after collection. All field test equipment must be calibrated at the beginning of each sampling day and checked and recalibrated according to the manufacturer's specifications. Calibration data must be reported with the analytical results.
(2)Laboratory analyses must be performed using analytical methodologies acceptable to the Department. Where necessary to achieve acceptable minimum detection levels, the Department may require the use of specific analytical methods.
(3)All samples must be collected and stored in the order of the parameter's volatilization sensitivity using methods, consistently applied, which ensure sample integrity.
(4)Written reports containing the laboratory results must be submitted to the Department, and must include certification by the laboratory as to the accuracy and analytical methods used.
(5)After volatile organic samples have been collected, field parameters must be measured from the next sample collected.
(6)Samples must be properly preserved and delivered to the laboratory within all appropriate holding times for the parameters to be analyzed and with proper chain of custody.
(7)Blanks and replicate samples must be collected and analyzed in accordance with a method acceptable to the Department.
C.Site Investigation Report: The site investigation report must include, at a minimum, a final version of the site investigation plan, raw field data collected, analytical calculations, maps, flow nets, cross sections, interpretations and conclusions. Such report must comprehensively describe, at a minimum:
1.Regional geology: The discussion of regional geology must demonstrate how the regional geology relates to the formation of on-site geologic materials, the potential for and effects of off-site contaminant migration, and the location of nearby sensitive environments. This discussion must include available and appropriate information to describe:
a.Bedrock geology and structural features (represented on maps and columnar diagrams) constructed from field exposures and the geologic literature and describing formation and member names; geologic ages; rock types; thicknesses; the units' mineralogic and geochemical compositions and variabilities; rock fabrics; porosities and bulk permeabilities; and structural geology, including orientation and density or spacing of folds, faults, joints, and other features;
b.Glacial geology, including a discussion of the formation, timing, stages, and distribution of glacial deposits, advances and retreats of ice, and hydrologic characteristics of the surficial deposits, such as kames, esker, outwash moraines, etc.;
c.Major topographic features, their origin and influence upon drainage basin characteristics; and
d.Surface water and groundwater hydrologic features, including surface drainage patterns, recharge and discharge areas, wetlands and other sensitive environments, inferred regional groundwater flow directions, aquifers, and known primary water supply and principal aquifers, public water supply wells, and private water supply wells identified in the water supply well survey; any known peculiarities in surface water and groundwater geochemistry and any other relevant features.
2.Site specific geology – The site investigation report must define site hydrogeologic conditions in three (3) dimensions and their relationship to the proposed landfill. The report must define site geology, surface water and groundwater flow, and must relate site-specific conditions to the regional geology. The report must describe the potential impact the landfill may have on surface and groundwater resources and other receptors, including future hydrogeologic conditions which may occur with site development, and must describe the hydrogeologic conditions in sufficient detail to construct a comprehensive understanding of groundwater flow which can be quantified and verified through hydrologic, geochemical, and geophysical measurements. The report must provide sufficient data to specify the location and sampling frequency for environmental monitoring points, form the basis for contingency plans regarding ground and surface water contamination and explosive gas migration, and support the engineering design of the landfill.
3.The site-specific hydrogeologic evaluation must specifically discuss all consolidated and unconsolidated geologic units. Such evaluation must include maps, cross-sections, other graphical representations, and a detailed written analysis of the following:
a.All hydrogeologic units such as specific glacial deposits and bedrock types, and how they relate to surface water and groundwater flow. This must include all hydrogeologic data collected during the site investigation and explain and evaluate the hydrologic and engineering properties of the site and each specific unit; and
b.Local groundwater recharge and discharge areas, high and low groundwater tables and potentiometric surfaces for each hydrologic unit, vertical and horizontal hydraulic gradients, groundwater flow directions and velocities, groundwater boundary conditions, surface and groundwater interactions, and an evaluation of existing water quality.
D.Environmental Monitoring Plan: The environmental monitoring plan must describe all proposed monitoring, including the location of all monitoring points, sampling schedule, the method of sample collection and preservation, procedures for shipment of samples for analysis, chain of custody documentation, analyses to be performed, quality assurance and quality control measures, analytical and statistical methods, and reporting requirements. The plan must also include a schedule for initiation of the existing water quality and operational water quality monitoring programs and a contingency water quality monitoring plan. The owner or operator of an SWLF unit must notify the Director that the environmental monitoring plan has been placed in the landfill's operating record. This plan must comply with the following:
1.Groundwater sampling – Groundwater monitoring wells must be capable of detecting landfill-derived groundwater contamination.
a.Horizontal well spacing
(1)Horizontal well spacing must be based upon site-specific conditions including groundwater flow rates, estimated longitudinal and transverse dispersivity rates, proximity to or presence of sensitive environments and groundwater users, the nature of contaminants disposed of at the site, and the proposed design and size of the landfill including capability for liner monitoring through a leak detection system.
(2)At a minimum, well spacing must provide at least one (1) upgradient and three (3) downgradient monitoring wells or well clusters for each water-bearing unit of the aquifer.
(3)Some of the downgradient monitoring wells must be located as close as practical to the waste boundary to ensure early detection of any contaminant plume.
(4)For SWLF units, all of the downgradient wells shall be no more than one hundred fifty meters (150 m) from the waste management unit boundary and will be located on land owned by the owner of the SWLF unit. The acceptable distance of these wells from the waste management unit boundary, i.e. the relevant point of compliance, shall depend on the results of the hydrogeological report's site investigation, per § 2.1.8(A) of this Part. For sites where physical obstacles prohibit installation of some or all of the downgradient wells at the relevant point of compliance, then these downgradient monitoring wells shall be installed at the closest practicable hydraulically downgradient distance from the relevant point of compliance specified by the Director and the distance chosen shall be approved by the Director.
b.Well screen placement – Well screens must be located to readily detect groundwater contamination.
c.Screen length – Well screens must not exceed fifteen feet (15’) in length unless otherwise approved by the Department. The applicant must provide technical justification for the actual screen length chosen.
d.Geophysical and geochemical techniques – Where existing contamination is suspected, the Department may require the use of geophysical and geochemical techniques to locate contaminated zones before selecting appropriate well locations and screen depths for environmental monitoring points.
2.Surface water sampling – The environmental monitoring plan must designate monitoring points for use in contingency monitoring of the facility for all surface water bodies that may be significantly impacted by a contaminant release from the facility. In bodies of standing water, these points must be located at the point or points of highest likely impact and must be included in existing water quality monitoring. In flowing water bodies these points must include sufficient upgradient and downgradient locations to allow the facility's impact to be measured. These points, however, do not require existing water quality analysis. The detailed sampling and analysis requirements of these points must be specified in the contingency monitoring plan.
3.Water quality monitoring program – A water quality monitoring program must be implemented for all environmental monitoring points specified in the environmental monitoring plan. This program must be tailored to the site to establish existing water quality for the site prior to landfilling, operational water quality during operation of the site and the post-closure period, and contingency water quality if contamination is detected at the site. These programs must meet the following minimum requirements:
E.Existing water quality
1.The applicant must establish an existing water quality database to characterize the site geochemistry.
a.The license application must contain a preliminary evaluation of water quality consisting of the first (1st) round of sampling and analyses for a representative number of monitoring points. These samples must be analyzed for the parameters listed in §§ 2.3.26 and 2.3.27 of this Part. The Department may increase or reduce sampling and analysis of monitoring points and parameters as necessary to define site hydrogeology and geochemistry in support of the interpretations and conclusions of the site investigation report.
b.Before disposition of waste in the facility, all environmental monitoring points not previously sampled must be sampled and analyzed for one (1) round of quarterly sampling. This round must be analyzed for the parameters listed in §§ 2.3.26 and 2.3.27 of this Part.
c.If elevated contaminant levels are detected and additional detailed information is needed to establish a complete existing water quality database, the Department may require one (1) or more rounds of sampling and analysis in any sampling point.
F.Detection monitoring
1.The environmental monitoring plan must include a plan for detection monitoring to be conducted during the operation, closure, and post-closure periods of the facility. The detection monitoring plan must be able to distinguish landfill-derived contamination from the existing water quality at the site. The plan also must describe trigger mechanisms based on a Department approved statistical method for initiating assessment monitoring. Trigger mechanisms shall consist of statistically significant increases over background for one (1) or more of the parameters in § 2.3.26 of this Part, at any landfill groundwater monitoring wells at the waste management unit boundary. The Department may require modification of this plan as additional sampling data becomes available throughout the life of the facility. The minimum requirements for detection monitoring are:
a.Except as provided below in each calendar year, sampling and analysis must be performed at least quarterly during the active operating life of the landfill and at least semi-annually during the closure and post-closure monitoring periods. For SWLF units, sampling and analysis shall be performed for each upgradient and downgradient well, during each monitoring event, with allowed exceptions for wells in vicinities where landfilling has not commenced, per § 2.1.8(C)(3)(b)((2)) of this Part.
b.The Department may approve phased sampling, where hydrogeologic conditions warrant, as landfill cells are constructed or as post-closure monitoring is completed. With Department approval, sampling of specific environmental monitoring points which are not potentially impacted by the portions of the landfill already constructed, may be deferred, provided that scheduled sampling commences at least one (1) year before landfill construction in the vicinity. The Department may withdraw this approval at any time based upon a change in facility design, operation, or performance.
c.Routine analysis shall be performed on parameters from § 2.3.26 of this Part. The Department may modify the list of routine parameters before granting a permit for the facility, or during the duration of the permit, if leachate composition so warrants. If subsequent leachate compositions vary, or if the waste disposed of at the facility changes, the Department may reinstate analytical requirements. The license application must include a list of parameters selected from § 2.3.26 of this Part that will be used for the routine quarterly monitoring.
d.At each upgradient (background) and downgradient well, there shall be at least four (4) independent samples, each separately collected and analyzed for parameters in § 2.3.26 of this Part during the first (1st) sampling event (of the detection monitoring program during or after waste has been deposited).
e.The statistical method chosen for evaluating groundwater monitoring data for each parameter in § 2.3.26 of this Part shall be one (1) of the allowed optional methods per 40 C.F.R. §§ 258.53(g) and (h) (2017), incorporated in § 1.3(A) of this Subchapter. The owner or operator of an SWLF unit must specify in the landfill's operating record, the statistical method to be used.
f.If the owner or operator of an SWLF unit determines that there is a statistically significant increase over background for one (1) or more of the parameters in § 2.3.26 of this Part, at any of the landfill's boundary monitoring wells, then the owner or operator shall, within fourteen (14) days of this finding, place a notice of these details in the landfill's operating record and shall notify the Director of this action.
g.If triggering of assessment monitoring occurs, then the owner or operator of an SWLF unit has the option to successfully demonstrate, within ninety (90) days, that this triggering was due to an error in sampling, analysis, statistical evaluation or natural variation in groundwater quality. If this successful demonstration occurs, including a report documenting this demonstration, as certified by a qualified groundwater scientist or approved by the Director, then the landfill owner or operator can continue to employ detection monitoring (rather than assessment monitoring).
h.Upon notification by the Department, the owner or operator must, within one hundred and eighty (180) days, monitor groundwater for the full suite of Per- and Polyfluoroalkyl Substances (PFAS) using a methodology approved by the Department for at least two (2) rounds. If exceedances of the Department's groundwater standards are detected, the owner or operator must revise the environmental monitoring plan to address the exceedances and any impacts it may have.
G.Assessment Monitoring
1.The environmental monitoring plan must include a plan for assessment monitoring, as described in § 2.1.8(D)(3)(c) of this Part, which must be conducted when contamination is found. The plan also must describe trigger mechanisms based on a Department approved statistical method for initiating corrective action. Trigger mechanisms shall consist of maximum contaminant levels (MCLs) promulgated under the Safe Drinking Water Act (40 C.F.R. Part 141 (2017), and an appropriate, health-based and/or environmental protection-based level approved by the Department. All assessment monitoring plans are subject to Department approval, may be modified at any time by the Department when necessary to protect public health and the environment, and must include the following:
a.If contamination as determined by using the statistical method in evaluating detection monitoring for one (1) or more routine parameters is found, or if there is any scientifically valid evidence of off-site contamination, then:
(1)The owner or operator of the facility must sample and analyze all affected monitoring points for the parameters in §§ 2.3.26 and 2.3.27 of this Part during the next quarterly sampling event. This next sampling event must occur within ninety (90) days of the triggering of assessment monitoring. If contamination detected poses an immediate threat to public health or the environment as determined by the Department, additional or more frequent sampling may be required as part of a corrective action plan approved by the Department.
(2)Subsequent sampling and analysis for parameters in §§ 2.3.26 and 2.3.27 of this Part must be conducted within ninety (90) days and at least quarterly subsequently for active, operating landfills and at least semi-annually subsequently for closed landfills (during the closure and post-closure monitoring periods), until the conditions for curtailing contingency water quality monitoring specified in § 2.1.8(D)(3)(c)((4)) of this Part are met.
(3)The Director may specify an appropriate subset of wells to be sampled and analyzed for parameters in §§ 2.3.26 and 2.3.27 of this Part during assessment monitoring. The Director may delete any of the § 2.3.27 of this Part monitoring parameters, if the owner or operator of an SWLF unit, or their representative, can show that the removed constituents are not reasonably expected to be in or derived from the waste contained in the landfill.
(4)At least one (1) sample must be collected and analyzed from each well monitored, during each sampling event. Furthermore for any of the parameters listed in §§ 2.3.26 and 2.3.27 of this Part detected in any downgradient well in these units, during assessment monitoring, a minimum of four (4) independent samples must be collected and analyzed from each background well and from at least each downgradient well having detected that parameter, to establish a background level for that parameter and for statistical comparison purposes.
(5)The owner or operator of an SWLF unit must place in the landfill operating record, within fourteen (14) days of receipt of analytical results from assessment monitoring, a notice identifying any of the parameters listed in §§ 2.3.26 and 2.3.27 of this Part that have been detected and must notify the Director that this notice has been placed in this record.
b.If contamination as determined by using the statistical method in evaluating assessment monitoring for one (1) or more of the parameters in § 2.3.27 of this Part is found, or if there is any scientifically valid evidence of off-site contamination, then:
(1)The owner or operator of the facility must initiate an assessment of corrective measures, select a remedy and implement a corrective action program in accordance with the requirements described in § 2.3.28 of this Part.
c.The Department may require initiation of specific assessment monitoring based upon landfill containment failure shown by any means, including, but not limited to, contamination found in off-site wells beyond the property boundary.
d.Once initiated, assessment monitoring must be continued until the elevated parameter is shown not to be landfill-derived, or that the release by the landfill has been remediated. Assessment monitoring also may be reduced or discontinued with the approval of the Department if such monitoring is no longer needed to protect public health or the environment. Assessment monitoring for parameters in §§ 2.3.26 and 2.3.27 of this Part must continue at affected well(s) at least until the concentration of all parameters in §§ 2.3.26 and 2.3.27 of this Part are shown to be at or below background values (at the upgradient well(s)), using one (1) of the accepted statistical procedures in 40 C.F.R. § 258.53(g) (2017), incorporated in § 1.3(A) of this Subchapter, for two (2) consecutive sampling events. The owner or operator of the SWLF unit must notify the Director of these occurrences during the two (2) consecutive sampling events and must, at minimum, return to detection monitoring at these previously affected wells. For SWLF units, assessment monitoring at affected wells must continue, if these wells' analytical results continue to show concentrations of one (1) or more parameters in §§ 2.3.26 and 2.3.27 of this Part above background (upgradient) values and all concentrations are below the groundwater protection standard values established per § 2.1.8(C)(3)(c)((7)) of this Part below.
e.Where existing water quality shows contamination, the applicant must establish an assessment monitoring plan capable of detecting additional groundwater contamination from the proposed facility.
f.If one (1) or more of the parameters in §§ 2.3.26 and 2.3.27 of this Part are detected at statistically significant levels above the groundwater protection standard values established per § 2.1.8(C)(3)(c)((7)) of this Part below, then:
(1)The landfill owner or operator must place in its operating record, within fourteen (14) days of receiving analytical results, a notice identifying the parameters in §§ 2.3.26 and 2.3.27 of this Part that have statistically exceeded the groundwater protection standard values, in any sampling event, and must notify the Director and the local government officials that the notice has been placed in its operating record.
(2)The landfill owner or operator must characterize the nature and extent of the release by installing additional monitoring wells as necessary and, at minimum, must install at least one (1) monitoring well at the facility boundary in the direction of contaminant migration and must perform assessment monitoring at this well.
(3)The landfill owner or operator must notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination, if contaminants have migrated off-site as indicated by sampling of wells.
(4)The landfill owner or operator must initiate an assessment of corrective action within ninety (90) days (per § 2.3.28 of this Part) or may, at his option, demonstrate that a source other than his landfill caused the contamination or demonstrate that the indicated contamination resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. A report documenting this demonstration must be certified by a qualified groundwater scientist or must be approved by the Director and the report shall be placed in the landfill's operating record. If this successful demonstration is made, then:
(AA)The landfill owner or operator does not have to initiate an assessment of corrective measures, but must continue assessment monitoring, until necessary conditions for returning to detection monitoring are met, per § 2.1.8(C)(3)(c)((4)) of this Part.
(BB)The landfill owner or operator does not have to add additional monitoring wells, per § 2.1.8(C)(3)(c)((6)) of this Part, or notify the owner or occupants of adjacent property of off-site migration of contaminants, per § 2.1.8(C)(3)(c)((6)) of this Part.
g.For all landfill units, the groundwater protection standard value for each parameter in §§ 2.3.26 and 2.3.27 of this Part shall be the following:
(1)For parameters for which a maximum contaminant level (MCL) has been promulgated under § 1412 of the Safe Drinking Water Act (codified) under 40 C.F.R. Part 141 (2017), incorporated in § 1.3(A) of this Subchapter, the MCL for that parameter.
(2)For parameters for which MCLs have not been promulgated, either:
(AA)The background concentration for the parameter as established from background (upgradient) well(s) or
(BB)An alternate groundwater protection standard, established by the Director, based on appropriate health risks which satisfy the following criteria:
(i)The level is derived in a manner consistent with Federal guidelines for assessing the health risks of pollutants (EPA/630/P-03/001F published March 2005), incorporated in § 1.3(B) of this Subchapter), and
(ii)The level is based on scientifically valid studies conducted in accordance with the Toxic Substances Control Act Good Laboratory Practice Standards, 40 C.F.R. Part 792 (2017), incorporated in § 1.3(A) of this Subchapter or equivalent; and
(iii)For carcinogens, the level represents a concentration associated within an excess lifetime cancer risk level (due to continuous lifetime exposure) within the 1 x 10-4 to 1 x 10-6 range; and
(iv)For systemic toxicants (which include toxic chemicals causing effects other than cancer or mutation) the level represents a concentration to which the human population (including sensitive sub-groups) could be exposed to on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime.
(CC)In establishing alternate groundwater protection standards, per § 2.1.8(D)(3)(b) of this Part the Director may consider:
(i)Multiple contaminants in the groundwater,
(ii)Exposure threats to sensitive environmental receptors,
(iii)Other site-specific exposure or potential exposure to ground water.
h.For parameters for which the background level is higher than the MCL, per § 2.1.8(C)(3)(c)((7)) of this Part, or is higher than health-based levels per § 2.1.8(C)(3)(c)((7)) of this Part, the background concentration shall be used.
H.Reporting of data
1.Unless more rapid reporting is required to address an imminent environmental or public health concern, the owner or operator of the facility must report all water quality monitoring results to the Department on a quarterly basis. The report must include:
a.A table showing the sample collection date, the analytical results, designation of upgradient wells and location number for each environmental monitoring point sampled, applicable water quality standards, trigger values, QA/QC notations, and method detection limits (MDL).
b.In addition, tables or graphical representations comparing current water quality and existing water quality and upgradient water quality must be presented.
c.A summary of the contraventions of water quality standards, and discussion of results, including elevations of parameters above background concentrations based on statistical analyses; and any proposed modifications to the sampling and analysis schedule necessary to meet the requirements of §§ 2.1.8(D)(3)(c)((7))((BB))((i)) through ((iii)) of this Part.
d.Any determination of contamination detected must be reported to the Department within forty-eight (48) hours of such determination.
e.All QA/QC documentation must be made available to the Department upon request.
f.The annual report must contain a summary of the water quality information presented, with special note of any changes in water quality which have occurred throughout the year.
g.Contaminant trigger mechanisms – In sensitive environments or in areas of existing contamination, the Department may require the environmental monitoring plan to specify contaminant levels which, when exceeded, will signal groundwater contamination and commence assessment monitoring and possible remedial actions.
2.1.9Closure and Post – Closure Plans and Financial Assurance
A.Pursuant to the requirements set forth in § 1.5(J) of this Subchapter, the operator or applicant shall submit a closure plan, including information on the following:
1.Fences, gates, and all other security measures to prevent unauthorized access to the site
2.Groundwater and surface water monitoring devices and stations
3.Final grades
4.Legal boundaries
5.Final cover system, including a description of the methods and procedures to be used to install the cover, and meeting the requirements of § 2.2.12 of this Part:
a.Bedding layer
b.Low permeability barrier layer
c.Drainage layer
d.Top soil and vegetative cover
B.Accompanying the plan in § 2.1.9(A) of this Part, the operator or applicant shall also submit information on the following:
1.Anticipated date of closure
2.Methods of restricting access and preventing additional waste disposal
3.Methods of protecting ground and surface water and controlling air emissions
4.Anticipated starting and completion date of installation of the final cover system, including a schedule for completing each portion of the cover system
5.Method of maintaining drainage control structures to prevent ponding and erosion to the cover. The surface drainage system must be designed and constructed to protect the cover from the peak discharge of a twenty-four (24) hour one hundred (100) year frequency storm.
6.Method of maintaining soil cover integrity, slopes, cover vegetation and gas venting structures during the post-closure monitoring and maintenance period
7.Method of maintaining the leachate collection and disposal system. Leachate treatment or disposal must be addressed for a minimum of thirty (30) years or for as long as leachate is capable of adversely impacting the environment.
8.An estimate of the largest area of the landfill ever requiring a final cover at any time during the active life of the landfill
9.An estimate of the maximum inventory of wastes ever on site over the active life of the landfill
10.Description of the operation and maintenance of a gas monitoring system that meets the requirements of 40 C.F.R. § 258.23 (2017) incorporated in § 1.3(A) of this Subchapter and § 2.3.8 of this Part.
C.A post-closure monitoring and maintenance operations manual is required. This must provide personnel with detailed instructions for assuring efficient monitoring, leachate management which would include recording of the total volume of leachate stored and removed from the facility, sampling and analysis, and proper maintenance of all facility components to maintain the facility and meet the requirements of this Rule for a minimum period of thirty (30) years after landfill closure. This manual must be submitted with the closure plan developed in accordance with this Rule. The manual must indicate the frequency for monitoring and maintenance actions and the name, address, and telephone number of the facility contact person during the post-closure period.
D.A financial estimate of the costs to properly close the facility. With respect to financial assurance (§ 1.5(J)(b) of this Subchapter), the applicant must post financial assurance for the full amount of the closure cost estimate as a pre-condition for the issuance of a solid waste management facility license.
E.The landfill owner or operator shall notify the Director when a copy of the closure plan has been placed in the landfill's operating records and for a new SWLF unit, this action must occur prior to receiving waste at the facility.
F.Prior to beginning closure of each SWLF unit, the landfill owner or operator shall notify the Director that a notice of intent to close the unit has been placed in the landfill's operating record.
G.Planned uses (if any) of the property during the post closure period, subject to requirements of § 2.3.4(C)(6)(b) of this Part, shall be submitted to the Director. The owner or operator of an existing SWLF unit shall notify the Department expediently that a post-closure plan has been placed in the landfill's operating record. The owner or operator of a new SWLF unit or of a lateral expansion of an SWLF unit shall notify the Department that this post-closure plan has been placed in its operating record, prior to initial receipt of waste in the new or lateral expansion unit.
H.Financial Assurance for Closure of an SWLF Unit
1.The landfill owner or operator must have a detailed written estimate, in current dollars of the cost of hiring a third (3rd) party to close the largest area of the landfill ever requiring a final cover at any time during the active life, in accordance with the closure plan. The owner or operator must notify the Director that the estimate has been placed in the landfill's operating record.
2.The closure cost estimate must equal the cost of closing the largest area of the landfill ever requiring a final cover at any time during its active life when the extent and manner of its operation would make closure the most expensive.
3.During the landfill's active life, the owner or operator must annually adjust the closure cost estimate for inflation.
4.The owner or operator must increase the closure cost estimate and the amount of financial assurance provided, if changes to the closure plan or landfill conditions increase the maximum cost of closure at any time during the remaining active life.
5.The owner or operator may reduce the closure cost estimate and the amount of financial assurance provided, if the cost estimate exceeds the maximum cost of closure at any time during the remaining life of the landfill. The owner or operator must notify the Director that the justification for the reduction in the closure cost estimate and the amount of financial assurance has been placed in the landfill's operating record.
6.The landfill owner or operator must establish financial assurance for closure of the landfill, in compliance with § 2.3.29 of this Part. The owner or operator must provide continuous closure assurance until released from financial assurance requirements by demonstrating compliance with §§ 2.3.4(C)(5) and (6) of this Part.
I.Financial Assurance for Post Closure of an SWLF Unit
1.The landfill owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third (3rd) party to conduct post-closure care of the landfill in compliance with the post-closure requirements within §§ 2.1.9(B) and (C) of this Part. The post-closure cost estimate used to demonstrate financial assurance must account for the total costs of conducting post-closure care, including annual and periodic costs incurred over the entire post-closure care period. The owner or operator must notify the Director that this estimate has been placed in the landfill's operating record.
2.The cost estimate for post-closure care must be based on the most expensive costs of post-closure care during the post-closure care period.
3.During the active life of the landfill and during the post-closure care period, the owner or operator must annually adjust the post-closure cost estimate for inflation.
4.The owner or operator must increase the post-closure cost estimate and the amount of post-closure care financial assurance provided, if changes in the post-closure plan or landfill conditions increase the cost of post-closure care.
5.The owner or operator may reduce the post-closure cost estimate and the amount of post-closure care financial assurance provided, if the cost estimate exceeds the maximum cost of post-closure care remaining over the post-closure care period. The owner or operator must notify the Director that the justification for the reduction of the post-closure cost estimate and the amount of financial assurance has been placed in the operating record.
6.The owner or operator must establish financial assurance for post-closure care, in compliance with § 2.3.29 of this Part. The owner or operator must provide continuous post-closure care assurance until released from financial assurance requirements by demonstrating compliance with post-closure care requirements, per §§ 2.1.9(B) and (C) of this Part.
J.Installation of Solar Panels on Landfills
1.For landfills undergoing closure overseen by the Office of Land Revitalization and Sustainable Materials Management, solar panel systems may be installed on the footprint of the landfill if the panels are approved as part of the overall cap design.
2.For inactive landfills that have or will undergo closure overseen by the Office of Land Revitalization and Sustainable Materials Management, the owners must obtain authorization from the Department in order to install a solar panel system on the landfill. Solar Panel systems may be installed on the footprint of the landfills if all of the provisions are met:
a.The landfill has been or shall be closed/capped in conformance with the Solid Waste Regulations of this Part or the Landfill Closure Program.
b.A Solar Panel Feasibility study evaluating the impact of the solar panel system on following issues:
(1)Details of how the system will be placed and anchored
(2)Compatibility of the system with the existing cap (including potential to puncture the membrane)
(3)An analysis of the weight bearing capacity of the existing cap and related structures (i.e. gas and leachate controls), including loads placed on the cap during construction from equipment and snow and wind loads and in consideration of cap integrity
(4)Potential for increased settlement
(5)Slope and stability analysis
(6)Vegetative cover
(7)Existing or proposed gas or leachate management systems
(8)Stormwater control and impact on wetlands and/or surface waters
(9)Minimum spacing for maintenance and emergency events
(10)Access roads and access restrictions to the site
(11)Electrical plans and specifications showing electrical lines and related equipment
(12)Health and Safety Plan
c.Gas monitoring and alarms will be in place for any controlled structure or buried line or other confined space
d.Other aspects of the cap meet the requirements of the Solid Waste Regulations of this Part or the Landfill Closure Program
3.Solar panel systems proposed to be installed on the capped footprint of filled areas shall be considered an integral part of the final remedy for the purpose of review and approval under this Rule. Therefore, activities that may affect freshwater wetlands and that are approved the Office of Land Revitalization and Sustainable Materials Management under this Rule, capping, closure, or for remediation of contamination resulting from the release of oil or hazardous materials are allowed in accordance with the Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act, § 150-15-1.6(A) of this Title, and Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases, Subchapter 30 Part 1 of this Chapter.
a.Stormwater Control. Applicants proposing solar panels on the capped footprint of filled areas shall either:
(1)Obtain a Rhode Island Pollutant Discharge Elimination System General Permit for Stormwater Discharge Associated with Construction Activity (Construction General Permit) from the Office of Water Resources, or
(2)Comply with pre-approved construction mitigation standards established by the Office of Land Revitalization and Sustainable Materials Management.
2.1.10Site Engineering
A.The following areas shall be marked with stakes at the site at the time of the engineering survey. The stakes must be visible and must be maintained at all times.
1.Area enclosed by legal boundaries
2.Areas to be filled as indicated in operating plan
3.Areas to be used for leachate treatment, storage or disposal
4.Areas to be used for storing salvaged materials
5.Areas to be used for special waste as listed in § 2.3.6(D) of this Part
2.1.11Conservation Easement
As a condition of issuance of a license for a solid waste management facility, the owner of the land on which the facility is to be located shall grant to the State of Rhode Island a perpetual conservation easement. The easement shall be recorded in the land evidence records of the city (cities) or town (towns) in which the land is located and shall describe the permitted facility and the activities to be conducted therein. Under the terms of the easement, the Director or his duly authorized agents of the State of Rhode Island shall have a perpetual right to enter upon such land at reasonable times for the purpose of inspecting the facility, or for the purpose of conducting tests where the facility is or was located. Such easement shall include a prohibition on any excavation or other disturbance or construction of the facility site without prior written approval from the Director. The conservation easement shall also include the notation required by § 2.3.15 of this Part.
2.1.12Landfill Gas Recovery Facilities
A.§ 2.1.12 of this Part regulates the construction and operation of all landfill gas recovery facilities that remove landfill gas from landfills subject to regulation under the provisions of this Rule. Landfill gas recovery facilities must be constructed and operated in accordance with all applicable requirements of all Federal and State Regulations.
B.An application for approval to construct and operate a landfill gas recovery facility must be submitted in accordance with the following requirements.
C.Site Plans: Site plans including all of the information listed below for all areas within the site shall be submitted. The site plans must be drawn to an appropriate scale adjusted to fit on a standard size sheet. The required information includes:
1.Landfill property boundaries from which the landfill gas is to be removed
2.Location of the landfill gas recovery facility
3.Off-site and on-site utilities including sanitary sewer systems
4.Locations of existing and proposed gas venting structures, wells, piezometers, environmental and landfill monitoring points
5.On-site buildings
6.Fences and gates
7.Roads and parking areas
8.Existing drainage culverts and on-site drainage structures
9.Landfill areas from which landfill gas is to be recovered
10.Site topography with five foot minimum contour intervals
11.North arrow
12.Location and grades of all landfill gas collection lines
13.Collection pipe inverts, clean-outs and valves
14.Extraction well locations
D.Construction and Engineering Plans: A complete set of construction and engineering plans and specifications relating to all buildings and equipment of the facility must be submitted to the Department.
E.Operating Plan: An operating plan shall be submitted including information on all of the areas listed below:
1.A description of the operation of the facility and how the recovered landfill gas will be used.
2.An estimate of the quantities of condensate to be generated and a description of how the condensate will be disposed of
3.Operating hours
4.Personnel and duties
5.Communications equipment available
6.A description of the equipment machinery, operational controls, and processes to be used during normal operation
7.A description of procedures to be followed during start up and planned and unplanned shutdown of operations
8.A description of the safety features of the equipment, controls, and machinery
9.Site security methods
F.Contingency Plan: The contingency plan must discuss an organized and planned method of responding to unexpected events during the construction and operation of the landfill gas facility. The plan must address, at a minimum, actions to be taken with respect to:
1.Noise
2.Personal injury
3.Explosions
4.Fires
5.Detection of explosive landfill gases both on-site and off-site
6.Equipment to be used to maintain proper landfill gas venting and control when normal operations cease
G.Closure Plan: Pursuant to the requirements set forth in § 1.5(J) of this Subchapter, the operator or applicant shall submit a closure plan including information on the following:
1.Date of proposed closure
2.Methods of restricting access
3.Methods of protecting ground and surface water and controlling air emissions in the vicinity of the facility
4.Methods to vent and control landfill gases after operation of the facility ceases
5.An estimate of the costs to properly close the facility
6.Intended future use of the facility, following closure (immediate and long term use)
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-01-03 to 01/04/2022*
- *Amendment — effective from 2018-03-21 to 01/03/2021*
- *Periodic Refile — effective from 2001-12-31 to 03/21/2018*
##### **250-RICR-140-05-2 § 2.2** Solid Waste Landfill Construction Standards {#sec-250-ricr-140-05-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-2#2.2}
2.2.1General
Construction of sanitary landfill facilities shall meet all Regulations set forth in this Rule and shall also comply with all applicable Federal Rules, Laws, Regulations or other Federal requirements.
2.2.2Horizontal and Vertical Control
A.One (1) permanent survey benchmark of known elevation measured from the National Geodetic Vertical Datum of 1929 must be established and maintained for each twenty-five (25) acres of developed landfill, or part thereof, at the site. This benchmark must be the reference point for establishing vertical elevation control.
B.North American Datum of 1983 Coordinates must be established. Horizontal control must be established and one (1) of its points must be the benchmark of known NAD 1983 Coordinates.
2.2.3Liner System
A.The minimum liner requirements for all landfills accepting solid waste must consist of the following:
1.On all bottom areas where the landfill slope is less than or equal to twenty-five percent (25%), the liner system must consist of a double composite liner separated by a secondary leachate collection and removal system.
2.On all side slope areas where the landfill slope is greater than twenty-five percent (25%), the liner system need only consist of an upper geomembrane liner and a secondary (lower) composite liner separated by a secondary leachate collection and removal system.
3.A composite liner must consist of two (2) components; an upper geomembrane liner placed directly above a low permeability soil layer meeting the requirements specified in §§ 2.2.7 and 2.2.6 of this Part respectively. Each composite liner is considered a single liner.
4.The double composite liner system must include a primary leachate collection and removal system consisting of a twenty-four inch (24”) granular soil layer with a leachate collection pipe network. The primary leachate collection and removal system lies above the primary (upper) composite liner. The primary composite liner consists of a geomembrane that directly overlays an eighteen inch (18”) low permeability soil layer. The primary composite liner lies above the secondary leachate collection and removal system. The secondary leachate collection and removal system consists of either a leachate collection pipe network with a twelve inch (12”) granular soil layer, or an effective layer of geosynthetic material. The secondary leachate collection and removal system lies above the secondary (lower) composite liner, which consists of a geomembrane that directly overlays a twenty-four inch (24”) low permeability soil layer.
5.The Department shall not allow any variance from the requirement to include a secondary (lower) composite liner, as part of the liner system.
2.2.4Leachate Collection and Removal System
A.The leachate collection and removal system must be designed to effectively remove leachate from the landfill. A means of assessing leachate flows in both the primary and secondary leachate collection and removal system must be detailed on plans and discussed in the engineering report.
B.The primary and secondary leachate collection and removal systems must conform to the following requirements:
1.A primary leachate collection and removal system, located over the upper composite liner, must be hydraulically designed to remove leachate from the landfill and ensure that the leachate head over the primary composite liner does not exceed one foot (1’) at expected flow capacity, except during storm events. This collection and removal system must be designed and constructed, at a minimum, in accordance with the requirements of §§ 2.2.8 and 2.2.9 of this Part.
2.A secondary leachate collection and removal system must be located between the upper and lower liner systems to effectively collect and rapidly remove leachate from the lower liner system. This collection system must be designed and constructed, at a minimum, in accordance with the requirements of §§ 2.2.8, 2.2.9 and 2.2.10 of this Part.
3.The primary and secondary leachate collection and removal systems must be designed and built to allow for representative sampling of leachate, and to operate without clogging during the effective site life and post-closure maintenance period. All pipes located in the primary leachate collection and removal system must be designed to allow for accessibility of equipment for routine cleaning and maintenance. All leachate conveyance lines outside the double composite liner system of the landfill must be designed to have double containment, and must be constructed to provide for leak detection and collection. Double containment and leak detection provisions shall be maintained along the entire length of conveyance line(s) handling only leachate or other liquid wastes associated with the design of the landfill.
2.2.5Landfill Subgrade
A.The landfill subgrade is the uppermost in situ soil layer or select fill that must be graded and prepared for landfill construction. A foundation analysis must be performed to determine the structural integrity of the subgrade to support the loads and stresses imposed by the weight of the landfill and to support overlying facility components. For lateral expansions adjacent to existing landfills, the Department may approve encroachment upon the existing landfill's side slope if a leachate barrier system is designed and constructed to minimize leachate migration into the existing landfill.
1.Materials Required: The landfill subgrade must be free of organic material and consist of on-site soils, or any select fill if approved by the Department.
2.Construction Requirements: The landfill subgrade must be graded in accordance with the requirements of the approved engineering plans, report, and specifications. The material must be sufficiently dry and structurally sound to ensure that the first (1st) lift and all succeeding lifts of soil placed over the landfill subgrade can be adequately compacted to the design requirements.
3.Certification Requirements: At a minimum, the subgrade surface must be inspected in accordance with the following requirements:
a.Before placing any material over the subgrade, the project engineer must visually inspect the exposed surface to evaluate the suitability of the subgrade and ensure that the surface is properly compacted, smooth, and uniform, and that elevations are consistent with the Department approved plans.
b.The subgrade must be proof-rolled using procedures and equipment acceptable to the Department.
c.The subgrade must be tested for density and moisture content at a minimum frequency of five (5) tests per acre.
2.2.6Soil Component of the Liner System
A.The soil component of the liner system must be a continuous layer of low permeability soil constructed to control fluid migration.
1.Materials Required
a.Primary composite liner: The soil component of the primary composite liner must be a minimum compacted thickness of eighteen inches (18”). The top six inches (6”) directly below and in contact with the upper geomembrane liner must have a maximum remolded coefficient of permeability of 1 x 10-7 centimeters per second. The lower twelve inches (12”) of soil must be compacted to achieve a maximum remolded coefficient of permeability of 1 x 10-5 centimeters per second and be placed without damaging any geosynthetic or secondary leachate collection and removal system components below the primary composite liner. The soil material must be free of particles greater than three inches (3”) in any dimension.
b.Secondary composite liner: The soil component of the secondary composite liner must be at least twenty-four inches (24”) in compacted thickness, and must have a maximum remolded coefficient of permeability of 1 x 10-7 centimeters per second throughout its thickness. The soil material must be free of particles greater than three inches (3”) in any dimension.
2.Construction Requirements: The project engineer must ensure that the soil component of the liner system installation conforms with the following minimum requirements:
a.The soil component of the liner system must be placed on a slope of no less than two percent to promote positive drainage across the liner surface and at a maximum slope not greater than thirty-three percent (33%) to minimize erosion and facilitate construction.
b.Compaction must be performed by properly controlling the moisture content, lift thickness, and other necessary details to obtain satisfactory results. The maximum final compacted thickness of each lift of soil material must be six inches (6”). When placing the first (1st) lift of the soil component of the liner system, the thickness may be increased to ensure adequate compaction and attain the desired permeability depending upon the type and size of compaction equipment used and whether or not the liner and subgrade are of dissimilar materials. Any succeeding lifts of the soil component of the lining system may be reduced in thickness, depending upon the compaction equipment used.
c.The moisture content of the soil component of the liner system must be maintained within the range identified in accordance with § 2.2.6(C) of this Part before and during compaction of the soil lift to ensure that the remolded lift attains a maximum in situ permeability as required. The density after compaction must be within the range identified in accordance with § 2.2.6(C) of this Part to ensure that the remolded lift attains a maximum in situ permeability, as required.
3.Certification Requirements: The project engineer must include in the construction certification report a discussion of all quality assurance and quality control testing required in § 2.2.6(A)(3) of this Part. The testing procedures and protocols must be submitted in accordance with § 2.1.6 of this Part and approved by the Department. The results of all testing must be included in the construction certification report including documentation of any failed test results, descriptions of the procedures used to correct the improperly installed material, and statements of all retesting performed in accordance with the following requirements:
a.The project engineer must certify the quality control testing of any soil liner materials to ensure that the specified material meets the permeability requirements of § 2.2.6(A) of this Part and the approved engineering plans, reports, and specifications. Before and during construction of the soil component of the liner system, the following information must be approved by the project engineer: one (1) analysis of soil particle size for every two thousand five hundred (2,500) cubic yards of soil liner materials placed; one (1) Atterberg limits analysis of plastic and liquid limit and plasticity index for every one thousand five hundred (1,500) cubic yards of soil liner material placed; one (1) laboratory permeability test using a triaxial cell with back pressure for every five thousand (5,000) cubic yards of material placed; one (1) moisture content test for every one thousand (1,000) cubic yards of material placed; and a minimum of one (1) comparison of the moisture-density-permeability relation for every five thousand (5,000) cubic yards of material placed, and one (1) comparison each time soil material changes are noted.
b.Quality assurance testing included in this Rule must be compared to and evaluated against the quality control testing of § 2.2.6(C)(1) of this Part, where applicable. Quality assurance testing must include: at least five (5) density tests must be performed per acre per lift of soil material placed; a minimum of five (5) moisture content tests per acre per lift of soil material placed; and one (1) shelby tube sample for laboratory permeability testing must be taken per acre per lift. Any tests resulting in penetration of the soil liner must be repaired using bentonite or other means acceptable to the Department.
2.2.7Geomembrane Liners
A.Geomembrane liners are low permeability geosynthetics having a maximum coefficient of permeability of 1 x 10-12 centimeters per second, and are used to control fluid migration from landfills.
1.Materials Required: The geomembrane liner material must have a demonstrated hydraulic conductivity less than 1 x 10-12 centimeters per second, and chemical and physical resistance not adversely affected by waste placement or generated leachate. Documentation must be submitted to ensure chemical compatibility of the geomembrane liner material chosen or, in absence of the appropriate documentation, chemical compatibility testing must be performed using a test method acceptable to the Department.
2.Construction Requirements: Geomembranes must be installed in accordance with the requirements of the approved engineering plans, reports and specifications, and manufacturer’s recommendations. The project engineer must ensure that the geomembrane installation, at a minimum, must conform with the following:
a.The geomembrane must have a minimum thickness of forty-five (45) mils in the primary composite liner and thirty-six (36) mils in the secondary composite liner. Geomembranes consisting of high density polyethylene (HDPE) shall be at least eighty (80) mils thick in the primary composite liner and sixty (60) mils thick in the secondary composite liner.
b.All geosynthetic materials must be installed on a subgrade that has a minimum two percent (2%) slope to promote positive drainage.
c.Any geosynthetic materials installed on slopes greater than twenty-five percent (25%) must be designed to withstand the calculated tensile forces acting upon the geosynthetic materials. The design must consider the maximum friction angle of the geosynthetic with regard to any soil-geosynthetic or geosynthetic-geosynthetic interface, and must ensure that overall slope stability is maintained.
d.The surface of the supporting soil below which the geosynthetic material will be installed must be reasonably free of stones, organic matter, irregularities, protrusions, loose soil, and any abrupt changes in grade that could damage the geosynthetic. The supporting soil must conform to the requirements of § 2.2.5 of this Part.
e.The anchor trench must be excavated to the length and width prescribed on the approved design drawings.
f.Field seams should be oriented parallel to the line of maximum slope, i.e., oriented along, not across the slope. In corners and irregularly-shaped locations, the number of field seams should be minimized. No horizontal seam should be less than five feet (5’) from the toe of slope toward the upslope direction of the landfill.
g.The materials must be seamed using an appropriate method acceptable to the Department. Seam testing must be in accordance with the requirements of § 2.2.7(C) of this Part.
h.The seam area must be free of moisture, dust, dirt, debris, and foreign material of any kind before seaming.
i.Field seaming is prohibited when ambient air temperatures, precipitation and wind conditions prevent construction of the liner seams in accordance with all quality assurance and quality control requirements.
j.The field crew foreman of the liner installer must have a documented minimum qualification of successful installation experience of at least fifty (50) acres of previous landfill or comparable geosynthetic systems on a minimum of five (5) different projects.
3.Certification Requirements: The project engineer must include in the construction certification report a discussion of the approved data resulting from the quality assurance and quality control testing required in § 2.2.7(A)(3) of this Part. The results of all testing must be included in the construction certification report including documentation of any failed test results, descriptions of the procedures used to correct the failed material, and statements of all retesting performed.
a.The project engineer must certify the quality control testing of any geosynthetic materials ensuring that the material and workmanship meet the requirements of the approved engineering plans, reports, and specifications. Before installing any geosynthetic material, the following information must be available to the project engineer for approval:
(1)Origin and identification of the raw materials used to manufacture the geosynthetic material;
(2)Copies of quality control certificates issued by the producer of the raw materials used to manufacture the geosynthetic material; and
(3)Reports of tests conducted to verify the quality of raw materials used to manufacture the geosynthetics. Tests for specific gravity, melt flow index, and percent carbon black must be performed using a method acceptable to the Department.
b.The project engineer must verify through appropriate documentation that the quality control testing of any geosynthetic rolls fabricated into blankets at the factory took place in accordance with the following requirements:
(1)The geomembrane was continuously inspected for uniformity, damage, imperfections, holes, cracks, thin spots, and foreign materials. Additionally, the geomembrane liner must be inspected for tears, punctures, and blisters. Any imperfections must be immediately repaired and re-inspected.
(2)Non-destructive seam testing was performed on all fabricated seams over their full length using a test method acceptable to the Department.
(3)Destructive seam testing was performed on a minimum of two (2) samples per blanket. The samples must be taken from extra material at the beginning or end of blanket seams such that the blanket is not damaged and the blanket geometry is not altered. The size of the sample taken must be large enough to perform the required testing. An independent laboratory acceptable to the Department must have performed the required testing on the samples taken. If a sample fails a destructive test, the entire seam length must be reconstructed or repaired using a method acceptable to the Department and retested using non-destructive seam testing over their full length using a method acceptable to the Department.
c.Quality assurance testing performed in the field under the supervision of the project engineer must assure conformity of the geosynthetic installation with the engineering plans, reports, and specifications submitted in accordance with the following requirements:
(1)During the construction phase, the geosynthetic must be inspected for uniformity, damage, and imperfections. The liner must be inspected for tears, punctures, or blisters. Any imperfections must be immediately repaired and re-inspected.
(2)All field seams must be non-destructively tested in accordance with the procedures listed in this clause using a test method acceptable to the Department. The project engineer must: Supervise all non-destructive testing; Record the location, date, test unit number, name of tester, and results of all testing; Inform the installer of any required repairs; and overlay all seams which cannot be non-destructively tested with the same geomembrane. The seaming and patching operation must be inspected by the project engineer for uniformity and completeness.
(3)Destructive testing must be performed on the geomembrane liner seam sections in accordance with the requirements listed in this Rule and using test methods acceptable to the Department.
(4)Seam samples for testing must be taken as follows: a minimum of one (1) test per every five hundred feet (500’) of seam length unless a more frequent testing protocol is agreed upon by the installer and project engineer; additional test locations may be determined during seaming at the project engineer's discretion; all test locations must be appropriately documented.
(5)The project engineer must approve the sample size to be taken. The sample size must be predetermined as being large enough to perform the required testing.
(6)An independent laboratory acceptable to the Department must perform the required testing, which must include, at a minimum, testing for seam strength and peel adhesion using testing procedures acceptable to the Department.
(7)If a sample fails destructive testing the project engineer must ensure that: the seam is reconstructed between the location of the sample which failed and the location of the next acceptable sample; or the welding path is retraced to an intermediate location at least ten feet (10’) from the location of the sample which failed the test, and a second (2nd) sample is taken for an additional field test. If this second (2nd) test sample passes, the seam must be then reconstructed between the location of the second (2nd) test and the original sampled location. If the second (2nd) sample fails, this process must be repeated.
(8)All acceptable seams must lie between two (2) locations where samples passed the test procedures found in § 2.2.7(C)(3)(c)((4)) of this Part, and include one (1) test location along the reconstructed seam.
(9)Non-destructive testing of the geomembrane liner must be performed in accordance with § 2.2.7(C)(3)(b) of this Part.
2.2.8Soil Drainage Layers
A.All soil material used in the primary and secondary leachate collection and removal systems of the landfill must conform to the following requirements:
1.Materials Required: Soil materials used to construct a drainage layer must be designed to ensure that the hydraulic leachate head on the primary liner system does not exceed one foot (1’) at the expected flow capacity from the drainage area, except during storm events. The soil drainage layer must be free of any organic material and have less than five percent (5%) of the material by weight pass the No. 200 sieve. Soil material testing must be performed in accordance with § 2.2.8(A)(2)(c) of this Part.
2.Construction Requirements: The soil drainage layer must be constructed and graded in accordance with the requirements of the approved engineering plans, reports, and specifications along with the following requirements:
a.The minimum thickness of the soil drainage layer in the primary leachate collection and removal system must be twenty-four inches (24”) and provide adequate protection to all liner materials and piping placed within the primary leachate collection system, and have a minimum coefficient of permeability of 1 x 10-2 centimeters per second.
b.The minimum thickness of the secondary leachate collection and removal system layer must be twelve inches (12”) and have a minimum coefficient of permeability of 1 x 10-1 centimeters per second.
c.The soil drainage layer must be designed and placed on a minimum slope of two percent (2%) to promote efficient positive drainage to the nearest leachate collection pipe and prevent ponding above the liner.
3.Certification Requirements: The project engineer must include in the construction certification report the results of an analysis of the approved data resulting from quality assurance and quality control testing required in § 2.2.8(A)(3) of this Part. The results of all testing must be included in the construction certification report including any failed test results, descriptions of the procedures used to correct the failed material, and any retesting performed.
a.The project engineer must certify the quality control testing of any soil drainage materials, and ensure that the material meets the requirements of § 2.2.8(A)(1) of this Part and the approved engineering plans, reports, and specifications. A particle size analysis of the soil drainage layer material must be submitted to the project engineer for approval before installation of the soil drainage layer and during installation at a frequency of at least one (1) test for every one thousand five hundred (1,500) cubic yards of material placed.
b.Quality assurance testing performed by the project engineer must ensure that the material is placed in accordance with the requirements of the engineering plans, reports, and specifications.
2.2.9Leachate Collection Pipes
A.Leachate collection pipes that are located in any soil or geosynthetic drainage layer must be hydraulically designed to remove leachate from the landfill, provide conveyance to an appropriately designed and sized storage or treatment facility, and must comply with the following:
B.Materials Required: The leachate collection pipe must have a minimum diameter of four inches (4”) and meet the following:
1.The physical and chemical properties must not be adversely affected by waste placement or leachate generated by the landfill. Documentation must be submitted which demonstrates the chemical compatibility of the leachate collection pipe material or, in absence of the appropriate documentation, chemical compatibility testing must be performed using a method acceptable to the Department.
2.Piping must have adequate structural strength to support the maximum static and dynamic loads and stresses that will be imposed by the overlying material, including the drainage layer, liners, waste material, and any equipment used in constructing and operation of the landfill. Specifications for the proposed leachate collection pipe network must be submitted in the engineering report.
C.Construction Requirement: Leachate collection pipes must be installed in accordance with the requirements of the approved engineering plans, reports, and specifications. The leachate collection pipe size, spacing and slope of at least one percent (1%) must be designed to ensure that the leachate head on the primary liner does not exceed one foot (1’) at the expected flows from the drainage area, except during storm events.
D.Certification Requirements: The project engineer must include in the construction certification report a discussion of all quality assurance and quality control testing to ensure that the material is placed in accordance with requirements of the approved engineering plans, reports, and specifications. The testing procedures and protocols must be acceptable to the Department and submitted in accordance with § 2.1.6 of this Part. The results of all testing must be included in the construction certification report, including documentation of any failed test results, a description of the procedures used to correct the failed material, and any retesting performed.
2.2.10Geosynthetic Drainage Layers
A.Any geosynthetic drainage layers used in the secondary leachate collection and removal system of a landfill must be designed and constructed to have an equivalent hydraulic transmissivity to that of a one foot (1’) sand layer with a minimum coefficient of permeability of 1 x 10-1 centimeters per second, and must comply with the following:
1.Materials Required: The hydraulic conductivity, transmissivity, and chemical and physical resistance of the geosynthetic material must not be adversely affected by waste placement or leachate generated by the landfill. Documentation must be submitted which demonstrates the chemical compatibility of the geosynthetic drainage layer material and the waste to be deposited, or chemical compatibility testing must be performed using a method acceptable to the Department. Documentation must also be submitted to ensure effective liquid removal throughout the active life of the facility, and that the maximum compressive load of the materials to be placed above the geosynthetic drainage layer does not impede transmissivity during the post-closure period.
2.Construction Requirements: The project engineer must ensure that the geosynthetic drainage layers are installed in accordance with the requirements of the approved engineering plans, reports, and specifications, and conform with the following requirements:
a.The geosynthetic drainage layer must be designed and constructed to effectively remove leachate from the landfill's secondary leachate collection and removal system.
b.The geosynthetic drainage layer must be installed in accordance with the procedure set forth in §§ 2.2.7(B)(2) through (6) and 2.2.7(B)(10) of this Part.
3.Certification Requirements: The project engineer must include in the construction certification report a summary of all quality assurance and quality control testing required in § 2.2.10(A)(3) of this Part. The testing procedures and protocols must be acceptable to the Department and submitted in accordance with § 2.1.6 of this Part. The results of all testing must be included in the construction certification report, including documentation of any failed test results, a description of the procedures used to correct the failed material, and any testing performed.
a.The project engineer must certify the quality control testing according to the requirements of § 2.2.7(C)(1) of this Part for any geosynthetic drainage materials. The project engineer must also certify that a hydraulic transmissivity test was performed on the geosynthetic drainage material at the maximum design compressive load on the materials to be used in the geosynthetic drainage layers. The test method must consider the physical properties of all the materials above and below the geosynthetic drainage material being tested.
b.Quality assurance testing as performed by the project engineer must adequately demonstrate that the material is placed in accordance with the requirements of the engineering plans, reports, and specifications.
2.2.11Filter Layer Criteria
A.The filter layer must be designed to prevent the migration of the fine soil particles into a coarser grained material, and allow water or gases to freely enter a drainage medium (pipe or drainage blanket) without clogging.
1.For graded cohesionless soil filters – The granular soil material used as a filter must have not more than five percent (5%) by weight passing the No. 200 sieve and no soil particles larger than three inches (3”) in any dimension.
2.Geosynthetic Filters: Geotextiles filter material must demonstrate that the hydraulic conductivity, and chemical and physical resistance, is not adversely affected by waste placement, any overlying material or leachate generated at the landfill. Geotextile filter openings must be sized in accordance with the following criteria which takes into consideration the soil found in layers located adjacent to the geotextile filter:
a.The d85 is the soil particle size at which eighty-five percent (85%) of the particles are finer, and the d15 is the soil particle size at which fifteen percent (15%) of the particles are finer. The O95 is the apparent opening size of the geotextile at which ninety-five percent (95%) of the soil particles will pass. An apparent opening size test acceptable to the Department must be performed to demonstrate compliance with this criteria.
3.Construction Requirements: Both the soil filters and geotextiles filters must be installed in accordance with the approved engineering plans, reports, and specifications.
4.Certification Requirements: The project engineer must include in the construction certification report the results of all the required quality assurance and quality control testing performed. The testing procedures and protocols must be acceptable to the Department and submitted in accordance with § 2.1.6 of this Part.
2.2.12Final Cover System
A.The final cover must be designed to minimize infiltration of precipitation into the landfill after closure. It must operate with minimum maintenance and promote drainage from its surface while minimizing erosion. It must also be designed so that settling and subsidence are accommodated to minimize the potential for disruption of continuity and function of the final cover.
1.Bedding Layer Criteria: A bedding layer must be located directly below the barrier layer of the final cover system and above the compacted waste layer.
a.Materials required: The bedding layer for the final cover system must be free of organic material and consist of on-site soils or any select fill if approved by the Department. The bedding material must be free of particles greater than three inches (3”) in any dimension.
b.Construction requirements: The bedding layer must be constructed and graded in accordance with the requirements of the approved engineering plans, reports, and specifications. The minimum thickness of the bedding layer must be six inches (6”).
c.Certification requirements: The project engineer must include in the construction certification report the results of all the required quality assurance and quality control testing performed. The testing procedures and protocols must be acceptable to the Department, and submitted in accordance with § 2.1.6 of this Part.
2.Low Permeability Covers
a.Low permeability barrier soil covers: A low permeability barrier soil cover is a layer of low permeability soil constructed to minimize precipitation migration into the landfill.
(1)Materials required: A low permeability barrier soil cover must consist of materials having the same characteristics as those found in § 2.2.6(A)(2) of this Part.
(2)Construction requirements: Low permeability barrier soil covers must be constructed in accordance with the requirements of § 2.2.6(B) of this Part. The low permeability barrier soil cover must be placed on a slope of no less than five percent (5%) to promote positive drainage and at a maximum slope of thirty-three percent (33%) to minimize erosion.
(3)Certification requirements: Certification for the installation of barrier soil covers must be conducted in accordance with the requirements in § 2.1.6 of this Part.
b.Geomembrane covers: A geomembrane may be used as an alternative to the low permeability barrier soil cover as a final cover and must be constructed to preclude precipitation migration into the landfill.
(1)Materials required: The geomembrane material used in a final cover system must have a maximum coefficient of permeability of 1 x 10-12 centimeters per second, chemical, and physical resistance to materials it may come in contact with, and accommodate the expected forces and stresses caused by settlement of waste.
(2)Construction requirements: Geomembrane covers must be constructed in accordance with the same requirements as those found in § 2.2.7 of this Part with the following exceptions: The geomembrane must have a minimum thickness of thirty-six (36) mils. Geomembrane consisting of high density polyethylene (HDPE) shall be at least sixty (60) mils thick. The geomembrane must be placed on a five percent (5%) minimum slope to promote gravity drainage and a thirty-three percent (33%) maximum slope to ensure stability of the capping system.
c.Certification requirements: Certification for the installation of a geomembrane cover must be conducted in accordance with the same conditions found in § 2.2.7(C) of this Part.
3.Drainage Layer Criteria: All soil material used in the drainage layer of the final cover system must conform to the following requirements.
a.Materials required: Soil materials used to construct the drainage layer must be free of any organic material and have less than five percent (5%) of the material by weight pass the No. 200 sieve. Soil material testing must be performed in accordance with § 2.2.8(C) of this Part.
b.Construction requirements: The soil drainage layer must be constructed and graded in accordance with the requirements of the approved engineering plans, report and specifications, along with the following requirements:
(1)The minimum thickness must be twelve inches (12”) and have a minimum coefficient of permeability of 1 x 10-3 centimeters per second.
(2)The soil drainage layer must have a final bottom slope of at least five percent (5%) to allow for settling and subsidence.
(3)To prevent clogging, the soil drainage layer must be overlain by a graded granular or synthetic fabric filter that meets the specifications of §§ 2.2.11(A) through (D) of this Part.
(4)The soil drainage layer must be designed so that discharge flows freely in the lateral direction to minimize head on and flow through the low permeability layer.
c.Certification requirements: The drainage soil layer must be certified in accordance with the same conditions found in §§ 2.2.8(C)(1) and (2) of this Part.
4.Vegetated Top Cover: A vegetated top cover must be designed and constructed to maintain vegetative growth over the landfill.
a.Materials required: The vegetated layer must be suitable to maintain vegetative growth.
b.Construction requirements: The vegetated top cover must be constructed and graded in accordance with the following requirements:
(1)The vegetated top cover must be at least twelve inches (12”) thick.
(2)It must support vegetation that will effectively minimize erosion without need for contingency application of fertilizers, irrigation, or other non-applied materials to ensure viability and persistence. (Fertilizers, water and other materials may be applied during the closure or post-closure period, if necessary, to establish vegetation or to repair damage).
(3)The vegetated top cover must be planted with persistent species that will effectively minimize erosion, and that do not have a root system that will penetrate beyond the vegetative and drainage layer.
(4)The final top slope must be, at a minimum, between three (3%) and five percent (5%) after allowing for settling and subsidence, and at a maximum slope of thirty-three percent (33%). For slopes exceeding five percent (5%), the maximum erosion rate should not exceed two (2) tons/acre/year using the USDA Universal Soil Loss Equation (USLE).
(5)The vegetated top cover must have a surface drainage system capable of conducting run-off across the cap without forming erosion rifts and gullies.
2.2.13Construction Certification Report
A construction certification report must be submitted to the Department within forty-five (45) days after the completion of landfill construction. This report must include, at a minimum, the information prepared in accordance with the application requirements of § 2.1.6 of this Part containing results of all quality assurance and quality control testing required in this section, including documentation of any failed test results, descriptions of procedures used to correct the improperly installed material, and statements of all retesting performed. In addition, the construction certification report must contain as-built drawings noting any deviation from the approved engineering plans and must also contain a comprehensive analysis including, but not limited to, daily reports from the project engineer and a series of color photographs of major project features. The Department will review the submitted material for approval within thirty (30) days after receipt.
2.2.14Equivalent Design
The applicant may propose an equivalent design to the individual components of the primary composite liner required in § 2.2.3(D) of this Part by the submission in the application of documentation substantiating the alternative component's ability to perform in the same manner as the component specified in this section.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-01-03 to 01/04/2022*
- *Amendment — effective from 2018-03-21 to 01/03/2021*
- *Periodic Refile — effective from 2001-12-31 to 03/21/2018*
##### **250-RICR-140-05-2 § 2.3** Solid Waste Landfill Operating Standards {#sec-250-ricr-140-05-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-2#2.3}
2.3.1General
Sanitary landfill facilities shall meet all regulations set forth in this Rule in addition to the General Operating Standards in § 1.7 of this Subchapter and shall also comply with all applicable Federal Rules, Laws, Regulations or other Federal requirements.
2.3.2Working Face
The width of the working face shall be kept as narrow as is consistent with the proper operation of trucks and equipment in order that the area of waste material exposed during the operating day is minimal. No working face shall exceed one hundred fifty feet (150’) in width when measured across the operating surface of the fill. Except where separate areas are designated on the engineering design for specific wastes, no more than one (1) working face shall be in use at any one (1) time.
2.3.3Lift Height
No lift shall exceed twelve feet (12’) in height unless otherwise specified on the approved engineering design for the site.
2.3.4Cover Material
A.Initial Cover: All top surfaces and faces of the working lift shall be covered with six inches (6”) of cover material at least at the end of each working day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter and scavenging. The cover material shall be earthen material, except that alternate materials of a thickness other than six inches (6”), may be approved by the Director, if the SWLF owner or operator demonstrates that the alternate material and thickness control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment.
B.Intermediate Cover: When an additional lift is not to commence within six (6) months, an additional six inch (6”) layer of cover material shall be applied over the six inch (6”) initial cover layer within one (1) week after the disposal of refuse to all top surfaces and faces.
C.Final Cover
1.When no additional lift is to be added for one (1) year, a total thickness of twenty-four inches (24”) of cover material shall be maintained on all surfaces and faces.
2.When the landfill operation is terminated in an area, the area must be closed in accordance with the approved closure plans and must meet the requirements of § 2.2.12 of this Part.
3.The landfill owner or operator must begin closure within thirty (30) days of the final receipt of waste or within one year of the most recent receipt of waste, if there is remaining landfill capacity and there is reasonable likelihood that the landfill will receive additional waste. A request by the landfill owner or operator for extension beyond the one (1) year deadline for beginning closure may be approved by the Director, if the owner or operator demonstrates that the landfill has capacity to receive additional waste and the owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment from the unclosed landfill.
4.The landfill owners or operators must complete closure activities of each SWLF unit, in accordance with the closure plan, within one hundred eighty (180) days of the beginning of closure of the unit. A request by the landfill owner or operator for an extension beyond the one hundred eighty (180) day deadline may be approved by the Director, if the owner or operator demonstrates that closure will, of necessity, take longer than one hundred eighty (180) days and the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed SWLF unit.
5.Following closure of an SWLF unit, the owner or operator shall notify the Director that closure has been completed in accordance with the operating plan and that the notice of this closure has been placed in the landfill's operating record. This notice shall include a certification, signed by an independent registered professional engineer or approved by the Director, verifying that closure has been completed in accordance with the closure plan.
6.Following closure of an SWLF unit, the owner or operator shall record a notation on the deed to the landfill facility property, (or on some other instrument that is normally examined during title search) and notify the Director of this notation action, and that a copy of this notated document has been placed in the landfill's operating record. The notation on the instrument must in perpetuity notify any potential purchaser of the property that:
a.The land has been used as a landfill facility.
b.The land's future use is restricted; any future use shall not disturb the integrity of the final cover, liner(s) or any other components of the containment system or the functioning of the monitoring systems, except if the proposed disturbance is approved by the Director and if the owner or operator demonstrates that such disturbance will not increase the potential threat to human health or the environment.
D.Cover Material Supply: A four (4) day supply of cover material shall be stored upon the landfill property at all times. This supply should be calculated on the basis of one (1) part cover material to four (4) parts of compacted waste (1,000 lbs./yd.3).
E.Maintenance of Cover Material: All applications of cover material shall be maintained by the operator in conformance with the requirements of this section.
F.Permeability of Cover Material: The Director may specify the permeability of cover material used on a site specific basis. The Director may also require the use of an impermeable cover to mitigate water pollution or for other purposes described in these Rules.
G.Vegetation: The operator shall plant and maintain vegetative growth on all completed areas.
2.3.5Water Pollution
A.General
1.No sanitary landfill shall be operated so as to cause or to be likely to cause pollution of the ground waters or surface waters of the State at or beyond the boundary of the licensed area of the sanitary landfill.
2.For purposes of these Rules, groundwater monitoring well results taken pursuant to §§ 2.1.8 and 2.3.11 of this Part shall be deemed to be indicative of results of ground water beyond the property line of the sanitary landfill, in the absence of actual groundwater results at or beyond such property line.
3.In determining whether said operation of a sanitary landfill is causing or is likely to cause pollution of the ground waters or the surface waters of the State, the Director may consider the following factors:
a.Groundwater monitoring results from the licensed area of the sanitary landfill show significant statistical increases in excess of any one (1) or more of the parameters as delineated in § 2.3.26 of this Part.
b.Groundwater monitoring results from the facility show detection of one (1) or more of the parameters as delineated in § 2.3.27 of this Part.
c.Topography, hydrology and geology of the area encompassing the sanitary landfill indicates a likelihood of contamination of a surface water body or groundwater.
d.Groundwater leaving the licensed area is likely to impact private or public drinking wells down gradient from the facility.
e.Groundwater leaving the licensed area is likely to impact groundwater used for commercial or industrial processes down gradient from the facility.
f.Facility violates a groundwater standard.
g.An actual or potential discharge into any surface water.
4.In the event that the Director finds that the operation of a sanitary landfill is causing or is likely to cause pollution of the groundwaters or the surface waters of the State, the Director may evaluate the operation of said sanitary landfill and require such measures as are necessary to abate, eliminate or avoid such pollution, including, but not limited to, the following:
a.Groundwater removal and treatment
b.Contaminated groundwater encapsulation
c.Alternate sources of drinking water to impacted individuals
d.The limiting or exclusion of surface water percolation into refuse filled areas
e.Identification and closure of a particular cell or portion of the facility that is causing the pollution
f.Closure of the facility
B.Surface Water
1.No new sanitary landfill shall be conducted within the watershed of any surface public water supply. Furthermore, no refuse shall be deposited within two hundred feet (200’) of any surface water or within one thousand two hundred feet (1,200’) on any river per R.I. Gen. Laws § 23-18.9-9.1. Other landfill siting prohibitions, relative to surface water shall also apply, per R.I. Gen. Laws § 23-18.9-9.1.
2.New sanitary landfills shall not be located on drainage areas of surface public water supplies.
C.Groundwater
1.No sanitary landfill shall be constructed where solid waste may be in direct contact with groundwaters of the State. A minimum of five feet (5’) of soil is required between the highest water table level and the lowest level of the liner system. At the Director's discretion, a greater separation may be required.
2.Sanitary landfills shall not be located within four hundred feet (400’) of an existing public water supply well. At the Director's discretion, a greater separation may be required.
3.Other landfill siting prohibitions, relative to groundwater issues shall also apply, per R.I. Gen. Laws § 23-18.9-9.1 and per the Prohibitions Section of § 150-05-3.8 of this Title (Groundwater Quality Rules).
D.Groundwater Reservoirs and Recharge Areas
1.As provided in R.I. Gen. Laws § 23-18.9-9.1, no person shall dispose of solid waste on or in the ground overlying groundwater reservoirs or groundwater recharge areas, provided that such groundwater reservoirs or groundwater recharge areas have been designated on the basis of hydrogeologic data as an existing or planned public drinking water source by the municipality in which such reservoir or recharge area is located, and that such municipality has enacted a municipal ordinance relating to groundwater reservoirs or groundwater recharge areas.
2.Where an existing solid waste management landfill overlies such groundwater reservoir or groundwater recharge area designated by the municipality in accordance with § 2.3.5(D)(1) of this Part, the Director is authorized to order cessation of solid waste disposal operations and closure of said landfill under the following conditions:
a.The municipality has, after notice and public hearing and resolution to the Director, requested the Director to determine whether the continued operation of any Solid Waste Management Facility-Landfill on or over any such reservoir or recharge area presents a hazard to the public drinking water source.
b.The Director, after the investigation, notice and hearing to said landfill, determines that such existing Solid Waste Management Facility-Landfill does present a hazard to the public drinking water source.
2.3.6Waste Handling
A.Unloading of Waste: The unloading of solid waste shall be controlled and restricted to an area such that the material can easily be incorporated into the working face.
B.Spreading and Compacting of Waste: Solid waste shall be spread in layers of approximately two feet (2’) in depth and compacted with a minimum of four (4) passes of the compaction equipment.
C.Litter: Windblown refuse shall be eliminated or controlled by using fences or other means. The sanitary landfill shall be kept free of windblown refuse at all times.
D.Handling of Special Waste
1.Bulky waste: Bulky waste shall be disposed of in accordance with the requirements of § 1.7(E) of this Subchapter, at the toe of the working face and incorporated into the working cell, or stored in a separate area of the landfill approved by the Department for the purpose of salvaging these items. Any salvaged material must be stored in closed-top containers for a period approved by the Department.
2.Construction waste and demolition waste: All construction waste and demolition waste shall be disposed of by covering along with daily refuse.
3.Brush: Any brush accepted at a sanitary landfill must be stored at a minimum distance of two hundred feet (200’) from the working face, or buried. All brush not buried must be chipped within one (1) week after arrival. Chipped brush may be stored indefinitely in this area.
4.Non-hazardous liquid waste
a.Non-hazardous liquid waste shall be disposed of in a sanitary landfill only if special provisions are made for such disposal and are approved by the Department.
b.Any non-hazardous liquid waste accepted for disposal shall be covered immediately after it is dumped at any sanitary landfill. No uncovered pools of these materials will be allowed at any time.
c.Bulk or non-containerized liquid waste cannot be landfilled unless:
(1)The waste is household waste other than septic waste; or
(2)The waste is leachate or gas condensate (liquid from gas recover processes) derived from the SWLF unit and the SWLF unit, regardless of whether it is a new or existing SWLF unit or a lateral expansion of an SWLF unit, is designed with at least a double composite liner and leachate collection system. (These design details must be demonstrated in the landfill's operating record and the Director must be notified that these design details have been placed in the operating record).
d.Containerized liquid waste may not be placed in solid waste landfills, unless:
(1)The waste is household waste; or
(2)The container is small and similar in size to that normally used for containing household waste.
5.Oil spill cleanup debris: Oil spill cleanup debris shall be disposed of only in a sanitary landfill constructed with a liner system per § 2.2 of this Part, or in an alternate facility approved by the Department.
6.Asbestos disposal
a.Friable asbestos material shall not be disposed in a sanitary landfill unless the operator of the sanitary landfill has received specific approval from the Director to accept such material. This approval shall be granted based on, but not necessarily limited to, the amount of refuse accepted at the landfill, the equipment and personnel available, and the need for asbestos disposal facilities. This approval may be revoked by the Director at any time.
b.Friable asbestos material must be treated with water and labeled or processed into a non-friable form according to 40 C.F.R. § 61.150(a)(1) (2017), incorporated in § 1.3(A) of this Subchapter.
c.Asbestos material accepted at a sanitary landfill shall be placed at the bottom of the working face and immediately covered with either a minimum of two feet (2’) of refuse or a minimum of six inches (6”) of clean fill.
d.There shall be no visible emissions of asbestos material from any sanitary landfill which has accepted asbestos material.
e.Landfilling of friable asbestos material must comply with all applicable requirements of the National Emission Standards for Hazardous Air Pollutants Asbestos Regulations, 40 C.F.R. Part 61, Subpart M (2017), incorporated in § 1.3(A) of this Subchapter.
E.SWLF unit owners or operators must implement a program at the facility for detecting and preventing the disposal of regulated hazardous wastes and polychlorinated biphenyls (PCB) wastes. This program must, include, at minimum:
1.Random inspections of incoming loads, unless the SWLF owner or operator takes other steps to ensure that incoming loads do not contain regulated hazardous wastes or PCB wastes
2.Records of any inspections of incoming loads
3.Training of facility personnel to recognize regulated hazardous wastes and PCB wastes
4.Notification of the Director if a regulated hazardous waste or PCB waste is discovered at the facility
2.3.7Equipment Requirements
A.General Requirements: All equipment used shall meet the performance specifications necessary for operating the sanitary landfill in accordance with the operating requirements contained in these Regulations.
B.Required Equipment for Refuse and Cover Material Handling: There shall be sufficient types and quantities of equipment for digging, spreading, compacting, or covering waste or applying cover material to adequately meet the requirements of these Regulations.
C.Each piece of equipment must have a minimum basic weight without blade, bucket or other accessories of seventeen thousand (17,000) pounds.
D.Equipment breakdown: Arrangements in writing for emergency equipment shall be made to allow for operating equipment breakdown. Emergency equipment shall be on the site with twenty-four (24) hours of operating equipment breakdown.
2.3.8Gas Control
A.The concentration of methane gas generated by the facility does not exceed twenty-five percent (25%) of the lower explosive limit for methane in facility structures (excluding gas control or recovery system components).
B.The concentration of methane gas does not exceed twenty-five percent (25%) of the lower explosive limit for methane at the facility property boundary.
C.Sanitary landfills must implement a routine methane monitoring program to ensure compliance with §§ 2.3.8(A) and (B) of this Part.
1.The type and frequency of monitoring must be determined based on the following factors:
a.Soil conditions
b.The hydrogeologic conditions surrounding the facility
c.The hydraulic conditions surrounding the facility
d.The location of facility structures and property boundaries
2.The minimum frequency of monitoring shall be quarterly.
D.If methane gas levels exceeding the limits specified in §§ 2.3.8(A) and (B) of this Part are detected, the facility must:
1.Immediately take all necessary steps to ensure protection of human health and notify the Department.
2.Within seven (7) days of detection, place in the operating plan the methane gas levels detected and a description of the steps taken to protect human health.
3.Within sixty (60) days of detection, implement a remediation plan for the methane gas releases, place a copy of the plan in the operating plan, and notify the Department that the plan has been implemented. The plan shall describe the nature and extent of the problem and the proposed remedy.
E.For purposes of this section, lower explosive limit means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at twenty-five degrees Celsius (25° C) and atmospheric pressure.
2.3.9Fire Protection
A.A facility shall not pose a hazard to the safety of persons or property from fires. In addition, the following requirements must be met:
1.All sanitary landfills shall arrange in writing for a nearby fire department to provide emergency service whenever called.
2.There shall be within one thousand feet (1,000’) of the working face, either an adequate supply of water under pressure or a stockpile of the equivalent of four (4) days cover material for use exclusively in fighting fires.
3.All landfill equipment (dozer, front end loaders and landfill compactors) shall be supplied with fire extinguishers.
2.3.10Surface Drainage
The operator shall make provisions to have the sanitary landfill site, including the fill surface, graded and provided with a drainage system to minimize surface water runoff onto and into the fill, to prevent erosion of the fill, to drain off rain water falling on the fill, and to prevent the collection of standing water. The surface drainage system must be designed to control the water volume from a twenty-four (24) hour, twenty-five (25) year storm. Measures must be taken to prevent sedimentation associated with surface drainage from borrow areas and other disturbed areas. The minimum top surface slopes shall be three percent (3%). The maximum side slopes shall be no steeper than 3/1.
2.3.11Monitoring Wells
A.Sanitary landfills shall install monitoring wells at locations approved by the Department based on the hydrogeological report and water quality monitoring plan submitted per § 2.1.8 of this Part for the purpose of monitoring groundwater conditions. The operator shall arrange for the sampling and analysis for constituents designated by the Director on a schedule as determined by the Director. The operator shall notify the Director at least forty-eight (48) hours prior to sampling groundwater monitoring wells. The Director may, at his discretion, sample such groundwater monitoring wells pursuant to § 2.1.8 of this Part.
B.New sanitary landfills shall conduct preliminary sampling and analysis for constituents designated by the Director prior to commencing operation of the facility, and pursuant to § 2.1.8 of this Part.
2.3.12Distance to Property Lines
No refuse shall be disposed of within six hundred feet (600’) of any property line. No excavations shall occur within six hundred feet (600’) of any property line. The Director may, at his discretion, require a greater distance in order to meet the operational requirements of §§ 2.2 and 2.3 of this Part. 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.
2.3.13Limited Access
Dumping of any solid waste at a sanitary landfill after one half (1/2) hour past sunset will not be allowed.
2.3.14Flood Plain, Wetlands, and Coastal Restrictions
A.No refuse shall be deposited in the one hundred (100) year flood plain.
B.New SWLF units and lateral expansions of SWLF units shall not be located in wetlands (as defined in 40 C.F.R. § 232.2(r) (2017), incorporated in § 1.3(A) of this Subchapter and in Part 150-15-1 of this Title, Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act), or constructed in a manner that will alter wetlands, except if a permit to alter a freshwater wetlands is received from the Office of Water Resources and, when required, by the Coastal Resources Management Council:
1.Where applicable under the Clean Water Act, 33 U.S.C. § 1344, or applicable State wetlands laws, the presumption that practicable alternative to the proposed landfill is available which does not involve wetlands is clearly rebutted;
2.The construction and operation of the SWLF unit will not:
a.Cause or contribute to violations of any applicable State water quality standard.
b.Violate any applicable toxic effluent standard or prohibition under the Clean Water Act, 33 U.S.C. § 1317,
c.Jeopardize the continued existence of endangered or threatened species or result in destruction or adverse modification of a critical habitat, protected under 16 U.S.C. § 1531 et seq. (1973), the Endangered Species Act, and
d.Violate any requirement under 16 U.S.C. § 1431 et seq. and 33 U.S.C. § 1401 et seq. (1988), Marine Protection, Research, and Sanctuaries Act, for the protection of a marine sanctuary.
3.The SWLF unit will not cause or contribute to significant degradation of wetlands. The owner or operator must demonstrate the integrity of the SWLF unit and its ability to protect ecological resources by addressing the following factors:
a.Erosion, stability, and migration potential of native wetland soils, muds, and deposits used to support the SWLF unit,
b.Erosion, stability, and migration potential of dredged and fill materials used to support the SWLF unit,
c.The volume and chemical nature of the waste managed in the SWLF unit,
d.Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste or operation of the SWLF unit,
e.The potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment, and
f.Any additional factors as necessary, to demonstrate that ecological resources in the wetlands are sufficiently protected.
4.To the extent required under 33 U.S.C. § 1344, or applicable State wetlands laws, steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by § 2.3.14(B)(1) of this Part, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g. restoration of existing degraded wetlands or creation of man-made wetlands), and
5.Sufficient information is available to make a reasonable determination with respect to these demonstrations.
C.Coastal prohibitions, per R.I. Gen. Laws § 23-18.9-9.1, shall also apply to the siting of sanitary landfills.
2.3.15Deed Restrictions/Conservation Easement
A.Prior to any waste disposal, the operator shall insure that notations are properly made upon the deed for the disposal site land. The notation shall be amended as frequently as necessary to ensure that all sites are properly documented. No license renewal shall be granted until the operator demonstrates that such notation has been made and/or updated. Such notation shall include:
1.Type of waste disposed of at the site;
2.The exact location of such waste shown on a map with a legend;
3.Notice that excavation of previously filled areas shall not be conducted without prior written approval from the Department.
2.3.16Height Monitoring
An annual survey of the landfill height shall be taken by a properly licensed Rhode Island land surveyor or professional engineer. This survey shall be submitted to the Department within thirty (30) days after the survey. Once the facility is within eighty percent (80%) of its proposed final site elevation, the Department may require more frequent surveys as necessary to ensure such elevation is not exceeded.
2.3.17Excavation
No person shall excavate previously filled areas without prior written approval from the Director.
2.3.18Resource Recovery and Solid Waste Incinerator Ash Residue Monofills
A.Landfills used solely for the disposal of solid waste resulting from Resource Recovery and Incineration operations are subject to all requirements of these Regulations.
B.Each application for a license to construct and operate an ash residue landfill must meet all requirements set forth in § 1.6 of this Subchapter and § 2.1 of this Part.
C.All ash residue monofills are subject to all operating and design Regulations set forth in § 1.7 of this Subchapter, §§ 2.2 and 2.3 of this Part with the exception of the gas venting requirements specified in § 2.3.8 of this Part.
2.3.19Airport Safety
Owners or operators of new SWLF units, existing SWLF units and their lateral expansions that are located within ten thousand feet (10,000’) (three thousand forty-eight meters (3,048 m)) of any airport runway end used by turbojet aircraft or within five thousand feet (5,000’) (one thousand five hundred twenty-four meters (1524 m)) of any airport runway end used by only piston type aircraft shall demonstrate that their landfills are designed and operated so that the landfills do not pose a bird hazard to aircraft. Each owner or operator shall document demonstration of this design and operation in its operating record and shall notify the Director of this documenting action.
2.3.20Fault Areas
A.New SWLF units and lateral expansions of SWLF units shall not be located within two hundred feet (200’) (sixty meters (60 m)) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the Director that an alternative setback distance of less than two hundred feet (200’) (sixty meters (60 m)) will prevent damage to the structural integrity of the SWLF unit and will be protective of human health and the environment where:
1."Fault" means a fracture or a zone of fractures in any material along which strata on one (1) side have been displaced with respect to that on the other side.
2."Displacement" means the relative movement of any two (2) sides of a fault measured in any direction.
3."Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.
2.3.21Seismic Impact Zones
A.New SWLF units and lateral expansions of SWLF units shall not be located in seismic impact zones, unless the owner or operator demonstrates to the Director that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. The owner or operator shall place this demonstration in the operating record and notify the Director that it has been placed in the operating record, and where:
1."Seismic impact zone" means an area with a ten percent (10%) or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull will exceed one tenth (0.10) g in two hundred fifty (250) years.
2."Maximum horizontal acceleration in lithified earth material" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a ninety percent (90%) or greater probability that this acceleration will not be exceeded in two hundred fifty (250) years or it means the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.
3."Lithified earth material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface.
2.3.22Unstable Areas
A.Owners or operators of new SWLF units, existing SWLF units, and lateral expansions of SWLF units located in unstable areas must demonstrate that engineering measures have been incorporated into the SWLF unit's design to ensure that the integrity of the structural components of the SWLF unit will not be disrupted. The owner or operator must place this demonstration in the operating record and notify the Director that it has been placed in the operating record.
1."Unstable area" means a location that is susceptible to natural or human induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst Terranes.
2."Structural components" means liners, leachate collection systems, final covers, run-on/run-off systems and any other component used in the construction and operation of the SWLF that is necessary for protection of human health and the environment.
3."Poor foundation conditions" means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of an SWLF unit.
4."Areas susceptible to mass movement" means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the SWLF unit, because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and floods, solifluction, block sliding, and rock fall.
5."Karst terranes" means areas where Karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in Karst Terranes include but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys.
B.The owner or operator shall consider the following factors, at a minimum, when determining whether an area is unstable:
1.On-site or local soil conditions that may result in significant differential settling;
2.On-site or local geologic or geomorphologic features; and
3.On-site or local human-made features or events (both surface and subsurface).
2.3.23Closure of Existing Solid Waste Landfill Units in Unstable Areas
A.Any existing SWLF unit that is sited in an unstable area shall close or may continue to operate based on the following criteria:
1.It shall be allowed to continue to operate, provided it can demonstrate to the Director that engineering measures have been incorporated in its design to ensure the structural components of the landfill will not be disrupted.
2.3.24Post-Closure Care
Post-closure care shall be carried out in accordance with the requirements of §§ 2.1.9(B) and (C) of this Part. Following completion of the post-closure period, the landfill owner or operator shall submit to the Department a copy of a certification signed by an independent registered professional engineer or approved by the Director, verifying that post-closure care has been completed in accordance with the post-closure plan and that this certification has been placed in the landfill's operating record.
2.3.25Record Keeping Requirements for SWLF Units
A.The landfill owner or operator must record and retain near the facility in an operating record or in an alternate location approved by the Director, the following information as it becomes available:
1.Any location restriction documentation required, per § 2.3 of this Part and its subsections.
2.Waste inspections records, training procedures, and notification procedures required in § 2.3.6(E) of this Part.
3.Gas monitoring results and any remediation plans required by § 2.3.8 of this Part.
4.Any SWLF unit design documentation for placement of leachate or gas condensate in the landfill, per § 2.3.6(D)(4) of this Part.
5.Any groundwater demonstration, certification, finding, monitoring, testing, or analytical data required by § 2.1.8 of this Part and its subsections.
6.Closure and post-closure care plans and any monitoring, testing or analytical data required by §§ 2.1.9 and 2.3.4(C) of this Part.
7.Any cost estimate and financial assurance documentation required by §§ 2.1.9(E), (F), and 2.3.26(D) of this Part.
B.The landfill owner or operator must notify the Director when the documents from § 2.3.25(A) of this Part have been placed or added to the landfill's operating record, and all information contained in the operating record must be furnished upon request to the Director or be made available at all reasonable times for inspection by the Director.
C.The landfill owner or operator shall retain all records required in § 2.3.25 of this Part for the life of the facility, to include the closure and post-closure care periods.
D.Per R.I. Gen. Laws § 23-18.9-12, any private landfill operator shall keep a written record of the vehicles which unload cargo at the landfill. The record shall contain the date and time of unloading of the cargo, a description of the cargo, as well as the vehicle registration. The landfill operator shall, upon request, make the written record available for inspection by the Department.
2.3.26Constituents for Detection Monitoring
Common name
CAS RN?
Chemical Abstract Service registry number
Common names are those widely used in government Regulations, scientific publications, and commerce; synonyms exist for many chemicals).
Where “(Total)” is entered, all species in the ground water that contain this element are included.
Inorganic Constituents:
(1) Antimony
(Total)
(2) Arsenic
(Total)
(3) Barium
(Total)
(4) Beryllium
(Total)
(5) Cadmium
(Total)
(6) Chromium
(Total)
(7) Cobalt
(Total)
(8) Copper
(Total)
(9) Lead
(Total)
(10) Nickel
(Total)
(11) Selenium
(Total)
(12) Silver
(Total)
(13) Thallium
(Total)
(14) Vanadium
(Total)
(15) Zinc
(Total)
Organic Constituents:
(16) Acetone
67-64-1
(17) Acrylonitrile
107-13-1
(18) Benzene
71-43-2
(19) Bromochloromethane
74-97-5
(20) Bromodichloromethane
75-27-4
(21) Bromoform; Tribromomethane
75-25-2
(22) Carbon disulfide
75-15-0
(23) Carbon tetrachloride
56-23-5
(24) Chlorobenzene
108-90-7
(25) Chloroethane; Ethyl chloride
75-00-3
(26) Chloroform; Trichloromethane
67-66-3
(27) Dibromochloromethane; Chlorodibromomethane
124-48-1
(28) 1,2-Dibromo-3-chloropropane; DBCP
96-12-8
(29) 1,2-Dibromoethane; Ethylene dibromide; EDB
106-93-4
(30) o-Dichlorobenzene; 1,2-Dichlorobenzene
95-50-1
(31) p-Dichlorobenzene; 1,4-Dichlorobenzene
106-46-7
(32) trans-1, 4-Dichloro-2-butene
110-57-6
(33) 1,1-Dichlorethane; Ethylidene chloride
75-34-3
(34) 1,2-Dichlorethane; Ethylene dichloride
107-06-2
(35) 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride
75-35-4
(36) cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene
156-59-2
(37) trans-1, 2-Dichloroethylene; trans-1,2-Dichloroethene
156-60-5
(38) 1,2-Dichloropropane; Propylene dichloride
78-87-5
(39) cis-1,3-Dichloropropene
10061-01-5
(40) trans-1,3-Dichloropropene
10061-02-6
(41) Ethylbenzene
100-41-4
(42) 2-Hexanone; Methyl butyl ketone
591-78-6
(43) Methyl bromide; Bromomethane
74-83-9
(44) Methyl chloride; Chloromethane
74-87-3
(45) Methylene bromide; Dibromomethane
74-95-3
(46) Methylene chloride; Dichloromethane
75-09-2
(47) Methyl ethyl ketone; MEK; 2-Butanone
78-93-3
(48) Methyl iodide; Idomethane
74-88-4
(49) 4-Methyl-2-pentanone; Methyl isobutyl ketone
108-10-1
(50) Styrene
100-42-5
(51) 1,1,1,2-Tetrachloroethane
630-20-6
(52) 1,1,2,2-Tetrachloroethane
79-34-5
(53) Tetrachloroethylene; Tetrachloroethene; Perchloroethylene
127-18-4
(54) Toluene
108-88-3
(55) 1,1,1-Trichloroethane; Methylchloroform
71-55-6
(56) 1,1,2-Trichloroethane
79-00-5
(57) Trichloroethylene; Trichloroethene
79-01-6
(58) Trichlorofluoromethane; CFC-11
75-69-4
(59) 1,2,3-Trichloropropane
96-18-4
(60) Vinyl acetate
108-05-4
(61) Vinyl chloride
75-01-4
(62) Xylenes
1330-20-7
2.3.27List of Hazardous Inorganic and Organic Constituents
Common name (those widely used in government Regulations, scientific publications, and commerce; synonyms exist for many chemicals)
CAS RN
Chemical Abstracts Service Registry Number
Chemical abstracts service index name (those used in the 9th Cumulative Index)
Where “(Total)” is entered for CAS RN, all species in the ground water that contain this element are included.
Acenaphthene
83-32-9
Acenaphthylene, 1,2-dihydro-
Acenaphthylene
208-96-8
Acenaphthylene
Acetone
67-64-1
2-Propanone
Acetonitrile; Methyl cyanide
75-05-8
Acetonitrile
Acetophenone
98-86-2
Ethanone, 1-phenyl-
2-Acetylaminofluorene; 2-AAF
53-96-3
Acetamide, N-9H-fluoren-2-yl-
Acrolein
107-02-8
2-Propenal
Acrylonitrile
107-13-1
2-Propenenitrile
Aldrin
309-00-2
1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-(1,4,4a,5,8,8a)-
Allyl chloride
107-05-1
1-Propene, 3-chloro-
4-Aminobiphenyl
92-67-1
[1,1'-Biphenyl]-4-amine
Anthracene
120-12-7
Anthracene
Antimony
(Total)
Antimony
Arsenic
(Total)
Arsenic
Barium
(Total)
Barium
Benzene
71-43-2
Benzene
Benzo[a]anthracene; Benzanthracene
56-55-3
Benz[a]anthracene
Benzo[b]fluoranthene
205-99-2
Benz[e]acephenanthrylene
Benzo[k]fluoranthene
207-08-9
Benzo[k]fluoranthene
Benzo[ghi]perylene
191-24-2
Benzo[ghi]perylene
Benzo[a]pyrene
50-32-8
Benzo[a]pyrene
Benzyl alcohol
100-51-6
Benzenemethanol
Beryllium
(Total)
Beryllium
alpha-BHC
319-84-6
Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1a,2a,3ß,4a,5ß,6ß)-
beta-BHC
319-85-7
Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1a,2ß,3a,4ß,5a,6ß)-
delta-BHC
319-86-8
Cyclohexane, 1,2,3,4,5,6-hexachloro-,(1a,2a,3a,4ß,5a,6ß)-
gamma-BHC; Lindane
58-89-9
Cyclohexane, 1,2,3,4,5,6- hexachloro-,(1a,2a, 3ß, 4a,5a,6ß)-
Bis(2-chloroethoxy)methane
111-91-1
Ethane, 1,1'-[methylenebis (oxy)]bis[2-chloro-
Bis(2-chloroethyl)ether; Dichloroethyl ether
111-44-4
Ethane, 1,1'-(oxy) bis[2-chloro-
Bis(2-chloro-1-methylethyl) ether; 2,2'-Dichlorodiisopropyl ether; DCIP
This substance is often called bis(2-chloroisopropyl) ether, the name Chemical Abstracts Service applies to its noncommercial isomer, propane, 2,2?-oxybis[2-chloro-(CAS RN 39638-32-9).
108-60-1
Propane, 2,2'-(oxy) bis[1-chloro-
Bis(2-ethylhexyl)phthalate
117-81-7
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)ester
Bromochloromethane; Chlorobromethane
74-97-5
Methane, bromochloro-
Bromodichloromethane; Dibromochloromethane
75-27-4
Methane, bromodichloro-
Bromoform; Tribromomethane
75-25-2
Methane, tribromo-
4-Bromophenyl phenyl ether
101-55-3
Benzene, 1-bromo-4-phenoxy-
Butyl benzyl phthalate; Benzyl butyl phthalate
85-68-7
1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester
Cadmium
(Total)
Cadmium
Carbon disulfide
75-15-0
Carbon disulfide
Carbon tetrachloride
56-23-5
Methane, tetrachloro-
Chlordane
This entry includes alpha-chlordane (CAS RN 5103-71-9), beta-chlordane (CAS RN 5103-74-2), gamma-chlordane (CAS RN 5566-34-7), and constituents of chlordane (CAS RN 57-74-9 and CAS RN 12789-03-6).
5103-71-9 see adjacent note
4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-
p-Chloroaniline
106-47-8
Benzenamine, 4-chloro-
Chlorobenzene
108-90-7
Benzene, chloro-
Chlorobenzilate
510-15-6
Benzeneacetic acid, 4-chloro--(4-chlorophenyl)- -hydroxy-, ethyl ester
p-Chloro-m-cresol; 4-Chloro-3-methylphenol
59-50-7
Phenol, 4-chloro-3-methyl-
Chloroethane; Ethyl chloride
75-00-3
Ethane, chloro-
Chloroform; Trichloromethane
67-66-3
Methane, trichloro-
2-Chloronaphthalene
91-58-7
Naphthalene, 2-chloro-
2-Chlorophenol
95-57-8
Phenol, 2-chloro-
4-Chlorophenyl phenyl ether
7005-72-3
Benzene, 1-chloro-4-phenoxy-
Chloroprene
126-99-8
1,3-Butadiene, 2-chloro-
Chromium
(Total)
Chromium
Chrysene
218-01-9
Chrysene
Cobalt
(Total)
Cobalt
Copper
(Total)
Copper
m-Cresol; 3-Methylphenol
108-39-4
Phenol, 3-methyl-
o-Cresol; 2-Methylphenol
95-48-7
Phenol, 2-methyl-
p-Cresol; 4-Methylphenol
106-44-5
Phenol, 4-methyl-
Cyanide
57-12-5
Cyanide
2,4-D; 2,4-Dichlorophenoxyacetic acid
94-75-7
Acetic acid, (2,4-dichlorophenoxy)-
4,4'-DDD
72-54-8
Benzene 1,1'-(2,2-dichloroethylidene) bis[4-chloro-
4,4'-DDE
72-55-9
Benzene, 1,1'-(dichloroethenylidene) bis[4-chloro-
4,4'-DDT
50-29-3
Benzene, 1,1'-(2,2,2-trichloroethylidene) bis[4-chloro-
Diallate
2303-16-4
Carbamothioic acid, bis(1-methylethyl)-, S- (2,3-dichloro-2-propenyl) ester.
Dibenz[a,h]anthracene
53-70-3
Dibenz[a,h]anthracene
Dibenzofuran
132-64-9
Dibenzofuran
Dibromochloromethane; Chlorodibromomethane
124-48-1
Methane, dibromochloro-
1,2-Dibromo-3-chloropropane; DBCP
96-12-8
Propane, 1,2-dibromo-3-chloro-
1,2-Dibromoethane; Ethylene dibromide; EDB
106-93-4
Ethane, 1,2-dibromo-
Di-n-butyl phthalate
84-74-2
1,2-Benzenedicarboxylic acid, dibutyl ester
o-Dichlorobenzene; 1,2-Dichlorobenzene
95-50-1
Benzene, 1,2-dichloro-
m-Dichlorobenzene; 1,3-Dichlorobenzene
541-73-1
Benzene, 1,3-dichloro-
p-Dichlorobenzene; 1,4-Dichlorobenzene
106-46-7
Benzene, 1,4-dichloro-
3,3'-Dichlorobenzidine
91-94-1
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-
trans-1,4-Dichloro-2-butene
110-57-6
2-Butene, 1,4-dichloro-, (E)-
Dichlorodifluoromethane; CFC 12
75-71-8
Methane, dichlorodifluoro-
1,1-Dichloroethane; Ethyldidene chloride
75-34-3
Ethane, 1,1-dichloro-
1,2-Dichloroethane; Ethylene dichloride
107-06-2
Ethane, 1,2-dichloro-
1,1-Dichloroethylene; 1,1-Dichloroethene
75-35-4
Ethene, 1,1-dichloro-
Vinylidene chloride cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene
156-59-2
Ethene, 1,2-dichloro-(Z)-
trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene
156-60-5
Ethene, 1,2-dichloro-, (E)-
2,4-Dichlorophenol
120-83-2
Phenol, 2,4-dichloro-
2,6-Dichlorophenol
87-65-0
Phenol, 2,6-dichloro-
1,2-Dichloropropane
78-87-5
Propane, 1,2-dichloro-
1,3-Dichloropropane; Trimethylene dichloride
142-28-9
Propane, 1,3-dichloro-
2,2-Dichloropropane; Isopropylidene chloride
594-20-7
Propane, 2,2-dichloro-
1,1-Dichloropropene
563-58-6
1-Propene, 1,1-dichloro-
cis-1,3-Dichloropropene
10061-01-5
1-Propene, 1,3-dichloro-, (Z)-
trans-1,3-Dichloropropene
10061-02-6
1-Propene, 1,3-dichloro-, (E)-
Dieldrin
60-57-1
2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aa,2ß,2aa,3ß,6ß,6aa,7ß,7aa)-
Diethyl phthalate
84-66-2
1,2-Benzenedicarboxylic acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl phosphorothioate; Thionazin
297-97-2
Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester
Dimethoate
60-51-5
Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester
p-(Dimethylamino)azobenzene
60-11-7
Benzenamine, N,N-dimethyl-4-(phenylazo)-
7,12-Dimethylbenz[a]anthracene
57-97-6
Benz[a]anthracene, 7,12-dimethyl-
3,3'-Dimethylbenzidine
119-93-7
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-
alpha, alpha-Dimethylphenethylamine
122-09-8
Benzeneethanamine, a,a-dimethyl-
2,4-Dimethylphenol; m-Xylenol
105-67-9
Phenol, 2,4-dimethyl-
Dimethyl phthalate
131-11-3
1,2-Benzenedicarboxylic acid, dimethyl ester
m-Dinitrobenzene
99-65-0
Benzene, 1,3-dinitro-
4,6-Dinitro-o-cresol; 4,6-Dinitro-2-methylphenol
534-52-1
Phenol, 2-methyl-4,6-dinitro-
2,4-Dinitrophenol
51-28-5
Phenol, 2,4-dinitro-
2,4-Dinitrotoluene
121-14-2
Benzene, 1-methyl-2,4-dinitro-
2,6-Dinitrotoluene
606-20-2
Benzene, 2-methyl-1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl-4,6-dinitrophenol
88-85-7
Phenol, 2-(1-methylpropyl)-4,6-dinitro-
Di-n-octyl phthalate
117-84-0
1,2-Benzenedicarboxylic acid, dioctyl ester
Diphenylamine
122-39-4
Benzenamine, N-phenyl-
Disulfoton
298-04-4
Phosphorodithioic acid, O,O-diethyl S-[2- (ethylthio)ethyl] ester
Endosulfan I
959-98-8
6,9-Methano-2,4,3-benzodiox-athiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide
Endosulfan II
33213-65-9
6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3-oxide, (3a,5aa,6ß,9ß, 9aa)-
Endosulfan sulfate
1031-07-8
6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3,3-dioxide
Endrin
72-20-8
2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aa, 2ß,2aß, 3a,6a,6aß,7ß,7aa)-
Endrin aldehyde
7421-93-4
1,2,4-Methenocyclo-penta[cd]pentalene-5-carboxaldehyde,2,2a,3,3,4,7-hexachlorodecahydro- (1a,2ß,2aß,4ß,4aß,5ß,6aß,6bß,7R*)-
Ethylbenzene
100-41-4
Benzene, ethyl-
Ethyl methacrylate
97-63-2
2-Propenoic acid, 2-methyl-, ethyl ester
Ethyl methanesulfonate
62-50-0
Methanesulfonic acid, ethyl ester
Famphur
52-85-7
Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl]-O,O-dimethyl ester
Fluoranthene
206-44-0
Fluoranthene
Fluorene
86-73-7
9H-Fluorene
Heptachlor
76-44-8
4,7-Methano-1H-indene,1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-
Heptachlor epoxide
1024-57-3
2,5-Methano-2H-indeno[1,2-b]oxirene,2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,6,6a,-hexahydro-,(1aa,1bß,2a,5a,5aß,6ß,6aa)
Hexachlorobenzene
118-74-1
Benzene, hexachloro-
Hexachlorobutadiene
87-68-3
1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
Hexachlorocyclopentadiene
77-47-4
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
Hexachloroethane
67-72-1
Ethane, hexachloro-
Hexachloropropene
1888-71-7
1-Propene, 1,1,2,3,3,3-hexachloro-
2-Hexanone; Methyl butyl ketone
591-78-6
2-Hexanone
Indeno(1,2,3-cd)pyrene
193-39-5
Indeno[1,2,3-cd]pyrene
Isobutyl alcohol
78-83-1
1-Propanol, 2-methyl-
Isodrin
465-73-6
1,4,5,8-Dimethanonaphthalene,1,2,3,4,1 0,10-hexachloro-1,4,4a,5,8,8a hexahydro-(1a, 4a, 4aß,5ß,8ß,8aß)-
Isophorone
78-59-1
2-Cyclohexen-1-one, 3,5,5-trimethyl-
Isosafrole
120-58-1
1,3-Benzodioxole, 5-(1-propenyl)-
Kepone
143-50-0
1,3,4-Metheno-2H-cyclobuta-[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-
Lead
(Total)
Lead
Mercury
(Total)
Mercury
Methacrylonitrile
126-98-7
2-Propenenitrile, 2-methyl-
Methapyrilene
91-80-5
1,2,Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-
Methoxychlor
72-43-5
Benzene, 1,1'-(2,2,2,trichloroethylidene)bis[4-methoxy-
Methyl bromide; Bromomethane
74-83-9
Methane, bromo-
Methyl chloride; Chloromethane
74-87-3
Methane, chloro-
3-Methylcholanthrene
56-49-5
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-
Methyl ethyl ketone; MEK; 2-Butanone
78-93-3
2-Butanone
Methyl iodide; Iodomethane
74-88-4
Methane, iodo-
Methyl methacrylate
80-62-6
2-Propenoic acid, 2-methyl-, methyl ester
Methyl methanesulfonate
66-27-3
Methanesulfonic acid, methyl ester
2-Methylnaphthalene
91-57-6
Naphthalene, 2-methyl-
Methyl parathion; Parathion methyl
298-00-0
Phosphorothioic acid, O,O-dimethyl
4-Methyl-2-pentanone; Methyl isobutyl ketone
108-10-1
2-Pentanone, 4-methyl-
Methylene bromide; Dibromomethane
74-95-3
Methane, dibromo-
Methylene chloride; Dichloromethane
75-09-2
Methane, dichloro-
Naphthalene
91-20-3
Naphthalene
1,4-Naphthoquinone
130-15-4
1,4-Naphthalenedione
1-Naphthylamine
134-32-7
1-Naphthalenamine
2-Naphthylamine
91-59-8
2-Naphthalenamine
Nickel
(Total)
Nickel
o-Nitroaniline; 2-Nitroaniline
88-74-4
Benzenamine, 2-nitro-
m-Nitroaniline; 3-Nitroaniline
99-09-2
Benzenamine, 3-nitro-
p-Nitroaniline; 4-Nitroaniline
100-01-6
Benzenamine, 4-nitro-
Nitrobenzene
98-95-3
Benzene, nitro-
o-Nitrophenol; 2-Nitrophenol
88-75-5
Phenol, 2-nitro-
p-Nitrophenol; 4-Nitrophenol
100-02-7
Phenol, 4-nitro-
N-Nitrosodi-n-butylamine
924-16-3
1-Butanamine, N-butyl-N-nitroso-
N-Nitrosodiethylamine
55-18-5
Ethanamine, N-ethyl-N-nitroso-
N-Nitrosodimethylamine
62-75-9
Methanamine, N-methyl-N-nitroso-
N-Nitrosodiphenylamine
86-30-6
Benzenamine, N-nitroso-N-phenyl-
N-Nitrosodipropylamine; N-Nitroso-N-dipropylamine; Di-n-propylnitrosamine
621-64-7
1-Propanamine, N-nitroso-N-propyl-
N-Nitrosomethylethalamine
10595-95-6
Ethanamine, N-methyl-N-nitroso-
N-Nitrosopiperidine
100-75-4
Piperidine, 1-nitroso-
N-Nitrosopyrrolidine
930-55-2
Pyrrolidine, 1-nitroso-
5-Nitro-o-toluidine
99-55-8
Benzenamine, 2-methyl-5-nitro-
Parathion
56-38-2
Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl)ester
Pentachlorobenzene
608-93-5
Benzene, pentachloro-
Pentachloronitrobenzene
82-68-8
Benzene, pentachloronitro-
Pentachlorophenol
87-86-5
Phenol, pentachloro-
Phenacetin
62-44-2
Acetamide, N-(4-ethoxyphenyl)
Phenanthrene
85-01-8
Phenanthrene
Phenol
108-95-2
Phenol
p-Phenylenediamine
106-50-3
1,4-Benzenediamine
Phorate
298-02-2
Phosphorodithioic acid, O,O-diethyl S- [(ethylthio)methyl]ester
Polychlorinated biphenyls; PCBs
Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor-1016 (CAS RN 12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS RN 11096-82-5).
1336-36-3
See adjacent note
1,1'-Biphenyl, chloro derivatives
Pronamide
23950-58-5
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-
Propionitrile; Ethyl cyanide
107-12-0
Propanenitrile
Pyrene
129-00-0
Pyrene
Safrole
94-59-7
1,3-Benzodioxole, 5-(2- propenyl)-
Selenium
(Total)
Selenium
Silver
(Total)
Silver
Silvex; 2,4,5-TP
93-72-1
Propanoic acid, 2-(2,4,5- trichlorophenoxy)-
Styrene
100-42-5
Benzene, ethenyl-
Sulfide
18496-25-8
Sulfide
2,4,5-T; 2,4,5-Trichlorophenoxyacetic acid
93-76-5
Acetic acid, (2,4,5- trichlorophenoxy)-
2,3,7,8-TCDD; 2,3,7,8-Tetrachlorodibenzo- p-dioxin
1746-01-6
Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro-
1,2,4,5-Tetrachlorobenzene
95-94-3
Benzene, 1,2,4,5-tetrachloro-
1,1,1,2-Tetrachloroethane
630-20-6
Ethane, 1,1,1,2-tetrachloro-
1,1,2,2-Tetrachloroethane
79-34-5
Ethane, 1,1,2,2-tetrachloro-
Tetrachloroethylene; Tetrachloroethene; Perchloroethylene
127-18-4
Ethene, tetrachloro-
2,3,4,6-Tetrachlorophenol
58-90-2
Phenol, 2,3,4,6-tetrachloro-
Thallium
(Total)
Thallium
Tin
(Total)
Tin
Toluene
108-88-3
Benzene, methyl-
o-Toluidine
95-53-4
Benzenamine, 2-methyl-
Toxaphene
This entry includes congener chemicals contained in technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated camphene.
8001-35-2
See adjacent note
Toxaphene
1,2,4-Trichlorobenzene
120-82-1
Benzene, 1,2,4-trichloro-
1,1,1-Trichloroethane; Methylchloroform
71-55-6
Ethane, 1,1,1-trichloro-
1,1,2-Trichloroethane
79-00-5
Ethane, 1,1,2-trichloro-
Trichloroethylene; Trichloroethene
79-01-6
Ethene, trichloro-
Trichlorofluoromethane; CFC-11
75-69-4
Methane, trichlorofluoro-
2,4,5-Trichlorophenol
95-95-4
Phenol, 2,4,5-trichloro-
2,4,6-Trichlorophenol
88-06-2
Phenol, 2,4,6-trichloro-
1,2,3-Trichloropropane
96-18-4
Propane, 1,2,3-trichloro-
O,O,O-Triethyl phosphorothioate
126-68-1
Phosphorothioic acid, O,O,O-triethyl ester
sym-Trinitrobenzene
99-35-4
Benzene, 1,3,5-trinitro-
Vanadium
(Total)
Vanadium
Vinyl acetate
108-05-4
Acetic acid, ethenyl ester
Vinyl chloride; Chloroethene
75-01-4
Ethene, chloro-
Xylene (total)
Xylene (total): This entry includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7).
96-47-6
See adjacent note
Benzene, dimethyl-
Zinc
(Total)
Zinc
2.3.28Corrective Actions Program
A.Assessment of Corrective Measures
1.Within ninety (90) days of finding that any of the constituents listed in § 2.3.27 of this Part have been detected at a statistically significant level exceeding the groundwater protection standards, the owner or operator must initiate an assessment of corrective measures. Such an assessment must be completed within a reasonable period of time.
2.The owner or operator must continue to monitor in accordance with the assessment monitoring program.
3.The assessment shall include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy, addressing at least the following:
a.The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination;
b.The time required to begin and complete the remedy;
c.The costs of remedy implementation; and
d.The institutional requirements such as State or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy(s).
4.The owner or operator must discuss the results of the corrective measures assessment, prior to the selection of remedy, in a public meeting with interested and affected parties.
B.Selection of Remedy
1.Based on the results of the corrective measures assessment, the owner or operator must select a remedy that, at a minimum, meets the standards listed in § 2.3.28(B)(2) of this Part. The owner or operator must notify the Director, within fourteen (14) days of selecting a remedy that a report describing the selected remedy has been placed in the operating plan and that it meets the standards in § 2.3.28(B)(2) of this Part.
2.Remedies must:
a.Be protective of human health and the environment;
b.Attain the groundwater protection standard as specified pursuant to § 2.1.8 of this Part.
c.Control the source(s) of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of § 2.3.27 of this Part into the environment that may pose a threat to human health or the environment; and
d.Comply with standards for management of wastes as specified in § 2.3.28(C)(4) of this Part.
3.In selecting a remedy that meets the standards of § 2.3.28(C)(2) of this Part, the owner or operator shall consider the following evaluation factors:
a.The long and short-term effectiveness and protectiveness of the potential remedy(s), along with the degree of certainty that the remedy will prove successful based on consideration of the following:
(1)Magnitude of reduction of existing risks;
(2)Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remedy;
(3)The type and degree of long-term management required, including monitoring, operation, and maintenance;
(4)Short-term risks that might be posed to the community, workers, or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and redisposal of contaminants;
(5)Time until full protection is achieved;
(6)Potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, redisposal, or containment;
(7)Long-term reliability of the engineering and institutional controls; and
(8)Potential need for replacement of the remedy.
b.The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors:
(1)The extent to which containment practices will reduce further releases;
(2)The extent to which treatment technologies may be used.
c.The ease or difficulty of implementing a potential remedy(s) based on consideration of the following types of factors:
(1)Degree of difficulty associated with constructing the technology;
(2)Expected operational reliability of the technologies;
(3)Need to coordinate with and obtain necessary approvals and permits from other agencies;
(4)Availability of necessary equipment and specialists; and
(5)Available capacity and location of needed treatment, storage, and disposal services.
d.Practicable capability of the owner or operator, including a consideration of the technical and economic capability.
e.The degree to which community concerns are addressed by a potential remedy(s).
4.The owner or operator shall specify as part of the selected remedy a schedule(s) for initiating and completing remedial activities. Such a schedule must require the initiation of remedial activities within a reasonable period of time, taking into consideration the factors set forth in §§ 2.3.28(B)(4)(a) through (h) of this Part. The owner or operator must consider the following factors in determining the schedule of remedial activities:
a.Extent and nature of contamination;
b.Practical capabilities of remedial technologies in achieving compliance with groundwater protection standards established under § 2.1.8 of this Part and other objectives of the remedy;
c.Availability of treatment or disposal capacity for wastes managed during implementation of the remedy;
d.Desirability of utilizing technologies that are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives;
e.Potential risks to human health and the environment from exposure to contamination prior to completion of the remedy;
f.Resource value of the aquifer including:
(1)Current and future uses;
(2)Proximity and withdrawal rate of users;
(3)Groundwater quantity and quality;
(4)The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;
(5)The hydrogeologic characteristic of the facility and surrounding land;
(6)Groundwater removal and treatment costs; and
(7)The cost and availability of alternative water supplies.
g.Practicable capability of the owner or operator.
h.Other relevant factors.
5.The Director may determine that remediation of a release is not necessary if the owner or operator demonstrates to the satisfaction of the Director that:
a.The groundwater is additionally contaminated by substances that have originated from a source other than an SWLF unit, and those substances are present in concentrations such that cleanup of the release from the SWLF unit would provide no significant reduction in risk to actual or potential receptors; or
b.The constituent(s) present in groundwater:
(1)Is not currently or reasonably expected to be a source of drinking water; and
(2)Is not hydraulically connected with waters to which the hazardous constituents are migrating or are likely to migrate in a concentration(s) that would exceed the groundwater protection standards established under § 2.1.8 of this Part; or
c.Remediation of the release(s) is technically impracticable; or
d.Remediation results in unacceptable cross-media impacts.
6.A determination by the Director pursuant to § 2.3.28(B)(5) of this Part shall not affect the authority of the State to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the groundwater, to prevent exposure to the groundwater, or to remediate the groundwater to concentrations that are technically practicable and significantly reduce threats to human health or the environment.
C.Implementation of the Corrective Action Program
1.Based on the schedule established under § 2.3.28(B)(4) of this Part for initiation and completion of remedial activities, the owner/operator must:
a.Establish and implement a corrective action groundwater monitoring program that:
(1)At a minimum, meets the requirements of an assessment monitoring program;
(2)Indicates the effectiveness of the corrective action remedy; and
(3)Demonstrates compliance with the ground-water protection standard pursuant to § 2.3.28(C)(5) of this Part.
b.Implement the corrective action remedy selected under § 2.3.28(B) of this Part; and
c.Take any interim measures necessary to ensure the protection of human health and the environment. Interim measures should, to the greatest extent practicable, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to § 2.3.28(B) of this Part. The following factors must be considered by an owner or operator in determining whether interim measures are necessary:
(1)Time required to develop and implement a final remedy;
(2)Actual or potential exposure of nearby populations or environmental receptors to hazardous constituents;
(3)Actual or potential contamination of drinking water supplies or sensitive ecosystems;
(4)Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously;
(5)Weather conditions that may cause hazardous constituents to migrate or be released;
(6)Risks of fire or explosion, or potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and
(7)Other situations that may pose threats to human health and the environment.
2.An owner or operator may determine, based on information developed after implementation of the remedy has begun or other information, that compliance with requirements of § 2.3.28(B)(2) of this Part are not being achieved through the remedy selected. In such cases, the owner or operator must implement other methods or techniques that could practicably achieve compliance with the requirements, unless the owner or operator makes the determination under § 2.3.28(C)(3) of this Part.
3.If the owner or operator determines that compliance with requirements under § 2.3.28(B)(2) of this Part cannot be practically achieved with any currently available methods, the owner or operator must:
a.Obtain certification of a qualified groundwater scientist or approval by the Director that compliance with requirements under § 2.3.28(B)(2) of this Part cannot be practically achieved with any currently available methods;
b.Implement alternate measures to control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment; and
c.Implement alternate measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are:
(1)Technically practicable; and
(2)Consistent with the overall objective of the remedy.
d.Notify the Director within fourteen (14) days that a report justifying the alternative measures prior to implementing the alternative measures has been placed in the operating plan.
4.All solid wastes that are managed pursuant to a remedy required under § 2.3.28(B) of this Part, or an interim measure required under § 2.3.28(C)(1)(c) of this Part, shall be managed in a manner:
a.That is protective of human health and the environment; and
b.That complies with applicable requirements of Subchapter 10 of this Chapter, Hazardous Waste.
5.Remedies selected pursuant to § 2.3.28(A) of this Part shall be considered complete when:
a.The owner or operator complies with the groundwater protection standards established under § 2.1.8 of this Part at all points within the plume of contamination that lies beyond the groundwater monitoring well system established under § 2.1.8 of this Part.
b.Compliance with the groundwater protection standards established under § 2.1.8 of this Part has been achieved by demonstrating that concentrations of § 2.3.27 of this Part constituents have not exceeded the groundwater protection standard(s) for a period of three (3) consecutive years using statistical procedures and performance standards.
c.The Director may specify an alternative length of time during which the owner or operator must demonstrate that concentrations of § 2.3.27 of this Part constituents have not exceeded the groundwater protection standard(s) taking into consideration:
(1)Extent and concentration of the release(s);
(2)Behavior characteristics of the hazardous constituents in the groundwater;
(3)Accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that may affect the accuracy; and
(4)Characteristics of the groundwater.
d.All actions required to complete the remedy have been satisfied.
6.Upon completion of the remedy, the owner or operator must notify the Director within fourteen (14) days that a certification that the remedy has been completed in compliance with the requirements of § 2.3.28(A)(5) of this Part has been placed in the operating plan. The certification must be signed by the owner or operator and by a qualified groundwater scientist, or approved by the Director.
7.Upon certification by the landfill owner or operator that the remedy has been completed in compliance with § 2.3.28(A)(5) of this Part and this certification is also signed by a qualified groundwater scientist or approved by the Director, then the Department shall release the landfill owner or operator from the requirements for financial assurance for corrective action (per § 2.3.28(D) of this Part).
D.Financial Assurance for Corrective Action at an SWLF Unit
1.An owner or operator of an SWLF unit required to undertake a corrective action program, must have a detailed written estimate, in current dollars, of the cost of hiring a third (3rd) party to perform the corrective action. The corrective action cost estimate must account for the total cost of corrective action activities as described in the correction action remedy for the entire corrective action period. The owner or operator must notify the Director that this estimate has been placed in the landfill's operating record.
2.The owner or operator must annually adjust the corrective action cost estimate for inflation until the corrective action program is completed.
3.The owner or operator must increase the corrective action cost estimate and the amount of financial assurance provided, if changes in the corrective action program or landfill conditions increase the maximum costs of corrective action.
4.The owner or operator may reduce the amount of the corrective action cost estimate and the amount of financial assurance provided, if the cost estimate exceeds the maximum remaining costs of corrective action. The owner or operator must notify the Director that the justification for the reduction of the corrective action cost estimate and the amount of financial assurance has been placed in the landfill's operating record.
5.The landfill owner or operator, required to undertake a corrective action program, must establish financial assurance for the most recent corrective action program, in accordance with § 2.3.29 of this Part. The owner or operator must provide continuous corrective action assurance until released from financial assurance requirements by demonstrating compliance with and completion of corrective action remedies.
2.3.29Allowable Mechanisms for SWLF Units to Demonstrate Financial Assurance
A.The mechanisms to demonstrate financial assurance must ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective action for known releases, will be available whenever needed. SWLF unit private and local government owners and operators must choose from the options below and demonstrate compliance with one (1) or more of these allowed mechanisms by April 9, 1997:
1.Trust Fund
a.A landfill owner or operator can establish a trust fund which conforms to the requirements § 2.3.29(A)(1)(a) of this Part. The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency. A copy of the trust agreement must be placed in the landfill's operating record.
b.Relative to trust funds for closure or post-closure care, payments into the trust fund must be made annually by the landfill owner or operator over the term of the initial license or over the remaining life of the landfill, whichever is shorter. Relative to a trust fund for corrective action, payments into the trust fund must be made over one half (1/2) of the estimated length of the corrective action program. This payment period is referred to as the pay-in period.
c.For a trust fund used to demonstrate financial assurance for closure or post-closure care, the first (1st) payment into the fund must be at least equal to the current cost estimate for closure or post-closure care except as provided in § 2.3.29(A)(10) of this Part, divided by the number of years in the pay-in period. The amount of subsequent payments must be determined by the following formula:
(1)Next Payment = (CE - CV)/Y where:
(AA)CE = Current cost estimate for closure or post-closure care (updated for inflation or other changes)
(BB)CV = Current value of the trust fund
(CC)Y = Number of years remaining in the pay-in period
d.For a trust fund used to demonstrate financial assurance for corrective action, the first (1st) payment into the fund must be at least equal to one half (1/2) of the current cost estimate for corrective action, except as provided in § 2.3.29(A)(10) of this Part, divided by the number of years in the corrective action pay-in period. The amount of subsequent payments must be determined by the following formula:
(1)Next Payment = (RB - CV)/Y where:
RB = most recent estimate of the required trust fund balance for corrective action (i.e. the total costs that will be incurred during the second (2nd) half of the corrective action period) and CV, Y are defined above.
e.Relative to trust funds for closure or post-closure care, the initial payment into the fund must be made before the initial receipt of waste or by April 9, 1994, whichever is later. Relative to a trust fund for corrective action, the initial payment must be made no later than one hundred twenty (120) days after selection of the corrective action remedy.
f.If the landfill owner or operator establishes a trust fund after using one (1) or more alternate allowable mechanisms to demonstrate financial assurance, then the initial payment into the trust fund must be at least the amount the fund would contain if the trust fund had been established initially and annual payments made according to §§ 2.3.29(A)(1)(c) and (d) of this Part.
g.The landfill owner or operator, or other person, business, or organization authorized to conduct closure, post-closure care, or corrective action activities may request reimbursement from the trustee for these expenditures. Requests for reimbursement will be granted by the trustee only if sufficient funds remain in the trust fund to cover the remaining costs of closure, post-closure care, or corrective action and if justification and documentation of the cost is placed in the landfill's operating record. The owner or operator must notify the Director that documentation of the justification for reimbursement has been placed in the operating record and that reimbursement has been received.
h.The trust fund may be terminated by the landfill owner or operator only if he substitutes alternate acceptable financial assurance or if he is no longer required to demonstrate financial assurance.
2.Surety Bond Guaranteeing Payment or Performance
a.A landfill owner or operator may demonstrate financial assurance for closure or post-closure care by obtaining a payment or performance surety bond. An owner or operator may demonstrate financial assurance for corrective action by obtaining a performance bond. The bond must be effective before the initial receipt of waste or by April 9, 1994, whichever is later, relative to closure or post-closure care, or not later than one hundred twenty (120) days after the corrective action remedy has been selected. The owner or operator must notify the Director that a copy of the bond has been placed in the landfill's operating record. The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of Treasury.
b.The penal sum of the bond must be in an amount at least equal to the current cost estimate for closure, post-closure or corrective action, whichever is applicable, except as provided in § 2.3.29(A)(11) of this Part.
c.Under terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
d.The owner or operator must establish a standby trust fund, which meets the requirements of § 2.3.29(A)(1) of this Part, except the requirements for initial payment and subsequent annual payments in §§ 2.3.29(A)(1)(b) through (e) of this Part.
e.Payments made under terms of the bond will be deposited by the surety directly into the standby trust fund. Payments from the trust fund must be approved by the trustee.
f.Under terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the landfill owner and operator and to the Director at least one hundred twenty (120) days in advance of cancellation. If the surety cancels the bond, the landfill owner or operator must obtain alternate acceptable financial assurance.
g.The landfill owner or operator may cancel the bond only if alternate acceptable financial assurance is substituted or if the owner or operator is no longer required to demonstrate financial assurance.
3.Letter of Credit
a.A landfill owner or operator may obtain an irrevocable standby letter of credit. It must be effective before the initial receipt of waste or by April 9, 1994, whichever is later, relative to closure or post-closure care, or no later than one hundred twenty (120) days after the corrective action remedy has been selected. The owner or operator must notify the Director that a copy of the letter of credit has been placed in the landfill's operating record. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
b.A letter from the owner or operator referring to the letter of credit by number, issuing institution, and date and providing the name and address of the facility and amount of funds assured, must be included with the letter of credit in the landfill operating record.
c.The letter of credit must be irrevocable and issued for a period of at least one (1) year in an amount at least equal to the current cost estimate for closure, post-closure, or corrective action, whichever is applicable, except as provided in § 2.3.29(A)(1) of this Part. The letter of credit must provide for an automatic extension of the expiration date for at least one (1) year, unless the issuing institution has canceled the letter of credit by sending a notice of cancellation by certified mail to the landfill owner and operator and to the Director at least one hundred twenty (120) days in advance of cancellation. If the letter of credit is canceled by the issuing institution, the landfill owner or operator must obtain alternate acceptable financial assurance.
d.The landfill owner or operator may cancel the letter of credit only if alternate acceptable financial assurance is substituted or if the owner or operator is no longer required to demonstrate financial assurance.
4.Insurance
a.The landfill owner or operator may demonstrate financial assurance for closure and post-closure care by obtaining insurance which is effective before the initial receipt of waste or by April 9, 1994, whichever is later. At a minimum, the insurer must be licensed to transact the business of insurance or must be eligible to provide insurance as an excess or surplus lines insurer, in one (1) or more States. The owner or operator must notify the Director that a copy of the insurance policy has been placed in the landfill operating record.
b.The closure or post-closure care insurance policy must guarantee that funds will be available to close the landfill whenever final closure occurs or to provide post-closure care for the landfill whenever the post-closure care period begins, whichever applies. The policy must also guarantee that once closure or post-closure care begins, the insurer will be responsible for the paying out of funds to the landfill owner or operator or other person, organization or business authorized to conduct closure or post-closure care, up to an amount equal to the face amount of the policy.
c.The insurance policy must be issued for a face amount at least equal to the current cost estimate for closure or post-closure care, whichever is applicable, except as provided in § 2.3.29(A)(1) of this Part. The term, "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of payments.
d.The landfill owner or operator or other person authorized to conduct closure or post-closure care, may receive reimbursements for closure or post-closure expenditures, whichever applies. Requests for reimbursement will be granted by the insurer only if the remaining value of the policy is sufficient to cover the remaining costs of closure or post-closure care, and if justification and documentation of the cost is placed in the landfill's operating record. The owner or operator must notify the Director that the documentation of the justification for reimbursement has been placed in the landfill's operating record and that reimbursement has been received.
e.Each insurance policy must contain a provision allowing assignment of the policy to a successor landfill owner or operator. Such assignment may be conditional upon consent of the insurer, provided that such content is not unreasonable refused.
f.The insurance policy must provide that the insurer will not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must, at minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, then the insurer may cancel the policy by sending notice of cancellation by certified mail to the landfill owner and operator and to the Director at least one hundred twenty (120) days in advance of cancellation. If the insurer cancels the policy, then the landfill owner or operator must obtain alternate acceptable financial assurance.
g.For insurance policies providing coverage for post-closure care, commencing on the date that liability to make payments pursuant to the policy accrues, the insurer will thereafter annually increase the face amount of the policy. Such increase must be equivalent to the face amount of the policy, less any payments made, multiplied by an amount equivalent to eighty-five percent (85%) of the most recent investment rate or of the equivalent coupon issue yield announced by the U.S. Department of the Treasury for twenty-six (26) week treasury securities.
h.The landfill owner or operator may cancel the insurance policy only if alternate acceptable financial assurance is substituted or if the owner or operator is no longer required to demonstrate financial assurance.
5.Local Government Financial Test – A local government owner or operator that satisfies the requirements of §§ 2.3.29(A)(6)(a) through (c) of this Part may demonstrate financial assurance up to the amount specified in § 2.3.29(A)(6)(d) of this Part.
a.Financial Component
(1)The owner or operator must satisfy either §§ 2.3.29(A)(6)(a)((1)) or ((2)) of this Part.
(AA)If the owner or operator has outstanding general obligation bonds, it must have a current Moody's rating of Aaa, Aa, A, or Baa or a current Standard and Poor's rating of AAA, AA, A, or BBB, on all outstanding general obligation bonds.
(BB)If the owner does not have outstanding general obligation bonds, it must satisfy each of the following financial ratios: A ratio of cash plus marketable securities to total expenditures greater than or equal to 0.05; and a ratio of annual debt service to total expenditures less than an equal to 0.20; and a ratio of long-term debt issued and outstanding to capital expenditures less than or equal to 2.00.
(2)The owner or operator must prepare its financial statements in conformity with General Accepted Accounting Principles for governments.
(3)An owner or operator is not eligible to assure its obligations under this § 2.3.29(A)(6) of this Part if any of the following apply to the owner or operator: Is currently in default on any outstanding general obligation bonds; or has one (1) or more outstanding general obligation bonds with a Moody's rating lower than Baa or with a Standard and Poor's rating lower than BBB; or Operated at a deficit equal to five percent (5%) or more of total annual revenue in either of the past two (2) fiscal years; or receives an adverse opinion, disclaimer of opinion, or other qualified opinion from the independent Certified Public Accountant (or appropriate State agency) auditing its financial statement as required under § 2.3.29(F)(1)(b) of this Part. However, the Director may evaluate qualified opinions on a case-by-case basis and allow use of the financial test in cases where the Director deems the qualification insufficient to warrant disallowance of the test.
b.Public Notice Component – The local government owner or operator must place a reference to the closure, post-closure care, or corrective action costs assured through the financial test into its most recent comprehensive annual financial report or budget. Relative to closure and post-closure care, this reference must be included by April 9, 1997 or prior to the initial receipt of waste at the facility, whichever is later. Relative to corrective action, this reference must be included not later than one hundred twenty (120) days after an acceptable corrective action remedy has been selected. The reference must include the amount of each cost estimate and the year(s) in which the local government expects these costs to be incurred. References in the budget must occur as budgeted line items if the activities are to occur in the period covered by the budget, but may appear in a supplemental data section if the activities will not occur until after the period covered by the budget.
c.Recordkeeping and Reporting Requirements
(1)The local government owner or operator must place the following items in the facility's operating record:
(AA)A letter signed by the local government's Chief Financial Officer that: Lists all the current cost estimates covered by a financial test, as described in § 2.3.29(A)(6)(b) of this Part; provides evidence and certifies that the local government meets the conditions of either §§ 2.3.29(A)(6)(a)((1)) or ((2)) of this Part, and certifies that the local government meets the conditions of § 2.3.29(A)(6)(d) of this Part.
(BB)The local government's independently audited year-end financial statements for the latest fiscal year, including the unqualified opinion of the auditor who must be an independent, Certified Public Accountant or an appropriate state agency that conducts equivalent comprehensive audits; and
(CC)A report to the local government from the local government's independent Certified Public Accountant or the appropriate State agency stating that:
(i)The Certified Public Accountant or State agency has compared the data in the Chief Financial Officer's independently audited, year-end financial statements for the latest fiscal year, and
(ii)In connection with that examination, no matters came to his attention which caused him to believe that the data in the Chief Financial Officer's letter should be adjusted.
(2)The items required § 2.3.29(F)(3)(a) of this Part must be placed in the facility operating record as follows:
(AA)Relative to closure and post-closure care, before April 9, 1997 or prior to the initial receipt of waste at the facility, whichever is later; or
(BB)Relative to corrective action, not later than one hundred twenty (120) days after an acceptable corrective action remedy is selected.
(3)After placement of § 2.3.29(F)(3)(a) of this Part items in the facility's operating record, the local government owner or operator must at least annually update this information and place the updated information in the facility's operating record within ninety (90) days following the end of the owner or operator's fiscal year.
(4)The local government owner or operator is no longer required to meet the requirements of § 2.3.29(F)(3)(e) of this Part when either:
(AA)The owner or operator substitutes alternate financial assurance as specified in § 2.3.29(F)(3)(e) of this Part; or
(BB)The owner or operator is released from the requirements of this section in accordance with §§ 2.1.9 and 2.3.28 of this Part.
(5)A local government must satisfy the requirements of the financial test at the close of each fiscal year. If the local government owner or operator no longer meets the requirements of the local government financial test, it must, within one hundred twenty (120) days following the end of the owner or operator's fiscal year, obtain alternative financial assurance that meets the requirements of this section, place the required submissions for assurance in the facility operating record, and notify the Director that the owner or operator no longer meets the criteria of the financial test and that alternate financial assurance has been obtained.
(6)The Director, based on a reasonable belief that the local government owner or operator no longer meets the requirements of the local government financial test, may at any time require additional reports of financial condition from the local government. If the Director finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of the local government financial test, then the local government must provide alternate financial assurance in accordance with § 2.3.29(A)(6)(c)((5)) of this Part.
d.Calculation of Costs to be Assured – The portion of the closure, post-closure, and corrective action costs for which an owner or operator can assure under § 2.3.29(F)(4) of this Part is determined as follows:
(1)If the local government owner or operator does not assure other environmental obligations through a financial test, it may assure closure, post-closure, and corrective action costs that equal up to forty-three percent (43%) of the local government's total annual revenue.
(2)If the local government assures other environmental obligations through a financial test, including those associated with UIC facilities under 40 C.F.R. § 144.62 (2017), incorporated in § 1.3(A) of this Subchapter, petroleum underground storage tank facilities under 40 C.F.R. Part 280 (2017), incorporated in § 1.3(A) of this Subchapter, PCB storage facilities under 40 C.F.R. Part 761 (2017), incorporated in § 1.3(A) of this Subchapter, and hazardous waste treatment, storage, and disposal facilities under 40 C.F.R. Parts 264 and 265 (2017), incorporated in § 1.3(A) of this Subchapter, it must add those costs to the closure, post-closure and corrective action costs it seeks to assure under § 2.3.29(A)(6)(d) of this Part. The total must not exceed forty-three percent (43%) of the local government's total annual revenue.
(3)The owner or operator must obtain an alternate financial assurance instrument for those costs that exceed the limits set in §§ 2.3.29(A)(6)(d)((1)) and ((2)) of this Part.
6.Local Government Guarantee – An owner or operator may demonstrate financial assurance for closure, post-closure, and corrective action, as required by §§ 2.1.9 and 2.3.28 of this Part, by obtaining a written guarantee provided by a local government. The guarantor must meet the requirements of the local government financial test in § 2.3.29(A)(6) of this Part, and must comply with the terms of a written guarantee.
a.Terms of the Written Guarantee – Relative to closure and post-closure care, the guarantee must be effective before April 9, 1997 or before the initial receipt of waste, whichever is later. Relative to corrective action, the guarantee must be no later than one hundred twenty (120) days after an acceptable corrective action remedy has been selected. The guarantee must provide that:
(1)If the owner or operator fails to perform closure, post-closure care, and/or corrective action of a facility covered by the guarantee, the guarantor will either: Perform, or pay a third (3rd) party to perform, closure, post-closure care, and/or corrective action as required; or establish a fully funded trust fund, as specified in § 2.3.29(A)(1) of this Part, in the name of the owner or operator.
(2)The guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Director. Cancellation may not occur, however, during the one hundred twenty (120) days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Director, as evidenced by the return receipts.
(3)If a guarantee is canceled, the owner or operator must, within ninety (90) days following receipt of the cancellation notice by the owner or operator and the Director, obtain alternate financial assurance, place evidence of that alternate financial assurance in the facility operating record, and notify the Director. If the owner or operator fails to provide alternate financial assurance within the ninety (90) day period, the guarantor must provide that alternate assurance within one hundred twenty (120) days following the close of the guarantor's fiscal year, obtain alternative assurance, place evidence of the alternate assurance in the facility operating record, and notify the Director.
b.Recordkeeping and Reporting
(1)Relative to closure and post-closure care, the owner or operator must place a certified copy of the guarantee, along with the items required within § 2.3.29(A)(6)(c) of this Part, into the facility's operating record before April 9, 1997 or before the initial receipt of waste, whichever is later. Relative to corrective action, this certified copy and items must be placed into the facility's operating record no later than one hundred twenty (120) days after an acceptable corrective action remedy has been selected.
(2)The owner or operator is no longer required to maintain the items specified in § 2.3.29(A)(8)(a) of this Part of this section when either: The owner or operator substitutes alternate financial assurance as specified in this section; or the owner or operator is released from the requirements of this section in accordance with §§ 2.1.9 and 2.3.28 of this Part.
(3)If a local government guarantor no longer meets the requirements of § 2.3.29(A)(6)(a) of this Part, the owner or operator must, within ninety (90) days following the end of the guarantor's fiscal year, obtain alternative assurance, place evidence of the alternate assurance in the facility's operating record, and notify the Director. If the owner or operator fails to provide alternate financial assurance within the ninety (90) day period, the guarantor must provide that alternate assurance within one hundred twenty (120) days.
7.State-Approved Mechanism – An owner or operator may satisfy the requirements of this section by obtaining any other mechanism that meets the criteria specified in § 2.3.29 of this Part and that is approved by the Director.
8.State Assumption of Responsibility – If the Director either assumes legal responsibility for an owner or operator's compliance with closure, post-closure care and/or corrective action requirements or assures that funds will be available from State sources to cover these requirements, then the owner or operator will be in compliance with the requirements of this section. Any assumption of this responsibility, by the Director, must meet the criteria specified in § 2.3.29 of this Part. The owner or operator will not be relieved of this responsibility, except if the Director assumes the responsibility and declares such responsibility, in writing, to the owner or operator or their representative or successor.
9.Use of Multiple Mechanisms – An owner or operator may demonstrate financial assurance for closure, post-closure, and corrective action, as required by §§ 2.1.9 and 2.3.28 of this Part, by establishing more than one (1) financial mechanism per facility, except that mechanisms guaranteeing performance, rather than payment, may not be combined with other instruments. The mechanisms must be as specified in §§ 2.3.29(A)(1) through (8) of this Part, except that financial assurance for an amount at least equal to the current cost estimate for closure, post-closure care, and/or corrective action may be provided by a combination of mechanism, rather than a single mechanism.
10.Other Requirements of the Financial Mechanisms
a.The financial assurance mechanisms must ensure that the amount of funds assured is sufficient to cover the cost of closure, post-closure care, and corrective action for known releases when needed and will be available in a timely fashion when needed.
b.The financial assurance mechanisms must be obtained by the owner or operator by the effective date of these requirements or prior to the initial receipt of solid waste, whichever is later, in the case of closure and post-closure care, and no later than one hundred twenty (120) days after the corrective action remedy has been properly selected, until the Director releases the owner or operator from financial assurance requirements, per §§ 2.1.9 and 2.3.28 of this Part.
c.The financial assurance mechanisms must be legally valid, binding, and enforceable under State and Federal Law.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-01-03 to 01/04/2022*
- *Amendment — effective from 2018-03-21 to 01/03/2021*
- *Periodic Refile — effective from 2001-12-31 to 03/21/2018*
#### **250-RICR-140-05-3** Transfer Stations and Collection Stations
##### **250-RICR-140-05-3 § 3.1** Transfer Stations and Collection Stations {#sec-250-ricr-140-05-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-3#3.1}
A.General Information: The following requirements are related to the facility and its site only. All information relating to other types of facilities used in the final disposal or intermediate processing of the refuse must be submitted as required in the rules relating to the particular types of operations. The applicant must also meet the general requirements of § 1.7 of this Subchapter.
B.Radius Plan: A radius plan including all the information listed below shall be submitted. The radius plan must be drawn to a minimum scale of one inch to two hundred feet (1" = 200') adjusted to fit on a standard 24 x 36 inch sheet and including all areas within a one-quarter (1/4) mile radius out from all property lines of the site. The required information includes:
1.Zoning of the area as required in § 1.7(E)(5) of this Subchapter,
2.All buildings and dwellings,
3.All water supplies (wells, etc.),
4.All surface water courses,
5.All roads,
6.Legal boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island,
7.North arrow,
8.Extent of 100 year floodplain (where applicable),
9.Locus Plan.
C.Site Plan: A site plan including all of the information listed below for all areas within the site shall be submitted. The site plan must be drawn to a minimum scale of one inch to one hundred feet (1" = 100') adjusted to fit on a standard 24 x 36 inch sheet. The required information includes:
1.Proposed leachate collection and treatment facilities (if any),
2.Buildings (if any),
3.Wells (if any),
4.Surface water courses (if any),
5.Roads (if any),
6.Areas to be used for storing salvaged materials,
7.Legal boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island,
8.Power and pipe lines and utilities,
9.Proposed fences,
10.Weighing facilities (if any),
11.North arrow,
12.Locations of buffer zone,
13.Locations of loading and unloading areas,
14.Location of processing, tipping, sorting, and treatment areas,
15.Landscaping,
16.On site traffic patterns,
17.Site drainage facilities,
18.Legend.
D.Construction and Engineering Plans: A preliminary set of construction and engineering plans and specifications relating to all buildings and equipment of the facility must be submitted to the Department. This set shall be in sufficient detail to allow for a comprehensive application review. A complete set will be submitted prior to construction or operating, per Department requirements.
E.Operating Plan:
1.An operating plan shall be submitted including information on all of the areas listed below. The duration of the operating plan shall equal that of the license. The operating plan shall be reviewed by the applicant prior to license renewal and any changes to such plan shall be submitted to the Department for approval at that time.
2.The applicant must demonstrate an ability to comply with all General Operating standards and with the Transfer Station and Collection Station standards listed in § 1.9 of this Subchapter and § 3.2 of this Part, respectively. The following information shall be included in the plan:
a.Operating hours,
b.Operating and design capacities,
c.Types of refuse to be accepted, transferred, and/or recycled with corresponding approximate percentages of the total refuse,
d.Personnel and duties,
e.Dust control program,
f.Odor control program,
g.Litter control program,
h.Substitute disposal and/or transfer arrangements,
i.Communications equipment available,
j.Population and service area,
k.Provisions for limited access,
l.Weighing facilities (if any),
m.Aesthetic considerations,
n.Identification of provisions or methods of solid waste and leachate containment,
o.Final disposal arrangements,
p.Vector control program,
q.Fire control and prevention provisions,
r.On-site traffic patterns,
s.Special waste handling procedures as listed in § 2.3.6 of this Subchapter,
t.Bulky waste handling procedures,
u.Routine house cleaning schedules,
v.Description of methods and/or equipment used for any recycling operations, including separation techniques and storage of recyclables and/or handling procedures and storage of source segregated recyclable materials.
w.Methods describing how non-processible waste, hazardous waste, radioactive waste, and waste not authorized by the Department will be identified and handled at the facility.
F.Closure Plan: Pursuant to the requirements set forth in § 1.7(J) of this Subchapter, the operator shall submit a closure plan including information on the following:
1.Fences, gates, and all other security measures to prevent unauthorized access to the site,
2.Legal boundaries,
3.Measures taken to remove all remaining refuse and residue,
4.Date of proposed closure,
5.Methods of restricting access and preventing additional waste disposal,
6.Methods of protecting ground and surface water,
7.Intended future use of the facility,
8.A financial estimate of the costs to properly close the facility.
9.With respect to the financial assurance § 1.7(J)(2) of this Subchapter, the applicant may be required to post financial assurance for the full amount of the closure cost estimate as a pre-condition for the issuance of a Solid Waste Management Facility License.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-05-3 § 3.2** Transfer Stations and Collection Stations Operating Standards {#sec-250-ricr-140-05-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-3#3.2}
A.General: All transfer stations and collection stations shall meet all requirements set forth in this Part in addition to the General Operating Standards in § 1.9 of this Subchapter.
B.Waste Storage: No unprocessed combustible solid waste shall be stored for more than forty-eight (48) hours at a facility.
C.Wastewater and Leachate: All water used in processing the solid waste, and cleaning the facility, as well as all leachate from the refuse collected in storage pits and transfer areas, shall be disposed of in a manner that will not pollute any source of private or public water supply, or any of the waters or groundwaters of the State.
D.Fire Protection: All transfer and collection station facilities shall have a water supply, under pressure, suitable for firefighting purposes, or other suitable means approved by the local Fire Chief and by the Director.
E.Structures: All transfer operations, refuse storage and collection stations shall be conducted within the confines of a protective structure. Non-putrescible salvaged material and bulk items may be stored in closed containers outside the station only with Department permission, and only for a time approved by the Department.
F.Equipment Failure and Shutdown Provisions: All transfer stations and collection stations shall have an alternate method of disposal, approved in writing by the Department, with another solid waste management facility for use in the event of equipment failure or forced shutdown.
G.Brush Handling: Any brush accepted at a transfer station or collection station must be chipped within one week after arrival, or transferred for disposal within forty-eight (48) hours of arrival. Chipped brush may be stored at the site indefinitely.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-140-05-4** Incinerators and Resource Recovery Facilities
##### **250-RICR-140-05-4 § 4.1** Incinerators and Resource Recovery Facilities {#sec-250-ricr-140-05-4-4.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-4#4.1}
A.General Information: The following requirements are related to the incinerator or resource recovery facility site and building(s). All general requirements set forth in § 1.7 of this Subchapter must be submitted. All information relating to the residue disposal site required by § 2.1 of this Subchapter must also be submitted.
B.Radius Plan: A radius plan, including all the information listed below, shall be submitted. A radius plan must be drawn to a minimum scale of one inch to two hundred feet (1" = 200 feet), adjusted to fit on standard 24 x 36 inch sheet(s) and including all areas within one-quarter (1/4) mile radius out from all property lines of the site. The required information includes:
1.Zoning of the area as required in § 1.7(E)(5) of this Subchapter above,
2.Legal boundaries of site and licensed area if different, these boundaries shall be certified by a Registered Land Surveyor in the State of Rhode Island,
3.All roads,
4.All buildings and dwellings,
5.All water supplies (wells, etc.),
6.All surface water courses,
7.North arrow,
8.Locus plan.
C.Site Plan: A site plan, including all of the information listed below for all areas within the site, shall be submitted. The site plan must be drawn to a minimum scale of one inch to one hundred feet (1" = 100 feet), adjusted to fit on standard 24 x 36 inch sheet(s). The required information includes:
1.Legal boundaries of site and licensed area if different, these legal boundaries shall be certified by a Registered Land Surveyor in the State of Rhode Island,
2.Proposed fences and gates,
3.Roads (if any),
4.On site traffic patterns,
5.Parking areas,
6.Weighing facilities (if any),
7.Buildings (if any),
8.Hot load inspection area,
9.Random load content inspection area,
10.Vehicle impoundment area(s) for hot loads, prohibited loads, etc.,
11.Crane drop area for hazardous waste (if any),
12.Temporary storage area(s) for bulky waste, special waste, or prohibited waste,
13.Areas to be used for storing salvaged materials (if any),
14.On site ash storage area (if any),
15.On site residue disposal area (if any),
16.Power and pipe lines and other utilities (e.g. water, sewer, gas, electric, telephone, etc.) including:
a.Any aboveground and underground active or abandoned utility lines,
b.Any aboveground and underground active or abandoned storage tanks.
17.Rights-of-way,
18.Auxiliary fuel storage area,
19.Wells (if any), including groundwater supply and groundwater observation wells and soil boring locations (if any),
20.Surface water courses (if any),
21.Proposed leachate collection and treatment facilities (if any),
22.Site drainage facilities (if any),
23.Landscaping,
24.Location of buffer zones,
25.North arrow.
D.Construction and Engineering Plans and Specifications: A preliminary set of construction and engineering plans and specifications relating to all buildings, equipment and key features of the facility must be submitted to the Department. This set shall be in sufficient detail to allow for a comprehensive application review. A complete set of final plans will be submitted prior to construction or operation per Department requirements.
1.Overall schematics to include, at minimum, plant systems flow schematics and energy conversion schematics, if applicable (feedwater, steam, condensate).
2.Piping and instrumentation drawings to include, at minimum, the combustion train of equipment, air pollution control train of equipment, drainage and discharge systems, air handling systems, and auxiliary fuel systems.
3.Plan and cross sectional views of the facility at different elevations, with dimensions, to include:
a.Vehicle weigh station,
b.Any unloading, inspection, sorting, separating, and storage or holding areas for all types of solid waste, including municipal solid waste, bulky waste, prohibited and special wastes,
c.Refuse processing equipment locations and configurations,
d.Air supply ductwork locations,
e.Residue and recyclables (if any) collection equipment and transfer lines, storage areas and loading areas for these materials,
f.Steam generation equipment (if any), pollution control equipment, and other major equipment in the plant,
g.Office space and employees' facilities,
h.Auxiliary fuel handling and storage areas,
i.Fire protection station(s)/area(s).
4.Outline specifications for all refuse processing equipment (and steam generating equipment if applicable). Include information pertaining to the make, model, and manufacturer (if available) and information on capacity, reliability, efficiency, or other design and performance factors.
5.Outline design specifications for:
a.Vehicle weigh station.
b.Any loading, inspection, sorting, separating, and storage or holding areas for all types of solid waste, including municipal solid waste, bulky waste, prohibited and special wastes. Include storage capacities, where appropriate.
c.Residue and recyclables (if any) collection equipment and transfer lines storage areas and loading areas for these materials. Include storage capacities.
d.Auxiliary fuel handling and storage areas.
e.Water distribution system (for potable and sanitary water, irrigation needs, process, and firefighting needs).
f.Plant energy supply system (including provisions for temporary power supply, in event of primary supply outage).
g.Fire-fighting and hazardous waste protection systems, equipment and materials.
h.Environmental control equipment (sweepers, snowplows, etc.).
i.Control room displays, instrumentation and controls.
j.Security/traffic control measures (fencing, gates, material screening devices, roads, traffic signs, traffic lights, general lighting, etc.).
k.Communication equipment.
l.Landscaping and buffer zones (if applicable).
6.Process flow diagram(s) that illustrate the complete material and process sequence. They must depict all major equipment associated with the processing, heating, cooling, transportation and storage for all material flow streams including air, water, solids, and energy balances. The material flow streams must show all inputs and outputs and be characterized by the following process variables:
a.Average flow rates (liquid and solid being measured by weight or volume per unit time and gas being measured by standard cubic feet per minute).
b.Average compositions, designation of flow phase (solid, liquid, gas), temperature in degrees Fahrenheit, and pressure in pounds per square inch absolute. Energy balances must include the average heat content (measure in BTU/lb) for all input and output material or any equipment which changes the heat content of these streams. Energy converted or transferred as heat must be indicated in BTU/hr. All major sources of heat input and loss must be noted. Electrical energy either generated or utilized must be shown in kilowatt hours with average use and peak demand shown.
7.Process flow diagram and water balance for plant water distribution system (for potable and sanitary water, irrigation needs, process and firefighting needs).
E.Description of Proposed Facility: This overview should include, at minimum:
1.A sequential description of the major components used for the acceptance, storing, screening and separating (if applicable), incinerating, treating, reclaiming or recycling (if applicable), and loading/disposing of solid waste, starting from delivery at the weigh station and continuing through the ash residue loading and shipping to disposal.
2.A general description of the overall process and functional description of all equipment to be used with supporting information such as design criteria, anticipated performance, and overall process flow diagrams.
3.A discussion of process trains capable of being operated independently from each other and other provisions to minimize downtime and minimize by-passing of wastes to other facilities.
F.Operating Plan
1.An operating plan shall be submitted including information on all of the numbered sections below. The minimum requirement for information to be provided is outlined in each section. The duration of the operating plan shall equal that of the license. The operating plan shall be reviewed by the applicant prior to license renewal and any changes to such plan shall be submitted to the Department for approval at that time.
2.The applicant must comply with incinerator or resource recovery facility design and operating standards listed in §§ 4.3 and 4.4 of this Part respectively.
a.Operating rates and design capacities
(1)Expected short-term and projected long-term daily refuse loading (tons per day) inputted to facility.
(2)Projected year by year refuse loading (tons/year) from year one to end of plant life.
(3)Rated refuse capacity of the facility, in tons per day and tons per hour.
b.Operating hours
(1)Naming of the days of the week, and the time intervals (exact hours) on each of these days, that the facility will be open to the public.
(2)Description of operating shifts, including number and time intervals for each shift.
(3)Discussion of any seasonal variations in the operating hours, including planned facility shutdown periods (if any), holidays when the facility will be closed, etc.
c.Provisions for limited access
(1)Normal access road(s) into the facility and egress road(s) from the facility.
(2)Emergency access road(s), if any, into the facility.
(3)Security equipment and location including physical description of any fencing around the facility, physical description of barriers or gates at inlet/egress points, and any security personnel stations.
(4)Any natural land features which prevent access to the facility.
(5)Security surveillance, including security personnel work schedules.
(6)Any special access capabilities by emergency personnel, such as police, firemen, rescue, medical, etc.
d.Types of refuse to be accepted
(1)Categories of waste accepted by the facility.
(2)Categories of waste that will be incinerated.
(3)Categories of waste, if any, that will be separated from the waste stream prior to incineration, for alternate disposal or recycling.
(4)Specification of prohibited wastes that will not be accepted by the facility for incineration or recycling.
(5)Outline of pre-operations informational programs and ongoing programs during operation, if any, that educate waste haulers, communities, commercial businesses, and individual residents on acceptable versus prohibited wastes.
(6)Exact details of sign(s) at facility entrance which mention prohibited materials.
e.Traffic patterns
(1)Description of on-site road network serving employee vehicles, incoming waste hauling vehicles, outgoing empty vehicles and vehicles removing residue or reclaimed/recycled materials or other materials from the facility.
(2)Specification of expected types, capacity, number and frequency of vehicles entering and leaving facility.
(3)Traffic flow patterns on-site.
(4)Traffic control methods on-site including directional signs, traffic lights, speed control measures, etc.
(5)Parking areas and capacities.
f.Weighing facilities (if any)
(1)Physical description of weighing facilities.
(2)Details of information to be recorded on incoming vehicles carrying solid waste, outgoing empty vehicles and outgoing vehicles carrying residue or other materials (if applicable).
(3)Details of information recording and storage equipment, and procedures.
g.Substitute disposal and/or transfer arrangements
(1)Description of proposed measures to handle incoming solid waste flow during periods of emergency, equipment breakdown, or short term facility shutdown (not including extended outages requiring total waste by-passing to alternate site).
(2)Identification of an alternate solid waste management facility and description of agreement to accept solid waste (either part or all of the waste) in the event of an emergency, equipment breakdown or short or long term facility shutdown.
(3)Discussion of the types of outages and outage time intervals that would trigger total by-passing of the incoming waste to alternate solid waste management facility.
(4)Procedures for waste removal from the facility, if substitute disposal is required, including, at minimum:
(AA)Removal of waste from refuse pit or storage area,
(BB)Removal of refuse from feed hopper in case of mechanical system breakdown.
h.Residue and fly ash handling, storage, and disposal
(1)Estimated quantity of fly ash and bottom ash generated daily.
(2)Estimated quantity of material to be segregated from ash residue for reuse/recycling (if applicable).
(3)Methods and equipment to reclaim materials from the ash (if applicable).
(4)Method of wetting and/or containment to ensure dust emissions are controlled during on-site and off-site storage, loading, transport, and unloading.
(5)Description of method of storage and facilities for storage of on-site ash and ash storage capacity.
(6)Method of draining free liquid during ash storage and description of run-off management system.
(7)Copy of agreement with appropriate licensed solid waste management facility(s) to accept and dispose ash residue and copy of the facility's license or permit indicating the facility's ability to accept ash residue.
(8)Discussion of transportation of fly ash to disposal site, including environmental control factors.
(9)Ash sampling, analysis and testing procedures (during on-site ash storage) including:
(AA)Sample collection procedures, techniques, and schedules.
(BB)Sample preservation and shipment procedures.
(CC)Description of parameters, analytical procedures, test methods, and schedules.
(DD)Identification of laboratories performing tests and analyses (to be provided to Department prior to plan operations).
(EE)Chain of custody control.
(FF)Discussion of QA/QC procedures.
(GG)Details of documentation of sampling analyses and tests.
(10)Procedures for segregation and isolation of ash during ash testing and procedures for ash disposal, following test results.
(11)Ash residue removal procedures in case of a mechanical breakdown in the facility ash transporting system.
i.Fire and explosion prevention and control (Ref: §§ 4.2(D), (S), (U), (V), (W), and 4.3(AA) of this Part).
(1)Description and location of fire and explosion protection and alarm equipment and systems used to detect, control, and extinguish fires and explosions in appropriate locations at the facility, including, but not limited to, areas where solid waste, chemicals, flammable or explosive materials are stored or handled, and in the monitoring and control room(s).
(2)Description of any fire protection and safety elements provided in construction materials and facility design.
j.Utility Requirements
(1)Identification of types and quantities of fuels stored on-site (e.g. auxiliary fuel for burners) and description of on-site storage and handling equipment.
(2)Estimates of water quantity consumed for potable or sanitary, irrigation, process, and fire-fighting needs.
(3)Estimate of total electric power (kw) generated on site and consumed on site and quantity of outside power supplied, if any.
(4)Estimate of total steam generated on site (lb/hr, pressure, and temperature) and amount consumed on-site.
(5)Identification of provision for auxiliary power, sized to enable emergency shutdown of facility and to provide emergency lighting and fire-fighting needs.
(6)A utilities plan identifying and describing all outside utility systems which will serve the facility. A description of the carrying capacities of these utility systems and availability within the system to meet present and future facility utility needs.
k.Communication Equipment
(1)Description of the types and location of communication equipment throughout the facility.
(2)Identification of personnel that will use each type of communication equipment.
(3)Identification of communication networks and personnel to be linked by the networks.
l.Aesthetic Considerations: Description of landscaping and buffering actions to reduce potential negative visual impacts off-site.
m.Water and Wastewater Treatment and Disposal
(1)Description, characteristics, types and quantities of sanitary and process water usage and wastewater effluent.
(2)Discussion of (or plan for) processing, treatment and disposal or recycling of waste water, including disposal of firefighting water usage.
n.Outline Operation and Maintenance Manual: This document will be submitted as a part of the operating plan. It will include, at minimum, the following sections further described in each section: personnel staffing, personnel protection, personnel training, waste screening, bulky waste handling, special wastes handling, process operations, emergency contingency plans, facility housekeeping procedures, and facility maintenance.
(1)Personnel Staffing: This section will include, at minimum:
(AA)An organizational/manning chart for the entire facility.
(BB)Job descriptions, i.e., duties and responsibilities for key (critical) facility positions. Each description should include the requisite experience and skills, education, certifications, and other qualifications for that position.
(CC)The staffing provided for each shift, including the job titles and number of employees for each title to satisfy operating and maintenance needs.
(DD)Provisions for assuming responsibilities of each key job slot in case of temporary absence of the primary person.
(2)Personnel Protection: This section should include, at minimum, a discussion of personnel safety equipment, protection gear, and related items. This would include, but is not limited to, the following:
(AA)Hard hats, hearing protection, safety goggles, and other protective clothing.
(BB)Protective clothing for emergency situations including fires, explosions, and hazardous waste incidents or releases of harmful constituents into the air, soil, surface water or groundwater or onto surfaces of the facility.
(CC)Personnel hygiene facilities, first aid stations, showers, eye wash stations, and related items.
(3)Personnel Training (Ref: §§ 4.3(FF) and (GG) of this Part). This section will include a training plan which provides the following:
(AA)Description of how all facility personnel will successfully complete a program of classroom instruction and/or on-the job training that teaches them to perform their duties competently, and in a manner protective of human health and the environment. The type and amount of initial and follow-up training should be described.
(BB)Identification of the job positions which will receive training in order to become knowledgeable of the procedures, equipment, and processes at the facility, relative to the positions in which they are employed.
(CC)A training plan outline to enable facility personnel to respond effectively to emergencies by familiarizing them with emergency and safety equipment, abnormal or emergency procedures, and emergency systems. The outline should include, where applicable:
(i)Procedures for using, inspecting, repairing and replacing facility emergency and monitoring equipment.
(ii)Operational start-up and shutdown procedures; both normal and emergency procedures.
(iii)Emergency communication or alarm systems.
(iv)Response to fires or explosions.
(v)Identification and handling procedures, relative to prohibited wastes, including hazardous waste.
(vi)Response to hazardous waste emergencies.
(vii)Response to groundwater contamination incidents.
(DD)Identification of the trainer(s) and any requirements for instructor status (to be provided to the Department prior to plant operations).
(EE)Description of plan for documentation of training using a training records system, where training records will be kept, and duration for retaining records.
(4)Waste Screening Procedures: To ensure that the facility receives only authorized waste as provided by the permit of the facility, that the recyclable materials content of each load of incoming waste is in compliance with Subchapter 20 Part 2 of this Chapter "Rules and Regulations for Reduction and Recycling of Municipal Solid Waste" and Subchapter 20 Part 1 of this Chapter "Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal Residential Solid Waste", and that the waste received is in an acceptable condition, this section should include details of the initial screening of incoming waste on vehicles, inspection of suspicious loads, handling and isolation of hot loads, random inspection of incoming loads, and procedures for isolating prohibited wastes that have not been accepted. This section will include, at minimum:
(AA)A description of any device(s) to be used to screen incoming wastes on vehicles.
(BB)A listing, by job title, of the personnel trained to perform waste screening.
(CC)A description of the waste screening duties for each person trained to perform waste screening, and an overview of the procedures to be used by each of these persons.
(DD)An overview of the plan used to train the waste screening personnel.
(EE)A discussion of the records which will be maintained, relative to information on each load dumped into the refuse pit and records of waste inspection.
(5)Bulky Waste Handling Procedures:
(AA)Description of separation procedure and temporary storage facility/area (if any) for bulky waste.
(BB)Description of arrangement for removal and disposal of bulky waste from the facility, including transporter pick-up frequency.
(6)Special Waste Handling Procedures: Depending on license conditions and other possible factors, certain special wastes may be accepted and incinerated, or may be accepted but separated from the waste stream prior to incineration of the waste stream. These special wastes may include demolition and construction waste, certain non-hazardous liquid wastes, and other categories of non-hazardous waste.
(AA)Other special wastes which are prohibited could accidentally not be initially screened out, and in turn get dumped into the pit or elsewhere. These include RIDEM regulated hazardous wastes (see also 40 C.F.R. § 261, incorporated in § 1.3(A) of this Subchapter, "Identification and Listing of Hazardous Waste"), suspected hazardous wastes, or certain other wastes not regulated by RIDEM as hazardous, but which would require special handling, such as radioactive, pathological, and biological waste.
(BB)Therefore, provide the following information, where applicable, for each of the above types of special waste that are not to be incinerated but instead are to be separated from the waste stream.
(i)Description of procedures for separation and isolation of the waste.
(ii)Description of temporary storage facility/area (if any) for the waste.
(iii)Description of arrangement for removal and disposal of the waste from the facility including transporter pickup frequency.
(7)Process Operations: This section will include, at a minimum:
(AA)Description of procedures for operation of each major facility component.
(BB)Operating procedures for facility normal start-up, normal shut-down, and emergency shut-down.
(CC)A description of how the operator will utilize process and instrumentation controls during start-up and shut-down procedures.
(DD)Identification of the operating variables for the process and any control devices used to detect a malfunction or failure, the normal range of these variables and a description of the method of monitoring; and the sequence of responsible actions in the event that the equipment and instruments exceed normal operating ranges.
(EE)Methods and schedules to check operation of control equipment and instrumentation, exclusive of emission monitoring equipment, including a list of all equipment and instruments requiring calibration and a schedule of proposed calibration intervals (to be provided to the Department prior to plant operation).
(8)Emergency Contingency Plans: This section should provide detailed procedures for responding to fires, explosions, and hazardous waste incidents, including any unplanned and non-permitted sudden or non-sudden releases of harmful constituents into the air, soil, surface water or groundwater or onto surfaces of the facility. The contingency plans should contain, but not be limited to:
(AA)A description of the actions facility personnel will take in the event of each type of emergency listed above.
(BB)A discussion of arrangements made with outside emergency support groups (fire, police, rescue, hospital, hazardous waste emergency response company, hazardous waste transporter, etc.) to provide any needed assistance during the emergencies and discussion of any training in conjunction with those support groups.
(CC)A list of names, addresses, and phone numbers (office and home) of all persons qualified to act as an emergency coordinator for the facility, including the primary designated coordinator and any alternates.
(DD)A list of names, addresses, and phone numbers of outside emergency support groups (fire, police, rescue, hospital, hazardous waste emergency response company, hazardous waste transporter, etc.) that are under contract to respond to such emergencies.
(9)Facility Housekeeping Procedures: This section should include, at minimum:
(AA)Identification of the areas at or near the facility that would be susceptible to:
(i)Dust problems
(ii)Litter problems
(iii)Odor problems
(iv)Vector problems
(BB)A detailed description of the proposed measures (including methods, procedures and schedules) to control and prevent dust, litter, odor, and vector problems.
(CC)A description of the procedures to clean the refuse pit and other areas in the facility where any solid waste or residue is located. (Ref: §§ 4.3(L) through (O) of this Part).
(DD)A list of chemicals, including quantities to be used at the facility, amounts to be stored, location of storage, and safety procedures for handling and storage, as appropriate.
(10)Facility Maintenance: This section will include at a minimum:
(AA)A facility inspection plan to include:
(i)A list of items to be inspected.
(ii)The schedule and frequency of inspection for each item.
(iii)The basic elements to be included in the inspection of each item, including types of problems to look for and minimum criteria for acceptability.
(iv)Documentation and storage of inspection summaries.
(v)A general facility inspection and its schedule (at least annually).
(vi)The scope of inspection (§ 4.1(F)(2)(n)((10))((AA))((i)) of this Part) should include operational process equipment (to discover and correct malfunctions or deterioration, safety and emergency equipment, and to determine if operational errors are occurring), discharges (health or environmental hazards), and structural aspects of the facility. The schedule for inspection (§ 4.1(F)(2)(n)((10))((AA))((ii)) of this Part) should be based on the projected rate of equipment deterioration or malfunction and the probability of failure between inspections and whether or not adverse health or environmental effects may result if a failure occurs. The records (§ 4.1(F)(2)(n)((10))((AA))((iv)) of this Part) should include, at minimum, the date and time of inspection, inspector's name, observations and recommendations, and date and nature of any repairs or remedial actions. The general facility inspection should be performed under the direction of and certified by a Rhode Island Professional Engineer. This licensed engineer will prepare a summary report of findings and submit it to RIDEM.
(BB)A maintenance and overhaul plan to include:
(i)A list of items to be repaired on an ongoing basis, including a failure analysis.
(ii)The anticipated repair schedules for each item.
(iii)Schedules and procedures for major equipment replacement.
(iv)Maintenance contracts.
(v)A list of equipment dealers under contract to supply standby or emergency equipment, when required.
(CC)Spare parts plan to include:
(i)An analysis and list of parts that are expected to fail frequently.
(ii)Suggested list of spare parts, and quantity of each that will be maintained in the inventory, to allow the facility to remain operational.
(iii)Relative to each spare part, name of supplier(s) that readily supply the part.
(iv)Identification of method of recording spare parts usage and inventory control.
(DD)Miscellaneous support equipment to maintain operation of equipment functions, including, at minimum:
(i)Standby processing equipment (if any).
(ii)Equipment used to maintain any phase of facility operations.
G.Closure Plan: Pursuant to the requirements set forth in § 1.7(J) of this Subchapter, this plan will include the following, at minimum:
1.Planned or estimated year of proposed closure.
2.Measures taken to remove all remaining refuse and residue from the facility.
3.Methods to restrict access and prevent additional waste disposal at the facility, including physical description and location of any fences or gates placed at the facility.
4.Discussion of impact of closure on legal boundaries of site, changes in ownership, and description of anything that affects the legal boundaries of the site.
5.Intended future use of the facility, following closure (immediate and long-term use).
6.A financial estimate of the costs to properly close the facility. With respect to financial assurance (§ 1.7(J)(2) of this Subchapter), the applicant must post financial assurance for the full amount of the closure cost estimate as a pre-condition for the issuance of a solid waste management facility license.
H.Permits Section: List and describe all environmentally related authorizations and approvals that are required for this facility including, but not limited to, those from other Offices of RIDEM, other state agencies, federal agencies, local governments, agricultural districts, fire equipment insurance underwriters, and the appropriate electric utility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-140-05-4 § 4.2** Incinerator and Resource Recovery Facility Design Standards {#sec-250-ricr-140-05-4-4.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-4#4.2}
A.On-Site Roads and Vehicle Areas: The facility shall be designed in a manner which prevents traffic backups and related traffic hazards on access roads serving the facility and allows for an even and fluid vehicle flow on-site. The on-site roadway design configuration and layout shall provide sufficient roadway for unobstructed vehicular passages. Unobstructed vehicle passage shall be achieved and/or enhanced using parking areas, providing maneuvering space in the loading and unloading areas, and with traffic control measures (i.e. lane delineations, signals, directional and speed signs, and barriers, etc.). All on-site roadways used by refuse and residue vehicles shall be constructed and surfaced in accordance with standards for heavy truck usage.
B.Fencing and Gates: The facility shall be designed with perimeter security fencing, where necessary, and with gate controls to prevent unauthorized access to the site and to control the off-site escape of litter. Metallic chain link fencing, or its equivalent, extending to a height of six feet, shall be the minimum design standard.
C.Emergency Access: Provisions for emergency access, including roads if necessary, for fire, police, rescue, etc., must be included in facility design.
D.Waste Size Reduction Equipment: All such equipment which, due to the nature of its operation, may have the potential for explosion, shall be designed and equipped with an effective explosion detection and suppression system which shall be situated within the facility in such a manner so as to prevent the explosion and/or directionalize the force of any explosion in order to effectively minimize potential of human injury and minimize damage to the building.
E.Waste and Residue Storage Area Features: All tipping floors, sorting pads, waste or residue storage areas, bunkers and pits, where heavy vehicle usage will be employed, shall be constructed of concrete or other similar quality material and be able to maintain traction in wet and dry conditions. Floor drains shall be provided in all such areas and surfaces shall be appropriately graded to facilitate wash down operations. Floor drains shall be designed to recycle wastewater for appropriate uses or into a collection and treatment system approved by the Department and/or other appropriate authorities. If waste or residue storage pits are utilized, the base and sidewalls shall be sufficiently waterproofed to prevent groundwater intrusion. Tipping floors shall be designed with suitable wheel stops to prevent vehicles overdriving the pit edge.
F.Prohibited Waste in Refuse Pit: A part of the tipping floor shall include an area designed to accept prohibited waste or other waste that, for any reason, gets into the storage pit and needs to be unloaded from the pit.
G.Waste Storage Capacity: The facility shall be designed with sufficient internal storage areas for unprocessed incoming solid waste. The design shall account for maximum anticipated facility loading rate.
H.Temporary Holding and Storage Areas for Non-Processed Waste: The facility design shall include temporary holding areas for hot loads and prohibited loads, and temporary storage area of sufficient capacity and appropriate design for bypassed, separated, or recycled solid waste, where applicable.
I.Random Load Inspection Area: An area shall be included in the facility design for random inspection of incoming waste loads.
J.Hazardous Waste Storage Area: A hazardous waste storage area is required. The temporary storage area must be in compliance with hazardous waste regulations governing temporary storage areas for generators of hazardous waste.
K.Dust and Odors: Storage areas for solid waste to be incinerated at the facility shall be designed with the capability of maintaining interior pressure below that of the exterior atmosphere and shall employ a system of delivery doors, designed and operated to minimize the potential for migration of odors and dust outside the confines of the waste receiving and storage building. Air drawn off, as a result of maintaining negative pressure, shall be directed to the combustion chamber.
L.Feed Hoppers: The waste loading system servicing the combustion chambers shall be designed and equipped in such a manner as to prevent the occurrence of backfire into the feed hopper. The feed hopper shall also be designed to allow removal of refuse in case of equipment failure or plant shutdown.
M.Combustion Equipment: The combustion chambers and ancillary support equipment shall be designed with the capability of handling and effectively disposing of those wastes authorized for receipt at the proposed facility, taking into account the expected normal fluctuations in quantity, moisture content, heat release value, and chemical makeup of the wastes.
N.Instrumentation and Controls: Where possible, the facility subsystems shall be equipped with automatic process controls which contain the necessary instrumentation and related feedback mechanisms to ensure that process operational parameters are being met. Automated systems shall be equipped with manual override capabilities. Instrumentation displays and related control mechanisms shall be positioned within the facility in an accessible and highly visible manner for monitoring purposes.
O.Component and System Reliability: Redundant features or other system layout aspects shall be incorporated into the facility design to maximize on-line availability for the receipt of processing of solid waste. Mechanical components shall be constructed of materials that will withstand the rigors of facility operation and shall have a rated capacity that prevents backups and blockages within the related system. Replacement equipment and parts for equipment which is subject to excess wear or frequent breakdown, due to the nature of operation, shall be stored on-site to provide expedient repair. A properly sized parts storage area shall be included in the facility.
P.Facility Support Equipment: Appropriate heavy equipment and other facility operational support equipment, and a storage area for this equipment, shall be provided at the facility.
Q.Ash Design Standards: Design standards for the system of ash handling, collection, transfer and storage are provided in § 4.4 of this Part.
R.Liquids Spill Control: The facility shall be designed and equipped with appropriate control mechanisms to minimize and contain the accidental spillage of reagents, lubricants or other liquids used in the operation or maintenance of the facility, or any waste generated by such operation.
S.Fire Protection: The facility shall be provided with adequate stationary and portable firefighting equipment designed, sized and located to provide protection throughout the facility. The facility shall be designed with alarm and fire protection systems capable of detecting, controlling, and extinguishing any and all fires that may occur during operation.
T.Communication Systems: The facility shall be designed with adequate communication systems to support normal and emergency operating conditions.
U.Fire Walls: The facility shall be designed with appropriate fire rated walls as required by fire codes and shall provide an adequate design for emergency evacuation routes. The solid waste storage area and tipping area must be separated (by a wall) from the solid waste combustion equipment.
V.Water Supply: The water supply system shall be sized and designed to meet potable, sanitary, irrigation, process, and firefighting needs and shall include design redundancy to preclude interruption of water flow to the facility's internal firefighting water supply system. The sizing and design of this system may include satisfying appropriate types of water needs with non-potable water or recycled wastewater as a water conservation measure.
W.Backup Power Supply: The facility shall be designed with a backup power supply to ensure power supply to meet facility needs during facility outages and to provide adequate power during emergencies, including fires.
X.Plant Interior Layout: Interior layout design for all facilities shall provide for system installations that maximize accessibility for repairs, maintenance, and ease of cleaning, while affording employee safety.
Y.Utilities Demand: The design of the facility shall not place a demand exceeding the remaining use capability of existing utilities including, but not limited to, potable and non-potable water supplies, waste water and storm water collection and treatment (if applicable), energy supply and transmission, transportation systems, or any other site related infrastructure subsystems, except in those cases where plans have been developed or are being implemented to provide for the expansion of existing utility systems or establishment of new utility systems which will meet the additional demand generated by construction and operation of the facility.
Z.Buffer/Setback: A buffer and setback area shall be provided to allow for plant expansion or adequate planning for installation of pollution control equipment that may be required due to future advances in the state-of-the-art. All structures that store or process solid waste shall be designed with a minimum setback of two hundred (200) feet from the facility's property line. All other structures shall be designed with a minimum setback of one hundred (100) feet from the facility's property line.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-140-05-4 § 4.3** Incinerator and Resource Recovery Operating Standards {#sec-250-ricr-140-05-4-4.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-4#4.3}
A.Incinerator and resource recovery facilities shall meet all regulations set forth in this rule and shall comply with the provisions and limitations of all other regulations of the Department.
B.Traffic Flow: The delivery of solid waste to the facility and the removal of residues and recovered products from the site shall be scheduled so as to eliminate traffic backups and allow for fluid vehicular movement on site.
C.Signs: Sign(s) shall be erected at the entrance to the facility which are clearly legible and visible, and which contain the following:
1.Name of facility and operator,
2.Emergency phone number,
3.Restricted (prohibited) materials (if applicable),
4.Operating hours and days open.
D.Public Access Hours: 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 designed before and after normal operating hours to allow for "housekeeping chores". There shall be no public access to the facility during the latter time interval.
E.Gates: Gates at all entrances to the facility shall prevent public access to the facility at all times other than operating hours. These gates shall be locked when the site is unsupervised.
F.Waste Screening and Inspection: The owner or operator shall implement waste receiving area control procedures that provide for the screening and inspection of the incoming waste stream to prevent the acceptance of prohibited or unauthorized waste types, to operate in compliance with the "Rules and Regulations for Reduction and Recycling of Municipal Solid Waste", Subchapter 20 Part 2 of this Chapter and the "Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal Residential Solid Waste", Subchapter 20 Part 1 of this Chapter regarding source segregation of recyclable materials and, correspondingly, the maximum recyclable materials content in the incoming waste stream, and to remove undesirable or unprocessible materials prior to the initiation of processing, as provided in the approved operating plan.
G.Brush Handling: Any brush accepted at the facility must be chipped within one week after arrival or transferred for disposal within forty-eight (48) hours of arrival. Chipped brush may be stored up to one week at the site prior to on-site use or off-site use or disposal.
H.Waste Storage: With respect to waste storage:
1.Unprocessed, incoming solid waste to be incinerated shall be stored in pits, bunkers, or similar containment vessels, and shall be kept at all times at levels that prevent spillage or overflow.
2.All combustible and/or putrescible waste storage shall be conducted within the confines of a protective structure.
3.The capacity of the storage pit shall be equivalent to at least the rated capacity of the incinerator/combustion chamber for one and one-half (1 1/2) days of operation.
4.No combustible solid waste shall be stored for more than forty-eight (48) hours at the facility, except for three (3) day holiday weekends.
I.Substitute Disposal Provisions: The facility must have an alternate method of disposal, in writing, with another in-state or out-of-state licensed solid waste management facility for bypassing of incoming solid waste, in the event of equipment failure or forced shutdown which prevents the facility from receiving a part of or all of its normal solid waste input.
J.Recyclables Handling: Removal and handling of waste for utilization, salvage, or recycling shall be performed in a controlled manner that does not impede the proper operation of the facility, and that insures the health and safety of all persons engaging in such activities.
K.Special Solid Waste and Recyclables Storage: Incoming solid waste identified as oversized bulky, unprocessible or non-putrescible recyclables (if any) may be temporarily stored in closed-top containers at the facility, with the Department's permission and only for a time period approved by the Department, and as provided for in the approved operating plan.
L.Odors: Suitable measures shall be taken to minimize odors originating at the facility. This may be accomplished by immediate processing and/or disposing of waste at other solid waste management facilities. Methods shall be employed to prevent odors associated with putrification of stored waste.
M.Dust: The operator shall undertake suitable measures to control dust whenever necessary at the facility, on access roads to the facility, and all other areas related to the facility's operation. This may be accomplished by spraying small amounts of water over the dust producing area and/or by the application of suitable chemicals or paving materials on access roads.
N.Litter: Suitable measures shall be taken to minimize the scattering of refuse. The operator shall provide for routine maintenance and general cleanliness of all areas related to the facility's operation.
O.Vectors: The facility shall not operate unless any on-site vector population is minimized by appropriate techniques that will protect public health. Conditions shall be maintained that are sanitary and therefore unfavorable for the harboring, feeding, and breeding of vectors. Control of insects and rodents where needed shall be effected by means of a program directed by a professional exterminator utilizing insecticides and/or rodenticides or other means approved by the Department.
P.Open Burning: Open burning of any type shall be prohibited at the facility.
Q.Air Standards: With respect to air standards, the facility shall not violate state implementation plans approved or promulgated pursuant to: R.I. Gen. Laws Chapter 23-23, as are or as amended; the Rules and Regulations adopted to implement such chapter; and the Clean Air Act, 42 U.S.C. § 7401 et. seq.
R.Surface Water Pollution: The facility shall not cause pollution of the surface waters of the United States so as to violate the Water Pollution Act, R.I. Gen. Laws Chapter 46-12, or § 402 of the Clean Water Act, 33 U.S.C. §1251 et. seq., nor shall the facility cause a discharge of dredged material or fill in violation of § 404 of the Clean Water Act, as is or as amended.
S.Groundwater Pollution: The facility shall not cause pollution of any groundwater. 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, incorporated in § 1.3(A) of this Subchapter.
T.Wastewater and Liquid Waste: Any wastewater and liquid waste that is not recycled, but instead disposed, shall be disposed in a manner that does not pollute any source of private or public supply, any of the waters of the State or groundwaters. These wastes shall include, but not be limited to, water used to quench the incinerator residue, scrub the flue gas, clean the facility, liquid waste from the refuse collected in the storage pit, and tipping floor run-off.
U.Endangered Species: The facility shall not cause or contribute to the taking of any endangered or threatened species pursuant to the Endangered Species Act, 16 U.S.C.1531 et. seq., and/or the regulations adopted to implement such Act, and are or as amended. The facility shall not cause or contribute to the destruction or adverse modifications of the critical habitat of endangered or threatened species.
V.Residue and Recovered Material Storage: Facility ash residues, effluent (if any), and recovered materials (if any) shall be stored in bunkers, pits, bins or similar leakproof containment vessels, and shall be kept at all times at levels that prevent leakage, spillage, or overflow.
W.Ash Operating Standards: Operating standards for ash sampling, testing, characterization, management, disposal, and removal are provided in § 4.5 of this Part, Appendix B.
X.Facility Inspection and Maintenance: The operator of the facility shall maintain all facility systems and equipment in a manner that facilitates proper operation and minimizes system downtime.
1.Immediately following the initiation of facility operation, facility personnel shall begin routine inspections for operating effectiveness and equipment deterioration or malfunction.
2.Written records of inspection shall be maintained and be available for review by the Department.
3.A planned maintenance and overhaul schedule for major equipment shall be established and executed during facility operation.
Y.RIDEM Access: All land, buildings, facilities, and equipment used in the disposal, transfer, or processing of solid waste must be available for inspection by the Director at any time.
Z.Bird Hazard: The facility shall not pose a bird hazard to aircraft, as required per § 1.9(M)(3) of this Subchapter.
AA.Health and Safety: The facility shall be designed, operated, and maintained in such a manner to protect the health and safety of users of the facility and personnel associated with the operation of the facility, and persons in close proximity to the facility.
BB.Fire Protection: The facility shall not pose a fire hazard to persons or property. All buildings must have a suitable quantity of water at sufficient pressures, on each floor, suitable for firefighting purposes and approved by the local fire authority.
CC.Emergency Support Services: The facility shall have arrangements, in writing, from nearby fire, police, rescue, medical services, hazardous waste emergency response company and hazardous waste transporter to provide emergency services in case of fires, explosions, hazardous waste incidents or other similar emergencies.
DD.Personnel Requirements: The facility shall maintain sufficient personnel during each operating shift to assure the proper and orderly operation of all components and systems, along with the ability to handle all routine maintenance requirements. Such personnel shall have sufficient educational background, employment experience and/or training to enable them to perform their duties in a competent and safe manner.
EE.Facility Management: Each operating shift shall have a designated shift supervisor or equivalent to direct and implement operational decisions during that shift.
FF.Training and Certification Programs:
1.A comprehensive training program covering normal job responsibilities and procedures, emergency situations, and procedures and safety issues, shall be provided to facility employees.
2.Employees involved with the operation and maintenance of the facility shall receive training at least annually. These include, but are not limited to, the chief facility operator, shift supervisors, control room operators, ash handlers, maintenance personnel, and crane/load handlers.
3.Facility specific training and operating manual(s) shall be used for training of personnel in § 4.3(FF)(2) of this Part. The manual(s) shall be kept up to date, with any necessary revisions made at least annually. The manual(s) shall be kept in a readily accessible location and shall be available for inspection by the Department.
4.The initial review of the training and operating manual(s) shall be conducted prior to assumption of operational job duties, for all personnel mentioned in § 4.3(FF)(2) of this Part.
5.The chief facility operator and the shift supervisor for each operating shift shall obtain and keep current ASME operator certification or an equivalent certification approved by the Department. Also, the facility shall not operate at any time without the presence of a certified shift supervisor or other certified operator.
GG.Training Records: Training records that document the type and amount of training received by current facility personnel shall be maintained at the facility in accordance with the approved operating plan.
HH.Contingency Planning: Contingency plans and procedures to handle fires, explosions, hazardous waste incidents, and similar emergencies shall be developed for facility personnel and in conjunction with supporting local authorities (fire, police, rescue, and medical groups), prior to facility operation. Training and practice to handle these emergencies shall be periodically provided during the operation of the facility.
II.Communications: A suitable means of communication (telephone, two-way radio, etc.) shall be available at the facility, and shall be maintained in good working order.
JJ.Closure Plans: The facility shall adhere to appropriate closure procedures:
1.The facility must notify the Department at least three (3) months prior to the anticipated date that closure operations are to begin.
2.The facility must implement the approved closure plans.
3.Requests for deviations from previously approved closure plans shall be in writing, and written approval from the Department must be obtained prior to implementation.
4.After the closure plans have been fully implemented, the Department shall be notified so that an inspection may be made by the Department personnel. A list of the deficiencies, if any, will be returned to the owner of the facility. A final inspection will be required after all deficiencies are corrected.
5.A professional engineer registered in the State of Rhode Island must certify that the facility is properly closed in accordance with the approved closure plan.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-140-05-4 § 4.4** Incinerator Ash Design Standards {#sec-250-ricr-140-05-4-4.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-4#4.4}
A.Ash Separation: The facility must be designed to allow for the possibility that fly ash and bottom ash will not be mixed. There must be provisions for separate handling, collection, transfer and storage facilities for each of the ashes.
B.Ash Transport: An ash transport system shall be provided for transfer of the bottom ash and fly ash and spent scrubber reagent (if applicable) from the combustion process to residue storage area(s). A secondary system shall be provided in case of breakdown of the primary transfer system.
C.Ash Quenching: Vessel(s) shall be provided to quench or cool all siftings, and ash residues. The vessel(s) shall be designed to handle the maximum potential ash volumes that could be generated when operating at maximum design throughput capacity refuse. The quench vessel shall be designed to maintain a water level of sufficient height to prevent infiltration of exterior air into the combustion chamber, while maintaining suitable freeboard to prevent spillage.
D.Ash and Recovered Materials Storage Capacity: The facility shall be designed with sufficient internal storage area for ash and recovered materials (if applicable). Ash storage areas must be designed and installed in compliance with requirements for storage of hazardous waste at new hazardous waste management facilities (40 C.F.R. § 264, Subpart J, incorporated in § 1.3(A) of this Subchapter). The volume of the storage area shall be based on ash generation rates, ash sampling frequency, ash tests and laboratory turnaround time, contractual arrangements with other licensed temporary storage sites and/or licensed final disposal sites and scheduling with transporters.
E.Ash Drains and Liquids Collection Chambers: All floor drains and/or collection chambers for liquid run-off from the ash storage area shall be designed to drain to the ash quench basin and there shall be no connection with sanitary or storm sewers.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-140-05-4 § 4.5** Incinerator Ash Operating Standards {#sec-250-ricr-140-05-4-4.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-4#4.5}
A.Ash Sampling and Testing: Facility ash residues shall be tested for hazardous characteristics. Sampling and testing will be in accordance with whatever techniques are acceptable to RIDEM and that, at minimum, satisfy the Code of Federal Regulations and/or U.S. EPA requirements. The procedures shall apply to either the combined or separate fly ash and bottom ash, dependent upon the EPA interpretation of the hazardous waste "mixing rule" at the concurrent time of incinerator start-up, shakedown, or during normal operation after the shakedown period.
B.Unless otherwise directed by RIDEM or unless the applicant proposes an alternate sampling and testing plan acceptable to RIDEM, the following guideline shall be used for ash sampling and testing:
1.Sampling will be performed in triplicate, i.e. each sampling will require the collection of three representative samples. The EPA interpretation of the hazardous waste "mixing rule" will determine the makeup of the three representative samples, i.e., three samples of combined ash or three samples each of the fly ash and bottom ash. Each representative sample will be taken in accordance with RIDEM approved sampling methods.
2.Ash shall be tested daily for TCLP metals and weekly (starting with the first sample) for complete TCLP toxicity and 2,3,7,8 - TCDD during the period of facility start-up and shakedown, and for six months thereafter. For an additional period of one year thereafter, daily testing for TCLP metals shall be employed, while the frequency of testing for complete TCLP toxicity and 2,3,7,8-TCDD will be reduced to once per month. RIDEM shall determine when shakedown has been completed and shall define the frequency and substance of testing that be required after this additional one year period. Complete TCLP toxicity includes testing for eight (8) metals, six (6) pesticides and herbicides, and twenty-five (25) other organic chemicals and any additional constituents required by revisions of the TC rule (if any).
C.Ash Characterization: Ash that is generated the day of sampling takes place and ash that is generated on subsequent day(s) until the next sampling will be determined to be hazardous waste or non-hazardous waste, based on the lab analysis of that sampling.
D.Hazardous Ash Management: Ash that is determined by testing to be hazardous waste shall be managed as hazardous waste to include storage, transportation, and disposal of the ash.
E.Ash Disposal: The facility must have an agreement in writing with at least one licensed solid waste management facility for the disposal of ash determined by testing to be nonhazardous waste. The facility must also have an agreement in writing with:
1.At least one licensed hazardous waste landfill for the permanent disposal of ash determined by testing to be hazardous waste or which the facility elects to dispose as hazardous waste; or
2.At least one licensed hazardous waste storage facility for the temporary storage of ash determined by testing to be hazardous waste or which the facility elects to dispose of as hazardous waste, pending a contract with a licensed hazardous waste landfill for permanent disposal.
F.Hazardous Ash Removal: Any ash residue determined by testing to be hazardous waste shall be removed from the site within forty-eight (48) hours by the operator's licensed hazardous waste hauler to a licensed hazardous waste temporary storage facility or to a licensed hazardous waste landfill for permanent disposal.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-03-15 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
#### **250-RICR-140-05-5** Solid Waste Regulation No. 5 Waste Tire Storage and Recycling Facility
##### **250-RICR-140-05-5 § 5.1** Waste Tire Storage and Recycling Facility {#sec-250-ricr-140-05-5-5.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-5#5.1}
A.General Information: This rule has been prepared pursuant to, and under the authority of R.I. Gen. Laws Chapter 23-63.
1.In addition to the general requirements set forth in § 1.7 of this Subchapter, each application for a license to construct and operate a Waste Tire Storage and Recycling Facility subject to this rule must meet the following requirements.
B.Site Plan: A site plan including all of the information listed below for all areas within the site shall be submitted. The site plan must be drawn to an appropriate scale adjusted to fit on a standard size sheet. The required information includes:
1.Proposed leachate collection and treatment facilities
2.Buildings
3.Wells
4.Surface water courses
5.Roads
6.Areas to be used for storing recyclables, pre-processing residue, and after-processing residue
7.Legal boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island
8.Power and pipe lines and utilities
9.Proposed fences
10.Weighing facilities
11.North arrow
12.Legend
13.Locations of buffer zones
14.Locations of loading and unloading areas
15.Locations of tipping, sorting, processing and treatment areas
16.Landscaping
17.On-site traffic patterns
18.Site drainage facilities
19.Areas to be used for the storage of non-recyclables
C.Construction and Engineering Plans: A complete set of construction and engineering plans and specifications relating to all buildings and equipment of the facility must be submitted to the Department.
D.Operating Plan:
1.An operating plan shall be submitted which includes information on all of the areas listed below. The duration of the operating plan shall equal that of the license. The operating plan shall be reviewed by the applicant prior to license renewal and any change to such plan shall be submitted to the Department for approval at that time.
2.The applicant must demonstrate an ability to comply with all General Operating Standards and with the Waste Tire Storage and Recycling Facility Operating Standards listed in § 1.9 of this Subchapter and § 5.2 of this Part, respectively. The following information shall be included in the plan:
a.Operating hours
b.Operating and design capacities
c.Types of solid waste to be collected, stored, treated, processed and/or disposed
d.Personnel and duties
e.Dust control program
f.Odor control program
g.Litter control program
h.Vector control program
i.Disposal quantities and arrangements for non-recyclables
j.Communications equipment available
k.Provisions for limited access
l.Weighing facilities
m.Fire control and prevention provisions
n.On-site traffic patterns
o.Methods describing how non-processible waste, including tire rims, hazardous waste and wastes not authorized by the Department, will be identified and handled at the facility.
p.Identification of how/where recyclables which cannot be marketed will be stored or disposed
q.Identification of provisions or methods of solid waste and leachate containment
r.Identification of proposed markets for recycled products
s.Routine maintenance and house cleaning schedules
t.Groundwater Monitoring Plan
E.Contingency Plan:
1.Applications for Waste Tire Storage and Recycling Facilities must include a Contingency Plan. The Plan must include, but not be limited to, the following:
a.Scope - The contingency plan must be designed to minimize hazards to human health and the environment resulting from fires, releases into the air, onto the soil, or into groundwater or surface water.
b.Contents - The contingency plan must describe the actions facility personnel will take in response to fires or releases, which could threaten human health or the environment, and actions to be taken if the facility is shut down for more than 24 hours. The plan must also include a map indicating the locations of all fire prevention measures and firefighting equipment, including berms, booms, soil stockpiles, fire extinguishers, etc. used to collect or prevent runoff.
F.Closure Plan: Pursuant to the requirements set forth in § 1.7(J) of this Subchapter, the applicant shall submit a closure plan which includes information on the following:
1.Fences, gates, and all other security measures to prevent unauthorized access to the site.
2.Legal boundaries.
3.Measures taken to remove all remaining refuse and residue.
4.Planned or estimated year or time period of proposed closure.
5.Methods of restricting access and preventing additional waste disposal.
6.Methods of protecting ground and surface water.
7.Intended future use of the facility.
8.A financial estimate of the costs to properly close the facility. With respect to financial assurance § 1.7(J)(b) of this Subchapter, the applicant must post financial assurance for the full amount of the closure cost estimate as a pre-condition for the issuance of a solid waste management facility license.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-05-5 § 5.2** Waste Tire Storage and Recycling Facility Operating Standards {#sec-250-ricr-140-05-5-5.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-5#5.2}
A.General Information
This rule has been prepared pursuant to, and under the authority of, R.I. Gen. Laws Chapter 23-63.
B.Applicability
1.This rule applies to all persons engaged in the used tire recycling or recovery business within the State that store or have designs to store in excess of four hundred tires.
a.Existing waste tire storage facilities shall comply with the provisions of these rules in accordance with § 1.10 of this Subchapter.
b.An application for a license to operate an existing Waste Tire Recycling Facility must satisfy the requirements of § 5.1 of this Part and must also contain a plan and time frame for modifying the existing facility to comply with this rule.
C.Waste Tire Storage
1.Storage of waste tires must meet the following requirements:
a.Whole tire piles must not exceed 20 feet in height. Horizontal dimensions of waste tire piles at the base of the pile must not exceed 200 feet in length and 50 feet in width.
b.Waste tire piles must have a minimum separation distance of 50 feet between piles, and between a pile and buildings and other structures.
c.Waste tire piles must have a minimum separation distance of 200 feet from property lines.
d.The facility must not store waste tires in excess of the quantity for which the facility is licensed.
e.Tires that are chipped or shredded into 8-inch diameter pieces or smaller may be stored in piles not exceeding 200 feet in length, 150 feet in width, and 20 feet in height.
f.Waste tires may not be stored in excess of 6 months. For the purpose of complying with this rule, a facility must be able to demonstrate that, on a throughput basis, it is processing 75 percent of the total amount of tires on site within a six (6) month period, or for each six (6) month period the facility is in operation.
D.Sorting of Waste Tires
Tires must be unmounted. Any solid waste resulting from facility operation must be stored in Department approved areas until removed from the facility. Facilities that remove and recover rims may store mounted tires in a manner approved by the Department and only for a time approved by the Department.
E.Processing of Waste Tires
1.All waste tire-recycling facilities are required to chip, pulverize or process all waste tires within a Department approved time frame.
2.A description of the facility's tire reduction/processing techniques must be included in the facility's operating plan.
F.Fire Prevention and Control
1.Approved roads to the facility and access roads within the facility must be constructed for all weather conditions and must be maintained in passable condition at all times to allow for access by fire fighting and emergency response equipment.
2.The facility must be maintained free from weeds, trees, and vegetation which may restrict access to or operations of the facility.
3.The facility must be constructed to prevent the uncontrolled collection and pooling of water on the facility.
4.Waste tire facilities must have, at a minimum, a soil stockpile with approximately 2000 cubic yards of soil available for each 4 acres of storage, and fully charged large capacity carbon dioxide or dry chemical fire extinguishers located in strategically placed enclosures throughout the entire facility in quantities as deemed necessary in the operating plan.
5.Waste tire piles must have access to a water supply, such that any part of the storage pile can be reached by using not more than 500 feet of hose, or a distance that is approved by the local firefighting company.
6.Waste tire piles must be accessible on all sides to fire fighting and emergency response equipment.
7.Due to the specific fire hazard that tires represent, all Waste Tire Storage and Recycling Facilities are required to provide surety or insurance in an amount sufficient to cover the cost of handling the worst-case contingency identified in the contingency plan, or closure of the facility at its maximum capacity (whichever is greater).
G.Vector Control
1.Waste tire piles must be maintained in a manner which limits mosquito breeding potential and other vectors. Methods of acceptable vector control may include one or more of the following:
a.Covering by plastic sheets or other impermeable barriers, other than soil, to prevent the accumulation of precipitation.
b.Chemical treating to eliminate vector breeding provided all chemical treatment programs used as part of the vector control plan first receive Department approval.
c.Mechanical tire size reduction into pieces no larger than eight inches in diameter, with storage in piles, per §§ 5.2(C) and (D) of this Part that allows complete water drainage.
d.Other methods that may be approved by the Mosquito Abatement Board.
H.Security Plan
Facilities must be enclosed by a woven wire, chain-link or other acceptable fence material, at least six feet in height. Access must be controlled by lockable gates. Fences must be a minimum distance of two hundred (200) feet from tire piles and tire processing areas.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-140-05-6** Solid Waste Regulation No. 6 Petroleum Contaminated Soil Processing Facility
##### **250-RICR-140-05-6 § 6.1** Petroleum Contaminated Soil Processing Facility {#sec-250-ricr-140-05-6-6.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-6#6.1}
A.General Information: All general requirements set forth in § 1.5 of this Subchapter must be submitted.
B.Applicability: §§ 6.1, 6.2, 6.3, and 6.4 through 6.9 of this Part regulate the design, construction, and operation of facilities that process virgin petroleum contaminated soil that has been generated from aboveground or underground petroleum leaks or spills.
C.Radius Plan: A radius plan, including all the information listed below, shall be submitted. A radius plan must be drawn to a minimum scale of one inch to two hundred feet (1" = 200 feet) adjusted to fit on standard 24 x 36 inch sheets and including all areas within a one quarter (1/4) mile radius out from all property lines on the site. The required information includes:
1.Zoning of the area as required in § 1.5(E)(5) of this Subchapter.
2.Legal boundaries of the site certified by a Registered Land Surveyor in the State of Rhode Island.
3.All roads.
4.All buildings and dwellings.
5.All water supplies (wells, etc.).
6.All surface water courses.
7.North arrow.
8.Locus Plan.
D.Site Plan: A site plan, including all of the information listed below for all areas within the site, shall be submitted. The site plan must be drawn to a minimum scale of one inch to one hundred feet (1" = 100 feet), adjusted to fit on standard 24 x 36 inch sheet(s). The required information includes:
1.Legal boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island.
2.Proposed fences and gates.
3.Roads.
4.On-site traffic patterns.
5.Employee and visitor parking areas and truck parking areas.
6.Weighing facilities.
7.Buildings and equipment.
8.Load inspection area.
9.Unprocessed soil storage area(s).
10.Temporary storage area(s) for bulky, unprocessible, or prohibited waste.
11.Ash storage area.
12.Residue disposal area.
13.Processed soil storage area(s).
14.Power and pipe lines and other utilities (e.g. water, sewer, gas, electric, telephone, etc.) including:
a.Any aboveground or underground active or abandoned utility lines.
b.Any aboveground or underground storage tanks.
15.Fuel storage area(s).
16.Wells, including groundwater supply and groundwater observation wells.
17.Surface water courses.
18.Proposed leachate collection and treatment facilities.
19.Site drainage facilities.
20.Fire protection equipment.
21.Landscaping.
22.Buffer zones.
23.North arrow.
E.Construction and Engineering Plans and Specifications: A complete set of construction and engineering plans and specifications relating to all buildings, structures, equipment, and key features of the facility must be submitted to the Department.
F.Operating Plan
1.An operating plan shall be submitted including information on all numbered sections below. The minimum requirement for information to be provided is outlined in each section.
2.The applicant must demonstrate an ability to comply with the General Operating Standards (§ 1.7 of this Subchapter), as well as the petroleum contaminated soil processing facility operating and design standards in §§ 6.2 and 6.3 of this Part respectively. The following information shall be included in the operating plan:
a.Operating Rates and Design Capacities
(1)Expected contaminated soil processing rate (tons/hour and/or tons/day), including ranges and average rate.
(2)Rated contaminated soil processing capacity of the facility (tons/hour and/or tons/day).
b.Population and Service Area
Expected source(s) of soil, by type of spill or application.
c.Operating Hours
(1)The days and hours that the facility will be open to receive contaminated soil, and when soil will be processed.
(2)Discussion of any seasonal variations in the operating hours, including planned facility shutdown periods (if any).
d.Provisions for Limited Access (see also § 1.7(C) of this Subchapter)
(1)Description and name of access road(s) into the facility and egress road(s) from the facility.
(2)Security equipment and location, including physical description of any fencing around the facility and physical description of barriers or gates at access/egress points.
(3)Any natural land features or other conditions which prevent access to the facility.
(4)Security personnel locations, activities, and work schedules (if any).
e.Waste Analysis Plan
The goal of the waste analysis plan is to ensure that the facility does not accept any hazardous waste; or any non-hazardous waste for which it is not licensed, or which may pose a threat to human health or the environment. Details of information to be included in the waste analysis plan are provided in § 6.4 of this Part.
f.Transportation Practices
(1)A description of transportation practices to be used by transporters of incoming and outgoing soil (see § 6.2(E) of this Part for further details).
(2)Discussion of on-site traffic control measures and traffic flow patterns.
g.Manifested Loads and Rejected Loads
(1)A description of the procedure to be used for accepting manifested material, if any.
(2)Explanation of how rejected loads (including waste classified as hazardous by the Rules and Regulations for Hazardous Waste Management, Subchapter 10 Part 1 of this Chapter]) will be handled.
h.Weighing Facilities
(1)Physical description of weighing facilities.
(2)Details of information to be recorded on incoming vehicles carrying solid waste, outgoing empty vehicles and outgoing vehicles carrying non-processible wastes, rejected loads, processed soil, etc.
(3)Description of any equipment used to record and store weighing information.
i.Operating Logs
A description of the operating log(s) which will be maintained at the facility, including samples of forms. A running inventory shall be maintained of the wastes which are accepted, processed, and sent off-site. The date of acceptance, date of processing, and source of material should also be identified.
j.Storage of Unprocessed and Processed Soil
A description of the storage method to be used for the incoming waste and outgoing material. The incoming waste storage must minimize precipitation run-on and run-off and must segregate different shipments pending analysis. The storage capacity of the facility must be provided (see §§ 6.3(B) and (C) of this Part for further details).
k.Process Equipment
A description of the process equipment must include any air pollution control equipment. Operating parameters and process capacity must also be included. Process control and instrumentation shall be delineated.
l.Loading and Unloading
A description of the loading and unloading operations at the facility, including a description of how dust will be minimized.
m.Facility Housekeeping Procedures
(1)Identification of the areas at the facility susceptible to:
(AA)Dust problems.
(BB)Litter problems.
(CC)Odor problems.
(DD)Vector problems.
(2)A detailed description of the proposed design and/or operational procedures to control and prevent these problems.
n.Air Pollution
A description of how compliance with § 1.4(C) of this Subchapter will be achieved.
o.Water Pollution
(1)A description of water and wastewater treatment and disposal (if any).
(2)A description of procedures showing how compliance with § 1.4(B) of this Subchapter will be achieved.
p.Residue Storage and Disposal
(1)A description of how any residues collected in the air pollution control equipment will be managed. This material should be periodically tested to determine if it is hazardous waste.
(2)Identification of the residue's ultimate use or disposal destination.
q.Non-processible and Bulky Waste
A description of how any non-processed (prohibited or screened) waste is handled, managed, and disposed.
r.Processed Soil
(1)Identification of the intended uses of the processed soil (see § 6.2(F) of this Part for further details).
(2)Identification of the allowable limits of analytical parameters in the processed soil, and discussion of sampling procedures.
(3)Discussion of management of any soil is rejected because it fails tests in § 6.1(F)(2)(r)((2)) of this Part, or for any other reasons.
s.Inspection
(1)Discussion of facility items to be inspected on a regular basis.
(2)An inspection schedule to be followed by plant personnel to monitor the equipment, and provide for remedial action, if needed.
(3)Sample of inspection form or documentation of inspection.
t.Routine Overhaul and Maintenance
(1)A list of facility items to be repaired or maintained on an ongoing basis.
(2)The anticipated schedule for repair or maintenance of each item.
(3)Technical literature (if any) on inspection, maintenance, and overhaul procedures.
u.Substitute Disposal and/or Transfer Arrangements
(1)Identification of an alternate solid waste management facility to process or dispose of contaminated soil and other solid waste on site, in the event of equipment failure or facility shutdown.
(2)Discussion of outage time intervals that would trigger actions in § 6.1(F)(2)(u)((1)) of this Part.
(3)Documentation of the agreement with the substitute facility.
v.Personnel and Duties
(1)Staffing
(AA)An organizational/manning chart for the facility.
(BB)Job descriptions, i.e., duties and responsibilities for each facility position. Include any requisite skills, experience, etc., where appropriate.
(CC)In the event of a multiple-shift operation, the staffing provided for each shift.
(2)Personnel Training
A description of the procedures to be used for training personnel to operate the facility in accordance with regulations and in a safe manner. An outline of the training curriculum and sample training documentation must be provided.
w.Personnel Protection and Safety
(1)Discussion of design, operation, and maintenance safety provisions, per § 1.7(M)(1) of this Subchapter.
(2)Personnel safety equipment and clothing used for normal work activities.
(3)Protective equipment and clothing for emergency situations.
x.Fire Control and Prevention Provisions
(1)Discussion of facility design or operating provisions, relative to fire prevention.
(2)A description of the specific fire protection equipment on site, water supply for firefighting and other firefighting media, along with a justification of its adequacy.
(3)Documented agreement with nearby fire department to provide emergency service whenever called.
y.Contingency Plan
An outline of specific steps to be taken in the event of any foreseeable emergency or accident.
z.Communication Equipment
Description of the type(s) of communication devices available in the facility. A telephone is a requirement.
aa.Records
A list of all documents that will be stored as records of facility operation, the storage location, and the time period the information will be retained.
bb.Aesthetics
Discussion of any landscaping, buffering, setbacks, or other measures to reduce potential negative visual impacts off-site.
G.Closure Plan. This plan will include the following, at minimum:
1.Planned or estimated year or time period of proposed closure.
2.Measures taken to remove all remaining contaminated soil and any other solid waste from the facility. At least two off-site disposal facilities should be identified.
3.A description of the decommissioning and cleaning of the facility before it is taken out of service. All surfaces which were in contact with contaminated soil must be cleaned with a steam jenny and the resulting wash waters must be handled appropriately. Some criteria, either visual or analytical or both, must be proposed for verifying when decontamination is satisfactory. Any contractors or off-site facilities to be used should be identified.
4.Methods to restrict access and prevent additional waste disposal at the facility.
5.Physical description and location of any fences or gates placed at the facility.
6.Legal boundaries of the closed area.
7.Methods of protecting ground and surface water and controlling air emissions in the vicinity of the facility.
8.Intended future use of the facility following closure (immediate and long-term use). The ultimate fate of all equipment used in the licensed operation should be discussed.
9.With respect to the closure cost estimate (§ 1.5(J)(2)(a) of this Subchapter), the scenario chosen for the estimate shall be derived from the most expensive reasonably foreseeable situation; e.g., third party labor costs and off-site disposal of all stock-piled soil. It should not be assumed that the facility will be able to process the remaining soil, or that facility personnel will be able to carry out the closure plan. All costs, e.g., administrative, labor, equipment, analytical, etc. must be included. The source of any price quotations should be identified.
10.With respect to the financial assurance (§ 1.5(J)(2)(b) of this Subchapter), the applicant must post financial assurance for the full amount of the closure cost estimate as a pre-condition for the issuance of a solid waste management facility license.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-05-6 § 6.2** Petroleum Contaminated Soil Processing Facility - Operating Standards {#sec-250-ricr-140-05-6-6.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-6#6.2}
A.Field Sampling to Provide Analytical Data for Evaluation of Candidate Soil
The contaminated soil must be sampled and tested to adequately characterize it and to minimize the potential of accepting hazardous materials or materials that the soil processor is not permitted to accept. Details of field sampling and test strategies are provided in § 6.5 of this Part.
B.Laboratory Tests of Field Site Samples
Samples of contaminated soil from field sites must be tested in a certified laboratory as part of the soil verification procedures. Details of parameters to be analyzed in the tests are provided in § 6.6 of this Part.
C.Fingerprint Analysis and Testing
Inspection, sampling, and testing of soil arriving at the facility shall be performed. Details of the inspection and the parameters to be analyzed in the tests are provided in § 6.7 of this Part.
D.Sampling of Incoming Loads at Processing Facility for Fingerprint Analysis
Appropriate sampling of soil arriving at the facility shall be performed in order to adequately fingerprint the soil and minimize the potential of accepting hazardous waste. Details of fingerprint sampling are provided in § 6.8 of this Part.
E.Transportation Practices
1.Measures shall be employed to minimize precipitation run-on, prevent loss of soil or contaminants from the truck, and prevent a spill of material, while in transit. This applies to incoming soils and outgoing rejected contaminated soil or processed soil. Recommended measures include:
a.A secured cover placed over the soil.
b.A gate sealing method to prevent leakage of any run-off of soil contaminant.
c.A chain wrapped around the gate, as an additional securing feature to prevent the weight of the load from forcing open the gate.
2.Additional measures may be required by other states, when interstate transfers are involved, and if the affected state(s) regulates this soil as a hazardous waste. It shall be the responsibility of the soil processor to inform the transporter, in advance, of the need to comply with these practices. Failure of the transporter to follow these instructions shall be grounds for load rejection by the processor.
F.Acceptable Uses of Processed Soil
1.Any material processed by RIDEM licensed solid waste management facilities, or by out-of-state facilities and to be re-used within Rhode Island, may be used for any of the following applications:
a.Aggregate in asphalt production.
b.Road base material (provided covered by asphalt). Approval must be obtained from RIDEM Office of Water Resources for each site or application where this road base material is proposed to be used.
c.Landfill cover material in any licensed RI landfill.
G.Limits of Parameters in the Processed Soil
1.Any soil to be used as aggregate for asphalt production within Rhode Island shall meet the specifications of the appropriate party, e.g., RIDOT specifications, when used on public state highways. Periodic testing of the aggregate and/or asphalt shall be performed at the processing facility to demonstrate that the material meets specifications.
2.Any soil to be used as a landfill cover or road base material shall have TPH of 300 ppm or less and shall meet any other specifications required by the given landfill operator/owner or by the buyer of the road base material. The landfill must amend its RIDEM operating plan to show it will be accepting this material for landfill cover.
H.Sampling of Processed Soil at Processor's Facility
Appropriate sampling and testing of the processed soil shall be performed to determine the extent of residual petroleum contaminant in the soil or due to other requirements (if any) of the accepting party. Details of the sampling and test strategy are provided in § 6.9 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-05-6 § 6.3** Petroleum Contaminated Soil Processing Facility - Design Standards {#sec-250-ricr-140-05-6-6.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-6#6.3}
A.Process Equipment
1.Process equipment shall be designed to include the best available air pollution control equipment to ensure the most complete destruction of vaporized hydrocarbons.
2.This may include after-burner equipment or other equally efficient methods.
B.Design of Storage Chamber for Incoming Contaminated Soil
1.An enclosed structure(s) and a permanent roof to keep out adverse weather elements shall be provided.
2.Soil shall rest on a permanent, impervious floor, sloped to channel any run-off petroleum products and water to a collection point or area.
3.Berming of the structure (including any opening in the building for vehicle access) shall be provided to prevent inflow of rainwater (run-on) and to prevent run-off of petroleum contaminant/water from the storage piles onto soil outside the enclosure.
4.Adequate venting, such as through use of roof vents, shall be provided to prevent build-up of petroleum vapors.
5.Natural lighting, rather than electric lighting or other types of artificial lighting, shall be provided.
6.Electric power sources or any other sources of heat or sparks shall be avoided. Electrical devices, if any, shall meet the appropriate fire codes governing prevention of sparks.
7.Soil storage, prior to completion of the fingerprinting process, includes the following options:
a.Storage in the enclosed structure(s) with provisions to allow for, at minimum, all loads from a given generator site to be segregated from loads from other sites until fingerprint sampling and testing has been completed and the loads have been accepted for processing.
b.Storage in trucks at the facility until the soil has been fingerprinted and has been accepted for processing. The trucks shall be covered until the soil is unloaded.
8.Sufficient storage capacity shall be provided for soils to be stored per § 6.3(B)(7)(a) of this Part, as well as for soils that have been accepted and are awaiting transfer to the kiln for processing.
C.Design of Holding Area for Processed Soil at Process Facility Site
1.Processed soil that has a total petroleum hydrocarbon (TPH) concentration of less than 300 ppm may be stored at the process facility site without any containing enclosure or holding pad.
2.Processed soil that has a total petroleum hydrocarbon (TPH) concentration of 300 ppm or greater must be stored on an impervious holding pad, and adequately bermed to prevent run-off from the pile from escaping to the surrounding soil.
3.Adequate erosion and sedimentation control to minimize effect of any run-off from the stored processed piles should be included.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-05-6 § 6.4** Details of Waste Analysis Plan (Per § 6.1(F)(2)(a) of this Part) {#sec-250-ricr-140-05-6-6.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-6#6.4}
A.The waste analysis plan must specify exactly what kind of materials the facility proposes to accept for processing. The soil shall be contaminated with only virgin petroleum products and associated spill clean-up debris. Language like "such as" or "etc" used in describing the incoming waste streams is unacceptable. In addition to the types of accepted material, numerical limits must be proposed for all significant contaminated soil parameters including, at a minimum, flashpoint, total petroleum hydrocarbons (per any equipment processing limitations), non-halogenated volatile organic compounds, halogenated volatile organic compounds, EP toxic metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver), polychlorinated biphenyls (PCB), cyanide, and Ph. The acceptable physical state of the contaminated soil must also be specified. The waste analysis section of the operating plan must also provide a comprehensive waste verification procedure. This refers to efforts by the waste processing facility personnel to ensure that the soil received is contaminated by only virgin petroleum products and associated spill clean-up debris and that the possibility of accepting hazardous waste is minimized. Verification also allows the processor to assess if the processing equipment employed for soil clean-up will be adequate to handle the waste, given the levels of contaminant and any required limits of contamination in the cleaned product. Steps in the verification procedure include at least:
1.Pre-screening of the waste through initial discussion between generator and waste processor.
2.On-site visit by waste processor personnel to inspect the waste pile.
3.Field sampling and subsequent lab testing (see §§ 6.2(A), 6.2(B), 6.5, and 6.6 of this Part for further details).
4.Documentation information supplied by the generator in the contaminated materials profile sheet and reviewed and accepted by the processor.
5.Fingerprinting (inspection, sampling, and testing) of incoming waste, as it arrives at the processing facility (see §§ 6.2(C), 6.2(D), 6.7, and 6.8 of this Part for further details).
6.Other administrative forms, to be completed by the generator, transporter, and processor, to minimize the potential of accepting any waste other than that which was originally tested.
B.Other key elements of the waste analysis plan shall include sampling techniques and protocol, identification of sampling personnel, identification of laboratories that perform sample analyses, and the quality assurance/quality control measures to ensure data integrity.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-05-6 § 6.5** Field Sampling to Provide Analytical Data for Evaluation of Candidate Soil (Per § 6.2(A) of this Part) {#sec-250-ricr-140-05-6-6.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-6#6.5}
A.The following represents a minimal sampling and testing strategy. Additional sampling may be required at a given site, on a case-by-case basis, to adequately characterize the contaminated soil and to minimize the potential of accepting hazardous materials or materials that the soil processor is not permitted to accept.
1.Scenario 1: For projects where contaminated soil has been excavated and stockpiled and where the piles are "homogeneous" or "heterogeneous" defined as follows:
a.Homogeneous Pile or Site - A contaminated soil pile or site, where it is known or suspected that only one type of spill material (contaminant) has occurred either in a single spill or leak or multiple spills or leaks. Also, the pile or site has an appearance of being approximately evenly contaminated (approximately same concentration of contaminant throughout) based on visual observation and/or using portable contaminant monitoring devices.
b.Heterogeneous Pile or Site - A contaminated pile or site, where it is known or suspected that one or more spills of one type of spill material (contaminant) has occurred in a defined area or sector of the pile or site, while one or more spills of a second type of spill material has occurred in a different, defined area or sector of the pile or site. Or
c.A contaminated pile or site, where there are visual differences in the appearance of spill material in different, defined areas or sectors of the pile or site and/or where contaminant monitoring devices provide significantly different readings in different, defined areas or sectors of the pile or site such that:
(1)There is a potential that different spill materials (contaminants) exist in separate, defined areas of the pile or site or
(2)It is likely that the concentration of contaminant of a single type varies significantly in separate, defined areas of the pile or site.
d.Case 1 - Homogeneous Pile or Site:
(1)Divide the overall pile (on paper) into grid segments of 20 cubic yards each, when looked at a three dimensional view. In each grid segment, collect one grab sample at a depth of at least two feet. Collect it from the area of the grid segment that appears to have the highest concentration of contaminant, per visual observation. Alternately, if the concentration of contaminant throughout the grid segment is uniform, i.e., no discernible difference per visual observation, then collect it from the mid-point of the grid segment.
(2)If the contaminated pile is arranged such that the above grid segment plan and sampling approach cannot be applied, then an alternate method can be used, provided approval is obtained from the Solid Waste Section of the RIDEM Office of Land Revitalization and Sustainable Materials Management.
(3)In the laboratory, half of each of the five grab samples from five adjacent grids will be composited into one sample for test purposes and to represent that cumulative 100 cubic yards of soil. (Therefore, there will be one composite sample and one set of lab tests for each 100 cubic yard of soil, or portion thereof). If any of the composite sample's test indicate a problem (hazardous waste characteristics, material not acceptable per the applicant's permit, etc.) then the soil processor shall have several options:
(AA)Reject the entire pile at the site or
(BB)Reject the entire 100 cubic yard of soil associated with each composite that has the problem or
(CC)Re-test each individual grab sample within the 100 cubic yard sector(s) that has the problem, to determine if the problem can be isolated to a give grid segment (and thus being able to accept other grid segments within that 100 cubic yard sector).
e.Case 2 - Heterogeneous Pile or Site
(1)The procedures to be used are the same as in Case 1 for homogeneous piles or sites, except for the following:
(AA)Layout the grid network in a manner that maximizes the number of adjacent grids that are known or suspected to be homogeneous with one another.
(BB)In the laboratory, compositing, for test purposes, will be performed on grab samples from adjacent grids that are known or suspected to be homogeneous with one another. Therefore, each composite will consist of a minimum of one grab sample (from a grid that is known or suspected to be heterogeneous relative to adjacent grids) to a maximum of five grab samples (all known or suspected to be homogeneous with one another). Thus, there will be one composite sample and one set of lab tests for a maximum of each 100 cubic yards of soil.
2.Scenario 2: For projects where excavation and stockpiling is not possible due to space restrictions or environmental considerations:
a.After the boundaries of the contaminated area have been established, divide the overall area (on paper) into grid segments of 20 yd3 each. Excavate in the middle of the grid to the apparent limits of contamination. While excavating, take grid samples at two foot vertical intervals and composite these vertical samples into one sample.
b.In the laboratory, half of each of the five composite samples from five adjacent grids will, in turn, be composited into one sample for test purposes, and to be representative of that cumulative 100 yd3 of soil. (Therefore, there will be one composite sample and one set of lab tests for each 100 yd3 of soil, or portion thereof). In the event that any composite sample's tests indicate a problem (hazardous waste characteristics, material that is not acceptable per the applicant's permit, etc.) then the soil processor shall have several options:
(1)Reject the entire amount of contaminated material at the site or
(2)Reject the entire 100 yd3 sector of soil associated with each composite that has the problem or
(3)Re-test each individual composite sample from each grid segment within the sector(s) that has the problem to determine if the problem can be isolated to a given grid segment (and thus being able to accept other grid segments within that 100 yd3 sector(s)).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-05-6 § 6.6** Laboratory Tests of Field Site Samples (Per § 6.2(B) of this Part) {#sec-250-ricr-140-05-6-6.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-6#6.6}
A.All sites, regardless of spill material, will be required to have lab testing performed for flashpoint, total petroleum hydrocarbons (TPH), and volatile organic compounds (VOCs - including separate tests for halogenated and non-halogenated VOC).
B.A full scan, to include at minimum, the tests required in § 6.6(A) of this Part as well as tests for EPTOX metals, PCB, cyanide, and pH will be required for any of the following scenarios:
1.When the waste pile has been moved from its original site of spill to an off-site location, regardless of time elapsed since the spill occurrence or since the time of transfer. (Logic - additional contaminated soil, containing other types of contaminants, or contaminant alone could be combined with this waste pile, off-site.)
2.When the soil processor's representative cannot verify from on-site visual inspection and from the statements or documentation of the generator, that the contaminated pile contains only soil and contaminant and clean-up debris from the excavated hole where the specific spill occurred. (Logic - additional contaminated soil, containing other types of contaminants from other locations at the generator's site or brought in from other sites, could be combined with this waste pile.)
3.On sites with large volumes of contaminated soil, the soil processor's license application shall propose a volume, 'X' cubic yards or greater, that will require a full scan. (Logic - potential for larger quantities of hazardous waste in larger piles, which could result in significant environmental releases during incineration. Therefore, need extra caution (screen for hazardous waste using a full scan)). The application should also provide some supporting statements and justification for selection of this limit on volume of material.
C.As an option, the applicant may choose up front to perform the full scan as defined in § 6.6(B) of this Part, rather than proceeding through decision steps in §§ 6.6(B)(1) through (3) of this Part in the above listed scenarios.
D.If the applicant does not select the option § 6.6(C) of this Part above and where § 6.6(B) of this Part has been determined not to apply, then a sub-set of the full scan tests shall be performed, when necessary, based on knowledge of the contaminant (e.g., EP toxic lead for a spill of leaded gas) and the following steps shall be taken to decide what lab tests will be performed on field samples of contaminated soil:
1.Determination of the constituents or elements in the virgin petroleum product at the time of the spill, based on a recent fuel spec provided by the generator, or laboratory testing of sample(s) of the virgin product, or some other acceptable means to verify what is in the product. The information provided shall include the concentration (mg/l or ppm) or range of concentrations of each constituent or element.
2.Each constituent or element that is at a concentration that is considered hazardous, according to the Rules and Regulations for Hazardous Waste Management (Subchapter 10 Part 1 of this Chapter), when it becomes a waste product (when it is spilled into the soil), shall be tested for, in the soil sample. Alternately, if the information provided includes only a range of concentrations of each constituent or element, then the highest concentration in this range shall be considered to be actual concentration in the spill virgin product. Examples include:
a.Selected EP toxic metals:
Lead in leaded gasoline and aviation fuels and cadmium in certain hydraulic oils.
b.Carcinogenic properties:
Benzene (known carcinogen) in gasoline (restrict benzene to maximum of 1000 ppm in soil per RIDEM regulations).
c.An exception is PCB-contaminated soil. If the virgin petroleum product contains PCB levels greater than 50 ppm (per recent fuel spec or by lab testing of the fuel), then the resulting contaminated soil, regardless of the measured concentration of PCB in the soil is hazardous waste (TSCA regulations) and cannot be accepted for processing. Otherwise, if the PCB concentration in the soil is greater than 1 ppm, then the soil shall also be excluded from acceptance.
E.If the applicant has any doubt whatsoever that the soil may be contaminated by products other than virgin petroleum products or may contain any constituent such that the pile would be considered to be hazardous waste, then additional testing such as a repeat of previous tests on other portions of the pile or other types of tests, based on a suspected contaminant, should be performed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-05-6 § 6.7** Fingerprint Analysis and Testing (Per § 6.2(C) of this Part) {#sec-250-ricr-140-05-6-6.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-6#6.7}
A.Fingerprinting is performed for numerous reasons, including:
1.As a safeguard against outside undesirable or uncontrollable factors, specifically to allow for an assessment of the material being received versus material originally tested at the generator site, for conformity.
2.To allow the processor to assess soil arriving at the facility to ensure it is processible, given any limitations of the equipment employed for soil cleaning, processing procedure limitations, and any required limits of contamination in the cleaned material.
3.As a personnel safety measure, relative to assessing material flammability, since the material will be handled, stored, and processed.
4.As an environmental regulatory measure, i.e., an additional safeguard to prevent the acceptance of hazardous waste and to prevent material from being processed, that is not within the processor's permit of material acceptable for processing.
5.As a check on the analysis and testing originally done on soil samples at the generator site.
6.As a tool to discourage outside undesirable actions (prior to arrival at the facility) and to encourage proper procedures in the waste acceptance multi-step process.
B.Therefore, the minimum fingerprinting requirements shall include:
1.Visual inspection of each incoming truck load of soil, by the processor's employee/representative as it arrives at the processing facility.
2.Appropriate sampling and testing of the unprocessed soil (sampling and testing strategies are presented in §§ 6.2(D) and 6.8 of this Part). The actual tests will include, at minimum, soil flashpoint and a PCB test (whenever the field sampling at the generator site included PCB testing and also at the option of the processor). Other additional tests relative to other parameters may be desirable for a more complete fingerprint, on a case-by-case basis, per the suspected contaminant in the soil at the generator site, as well as other factors. The processor should indicate the normal testing protocol for these various cases. Also, RIDEM may require additional tests, based on the conditions of the processor's permit.
3.Wherever the term "full scan lab tests" is mentioned in § 6.8 of this Part (which discusses fingerprint sampling and testing strategies) this shall include at minimum, flashpoint, total petroleum hydrocarbons (TPH), volatile organic compounds (VOC) including separate tests for halogenated and non-halogenated VOC, EPTOX metals, (arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver) PCB, cyanide and pH (see §§ 6.8(A)(4)(b), 6.8(A)(4)(c), 6.8(A)(5)(b) and 6.8(A)(5)(c) of this Part, where full scan lab tests apply).
4.The processor shall notify all parties involved in the steps leading up to arrival of soil at the processor's facility, including the generator, excavator, and transporter that fingerprinting procedures will be employed (with associated potential for rejection of soil).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-05-6 § 6.8** Sampling of Incoming Loads at Processing Facility, for Fingerprinting Analysis (Per § 6.2(D) of this Part) {#sec-250-ricr-140-05-6-6.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-6#6.8}
A.The following is a guideline that represents a minimum sampling and testing strategy. Additional sampling and testing may be desirable at a given facility, on a case-by-case basis, to adequately fingerprint the soil and to minimize potential of accepting hazardous waste. (Parameters to be analyzed in the tests are discussed in §§ 6.2(C) and 6.7 of this Part.)
1.Each truck load of waste arriving at the facility shall be sampled. This applies to all loads from a given field site (generator site) originating from a small or large excavated pile or unexcavated area and even if the material appears to be homogeneous at the site.
2.Sampling may be performed while the load is on the truck or after the load has been deposited in the receiving area (in the latter case, the load shall be segregated from other truck loads from the given field site, at least until sampling is completed).
3.At least five grab samples shall be collected from each truck load, from a depth of at least one foot, at zones within the pile designated as north, south, east, west, and center. In each zone the sample should be collected from the point with highest visually observed contamination concentration level. These samples shall be composited into one sample.
4.If the processor's facility design and operating procedures are such that all truck loads from a given site are combined into one overall pile, after sampling for fingerprint analysis, then the following applies:
a.Composite samples from approximately five truck loads will, in turn be composited into one overall sample, representing approximately 100 cubic yards of soil and for test purposes (therefore, there will be one overall composite sample and one set of fingerprint tests for each 100 cubic yards of soil, or portion thereof).
b.Fingerprint tests should be performed on a portion of each overall composite sample, with the results compared to the lab test results on generator site samples. If there is significant comparison differences for any of the composite samples, then the fingerprint tests should be repeated on the remaining portion of each composite sample, where results differed. A "significant comparison difference" shall mean, considerably lower flashpoints or considerably higher PCB levels in the fingerprint samples (per discretion of processor) and definitely any samples indicating flashpoints less than 100ºF or PCB levels greater than 50 ppm. If any of the repeat fingerprint tests verifies significant comparison difference for any of the composite samples, then the processor has options as follows:
(1)Reject all truck loads from that generator site or
(2)Perform a full scan of lab tests on each composite sample with significant comparison differences per above. If any of these full scan lab tests indicate the presence of hazardous waste or the presence of a material the processor is not permitted to accept, then the processor shall reject all truck loads from that site.
c.For any site requiring 'X' or more truck loads or 'X' cubic yards (or more) of waste to be processed, whichever is smaller, there shall be at least one full scan lab test performed on one of the composited samples from five truck loads, per above. If test results indicate the presence of hazardous waste or the presence of a material the processor is not permitted to accept, then the processor shall reject all truck loads from that site. (The processor shall propose appropriate criteria for this test to be triggered, i.e., define 'X' in the limits above and discuss reasons for selection of these limits.)
5.If the processor's facility design and operating procedures are such that segregation of portion(s) of a generator's soil is maintained, after sampling for fingerprint analysis and until fingerprint tests on that soil are completed, then the following options apply:
a.The processor may use the procedures exactly as described in §§ 6.8(A)(4)(a) through (b) of this Part above or
b.The processor may use a modified version of in §§ 6.8(A)(4)(a) through (b) of this Part as follows:
(1)Composite samples from approximately five truck loads or from all truck loads in a given segregated holding area, (but from no more than 100 yd3 of soil), shall be composited into one overall composite sample for test purposes. (Therefore, there will be one overall composite sample and one set of fingerprint tests for a maximum of each 100 yd3 of soil.)
(2)Fingerprint tests shall be performed on a portion of each overall composite sample, with the results compared to the lab test results on generator site samples. If there is significant comparison differences for any of the composite samples, then the fingerprint tests shall be repeated on the remaining portion of each composite sample, where results differed. If any of the repeat fingerprint tests verifies significant comparison differences for any of the composite samples, then the processor has options as follows:
(AA)Reject all truck loads from that generator site or
(BB)Reject all truck loads from the segregated holding area(s) associated with each of the composite samples that tested significantly different.
(CC)Perform a full scan of lab tests on each composite sample with significant comparison differences per above. If any of these full scan lab tests indicate the presence of hazardous waste or the presence of a material the processor is not permitted to accept, then the processor has the option of rejecting all truck loads from that site, or at minimum, rejecting all truck loads from the segregated holding area(s) associated with each composite sample that test positively for hazardous waste characteristics or unacceptable material, per above.
c.For any site requiring 'X' or more truck loads or 'X' cubic yards (or more) of waste to be processed, whichever is smaller, there shall be at least one full scan lab test performed on one of the composited samples from five truck loads, per above. If test results indicate the presence of hazardous waste or presence of a material the processor is not permitted to accept, then the processor shall have the option of rejecting all truck loads from that site, or at minimum, rejecting all truck loads from the segregated holding area(s) associated with that composite sample and performing additional full scan lab tests on the other composite samples. (The processor shall propose appropriate criteria for this test to be triggered, i.e., define 'X' in the limits above and discuss revisions for selection of these limits.)
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-05-6 § 6.9** Sampling of Processed Soil at Processor's Facility (Per § 6.2(H) of this Part) {#sec-250-ricr-140-05-6-6.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-6#6.9}
A.The following is a guideline that represents a minimum sampling and testing strategy. Additional sampling and testing may be desirable at a given facility, on a case-by-case, or where required by the party that will be accepting the soil for re-use. Details of the actual tests and analyses will be based on any requirements of the accepting party.
1.Each 100 cubic yards of processed soil shall be sampled and tested. From each 100 cubic yards of processed soil in the holding area take five grab samples, each from a depth of at least one foot in the pile. The locations of the sample points shall be from designated zones within each 100 cubic yards grid, i.e., north, south, east, west, and center. The grab sample will, in turn, be composited into one sample for test purposes and a portion of this sample will be tested in the laboratory. If the test results indicate that the soil is sufficiently void of contaminants, then it can be moved out of the holding area and stored in other areas of the process facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-140-05-7** Solid Waste Regulation No. 7 Facilities That Process Construction and Demolition Debris
##### **250-RICR-140-05-7 § 7.1** General Information and Required Plans {#sec-250-ricr-140-05-7-7.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-7#7.1}
A.General Information:
1.Definitions of terms used in these Regulations can be found in § 1.5 of this Subchapter.
2.Pursuant to R.I. Gen. Laws § 23-18.9-8, any person who desires to construct, develop, establish, manage, own, operate, or maintain a Construction and Demolition Debris (C&D) Facility, as defined in § 1.5 of this Subchapter must obtain a Solid Waste Management Facility license from the Department in accordance with the requirements set forth in § 1.8 of this Subchapter and § 7.4 of this Part.
3.Any person who desires to construct a Solid Waste Management Facility or install any equipment in a Solid Waste Management Facility must first submit to the Director for approval, plans and specifications and other related data required by the Director.
4.Any Construction and Demolition Debris Processing Facility that is within a one thousand foot (1,000’) radius of a residential zone district, shall conduct all operations covered under the license inside the confines of an enclosed, permanent building.
5.Any person who desires to operate a C&D Processing Facility must demonstrate compliance with local ordinances as follows:
a.Submit a letter of compliance from the host municipality that all applicable zoning requirements and local ordinances of the host municipality have been complied with. This letter of compliance from the host municipality shall be issued from either:
(1)The Town or City Manager with a Town or City Council approval in a municipality with a managerial form of government; or
(2)The elected Mayor with Town or City Council approval in a municipality with a non-managerial form of government.
b.The process for issuing, denying or appealing the municipal letter of compliance must be in accordance with R.I. Gen. Laws § 23-18.9-9.
c.Issuance of a letter of non-compliance from the host municipality may stay the issuance or renewal of a license as per R.I. Gen. Laws § 23-18.9-9.
6.Facilities that receive any of the following types of materials must apply for a Solid Waste Management Facility License. These materials include solid waste that is not C&D (even if resulting from the construction, remodeling, repair and demolition of structures and roads and land clearing), including but not limited to, asbestos, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent lights, fluorescent light ballasts or transformers, carpeting, furniture, appliances, tires, drums, containers greater than ten (10) gallons in size, any containers having more than one inch (1”) of residue remaining on the bottom, and fuel tanks. Specifically excluded from the definition of C&D is solid waste (including what otherwise would be C&D) resulting from any processing technique, other than that employed at a Department-approved C&D Processing Facility, that renders individual waste components unrecognizable, such as pulverizing or shredding.
7.No license shall be issued or be renewed if the facility has any existing violations of these Rules and Regulation during the time of application or request for renewal. The Department is authorized to deny, suspend, or revoke a license, or deny a license renewal where it finds there has been a failure to comply with Regulations established by the Department, or where the applicant, licensee is not in compliance with any approved operating plan or engineering plans adopted pursuant to these Rules and Regulations. The Department may also issue a Notice of Violation with Administrative Penalties. Licenses issued pursuant to this section are non-transferrable.
8.Granting of a license, license renewal, or permission for an equipment addition shall in no way effect the applicant's responsibility to meet all Federal and State laws, local zoning and other local codes or ordinances and any local permits, except as specifically provided by Rhode Island General Law.
9.All Solid Waste Management Facilities that process or separate C&D and generate screenings and/or wood chips must comply with § 7.3 of this Part.
B.Radius Plan: A radius plan including all the information listed below shall be submitted for approval with each application for a license or renewal. The radius plan must be drawn to a minimum scale of one inch to two hundred feet (1" = 200') adjusted to fit on a standard twenty-four inch by thirty-six inch (24” x 36”) sheet and include all areas within one quarter (1/4) mile radius out from all property lines of the site. The required information includes:
1.Zoning of the area as required in § 1.7(E)(5) of this Subchapter;
2.All buildings and dwellings;
3.Delineation of residential zoned areas within a one thousand foot (1,000’) radius out from all boundary lines of a proposed C&D Facility;
4.All water supplies (wells, etc.);
5.All surface water courses;
6.All roads;
7.Legal boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island;
8.North arrow;
9.Extent of one hundred (100) year floodplain (where applicable);
10.Locus Plan.
C.Site Plan: A site plan including all information listed below for all areas within the site shall be submitted for approval with each application for a license or renewal. The site plan must be drawn to a minimum scale of one inch to fifty feet (1"=50') and adjusted to fit on a standard twenty-four inch by thirty-six inch (24” x 36”) sheet. The required information includes:
1.Existing and proposed contours at two foot (2’) contour intervals or less;
2.Buildings;
3.Roads;
4.Utilities;
5.Surface water courses (if any);
6.Wells (if any);
7.Site drainage facilities;
8.Groundwater monitoring wells (if required by § 7.2(D) of this Part);
9.Unloading, processing and storage areas;
10.Legal Boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island;
11.Fences and gates;
12.Weighing facilities;
13.Locations of buffer zones;
14.On-site traffic patterns;
15.Landscaping;
16.North arrow;
17.Any and all freshwater wetlands as defined by Department Rules and Regulations;
18.Legend.
D.Construction and Engineering Plans: A preliminary set of construction and engineering plans and specifications relating to all buildings and equipment of the facility must be submitted for approval to the Department with each application for a license or renewal. This set shall be sufficient in detail to allow for a comprehensive review. A complete set of final plans approved by the Department shall be a condition of the license prior to construction or operation.
E.Operating Plan: An operating plan shall be submitted for approval by all C&D Facilities. The duration of the operating plan shall equal that of the license, where applicable, and shall be updated with each application for renewal or earlier if necessary. Any changes or additions to the facility's operation subsequent to the approval of the operating plan, including new equipment additions, shall be submitted to the Department for approval prior to the time that changes will be implemented. The following information, at a minimum, shall be included in the plan:
1.Description of the overall operation and function of all processing equipment to be used;
2.Operating hours;
3.Operating and design capabilities;
4.Types of materials to be accepted, processed, stored, recycled and/or disposed of at a licensed facility;
5.Personnel and duties;
6.Dust Control Program;
7.Odor Control Program;
8.Litter Control Program;
9.Vector Control Program;
10.Groundwater Monitoring Program if required by § 7.2(D) of this Part;
11.Final disposal quantities and arrangements for non-recyclables and processing residue;
12.Communications equipment available;
13.Provisions for limited access;
14.Description of program for providing records containing the date, time, weight of C&D to be processed and registration of each vehicle unloading or loading materials at the facility;
15.Weighing facilities or other volume accounting method;
16.Fire control and prevention provisions approved by the local fire chief or his or her designee, including a contingency plan for fires in storage areas and/or unprocessed stockpile areas;
17.Methods describing how non-processible waste, hazardous waste and waste not authorized by the Department will be identified, handled and removed from the facility;
18.Methods describing how adulterated wood waste [treated wood, painted wood, coated wood and any other wood that is not clean] will be identified and separated from the waste stream being processed, such that it will not be recycled and re-used with unadulterated wood waste;
19.Identification of how "recyclable materials" and "recyclables" which cannot be marketed will be disposed of;
20.Sampling and Testing Plan for processed material containing that information required by § 7.3 of this Part;
21.Identification of proposed markets and the names and address of destinations for "recyclable materials" and "recyclables";
22.Identification of provisions or methods of solid waste, wastewater and leachate containment;
23.Routine maintenance and house cleaning schedules;
24.Erosion/Sedimentation Control Plan.
F.Closure Plan: The applicant shall submit for approval a closure plan that includes information on the following:
1.Fences, gates and any other security measures to prevent unauthorized access to the site during closure and post-closure activities;
2.Legal boundaries;
3.Measures taken to remove all remaining refuse and residue;
4.Planned or estimated year or time period of proposed closure;
5.Methods of restricting access and preventing additional waste disposal;
6.Methods of protecting ground and surface water;
7.Measures taken to stabilize all disturbed soils;
8.Intended future use of the facility;
9.A Closure Fund or Closure Bond shall be established to ensure proper closure of the facility. The Closure Fund shall establish and maintain the amount necessary for a third (3rd) party closure and shall include all costs necessary for adequate closure. Periodic review and adjustments of the fund must be done as required. The terms and conditions of the Closure Fund shall be set forth in a Closure Fund Agreement as required by § 7.2(H) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-12-27 to 01/04/2022*
- *Amendment — effective from 2018-03-15 to 12/27/2020*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-140-05-7 § 7.2** C&D Facilities – Operating Standards {#sec-250-ricr-140-05-7-7.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-7#7.2}
A.General: All C&D Facilities shall meet the requirements set forth in this Rule in addition to the General Operating Standards set forth in § 1.7 of this Subchapter and other applicable requirements set forth in these Rules and Regulations.
B.Storage:
1.The storage of unprocessed and/or processed C&D stockpiles is limited in size to the financial assurance to be posted for closure costs as required in §§ 7.1(F) and 7.2(H) of this Part. For example, if the closure cost estimate is based on the disposal of a one thousand (1,000) ton stockpile of unprocessed C&D, the facility must limit its unprocessed stockpile to one thousand (1,000) tons.
2.The facility must be able to demonstrate through records maintained at the facility, and provided to the department (upon request), that seventy-five percent (75%) of all material received by the facility is removed from the site within six (6) weeks of receipt on a continuous basis, and in no case shall the facility store material on site for over three (3) months.
3.Storage of C&D must be in approved and designated areas, and stockpiles must not exceed twenty feet (20’) in height and fifty feet (50’) in width. For both interior and exterior storage, a minimum separation of fifty feet (50’) must be maintained between stockpiles. For exterior storage, a minimum separation of fifty feet (50’) must be maintained between stockpiles and buildings and/or other structures. In addition:
a.Any C&D Facility within a one thousand foot (1,000') radius of a residential zone district is prohibited from storing unprocessed material exterior to the facility building;
b.Unprocessed and/or processed C&D must not be compacted on the ground surface or covered with soil or other materials; and
c.Processing of materials utilizing compaction equipment may be allowed only with prior Department approval.
C.Wastewater and Leachate: All water used in processing the C&D, and cleaning of the facility, as well as any leachate from any refuse collected in storage or transfer areas, shall be disposed of in a manner that will not pollute any source of private or public water supply, or any of the waters or groundwaters of the State, and shall be disposed of in accordance with all State and Federal laws and Regulations.
D.Groundwater Monitoring Wells: C&D Facilities may be required by the Department to install monitoring wells at locations approved by the Department. A hydrogeological report and water quality monitoring plan may be required based on the following factors:
1.Size, type and location of storage stockpiles;
2.Length of time unprocessed materials will be stored;
3.Groundwater classification and proximity to groundwater drinking wells (public and private);
4.Proximity to and classification of surface water bodies, flowing water bodies and freshwater wetlands; and
5.Any factors determined by the Department that may be necessary to protect the health, welfare and safety of the public and the environment.
E.Buffer: A buffer zone, or approved equally protective alternative measure(s) must be identified and maintained between all processed and unprocessed construction and demolition debris C&D stockpiles, processing activities and the property line of the facility. Said buffer zone must be of sufficient distance to address dust, odors, litter, or any other concern or condition identified by the Department. Alternative measures may include, but are not limited to, enclosing operations and/or storage within the confines of a protective structure, fencing, screening, vegetation or approved equal.
F.Fire Protection: A facility shall not pose a hazard to the health and safety of persons or property from fires. No facility that receives C&D shall be issued a license or renewal unless it has submitted a Fire Protection and Contingency Plan (FPCP) that has been approved by the local Fire Chief, or his or her designee, of the district in which the facility is located. In addition, the following requirements must be met:
1.All C&D Facilities shall submit a site location plan, site sketches, and operating plans to the Department and to the local Fire Chief, or designee for their review and approval so as to provide emergency service whenever called.
2.There shall be within one thousand feet (1,000’) of the facility and storage stockpiles, either an adequate supply of water under pressure or the equivalent of cover material for use exclusively in fighting fires or other equivalent method that meets the approval of the Department and the local Fire Chief or his or her designee,. Cover material for the purposes of extinguishing a fire shall be required in the event that the construction and demolition debris if C&D is stored outside of the confines of a protective structure.
3.All facility equipment, including but not limited to, dozers, front end loaders and compactors, shall be supplied with fire extinguishers.
4.The above required elements must be included in the facility's FPCP.
5.The local Fire Chief or his or her designee is authorized to conduct random, unannounced inspections of facilities licensed or registered under this Regulation to ensure continued compliance with the approved FPCP. If any facility, notified by the local Fire Chief at the time of inspection, is found to be in non-compliance with the approved plan, said facility shall immediately cease operation until they correct any deficiency and the local Fire Chief or his or her designee determines that the facility is in compliance.
6.If the Department is notified in writing by the local Fire Chief or his or her designee that any facility is found to be in violation of the fire protection plan under this Regulation on three (3) separate inspections, within any three (3) year time period, said facility shall have their license to operate under this Regulation revoked.
G.Equipment Failure and Shutdown Provisions: All facilities shall have an alternate method of disposal, approved in writing by the Department, with another Solid Waste Management Facility for use in the event of equipment failure or forced shutdown. In the event of equipment failure or forced shutdown, storage of unprocessed materials must not exceed the Department approved storage quantity as specified in § 7.2(B) of this Part.
H.Closure Fund Agreement or Closure Bond:
1.Every facility shall establish a Closure Fund Agreement with the Department. The facility shall establish and maintain a joint depository account in the name(s) of the facility and the Department at a federally insured financial institution establishing a closure fund as required by §§ 7.1(F)(8) and (9) of this Part.
2.A facility shall be permitted to withdraw funds from the account described in § 7.2(H)(1) of this Part only with the prior written approval of the Department and only for the purposes of closure as described in the closure plan described in and submitted as a requirement of § 7.1(F) of this Part.
3.As a precondition to acceptance of any materials at the facility or within six (6) months of the effective date of these Regulations relative to any existing facility, the facility must have on deposit in the Closure Fund an amount sufficient to fully finance closure of the facility at capacity.
4.Each facility must submit to the Department on a quarterly basis a statement generated from the financial institution representing the amount held in the Closure Fund.
5.In the event that the amount in the Closure Fund exceeds the amount for which normal Federal insurance is provided, it shall be the responsibility of the facility to acquire full insurance for the total amount of the Closure Fund and/or to establish any additional accounts necessary subject to the provisions of this section.
6.No facility shall have the right to withdraw, pledge, mortgage, assign, transfer, encumber or otherwise alienate funds from the Closure Fund without the prior written approval of the Department.
7.In the event that the amount in the Closure Fund is not sufficient to finance complete closure, the facility is responsible for the full cost to complete closure.
8.As an option to the use of a Closure Fund Depository Account as described in §§ 7.2(H)(1) through (7) of this Part, the facility shall establish and maintain a closure bond in the amount necessary to properly close the facility when it is at full capacity. This closure bond shall be established as a pre-condition for licensure as an approved facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-12-27 to 01/04/2022*
- *Amendment — effective from 2018-03-15 to 12/27/2020*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-140-05-7 § 7.3** C&D: Reuse, Sampling and Testing Requirements {#sec-250-ricr-140-05-7-7.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-7#7.3}
A.General Information:
1.All C&D Facilities that generate screenings and/or wood chips for reuse must sample and test these materials in accordance with §§ 7.3(B) and (C) of this Part.
2.Any costs associated with the testing of these materials by the facility or by the Department to verify the results of the facility's tests shall be borne by the facility. Each facility must establish a fund with the Department to cover the costs of these tests. The amount required in this fund must be indicated in the facility operating plan and must be based on the number of tests required for the quantity of materials processed or separated at the facility. At all times, the fund established pursuant to this section must equal or be greater than the cost of two (2) rounds of sampling.
B.Screenings: Reuse, Sampling and Testing Requirements:
1.The Department may approve the use of screenings for use as an alternative daily cover on landfills if it can be demonstrated that the screenings meet the criteria in the landfill's approved operating plan, and are capable of meeting the following minimum performance criteria for daily cover material:
a.Shall control and not sustain fires;
b.Shall control and not contribute to odors (this may require the separation of plaster and wall-board from daily cover material), vectors, and windblown litter and dust;
c.The screenings must pass through a two inch (2”) screen;
d.The amount of fines (material passing through a number two hundred (200) sieve) in the screenings is less than twenty-five percent (25%) by weight (dry basis);
e.Screenings may be mixed with other suitable materials, to meet the requirements set forth above.
2.Screenings separated from C&D may also be reused for other specific uses if prior written approval is received from the Department. Such beneficial uses shall be evaluated on a case by case basis and shall be limited to non-agricultural and non-residential applications.
3.All projects utilizing screenings from C&D must have a sampling and testing plan and schedule approved by the Department.
4.The plan shall also identify testing procedures protocols, frequency, and maximum contaminant limits based upon the proposed end uses. Analytical testing for all screenings proposed for use as a daily cover shall include, at a minimum, appropriate Toxicity Characteristic Leaching Procedure (TCLP) parameters as set forth in 40 C.F.R. Part 261, incorporated in § 1.3(A) of this Subchapter, at a frequency approved in the operating plan. The sampling and testing plan shall include, but not be limited to, addressing the following constituents of concern:
a.Metals: Arsenic, Cadmium, Chromium, Copper, Lead, Mercury and Nickel;
b.Organic Compounds: PCB's, Endrin, Toxaphene, 2,4,5-T, 2,4,5-TP (Silvex); and
c.Asbestos: Must not exceed the requirements of the Rhode Island Department of Health Regulation, 216-RICR-50-15-1, Asbestos Control, which states: ”Asbestos containing material” or “ACM" means any material or product which contains more than one percent (1%) asbestos, as determined using the method specified in Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (PLM). If the asbestos content of friable material is less than ten percent (10%) as determined by a method other than point counting by PLM, the asbestos content must be verified by point counting using PLM.”
5.No screenings shall be utilized within two hundred feet (200’) of any body of surface water or freshwater wetland or within five hundred feet (500’) of any body of surface water or freshwater wetland within the watershed of a public drinking water supply without specific approval of the Department.
6.No screenings shall be utilized within two hundred feet (200’) of any private drinking water supply well or within five hundred feet (500’) of any public drinking water supply well.
C.Wood Chips: Reuse, Sampling and Testing Requirements:
1.Wood chips generated from the pulverizing or chipping of unadulterated wood or land clearing debris, such as brush, tree limbs and stumps, may be utilized for the following:
a.Landscaping mulch;
b.Soil amendment;
c.Sewage sludge amendment for composting;
d.Erosion control material;
e.Fuel; and
f.Other uses approved by the Department and described in the facility's operating plan.
2.Wood chips generated from the pulverizing or chipping of segregated building wastes and segregated demolition wastes or adulterated or treated wood are restricted to the following uses:
a.Fuel;
b.Department approved erosion control projects at approved landfills; and
c.Other projects with Department approval.
3.All projects utilizing wood chips, except for fuel usage, must have a sampling and testing plan and schedule approved by the Department.
4.The sampling and testing plan shall include, but not be limited to, addressing the following constituents of concern:
a.Asbestos: Must not exceed the requirements of the Rhode Island Department of Health Regulation, 216-RICR-50-15-1, Asbestos Control, which states: ”Asbestos containing material” or “ACM" means any material or product which contains more than one percent (1%) asbestos, as determined using the method specified in Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (PLM). If the asbestos content of friable material is less than ten percent (10%) as determined by a method other than point counting by PLM, the asbestos content must be verified by point counting using PLM.”
b.Ignitable Petroleum Distillates: Must not meet the definition of a hazardous waste as defined in Subchapter 10 Part 1 of this Chapter, Rules and Regulations for Hazardous Waste Management.
c.Metals: Chromated Copper Arsenate (CCA), Arsenic, Chromium, Copper, Lead, and Mercury. (Arsenic, Chromium, and Copper are indicators of Chromated Copper Arsenate)
d.Semi-volatiles: Creosote, Creosol, Pentachlorophenol. (Creosol, an active ingredient of Creosote, is an indicator of Creosote.)
5.The plan shall also identify testing procedures and protocols, testing frequency, and maximum contaminant limits based upon the proposed end uses.
6.Wood chips generated for use as a fuel for boilers and wood-fired power plants must meet the requirements for those facilities. The facility operating plan must indicate all wood fuel facilities to be utilized.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-12-27 to 01/04/2022*
- *Amendment — effective from 2018-03-15 to 12/27/2020*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
##### **250-RICR-140-05-7 § 7.4** Applicability {#sec-250-ricr-140-05-7-7.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-7#7.4}
All C&D Facilities must comply with the provisions of these Rules and Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2020-12-27 to 01/04/2022*
- *Amendment — effective from 2018-03-15 to 12/27/2020*
- *Periodic Refile — effective from 2001-12-31 to 03/15/2018*
#### **250-RICR-140-05-8** Solid Waste Regulation No. 8, Rhode Island Organic Waste Recycling Facilities (Composting Regulations)
##### **250-RICR-140-05-8 § 8.1** Findings and Policy {#sec-250-ricr-140-05-8-8.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.1}
A.Purpose
These Rules and Regulations are intended to minimize environmental hazards associated with the operation of leaf and yard waste composting facilities, putrescible waste composting facilities, mixed solid waste composting facilities and anaerobic digestion facilities. These Rules and Regulations 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.
B.Authority
These Rules and Regulations are promulgated pursuant to the requirements and provisions of R.I. Gen. Laws Chapters 2-1, "Agricultural Functions of Department of Environmental Management"; 2-22, "Rhode Island Soil Amendment Law"; 2-23, "Rhode Island Right to Farm Act"; 5-51, "Rhode Island State Board of Examiners of Landscape Architects"; 23-18.8, "Rhode Island Recycling Act"; 23-18.9, "Refuse Disposal"; 23-19, "Rhode Island Resource Recovery Corporation Act"; 23-19.1, "Hazardous Waste Management Act"; 23-23, "Air Pollution"; 23-63, "Vehicle Tire Storage and Recycling"; 37-15.1, "Hard-to-Dispose Material-Control and Recycling"; 42-17.1, "Department of Environmental Management"; 42-17.6, "Administrative Penalties for Environmental Violations"; 44-27, "Taxation of Farm, Forest, and Open Space Land"; and 46-12, "Water Pollution"; in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, "Administrative Procedures Act".
C.Application
The terms and provisions of these Rules and Regulations shall be liberally construed to allow the Department to effectuate the purposes of state law, goals and policies.
D.Function
The primary functions of the Department are the regulation of solid waste and to grant, deny, suspend or revoke licenses and registrations for the operation of Solid Waste Management Facilities and Organic Waste Recycling Facilities and to grant, deny, suspend or revoke approval of the plans and specifications for the construction of Solid Waste Management Facilities and Organic Waste Recycling Facilities and the installation of any equipment in such facilities. Any and all Solid Waste Management Facilities and Organic Waste Recycling Facilities, licensed or not licensed (or registered or not registered), and projects including control and remediation shall be subject to the regulatory and enforcement activities of the Department.
E.Severability
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.
F.Superseded Rules and Regulations
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of the pertinent sections of the chapters of the R.I. Gen. Laws listed in § 1.2(B) of this Subchapter 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 in effect at the time the enforcement action was taken, or application filed.
G.Definitions:
See Solid Waste Regulation No. 1, § 1.5 of this Subchapter for all pertinent definitions for these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.2** Organic Waste Recycling Facilities {#sec-250-ricr-140-05-8-8.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.2}
A.For the purpose of the Regulations, Leaf and Yard Waste and Putrescible Composting Operations/Facilities are classified by size. Mixed Solid Waste Composting Facilities and Anaerobic Digestion Facilities are classified by facility type and shall follow the rules pertaining to those specific facilities.
B.The classifications in the table below clarify the requirements that shall be followed by Small-Scale Composting Operations, Medium-Scale and Large-Scale Composting Facilities per the definitions in Solid Waste Regulation No. 1, § 1.5 of this Subchapter:
Classification
Small-Scale Composting Operation
Medium-Scale Composting Facility
Large-Scale Composting Facility
*Total Quantity On-site (Excluding finished compost)
Quantity < 25 yd3
25 = Quantity = 600 yd3
Quantity ?600 yd3
Plan Facility Requirements According to:
§ 8.3 of this Part
§ 8.4 of this Part
Leaf and Yard Waste: §§ 8.1 and 8.2 of this Part
Putrescible Waste: §§ 8.3 and 8.4 of this Part
*The “total quantity” includes unincorporated feedstock and feedstock that is staged, stored, processed or in the curing stage. Only finished compost is excluded.
C.Backyard Composting, as defined in Solid Waste Regulation No. 1, § 1.5(A)(22) of this Subchapter, is not subject to Small-Scale Composting Operations, Medium-Scale and Large-Scale Composting Facility Rules and Regulations, but may be subject to Department enforcement actions if best management practices acceptable to the Department are not followed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.3** Small-Scale Leaf, Yard and/or Putrescible Waste Composting Operations {#sec-250-ricr-140-05-8-8.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.3}
A.General
1.Registration by the Department is not required. It is the responsibility of the owner/operator to obtain all necessary permits or approvals, if required by federal or local laws and regulations, or if required by other regulations of the State.
2.Small-Scale Composting Operations shall only accept and utilize the following wastes in the composting operation; leaf and yard waste, certain food wastes including fruits and vegetables, tea leaves, coffee grounds, eggshells, hair, sawdust, manures from animals that eat only plants, clean (uncontaminated) wood chips/bark, hay, straw and shredded corrugated cardboard.
3.The following wastes are specifically prohibited and include, but are not limited to, diseased plants, black walnut tree leaves and twigs (releases possible harmful substances), grease, fats, meat scraps and bones, fish scraps and bones, shellfish, dairy products and eggs, oily foods, pet wastes (from dogs, cats, etc.), diapers, sanitary products, coal ash, and charcoal ash.
4.Composting operations shall be in compliance with the following requirements:
a.The operation shall not cause or be likely to cause pollution of ground water or surface waters.
b.The operation shall not have a significant adverse effect on wetlands.
c.The operation shall not create objectionable odors beyond the property line of the facility.
d.Operating conditions shall be maintained that are sanitary and are not favorable to the harboring, feeding, and breeding of vectors, including rodents and insects that may cause health hazards or nuisances. In the event of vector control problems, the operator shall employ an exterminator or other means approved by the Department.
e.The operation shall not create dust or litter problems.
f.Storage of finished compost shall be performed in a manner that will not cause dust problems, runoff problems, or objectionable odors beyond the property line of the facility.
5.Finished compost shall meet Class A Compost Standards in accordance with § 8.12 of this Part.
6.The composting operation shall provide the Department, its authorized officers, employees, and representatives, and all other persons under Department oversight, an irrevocable right of access to the facility at all reasonable times for the purposes of performing inspections and investigations without prior notice.
7.If the Department determines the composting operation does not comply with §§ 8.3(A)(2) through (5) of this Part, the operation shall come into compliance with § 8.3(A) of this Part requirements within thirty (30) days of Department notification. Any operation cited by the Department two (2) times within a six (6) month period shall cease accepting any new feedstock from off-site until the composting operation can verify the operation is in compliance with § 8.3(A) of this Part requirements.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.4** Medium-Scale Leaf, Yard and/or Putrescible Waste Composting Facilities {#sec-250-ricr-140-05-8-8.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.4}
A.General
1.Registration by the Department is required and the details of the registration application shall include information as required in § 8.4(B) of this Part, on a form prescribed by the Director (“Registration Form for Medium-Scale Composting Facility”). The Department will notify the applicant of deficiency(s), if any, in the applications within twenty-one (21) days of application receipt; otherwise the applicant may commence composting operations after that time period. Re-registration with the Department will be required if any of the following events occur:
a.There is a change in the identity of the facility’s owner/operator.
b.There is a change in site location, as approvals are site specific.
2.It is the responsibility of the owner/operator to obtain all necessary permits or approvals, if required by federal or local laws and regulations, or if required by other regulations of the State.
3.Medium-Scale Composting Facilities shall accept and utilize the following wastes in the composting operation; leaf and yard waste, certain food wastes including fruits and vegetables, tea leaves, coffee grounds, eggshells, hair, sawdust, manures from animals that eat only plants, clean (uncontaminated) wood chips/bark, hay, straw, shredded corrugated cardboard and other wastes that are acceptable to the Department.
4.The following waste restrictions and limitations apply:
a.Wastes that are prohibited from acceptance include, but are not limited to diseased plants, black walnut tree leaves and twigs (releases possible harmful substances), pet wastes (from dogs, cats, etc.), diapers, sanitary products, coal ash, and charcoal ash.
b.Any combination of grease, fats, meat scraps and bones, fish scraps and bones, shellfish, dairy products and eggs, and oily foods may be accepted, provided that the following steps are completed:
(1)The facility proposes a sixty (60) day pilot program to the Department describing how one or more of these wastes will be stored and processed at the facility in a manner that will avoid creating objectionable off-site odors and other nuisance conditions.
(2)The Department approves of the proposed pilot program prior to commencement of the pilot program.
(3)The facility carries out the approved sixty (60) day pilot program in a manner that avoids creating objectionable off-site odors and other nuisance conditions and submits results to the Department.
(4)The Department finds the pilot program to be successfully carried out and grants approval, in writing, to the facility to continue to store and process these specific wastes.
5.Composting operations shall be in compliance with the following requirements:
a.The operation shall not cause or be likely to cause pollution of ground water or surface waters.
b.The operation shall not have a significant adverse effect on wetlands.
c.The operation shall not create objectionable odors beyond the property line of the facility.
d.Operating conditions shall be maintained that are sanitary and are not favorable to the harboring, feeding, and breeding of vectors, including rodents and insects that may cause health hazards or nuisances. In the event of vector control problems, the operator shall employ an exterminator or other means approved by the Department.
e.The operation shall not create dust or litter problems.
f.Storage of finished compost shall be performed in a manner that will not cause dust problems, runoff problems, or objectionable odors beyond the property line of the facility.
6.Finished compost shall meet Class A Compost Standards in accordance with § 8.12 of this Part.
7.The composting operation shall provide the Department, its authorized officers, employees, and representatives, and all other persons under Department oversight, an irrevocable right of access to the facility at all reasonable times for the purposes of performing inspections, investigations, testing and examining records without prior notice.
8.The operation shall reimburse the Department for any costs incurred as a result of sampling and analytical testing.
9.If the Department determines the composting operation does not comply with subparagraphs §§ 8.4(A)(2) through (5) of this Part, the operation shall come into compliance with § 8.4(A) of this Part requirements within thirty (30) days of Department notification. Any operation cited by the Department two (2) times within a six (6) month period shall cease accepting any new feedstock from off-site until the composting operation can verify the operation is in compliance with § 8.4(A) of this Part requirements. Failure to comply may result in a formal enforcement action with penalty.
B.Elements of Registration
1.The registration of a Medium-Scale Leaf, Yard and/or Putrescible Waste Composting Facility includes submittal to the Department on a form prescribed by the Director, which includes the following information:
a.Name, business/organization address and business/organization telephone number of the composting operation’s owner and the owner of the land on which the composting operation is located.
b.Location of the composting operation (address).
c.Name of the individual to be primary contact for the Department.
d.Acreage of the property on which the composting operation is located.
e.Acreage of area used, or to be used, for waste processing activities and storage of compost.
f.Volume of waste composted, or expected to be composted, annually.
g.A site sketch using a tax assessor’s map showing the property line with the major components of the composting facility labeled and dimensioned.
h.Distances to nearest wetland, surface water and nearest public/private well.
i.Operating days and hours.
j.Receiving procedures and a detailed description of the types of wastes to be received.
k.Procedures and processes for composting methods.
l.Monitoring procedures.
m.Personnel and duties.
n.Equipment to be used in compost operation, including substitute equipment.
o.Storage provisions.
p.Distribution of compost information.
q.Contingency Plan, which includes the following information:
r.Personnel and user injury
s.Equipment breakdown
t.Non-authorized wastes
u.Releases of hazardous or toxic materials
v.Fire
w.Storm water run-off/leachate controls
x.Odors
y.Pests
z.Registrant’s signature and certification
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.5** Large-Scale Leaf and Yard Waste Composting Facility - Registration Requirements {#sec-250-ricr-140-05-8-8.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.5}
A.General
1.§ 8.5 of this Part and its sub-paragraphs apply to leaf and yard waste composting facilities that will have on site (at one or more times during their existence) greater than 600 cubic yards of the combination of collected uncomposted feedstock and feedstock that has been placed into a composting process, excluding finished compost. Before constructing a composting facility and commencing leaf and yard waste composting, an owner or operator of a new leaf and yard waste composting facility shall register such facility with the Office of Land Revitalization and Sustainable Materials Management of the Department of Environmental Management (DEM) and obtain from the DEM a written approval that such registration is complete.
2.An owner or operator of an existing leaf and yard waste composting facility shall register such facility with the Department. (Part 1 of this Subchapter.) The registration and one copy thereof shall be delivered personally or by mail to the Office of Land Revitalization and Sustainable Materials Management within the Department of Environmental Management.
3.It is the responsibility of the applicant to obtain all necessary permits or approvals required by federal, state, and local laws and regulations. Cooperation with the Office of Land Revitalization and Sustainable Materials Management will not be construed as relieving the applicant of this obligation.
4.Agricultural Composting Facilities will be permitted through the Division of Agriculture of the Department of Environmental Management.
5.Composting of seaweed at leaf and yard waste composting facilities may be allowed with prior approval from the Department.
6.The applicant shall also meet the general requirements in § 1.5 of this Subchapter.
B.Elements of Registration
1.The registration of a leaf and yard waste composting facility includes submittal to DEM of the following:
a.Initial Investigation Plans, per § 8.5(C) of this Part;
b.Facility background information, per § 8.5(D) of this Part;
c.Facility operating plan, per § 8.5(E) of this Part;
d.Additional information, per § 8.5(F) of this Part.
C.Initial Investigation Plans
Copies of the latest United States Geological Topographic Map and the United States Department of Agriculture Soil Survey Map, with the site outlined and a site sketch (using a tax assessor’s map that shows the property lines) with the major components of the composting facility labeled and dimensioned, must be submitted to the Department.
D.Background Information
1.Notwithstanding the provisions of § 8.5(A) of this Part, an owner or operator of a leaf and yard waste composting facility shall be considered by DEM to be in compliance if, within ninety (90) days of the effective date of this regulation, such owner or operator has submitted to the Department the following information with respect to such facility:
a.Name, business address, and business telephone number of the facility's owner and the owner of the land on which the facility is located;
b.Location of the facility (address);
c.Acreage of the property on which the facility is located;
d.Volume of leaves and/or yard waste composted, or expected to be composted, annually;
e.Acreage of area used, or to be used, for a composting pad, leaf and/or yard waste processing activities, and storage of leaf and/or yard waste compost;
f.Name of individual to be the primary contact with the Department;
g.Name, business address, and business telephone number of any engineer or other consultant employed or retained to design and/or oversee construction and/or operation of the facility.
E.Operating Plan
1.An operation and maintenance plan setting forth, but not necessarily limited to:
a.A description of any agreements affecting the control, use or operation of the facility;
b.Operating days and hours;
c.Procedures and processes for leaf and/or yard waste composting;
d.Description of prevailing winds during the various seasons of the year with respect to impacts on off-site receptors and procedures to control odors, dust, vectors, and litter;
e.Provisions for daily record keeping of weather conditions, wind direction, ambient air temperature, odor, dust, vector and litter issues, condition of compost pad, windrow monitoring and corrective actions needed and taken;
f.Personnel and duties;
g.Erosion, sedimentation and surface drainage control measures;
h.Methods and procedures for fire prevention and control;
i.End uses or markets for leaf and/or yard waste compost generated at the facility;
j.A plan for quality assurance/quality control of finished compost, which also includes compost sampling and analysis details;
k.A plan identifying the disposal method for waste received, in the event that the waste is contaminated (or becomes contaminated) with prohibited materials such as oil, hazardous waste, etc. or if the waste cannot be placed into a composting process in an acceptable time period per § 8.6(R) of this Part.
F.Additional Information
The applicant shall submit such additional information relevant to the facility that the Department deems appropriate.
G.Re-Registration
1.Each owner or operator of a registered leaf and yard waste composting facility shall re-register such facility with the Department, if any of the following occurs:
a.The annual volume of leaves and yard waste to be composted at the facility increases by twenty (20) percent of the annual volume indicated in the current registration;
b.The design of the facility, or procedures or processes for leaf and yard waste composting are modified;
c.There is a change in the identity of the facility's owner or operator or site location.
H.Registration Suspension or Revocation
The Department may suspend or revoke a facility's registration due to owner/operator failure to comply with applicable Parts of this Title.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.6** Large-Scale Leaf and Yard Waste Composting - Operating Standards {#sec-250-ricr-140-05-8-8.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.6}
A.General
§ 8.6 of this Part and its sub-paragraphs apply to leaf and yard waste composting facilities that will have on site (at one or more times during their existence) greater than 600 cubic yards of the combination of collected uncomposted feedstock and feedstock that has been placed into a composting process, excluding finished compost. Such leaf and yard waste facilities shall meet all requirements set forth in this rule in addition to the General Operating Standards in § 1.5 of this Subchapter.
B.Siting and Buffers
1.No leaf and yard waste composting facility shall be operated at any location unless at such location:
a.There are at least two hundred (200) feet between the waste staging/storing, processing, curing, and finished compost storage areas of the facility and any surface water.
b.There are at least one hundred (100) feet between the waste staging/storing, processing, and curing areas of the facility and the boundaries of the property at which the facility is located.
c.There are at least two hundred fifty (250) feet between the waste staging/storing, processing, and curing areas of the facility and any occupied building other than an owner occupied building on the property at which the facility is located, except for facilities employing passive windrow composting, where such distance shall be five hundred (500) feet.
d.There are at least two (2) feet vertically between the ground surface of the property at which the facility is located and the seasonal high groundwater table.
e.There are at least three (3) feet vertically between the ground surface of the property at which the facility is located and the bedrock.
f.There are at least two hundred (200) feet between the waste staging/storing, processing, curing, and finished compost storage areas of the facility and any bedrock public wells.
g.There are at least two hundred (200) feet separation from private wells and one thousand (1000) feet separation from gravel pack public wells (relative to the distance between the waste staging/storing, processing, curing and finished compost storage areas of the facility and such wells). The composting site shall not be located on a public well field.
h.Buffers, such as trees, walls, fences, natural or manmade topographic features shall be installed to mitigate noise, dust, odors, litter and other potential impacts on neighboring properties.
i.The composting site is not located on a wellhead protection area (as defined in the Department's Groundwater Quality Rules, Part 150-05-3 of this Title, delineated consistent with the wellhead protection program for a public well. If the owner or applicant seeks a variance from this requirement, then the Department will require demonstration that leachate (if any) from the composting facility will not impact on the groundwater supply, under terms of the variance.
j.A leaf and yard waste composting facility which is located on top of a solid waste disposal area closed in accordance with Part 2 of this Subchapter and 40 C.F.R. § 258.60 (2017), incorporated in § 1.3 of this Subchapter, shall have composting conducted on a pad to prevent disruption of the landfill cap and underlying waste. The pad shall be constructed of well-compacted, well-drained soil. It shall be no less than two (2) feet thick and sloped at two - five percent (2-5%) to promote surface drainage. The pad shall be constructed in addition to the minimum two (2) feet of final cover soil required at all closed solid waste disposal areas.
C.Endangered Species
No facility or practice shall cause or contribute to the taking of any endangered or threatened species pursuant to the Endangered Species Act, 16 U.S.C. § 1531 et seq. (2017) and/or the regulations adopted to implement such Act, as is or as amended. The facility or practice shall not cause or contribute to the destruction or adverse modification of the critical habitat of endangered or threatened species.
D.Water Pollution
1.Groundwater: A minimum of two (2) feet of soil is required between the lowest level of the compost pile and the highest water table level established during the seasonal high groundwater table period determined by the Department in accordance with the Department's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, Part 150-10-6 of this Title. In addition, a minimum of three (3) feet of soil is required between the highest level of bedrock and the lowest level of the proposed composting surface. If the applicant seeks a variance of these separation distances, the Director may require the installation of an impermeable liner system or other means to prevent leachate from reaching the groundwater.
2.Water Supply: Leaf and yard waste composting sites are prohibited from being located on public well fields. Minimum setbacks from the waste staging/storing, processing, curing and finished compost storage areas to wells shall be as follows:
a.One thousand (1000) feet from gravel packed public wells;
b.Two hundred (200) feet from bedrock public wells.
c.Two hundred (200) feet from private wells.
3.Surface Water: Leaf and yard waste composting activities shall not be within or impact any freshwater wetlands as defined by R.I. Gen. Laws § 2-1-18 et seq. Composting activities shall not occur on a site that is not in compliance with R.I. Gen. Laws § 2-1-18 et seq. and the Rules and Regulations promulgated pursuant to that Act.
E.Air Standards
1.Any composting facility shall not violate the following:
a.State implementation plans approved or promulgated pursuant to R.I. Gen. Laws Chapter 23-23; the Rules and Regulations to implement such Chapter, and any applicable provisions of the Clean Air Act, 42 U.S.C. § 7410 (2017).
b.The Rhode Island Clean Air Act, R.I. Gen. Laws Chapter 23-23 and the Rules and Regulations promulgated thereunder.
c.Odors: The composting facility shall not emit or cause to be emitted into the atmosphere any air contaminants or combination of air contaminants which creates an objectionable odor beyond the property line of said facility. Odor evaluations shall be conducted by Department personnel to determine if an odor is objectionable by taking into account its nature, concentration, location, duration and source.
F.Fire Protection
1.A composting site shall not pose a hazard to the safety of persons or property from fires. In addition, the following requirements must be met:
a.All composting sites shall submit site locator plans, site sketches, and operating plans to the local fire department for their review and notification so as to provide emergency service whenever called;
b.All composting sites and site equipment (dozers and front-end loaders) shall be equipped with fire extinguishers.
G.Safety Provisions
Composting facilities shall be designed, operated and maintained in such a manner as to protect the health and safety of users of the facility and personnel associated with the operation of the facility, and persons in close proximity to the facility.
H.Access
1.Time - The time of access to the facility by the public shall be limited to the hours of operation.
2.Site Access - Access to the site shall be adequate to permit orderly entrance and exit, even during inclement weather. Roads shall be adequate to allow access by firefighting equipment at all times.
3.Site Security - The site shall be designed with perimeter fencing, and with gate controls to prevent unauthorized access and dumping at the site and to control the off-site escape of litter.
I.Signs
1.Sign(s) shall be erected at the entrance to the facility which are clearly legible and visible, and which contain the following:
a.Name of facility and operator;
b.Emergency phone number;
c.Restricted (prohibited) materials (if applicable);
d.Operating hours and days open.
J.Operating Plan
A facility shall be operated in conformity with its approved operating plan.
K.Site Water Supply
On-site water supply shall be available to maintain proper moisture levels in the windrow. If no on-site water is available, then a water truck may be substituted for windrow watering only. Water used to maintain windrow moisture shall not adversely impact the finished compost.
L.Compost Thermometer
A compost thermometer, three (3) - four (4) feet in length, capable of reading between 0 - 200F shall be available on-site to record temperatures.
M.Monitoring Requirements
1.A written record must be maintained and available for Department review of:
a.Windrow temperatures (must be recorded at least twice per week);
b.Ambient air temperature at time of recording;
c.Weather conditions;
d.Odors (if detected);
e.Pile moisture conditions and site observations. (This requirement may be modified or waived with Department approval, provided satisfactory operating conditions have been maintained and demonstrated for a length of time satisfactory to the Department.).
N.Composting Pad
1.The composting pad must be designed to support heavy equipment;
2.The pad must be permeable enough to prevent ponding of surface water and firm enough to prevent ruts in all seasons;
3.Pads must be graded between a two (2) percent and five (5) percent slope;
4.Existing site soil that is not permeable enough to prevent standing water or firm enough to prevent ruts will require that a pad be constructed:
a.A composting pad will be constructed of bank run gravel or the equivalent,
b.The pad shall consist of a layer of at least twelve (12) inches of bank run gravel or the equivalent;
5.Impermeable pads may be approved, and such pads:
a.Must have systems for collection and management of run-off,
b.Must be designed to ensure that on-site drainage systems do not clog.
O.Drainage Control
1.A drainage system must be developed to prevent sediment or run-off water from migrating off-site;
2.Ground surface upgradient of the site must be prepared to prevent water seepage into composting and curing piles;
3.Drainage control measures must be designed to accommodate the net increases in run-off from a twenty-four (24) hour, twenty-five (25) year storm event;
4.Leaf and yard waste composting facilities shall not be located in one hundred (100) year flood plains, unless provisions have been made to prevent encroachment of flood waters onto the facility and approval has been obtained from the Office of Water Resources.
P.Windrows
Windrows shall be placed along the fall line of the composting pad (parallel to the slope of the pad). Windrow height and width shall be such that the windrow turning equipment used can mix all leaf and yard waste easily and thoroughly and in no case larger than twelve (12) feet in height and twenty-six (26) feet in width, and positioned so as not to allow water ponding between the windrows. Windrows shall also be positioned to allow for fire vehicle access.
Q.Waste Screening and Inspection
The owner or operator shall implement waste receiving area control procedures that provide for the screening and inspection of the in-coming waste stream to prevent the acceptance of prohibited or unauthorized waste types, and to remove undesirable materials prior to the initiation of composting, as provided in the approved operating plan.
R.Waste Handling and Operation
1.In no case shall leaf and yard waste be stored for a period longer than one (1) week before the wastes shall be watered, processed and formed into actively composting windrows. Material in plastic bags shall be debagged within one (1) week upon arrival at the site.
2.Grass clippings shall not be accepted at the site unless there is a sufficient quantity of carbonaceous materials (leaves, composted leaves, chipped wood, etc.) to mix with the grass. Mixing ratios shall be one (1) part grass clippings to a minimum three (3) parts carbonaceous material (by volume) unless otherwise approved by the Department.
3.Grass clippings shall be mixed with carbonaceous material and incorporated in the windrow within three (3) days of delivery. Windrow size and turning or aeration frequency shall be adjusted to continue aerobic composting and to prevent foul odors. Grass clippings shall not be accepted at compost sites employing the passive windrow method.
4.Brush shall be chipped or shredded before being placed in windrows, and brush must be chipped within one (1) week after arrival, unless otherwise approved by the Department. Chipped brush may be stored for approved time periods in designated areas in quantities and pile sizes approved by the Department.
5.Empty plastic bags shall be removed from the pad area and disposed properly. Trash receptacles shall be at the site to collect empty bags and miscellaneous trash removed from windrows during the composting process.
6.In no event shall a windrow contain materials and wastes for no more than a twelve (12) month period, (composting shall be completed within this time frame);
7.Moisture in the windrow shall be maintained in a manner that continues the composting process. The moisture level shall be maintained between forty (40) and sixty (60) percent by weight.
8.In the windrow and turn method, windrows shall be turned as often as is necessary to continue aerobic composting and to prevent odors. The internal temperatures (optimum temperature 100 - 140 F) of windrows may be used as an indicator of aerobic composting. Temperatures shall be monitored at least twice per week. Windrow height and width shall be such that the windrow turning equipment used can mix all leaf and yard waste and in no case larger than twelve (12) feet in height and twenty-six (26) feet in width.
9.In static aerated windrow composting, windrows shall be mechanically aerated as often as is necessary to continue aerobic composting and to prevent foul odors. Windrow height and width shall be such that the aeration equipment can properly aerate the leaf and yard waste.
10.Windrows shall be turned as often as is necessary to mitigate the dispersion of dust and/or any potential bio aerosols. Windrows must be moist and/or water sprayed during the windrow turning process. Additional measures may be required, as necessary, to protect workers or visitors from dust and bio aerosols.
S.Dust Control
The operator must take suitable measures at all times to control dust at every composting facility, access roads to the facility and all other areas related to the facility's operations. This may be accomplished by spraying small amounts of water over the dust producing area and/or by the application of suitable chemicals or paving materials on access roads.
T.Control of Litter
Measures must be taken to eliminate the scattering of refuse. The operator shall provide for routine maintenance and general cleanliness of all areas related to the composting facility's operation.
U.Compost Storage Area
1.Shall be no smaller than at least fifteen (15%) percent the size of the windrow composting area;
2.Curing time will be a minimum of one (1) month.
V.Compost Distribution
Compost product offered for distribution shall meet the requirements of R.I. Gen. Laws Chapter 2-22 "Rhode Island Soil Amendment Law" and those parameters outlined in § 8.12 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.7** Large-Scale Putrescible Waste Composting Facility – Registration Requirements {#sec-250-ricr-140-05-8-8.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.7}
A.General Information
1.§ 8.7 of this Part and its sub-paragraphs apply to putrescible waste composting facilities that will have on site (at one or more times during their existence) greater than 600 cubic yards of the combination of collected uncomposted feedstock and feedstock that has been placed into a composting process, excluding finished compost. Before constructing a composting facility and commencing putrescible waste composting, an owner or operator of a new putrescible waste composting facility shall register such facility with the Office of Land Revitalization and Sustainable Materials Management of the Department of Environmental Management (DEM) and obtain from the DEM a written approval that such registration is complete. An owner or operator of an existing putrescible waste composting facility shall register such facility with the Department.
2.The registration and one copy thereof shall be delivered personally or by mail to the Office of Land Revitalization and Sustainable Materials Management within the Department of Environmental Management.
3.It is the responsibility of the applicant to obtain all necessary permits or approvals required by federal, state and local laws and regulations. Cooperation within the Office of Land Revitalization and Sustainable Materials Management will not be construed as relieving the applicant of this obligation.
4.Agricultural Composting Facilities will be permitted through the Division of Agriculture of the Department of Environmental Management.
5.Backyard composting, as defined in § 1.5 of this Subchapter "General Requirements" is not subject to the Putrescible Waste Composting Facility Rules and Regulations, but may be subject to Department enforcement actions if best management practices acceptable to the Department are not followed.
6.The applicant shall also meet the general requirements in § 1.5 of this Subchapter.
B.Elements of Registration
1.The registration of a putrescible waste composting facility includes submittal to DEM the following:
a.Initial Investigation Plans in accordance with § 8.7(C) of this Part;
b.Background information in accordance with § 8.7(D) of this Part;
c.Operating Plan in accordance with § 8.7(E) of this Part;
d.Contingency Plan in accordance with § 8.7(F) of this Part;
e.Additional information, per § 8.7(G) of this Part.
C.Initial Investigation Plans
Copies of the latest United States Geological Topographic Map and the United States Department of Agriculture Soil Survey Map, with the site outlined, and a site sketch (using a tax assessor's map showing the property line) with the major components of the composting facility labeled and dimensioned, must be submitted to the Department.
D.Background Information
1.Notwithstanding the provisions of § 8.7(A) of this Part, an owner or operator of a putrescible waste composting facility shall be considered by the Department to be in compliance if, within ninety (90) days of the effective date of this regulation, such owner or operator has submitted to the Department the following information with respect to such facility:
a.Name, business address, and business telephone number of the facility's owner and the owner of the land on which the facility is located;
b.Location of the facility (address);
c.Acreage of the property on which the facility is located;
d.Volume of waste composted, or expected to be composted, annually;
e.Acreage of area used, or to be used, for a composting pad, waste processing activities, and storage of compost;
f.Name of individual to be the primary contact with the Department;
g.Name, business address, and business telephone number of any engineer or other consultant employed or retained to design and/or oversee construction and/or operation of the facility.
E.Operating Plan
1.An operating plan shall be submitted including all of the information listed below:
a.Specific ownership or leasing arrangement of the facility or any other agreements affecting control, use, or operation of the site;
b.Operating days and hours;
c.Provisions for limiting access;
d.Daily traffic flow to and from the facility including the number of trips by private or public collection vehicles and quantity of solid waste in each vehicle;
e.Weighing facilities (if any);
f.Procedures for unloading trucks, including frequency, rate and method;
g.Types of compostable material to be accepted with percentages of the total;
h.Description of the composition of putrescible wastes to be accepted, the anticipated quantity of each type of material, and how each will be handled at the site;
i.Provisions for the immediate composting of all putrescible wastes;
j.Detailed description of the composting method to be used and the proposed sequence of operation;
k.For the windrow systems, the windrow(s) construction including length, width and height;
l.Method of aeration of composting materials, including turning frequency or mechanical aeration equipment and aeration capacity;
m.For in-vessel composting systems, a process flow diagram of the entire process including major equipment and flow streams;
n.Description of any process monitoring during the composting process;
o.Composting time duration (time period from initiation of composting process to completion);
p.Time period of storage of finished compost prior to distribution;
q.Description of prevailing winds during various seasons of the year with respect to impacts on off-site receptors and procedures to control odors, dust, vectors (including gulls) and litter;
r.Provisions for daily record keeping of weather conditions, wind direction, ambient temperature, odor, dust, litter, gull, and vector issues, condition of composting pad, windrow monitoring and corrective actions needed and taken;
s.Personnel and duties;
t.Procedures to control erosion and sedimentation;
u.Surface drainage control measures;
v.Leachate treatment operations;
w.Equipment to be used on-site during operating hours;
x.Substitute equipment available;
y.Communication equipment available;
z.Fire control and prevention provisions;
aa.Winter operations;
bb.Provisions for compost utilization;
cc.Documented markets for finished compost;
dd.Provisions for the proper storage of compost;
ee.Quality assurance/Quality control of finished compost, which also includes compost (product) sampling and analysis details;
ff.Method for removal of finished compost from the site;
gg.Plan for disposal of finished compost that cannot be used in the expected manner due to poor quality or changes in market conditions; Also, a plan identifying the disposal method for waste received, in the event that the waste is contaminated (or becomes contaminated) with prohibited materials such as oil, hazardous materials, etc. or if the waste cannot be placed into a composting process in an acceptable time period, per § 8.8(R) of this Part;
hh.Description of surface soil characteristics for the proposed site and depth to seasonal high groundwater and bedrock;
ii.Aesthetic considerations;
jj.Estimated life of composting facility.
F.Contingency Plan
1.The plan must address:
a.Action taken with respect to personnel and user safety;
b.On site personnel injury;
c.Fires;
d.Equipment breakdown;
e.Disposition of waste received that is not authorized by the Department to be composted at the facility (i.e. hazardous, medical waste);
f.Releases of hazardous or toxic materials;
g.Steps that will be taken to alleviate odors, groundwater contamination and other undesirable conditions.
G.Additional Information
The applicant shall submit such additional information relevant to the facility that the Department deems appropriate.
H.Re-registration
1.Each owner or operator of a registered putrescible waste composting facility shall re-register such facility with the Department, if any of the following occurs:
a.The annual volume or weight of the putrescible waste to be composted at the facility increases by twenty (20) percent of the annual volume or weight indicated in the current registration;
b.The design of the facility, or procedures or processes for putrescible waste composting are modified;
c.There is a change in the identity of the facility's owner or operator or site location.
I.Registration Suspension or Revocation
The Department may suspend or revoke a facility's registration due to owner/operator failure to comply with the Department's Rules and Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.8** Large-Scale Putrescible Waste Composting Operating Standards {#sec-250-ricr-140-05-8-8.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.8}
A.General
1.§ 8.8 of this Part and its sub-paragraphs apply to putrescible waste composting facilities that will have on site (at one or more times during their existence) greater than 600 cubic yards of the combination of collected uncomposted feedstock and feedstock that has been placed into a composting process, excluding finished compost. Such putrescible waste composting facilities shall meet all requirements set forth in this rule in addition to the General Operating Standards, § 1.5 of this Subchapter.
2.The passive composting method is prohibited for composting putrescible wastes. The windrow and turn method, aerated static pile and in-vessel composting are acceptable methods for composting putrescible waste. Other methodology will be considered for approval pending Department review.
B.Siting and Buffers
1.No putrescible waste composting facility shall be operated at any location unless at such location:
a.There are at least two hundred (200) feet between the waste staging/storing, processing, curing, and finished compost storage areas of the facility and any surface water.
b.There are at least one hundred (100) feet between the waste staging/storing, processing, and curing areas of the facility and the boundaries of the property at which the facility is located.
c.There are at least two hundred fifty (250) feet between the waste staging/storing, processing, and curing areas of the facility and any occupied building other than an owner occupied building on the property at which the facility is located.
d.There are at least three (3) feet between the ground surface of the property at which the facility is located and the seasonal high groundwater table.
e.There are at least five (5) feet between the ground surface of the property at which the facility is located and the bedrock.
f.There are at least two hundred (200) feet between the waste staging/storing, processing, curing, and finished compost storage areas of the facility and any bedrock public wells.
g.There is at least a two hundred (200) foot separation from private wells and a one thousand (1000) foot separation from gravel pack public wells (relative to the distance between the waste staging/storing, processing, curing and finished compost storage areas of the facility and such wells).
h.The composting site is not located on a public well field.
i.Buffers, such as trees, walls, fences, natural or manmade topographic features shall be installed to mitigate noise, odors, litter and other potential impacts on neighboring properties.
j.The composting site is not located on a wellhead protection area (as defined in the Department's Groundwater Quality Rules, Part 150-05-3 of this Title), delineated consistent with the wellhead protection program for a public well. If the owner or applicant seeks a variance from this requirement, then the Department will require demonstration that leachate (if any) from the composting facility will not impact on the groundwater supply, under terms of the variance.
k.A putrescible waste composting facility which is located on top of a solid waste disposal area closed in accordance with Rhode Island Department of Environmental Management Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities, Part 1 of this Subchapter and 40 C.F.R. § 258.60 (2017), shall have composting conducted on a pad to prevent disruption of the landfill cap and underlying waste. The pad shall be constructed of well-compacted, well-drained soil. It shall be no less than two (2) feet thick and sloped at two - five percent (2-5%) to promote surface drainage. The pad shall be constructed in addition to the minimum two (2) feet of final cover soil required at all closed solid waste disposal areas.
C.Endangered Species
No facility or practice shall cause or contribute to the taking of any endangered or threatened species pursuant to the Endangered Species Act, 16 U.S.C. § 1531 et seq. (2017) and/or the regulations adopted to implement such Act, as is or as amended. The facility or practice shall not cause or contribute to the destruction or adverse modification of the critical habitat of endangered or threatened species.
D.Water Pollution
1.General
a.No putrescible waste composting facility shall be operated so as to cause or to be likely to cause pollution of the ground waters or surface waters of the State;
b.In determining whether said operation of putrescible waste composting facility is causing or is likely to cause pollution of the ground waters or the surface waters of the State, the Director may consider the following factors:
(1)Groundwater monitoring results show significant statistical increases in excess of any one or more of the parameters as delineated in § 2.3.26 of this Subchapter "Constituents for Detection Monitoring",
(2)Groundwater monitoring results from the facility show detection of one or more of the parameters as delineated in § 2.3.27 of this Subchapter "List of Hazardous Inorganic and Organic Constituents",
(3)Topography, hydrology and geology of the area encompassing the composting facility indicate a likelihood of contamination of a surface water body or groundwater,
(4)Groundwater leaving the licensed area is likely to impact private or public drinking wells down gradient from the facility,
(5)Groundwater leaving the licensed area is likely to impact groundwater used for commercial or industrial processes down gradient from the facility,
(6)Facility violates a groundwater standard,
(7)An actual or potential discharge into any surface water.
c.In the event that the Director finds that the operation of a composting facility is causing or is likely to cause pollution of the groundwaters or the surface waters of the State, the Director may evaluate the operation of said putrescible waste composting facility and require such measures as are necessary to abate, eliminate or avoid such pollution, including, but not limited to, the following:
(1)Groundwater removal and treatment,
(2)Contaminated groundwater encapsulation,
(3)Alternate sources of drinking water to impacted individuals,
(4)Closure of the facility.
2.Surface Water
No composting activities shall be conducted within or impact any freshwater wetlands as defined by R.I. Gen. Laws § 2-1-20 et seq. Composting activities shall not occur on a site that is not in compliance with R.I. Gen. Laws § 2-1-20 et seq. and Rules and Regulations promulgated pursuant to that Act.
3.Groundwater
a.No composting facility shall be constructed where solid waste may be in direct contact with groundwaters of the State. A minimum of three (3) feet of soil is required between the highest water table level and the lowest level of the composting pile. The Director may require a greater separation if the three (3) feet minimum will not ensure protection of public health.
b.No composting facility shall be located within two hundred (200) feet of an existing bedrock public water supply well and within one thousand (1000) feet from a gravel pack public well. The Director may require a greater separation if these minimum separation distances will not ensure protection of public health.
E.Air Standards
1.Any composting facility shall not violate the following:
a.State implementation plans approved or promulgated pursuant to R.I. Gen. Laws Chapter 23-23, as is or as amended; the Rules and Regulations to implement such Chapter, and any applicable provisions of the Air Act, 42 U.S.C. § 7410 (2017), as are or as amended.
b.The State Air Pollution Control Act, and the Rules and Regulations promulgated thereunder.
c.Odors: The composting facility shall not emit or cause to be emitted into the atmosphere any air contaminants or combination of air contaminants which creates an objectionable odor beyond the property line of said facility. Odor evaluations shall be conducted by Department personnel to determine if an odor is objectionable by taking into account its nature, concentration, location, duration and source.
d.The composting facility must establish an odor-complaint hot line. The facility must have the ability to receive all calls on a twenty-four (24) hour per day basis. (An answering machine may be used for this purpose.) Complaints received during normal operating hours must be investigated and responded to immediately. Complaints received during times when the facility is closed must be investigated and responded to within twelve (12) hours from when the complaint is received. All complaints received by the facility and actions taken in response to the complaints must be reported to the Department within twenty-four (24) from when the complaint was received. The facility operating plan must indicate how the odor complaint hot line will be established and what actions will be taken when odor complaints are received. Odor complaint forms must be created and maintained by the facility.
F.Fire Protection
1.A facility shall not pose a hazard to the safety of persons or property from fires. In addition, the following requirements must be met:
a.All composting facilities shall submit site locator plans, site sketches, and operating plans to the local fire department for their notification and review so as to provide emergency service whenever called;
b.All composting equipment (dozer, front-end loaders and other equipment) shall be supplied with fire extinguishers.
G.Safety Provisions
Composting facilities shall be designed, operated and maintained in such a manner as to protect the health and safety of users of the facility and personnel associated with the operation of the facility, and persons in close proximity to the facility.
H.Access
1.Time: Access to the putrescible composting 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". There shall be no access to the facility for the acceptance of solid waste during this additional time.
2.Site Access - Access to the site shall be adequate to permit orderly entrance and exit, even during inclement weather. Roads shall be adequate to allow access by firefighting equipment at all times.
3.Site Security: There shall be gates at all entrances to facilities which will prevent access to the facility, except at such times as permitted under § 8.8(H)(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 and dumping.
I.Signs
1.There shall be erected at the entrance to the putrescible waste composting facility a sign, clearly legible and visible, which contains the following:
a.Name of facility and operator,
b.Emergency phone number,
c.Restricted (prohibited) materials (if applicable),
d.Operating hours and days open;
2.There must be adequate directional signs within the facility to direct drivers to the appropriate unloading area, assist in traffic control and to regulate speed within the facility.
J.Operating Plan
A facility shall be operated in conformity with its approved operating plan.
K.Site Water Supply
On-site water supply shall be available to maintain proper moisture levels in the windrows. If no on-site water is available, then a water truck may be substituted for windrow watering only. Water used to maintain windrow moisture shall not adversely impact the finished compost.
L.Compost Thermometer
A compost thermometer three (3) - four (4) feet in height, capable of reading 0 - 200 Fahrenheit must be available on site to record temperature.
M.Monitoring Requirements
1.A written record must be maintained and available for Department review of:
a.Windrow temperatures (must be recorded at least twice per week);
b.Ambient air temperature at time of recording;
c.Weather conditions;
d.Odors (if detected);
e.Pile moisture conditions and site observations. This requirement may be modified or waived, with Department approval, providing satisfactory operating conditions have been maintained and demonstrated for a length of time satisfactory to the Department.
N.Composting Pad
1.The composting pad must be designed to support heavy equipment;
2.The pad must be permeable enough to prevent ponding of surface water and firm enough to prevent ruts in all seasons;
3.Pads must be graded between a two (2%) percent and five (5%) percent slope;
4.Existing site soil that is not permeable enough to prevent standing water or firm enough to prevent ruts will require that a pad be constructed.
5.Composting pads must be constructed of bank run gravel or the equivalent,
6.The pad shall consist of at least a layer twelve (12) inches of bank run gravel or the equivalent;
7.Impermeable Pads may be approved, and such pads:
a.Must have a system for collection and management of run-off,
b.Must be designed to ensure that on-site drainage systems do not clog.
O.Drainage Control
1.The operator shall make provisions to have the composting site, including the compost pad, graded and provided with a drainage system to minimize surface water run-off onto and into the compost pad or windrows, to prevent erosion of the pad, to drain off rain water falling on the pad and to prevent the collection of standing water. Measures must be taken to prevent sedimentation associated with surface drainage from disturbed areas, and pads must be graded between two (2) and five (5) percent slopes. In no case shall the grade of the compost pad exceed the operational requirements of windrows turning equipment.
2.In addition:
a.A drainage system must be developed to prevent sediment or run-off water from migrating off site;
b.Ground surface up gradient of the site must be prepared to prevent water seepage into compost and curing piles;
c.Drainage control measures must be designed to accommodate the net increase from a twenty-four (24) hour, twenty-five (25) year storm event;
d.Putrescible waste composting facilities shall not be located in one hundred (100) year flood plains, unless provisions have been made to prevent encroachment of floodwaters onto the facility and approval has been obtained from the Office of Water Resources.
P.Windrows
Windrows shall be placed along the fall line of the compost pad (parallel to the slope of the pad). Windrow height and width shall be such that the windrow turning equipment used can mix all yard waste easily and thoroughly and in no case larger than twelve (12) feet in height and twenty-six (26) feet in width, and positioned so as not to allow water ponding between the windrows. Windrows shall also be positioned to allow for fire vehicle access.
Q.Waste Screening and Inspection
The owner or operator shall implement waste receiving area control procedures that provide for the screening and inspection of the incoming waste stream to prevent the acceptance of prohibited or unauthorized waste types, and to remove undesirable materials prior to the initiation of composting, as provided in the approved operating plan.
R.Waste Handling and Operation
1.Unloading of Waste: The unloading of solid waste shall be controlled and restricted to an area such that the material can easily be incorporated into the putrescible composting facility.
2.Litter: Windblown refuse shall be eliminated or controlled by using fences or other comparable means. The putrescible waste composting facility shall be kept free from windblown refuse at all times.
3.Brush: Any brush accepted at a putrescible waste composting facility must be chipped within one (1) week after arrival, unless otherwise approved by the Department. Chipped brush may be stored for approved time periods in designated areas in quantities and pile sizes approved by the Department.
4.Putrescible wastes must be incorporated into the active composting process immediately upon arrival at the composting facility.
5.Grass clippings are to be incorporated into the windrows within three (3) days of delivery to the site.
6.Designated storage areas shall be provided for composting materials; said areas will minimize odors, run-off, and will not adversely impact the composting facility.
7.In no event shall a windrow contain materials and wastes for more than a twelve (12) month period, (composting shall be completed within this time frame).
8.Moisture in the windrow shall be maintained in a manner that continues the composting process. The moisture level shall be maintained between forty (40) and sixty (60) percent by weight.
9.In the windrow and turn method, windrows shall be turned as often as is necessary to continue aerobic composting and to prevent odors. The internal temperatures (optimum temperature 100 - 140F) of windrows may be used as an indicator of aerobic composting. Temperatures shall be monitored at least twice per week. Windrow height and width shall be such that the windrow turning equipment used can mix all leaf and yard waste and in no case larger than twelve (12) feet in height and twenty-six (26) feet in width.
10.In static aerated windrow composting, windrows shall be mechanically aerated as often as is necessary to continue aerobic composting and to prevent foul odors. Windrow height and width shall be such that the aeration equipment can properly aerate the waste.
11.Windrows shall be turned as often as is necessary and/or any potential bioaerosols. Windrows must be moist and/or watered sprayed during the windrow turning process, Additional measures may be required, as necessary, to protect workers or visitors from dust or bio aerosols.
S.Dust Control
The operator must take suitable measures at all times to control dust at every composting facility, access roads to the facility and all other areas related to the facility's operations. This may be accomplished by spraying small amounts of water over the dust producing area and/or by the application of suitable chemicals or paving materials on access roads.
T.Control of Litter
Measures must be taken to eliminate the scattering of refuse. The operator shall provide for routine maintenance and general cleanliness of all areas related to the composting facility's operation.
U.Vector Control
1.The facility shall not operate unless the on-site vector population is minimized utilizing techniques, approved by the Department that will protect public health.
a.Conditions shall be maintained that are sanitary and therefore unfavorable for the harboring, feeding, and breeding of vectors;
b.Control of insects and rodents, where needed, shall be effected by means of a program directed by a professional exterminator utilizing insecticides and/or rodenticides or other means approved by the Department;
c.Gull control procedures shall be employed that meet the requirements of 1994 R.I. Pub. Laws Chapter 155.
V.Compost Storage Area
1.Shall be no smaller than at least fifteen (15%) percent the size of the windrow composting area;
2.Curing time shall be a minimum of one (1) month.
W.Operating Requirements Aerated Static Pile
1.Maximum height twelve (12) feet;
2.Maximum width twenty-six (26) feet;
3.Perforated PVC pipe used shall be a minimum four (4) inches diameter;
4.Porous substrate (wood chips, sawdust or other porous material);
5.Organic blankets shall be a minimum of six (6) inches (wood chips, compost, sawdust);
6.Blower fans used shall be centrifugal type.
X.In Vessel Composting
1.A professional engineer must submit design plans for this process;
2.A process flow design must be included;
3.A leachate collection system is required;
4.An impermeable pad is required.
Y.Static Aerated Composting System
1.Static aerated composting system shall be mechanically aerated as often as necessary to continue aerobic composting and to prevent foul odors;
2.Windrow height and width governed by windrow turning equipment;
3.Maximum height twelve (12) feet;
4.Maximum width twenty-six (26) feet.
Z.Communication
A suitable means of communication (telephone, two-way radio, etc.) shall be available at every putrescible waste composting facility.
AA.Compost Distribution
Compost product offered for distribution shall meet the requirements of R.I. Gen. Laws Chapter 2-22 "Rhode Island Soil Amendment Law" and those parameters outlined in § 8.12 of this Part.
BB.Closure Procedure
1.A facility must notify the Department at least three (3) months prior to the anticipated date that closure operations are to begin and must submit a closure plan for approval by the Department, prior to commencing closure operations.
2.After the closure plans have been fully implemented, the Department shall be notified so that an inspection may be made by Department personnel. A list of the deficiencies, if any, will be returned to the owner of the facility. A final inspection will be required after all deficiencies are corrected.
3.A professional engineer registered in the State of Rhode Island must certify that the facility is properly closed in accordance with the approved closure plan.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.9** Mixed Solid Waste Composting Facility License Requirements {#sec-250-ricr-140-05-8-8.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.9}
A.General Information
1.A mixed solid waste composting facility is not eligible for a registration. No person shall construct or operate a mixed solid waste compost facility unless said person has received a license approved by the Director to construct and operate a mixed solid waste compost facility. In addition to meeting the general requirements set forth in Solid Waste Regulation No. 1, Part 1 of this Subchapter, each applicant for a license to construct and operate a mixed solid waste composting facility subject to this rule must contain the following:
a.Radius plan, site plan, and construction and engineering plans and specifications, per §§ 8.9(C), (D), and (E) of this Part respectively;
b.Construction inspection and quality assurance/quality control plan per § 8.9(F) of this Part;
c.Narratives and information per §§ 8.9(G), (H), and (I) of this Part concerning:
(1)Design and operation of proposed facility,
(2)Geology, soils and groundwater,
(3)Buffers, setbacks and odor/aesthetic considerations;
d.Operating plan per § 8.9(J) of this Part;
e.Finished compost storage and marketing plan per § 8.9(K) of this Part;
f.Facility closure plan per § 8.9(L) of this Part.
B.Applicability and Exemptions
§ 8.9 of this Part applies to any person(s), corporation or other entity proposing to construct and/or operate a facility to produce compost from mixed solid waste or from mixed solid waste and other co-composting wastes, such as sewage sludge or septage. It does not apply to any person(s), corporation or other entity proposing to construct and/or operate a facility to produce compost from leaf and/or yard waste, from putrescible wastes, or from agricultural by-products as regulated in §§ 8.5 and 8.7 of this Part, or by the Division of Agriculture, respectively. Person(s) in households that intend to do backyard composting of waste generated on site and acceptable to the Department as specified in the definition of backyard composting in § 1.5(A)(22) of this Subchapter are exempt from § 8.9 of this Part. Backyard composting of sewage sludge or septage is not allowed.
C.Radius Plan
1.Radius plan(s) including all of the information listed below, shall be submitted. The radius plan(s) must be drawn to an appropriate scale adjusted to fit a standard size sheet and including all areas within a one (1) mile radius out from all property lines of the composting facility site. The required information includes:
a.Zoning of all areas as required by § 1.7(E)(5) of this Subchapter;
b.All buildings and dwellings (labeled with identification);
c.All public and private water supplies (groundwater wells, reservoirs, etc.);
d.All surface water courses (labeled with identification);
e.All wetlands and extent of 100 year flood plain (if applicable);
f.All sporting or recreational facilities, parks, conservation and management areas, wildlife refuses and historic sites (labeled with identification);
g.All roads, bridges, railroads and airports (labeled with identification);
h.All rights-of-way or easements for power lines, pipelines, etc.;
i.Legal boundaries of the site, certified by a registered land surveyor in Rhode Island;
j.North arrow;
k.Legend.
D.Site Plan
1.Site plan(s), including all the information listed below, for all areas within the site, shall be submitted. The site plan(s) must be drawn to a minimum scale of one (1) inch to one hundred (100) feet (1"=100'), adjusted to fit on a standard size sheet. The required information includes:
a.Legal boundaries of the site, which shall be certified by a registered land surveyor in the State of Rhode Island;
b.An outlined area showing the proposed licensed area of the facility (if different from the legal boundaries of the site);
c.Locations of proposed fences, gates, barriers, security stations and similar structures providing access control;
d.Access roads and on-site roads;
e.On-site vehicle traffic patterns;
f.Vehicle inspection areas (if any);
g.Parking areas (if any);
h.Weighing facilities (for in-coming vehicles with waste), (if any);
i.Buildings and structures related to the facility and dwellings;
j.Equipment storage areas (if any);
k.Any external areas for storing certain wastes or product (if any and if appropriate);
l.Power lines, pipelines and other utilities connected to the facility and rights of way;
m.Aboveground/Underground Storage Tanks (if any);
n.On-site groundwater wells, surface water courses, water supply areas or wetlands and public or private land conservation areas;
o.Locations of any monitoring wells or surface water monitoring locations (if any);
p.Locations of existing/proposed soil borings;
q.Locations of any on-site environmental control measures (e.g. stormwater control, run-on/run-off control, erosion and sedimentation control, etc.);
r.Labeling of any buffering features/buffer zones;
s.North arrow;
t.Legend;
u.Composting site designation (within or outside a wellhead protection area).
E.Construction and Engineering Plans and Specifications
1.Plans showing dimensions and details of the proposed waste receiving area, waste storage area, materials processing area, composting area, and product storage area and including plans for the building(s) to contain these activities;
2.Specifications for the design, construction and maintenance of the surface pads, for waste receiving, waste storage, material processing, composting, and product storage;
3.Specifications and plans (drawings) for materials processing and composting equipment/systems, including manufacturer's design and performance data for the selected equipment;
4.Specifications for site preparation, including clearing and grubbing;
5.Specifications and plans for odor control equipment;
6.Specifications and plans for other environmental control measures, e.g. stormwater control, run-on/run-off control, leachate and wastewater collection and treatment (if applicable), erosion and sedimentation control. Include the existing and proposed contours of the property at which the facility is located and of the properties adjacent to this property (at two (2) foot intervals);
7.Specifications for access and on-site roads, including load limits;
8.Specifications and plans for measures to limit access, e.g. fences, gates, security stations or other measures;
9.Plans showing utilities to be installed on-site, points of usage and point of service connections off-site;
10.Specifications for any aesthetic measures;
11.Specifications for fire prevention, suppression and control systems.
F.Quality Assurance/Quality Control Plan
A construction inspection, QA and QC plan showing a detailed inspection schedule and inspection details for construction completed at the site.
G.Description of Design and Operation of Facility
1.A descriptive overview (summary) of the entire operating process from reception of waste at the facility to completion of composting, including pre-processing activities, materials processing including recycling (if any), composting and post-composting activities (if any), such as screening and refining;
2.A process flow diagram of the entire process in § 8.9(G)(1) of this Part, that takes into account any manual steps, as well as mechanical or automated steps, and includes a total mass balance and accounts for all flow streams;
3.A description overview (summary) of the equipment employed in the entire process in § 8.9(G)(1) of this Part, including information on the function and capacity of each item of equipment;
4.Discussion of number of materials processing/composting systems in service during normal operating conditions and capacity of each system as well as discussion of any stand-by systems, if any.
H.Geology, Soils and Groundwater
1.A copy of the map of the soil survey in Rhode Island (map published by USDA Soil Conservation Service) with an outline of the proposed composting site clearly marked and an accompanying description (from the soil survey) of the soil classification and characteristics.
2.The results of soil borings, submitted in boring logs which shall contain the following information for each boring:
a.Date, method of boring, and location of boring;
b.Depth of the maximum elevation of the groundwater table (to be measured at a minimum of twenty-four (24) hours after the boring is taken;
c.Soil description - A detailed soil mapping to a depth of four (4) feet must be submitted for each boring and the information shall include:
(1)Color of each horizon;
(2)Texture of each horizon;
(3)Depth of each horizon;
(4)Depth to mottles (if any);
(5)Amount of coarse fragments (if any);
(6)Depth to bedrock (if encountered);
(7)Consistence or relative density;
(8)Slope.
3.The number of borings required shall be determined by the Department, after review of the application. All borings shall be driven to a minimum depth of twenty (20) feet below the proposed compost pad elevation or to refusal. Split spoon samples shall be collected at a minimum of five (5) foot intervals and a soil description (per above) shall be provided for each split spoon sample. The boring(s) shall be located to give the best indications of sub-surface conditions for the whole site. The groundwater table elevation determination shall be made when the water table is highest; this usually occurs during the months of January through April and specific dates may be determined on a yearly basis by the Department.
4.A groundwater survey showing the maximum groundwater elevations, the direction of groundwater flow and an estimation of the rate of flow (including calculations) shall be submitted.
I.Buffers, Setbacks and Odor/Aesthetic Considerations
1.Discussion of existing and proposed buffers, relative to adjacent properties;
2.Discussion of locations and distances of closest occupied buildings/residences off-site;
3.Discussion showing compliance with § 8.10(Q) of this Part, relative to set-back/buffer requirements;
4.A description of the prevailing winds during the various seasons of the year, with respect to impact of odors on off-site receptors;
5.Air flow modeling (if any) of the proposed site to project odor impact of the planned facility on off-site receptors;
6.A description of the air emission collection and control technology and all odor control systems;
7.Description of any aesthetics to be included in the proposed facility/site.
J.Operating Plan
1.An operating plan shall be submitted, including information on all of the numbered sections below. The minimum requirement for information to be provided is outlined in each section. The duration of the operating plan shall equal that of the license. The operating plan shall be reviewed by the applicant prior to license renewal and any changes to such plan shall be submitted to the Department for approval at that time.
2.The applicant must comply with the regulations within the following rules: "Mixed Solid Waste Composting Facility Design Standards" per § 8.10 of this Part, and "Mixed Solid Waste Operating Standards", per § 8.11 of this Part.
a.Operating Rates and Design Capacities
(1)For each type of solid waste input (mixed solid waste, co-composting waste (if applicable), bulking agent (if applicable), etc.), the expected near-term and projected long-range daily amount received by the facility (tons/day or cubic yards/day) and any other seasonal variations in quantities of each type.
(2)The near-term and projected long-range annual total solid waste received by the facility (tons/year or cubic yards/year),
(3)Near-term and projected long range waste processing rate at the facility (tons/day or cubic yards/day).
(4)Rated processing capacity of the facility's equipment, i.e. peak capacity for processing the mixed solid waste input (tons/day or cubic yards/day).
b.Operating Hours
(1)Naming of the days of the week and the time intervals (exact hours) on each of these days, that the facility will be open to receive waste.
(2)The time intervals (exact hours) on each day that the facility will be in operation, to include hours open to the public, as well as hours for other facility activities.
(3)Description of operating shifts, including number of shifts and time intervals (hours) for each shift (if applicable).
(4)Discussion of any seasonal variations in the schedule, including planned facility shut-down periods (if any), holidays when the facility will be closed (if applicable), etc.
c.Provisions for Limited Access - Discussion to include the following:
(1)Normal access road(s) into the facility and egress road(s) from the facility.
(2)Emergency access road(s), if any, into the facility or other provisions for access, by police, firemen, rescue, medical, etc.
(3)Security equipment and location including physical description of any fencing around the facility, physical description of barriers or gates at inlet/egress points, and any security personnel stations.
(4)Any natural land features, which prevent access to the facility.
(5)Security surveillance, including security personnel work schedules.
d.Types of Refuse to be Accepted
(1)Types and sources of solid waste in the incoming mixed solid waste and any variation over time, including seasonal variations.
(2)Discussion of suitability of the waste for composting efforts.
(3)Specification of any prohibited wastes that will not be accepted by the facility.
(4)Details of sign(s) at the facility entrance, which mention prohibited materials.
e.Types of Composting Additives, Seed Materials, Bulking Agents, Nitrogen Source, or other Amendments (if any):
(1)Description of additives and/or seed materials (if any) to be used in the composting process, including quantity, quality, and frequency of use and discussion of issues relative to impact on health, safety, or the environment.
(2)Type, source and quality of any bulking agent, nitrogen source or other amendment (if any).
(3)If sewage sludge or septage is to be co-composted, a detailed description of the source and quality of the sewage sludge or septage including any seasonal variations in its quality.
(4)Description of any expected recycling of bulking agent or compost within the facility (if any).
f.Waste Analysis Plan
(1)A description of a waste to be received and waste to be processed, to determine the quality of this waste and to demonstrate its suitability for processing and composting.
(2)If sewage sludge or septage is to be co-composted, the details of the sampling and testing plan, including parameters in the analysis.
g.Traffic Patterns
(1)Description of on-site road network serving in-coming and out-going vehicles including road surfacing and load-bearing capacity.
(2)Anticipated daily traffic flow, including specification of expected vehicle types, waste capacity, number and frequency of vehicles entering and leaving the facility.
(3)Traffic flow patterns on site.
(4)Traffic control measures on site, including directional signs, traffic lights, speed control measures, etc.
(5)Parking and unloading areas and their vehicle capacities.
h.Weighing Facilities (if any)
(1)Physical description and procedures for weighing or measuring in-coming waste.
(2)Details of information to be recorded relative to in-coming vehicles carrying solid waste.
(3)Details of equipment and procedures to be used relative to information recording and information storage.
i.Waste Inspection and Screening Procedures
(1)A description of the waste inspection and screening procedures used to assure that incoming waste accepted by the facility is consistent with the operating plan, that the recyclable materials content of each load of incoming waste is in compliance with the Subchapter 20 Part 1 of this Chapter, Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal Residential Solid Waste and Subchapter 20 Part 2 of this Chapter, Rules and Regulations for Reduction and Recycling of Municipal Solid Waste, and such that unsuitable waste that is received is separated from waste to be composted.
(2)Location of the waste inspection and screening personnel.
(3)An overview of the plan used to train the waste inspection and screening personnel.
(4)A description of any equipment or devices used to screen in-coming wastes on vehicles.
j.Waste Unloading Procedures
Procedures for unloading waste hauling vehicles, (including estimated frequency, rate and method) and a description of the waste unloading and receiving area including size and capacity to receive waste.
k.Compostable Waste Storage
(1)A description of the storage facility for compostable solid waste, including the storage capacity (tons or cubic yards).
(2)The schedule for initiation of processing of this waste, following receipt of this waste at the facility.
l.Storage and/or Handling of Composting Additives, Seed Materials, Bulking Agents or Other Amendments
(1)A description of the storage facilities for each of the items (if applicable), including the storage capacity.
(2)If the facility accepts sewage sludge or septage, for co-composting, a discussion of the expedited initiation of co-composting of this waste and any other procedures to prevent odor problems.
m.Bulky Waste, Special Wastes, and Other Non-compostable and Non-recyclable or Oversized Waste Handling Procedures,
(1)A description of the methods employed to separate out these wastes from the in-coming waste stream, where applicable.
(2)A description of the storage facilities and storage capacities for each of these types of solid waste, where applicable.
(3)The schedule for removal of these wastes from the facility and the name(s) and location(s) of the disposal sites for these wastes.
n.Prohibited Waste Handling and Disposal
(1)Procedures to be employed if prohibited waste is observed, upon inspecting the in-coming waste.
(2)A description of the storage area and capacity for prohibited waste, including any prohibited solid waste and hazardous waste that have been unloaded at the facility. The Plans shall also include the schedule for removal of these wastes from the site and disposal sites and locations for each of these types of wastes.
o.Recyclables Handling Procedures (if applicable)
(1)A description of the recyclables separation program (if any), including a discussion of the equipment and methods employed for removing and recovering recyclables, prior to composting.
(2)A list of the recyclables that are recovered.
(3)A description of the storage facilities and storage capacities for each of the recyclables (if applicable).
(4)A discussion of markets for the recyclables and the name(s) and location(s) for disposition of these recyclables.
(5)The schedule for removal of these recyclables to off-site recycling facilities.
p.Composting Procedures
(1)Description of any preliminary pre-composting steps such as measuring, shredding, size reduction, mixing, screening, proportioning and watering, including discussion of any equipment employed.
(2)Discussion of use of any additives, seed materials, bulking agents, addition of nitrogen sources, or other compost amendments, if applicable.
(3)A detailed description of the composting method to be used and the proposed sequence of operations and detention times for each phase of the composting process, including refining of final product, if applicable.
(4)The proposed duration of the process from initial composting to final product, including decomposition, cooling, stabilization, curing and refining, where applicable.
(5)Discussion of methods and conditions maintained to achieve PFRP requirements [per § 8.11(N)(5) of this Part].
(6)Details of methods employed to maintain aerobic conditions during composting, along with proper moisture and temperature.
(7)Method of aeration, including turning frequency or mechanical aeration equipment and aeration capacity and method of regulating airflow.
(8)Details and schedules for mixing and blending of wastes during active composting.
(9)If the windrow and turn method or the aerated static pile method is employed, the methods used in constructing the windrow or piles, the equipment employed and proposed dimensions of these windrows or piles.
(10)A QA/QC plan for monitoring the compost process including, but not limited to the location of temperature probes and the frequency of monitoring, moisture monitoring and its frequency, and air flow monitoring and control.
q.Procedures for Operation
During Inclement Weather and Winter Operations Discussion of special precautions or procedures for operation during wind, heavy rain, snow, freezing conditions or other severe weather.
r.Residue Handling, Storage, and Disposal
(1)A description of the method of separation of residue from compost, if applicable.
(2)A description of the physical and chemical composition of the residue (non-compostables and over-size material) resulting after the composting process.
(3)Description of the storage facility area and storage capacity for this residue, if stored prior to disposal.
(4)The schedule for off-site disposal of this residue and the name(s) and location(s) of the disposal sites.
s.Surface Water/Stormwater Management and Erosion/Sedimentation Control
(1)A description of any procedures, structures, or equipment (if any) to prevent run-on and run-off at the facility and description of stormwater control measures and surface drainage control measures (if any).
(2)A description of erosion and sedimentation control measures (if any).
t.Leachate and Wastewater Management, Disposal and Groundwater/Surface Water Protection
(1)A description of the method to collect and control leachate and wastewater from the facility.
(2)Discussion of treatment of leachate and wastewater (if applicable) and description of the method of disposal of leachate and wastewater.
(3)Discussion of any measures taken to protect groundwater and surface water.
u.Odor Control
(1)Discussion of equipment and operating methods and procedures to minimize, manage, and monitor odors and achieve proper odor control.
(2)Plans detailing corrective action in the event of odor complaints.
(3)Discussion of details relative to establishing and maintaining an odor control hot line.
v.Facility Housekeeping Procedures
(1)Procedures to prevent and control vectors, litter and dust at the facility.
(2)Discussion of routine housekeeping procedures before and after public hours (hours open to the public to receive waste).
w.Facility Inspection and Maintenance Plan
(1)Summary of the facility inspection plan including the items to be inspected routinely and their schedule from inspection.
(2)Summary of routine maintenance procedures on items to undergo routine maintenance and their maintenance schedule.
(3)Summary of corrective actions to be taken in the event of breakdown of significant equipment.
x.Outline Operations and Maintenance Manual
A summary of the topics to be included in the facility's operation and maintenance manual.
y.Personnel
(1)An organizational/manning chart for the facility.
(2)Duties and responsibilities for each facility job position.
(3)The staffing provided for each operating shift, including both operational and maintenance activities.
(4)A description of procedures, structures or equipment used at the facility to prevent operational hazards, including required personnel protective equipment.
(5)A summary of the personnel training program, which addresses the specific training, needs to operate and maintain this composting facility.
z.Fire and Explosion Prevention, Suppression and Control
(1)Description of precautions and procedures used to prevent ignition or explosion of wastes or waste by-products.
(2)Discussion of fire suppression and control measures, including source, quantity and location of available water and other firefighting materials and equipment that are on-site.
(3)Contingency fire protection in event of a water shortage or emergency.
aa.Emergency Contingency Plans
(1)Contingency operations plan in event of receipt of hazardous waste.
(2)Emergency response plan in event of significant fire or an explosion.
(3)Plans detailing corrective action in the event of groundwater contamination or chemical spills.
bb.Substitute Processing/Disposal/Transfer
(1)Discussion of facility alternate or back-up standby equipment (if any), in the event of primary equipment failure.
(2)Designation of licensed disposal site for transfer of in-coming waste in event of emergency at facility (equipment failure, power outages, natural disaster, fire, etc.) which prevents normal operation at the facility.
(3)A plan identifying the disposal method for compostable waste received, if the waste is contaminated (or becomes contaminated) with prohibited materials, such as oil, hazardous waste, etc. or is not placed into a composting process in an acceptable period of time, per § 8.11(I) of this Part.
cc.Communication Requirements
(1)Description of the types and location of communication equipment throughout the facility.
(2)Description of communication networks (internal and external).
dd.Utilities
(1)Discussion of utilities that will be connected to the facility and in operation at the facility.
(2)Description of back-up power supply at the facility.
ee.Record-Keeping
A summary of the records that will be retained at the facility.
K.Compost Storage and Marketing
1.This rule applies to compost produced in mixed solid waste composting facilities.
2.Storage Procedures - A description of the storage facilities and storage capacities (tons or cubic yards) for compost produced at the plant.
3.Anticipated Rate of Production of Compost - A plan for anticipated recovery rate of compost from the process (tons/day, cubic yards/day or other quantitative description).
4.Anticipated Compost Quality - A description of the anticipated quality of compost produced at the facility (see § 8.12(A) of this Part for Compost Quality Standards, for Class "A", Class "B" and Class "C" compost).
5.Compost Product Sampling and Testing - A QA/QC plan, which also includes compost (product) sampling and analysis details, for reasons of compost process quality control and product quality assurance.
6.Compost (Product) Uses:
a.Plans for re-use, sale or marketing of the compost product,
b.Discussion of proposed ultimate uses of compost sold or marketed.
7.Schedule for Removal of Compost (Product) From Facility and Distribution Plan
a.Expected time frame for distribution of the compost (e.g. expected time elapsed after production of a batch of compost, prior to distribution),
b.Method for removal of compost (product) from the facility,
c.A plan for distribution of the compost;
8.Packaging and Labeling of Marketable Compost
a.A description of any packaging (if any) to be employed with the distribution of the compost product,
b.Details of the information to accompany the distribution of the compost product (e.g. copy of the label, information sheet, etc., relative to bagged or bulk compost).
9.Plan for Unmarketable or Sub-Quality Compost - The plan for use or disposal of compost product that cannot be sold or marketed in the expected manner, due to poor quality or changes in market conditions.
L.Facility Closure Plan
1.This rule applies to all mixed solid waste composting facilities, regardless of the status of their future operating plans, i.e., even if there is no plan to ever close the facility in the foreseeable future. Pursuant to the requirements set forth in § 1.7(J) of this Subchapter, this plan will include the following, at minimum:
a.Planned or estimated year of proposed closure (if any).
b.Measures taken to remove all remaining solid waste or other wastes, recyclables (if any), composting waste, and compost product from the facility.
c.Methods to restrict access and prevent additional solid waste from being deposited at the facility, including physical description of any fences, gates and/or other barriers placed at the facility.
d.Discussion of impact of closure on legal boundaries of the site, changes in ownership and description of anything that affects the legal boundaries of the site.
e.Intended future use of the facility and property, following closure (immediate and long-term use).
f.A financial estimate of the costs to properly close the facility, (which shall include the use of third-party personnel and equipment to accomplish the closure). With respect to financial assurance (§ 1.7(J)(2)(b) of this Subchapter), the applicant must post financial assurance for the full amount of the closure cost estimate as a pre-condition for the issuance of a solid waste management facility license.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.10** Mixed Solid Waste Composting Design Standards {#sec-250-ricr-140-05-8-8.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.10}
A.General
All mixed solid waste composting facilities shall meet all the requirements set forth in this Part in addition to § 1.5 of this Subchapter (General Requirements).
B.On-site roads and access areas
1.All access and on-site roads shall be surfaced and constructed in accordance with heavy truck usage and for all-weather use.
2.Access and on-site roads shall be designed to prevent traffic back-ups and to permit orderly entrance and egress and maintain even traffic flow at all times when the facility is open to receive waste, even during periods of inclement weather.
C.Fencing and Gate Design
1.There shall be gates with locks at all entrances to the facility to prevent access except at times when authorized operating personnel are on duty;
2.Fencing shall be required around the perimeter of the facility to prevent unauthorized access and illegal dumping at the site and to provide containment of wind-blown litter (if any).
D.Emergency Access Provisions
Access and on-site roads shall have adequate space and shall be maintained to allow the unobstructed movement of fire-fighting vehicles and other emergency vehicles, equipment and personnel to the operating area of the facility.
E.Unloading and Sorting Area Design Features
1.The approach and unloading area shall be adequate in size and design to facilitate the rapid unloading of solid waste from vehicles and the unobstructed maneuvering of vehicles and other equipment;
2.The unloading area shall be adequate in size and capacity to manage the projected volume of incoming solid waste;
3.The unloading area shall be graded to prevent ponding of leachate from the waste;
4.The surface of the unloading area shall be constructed of impervious material, such as asphalt or concrete, capable of being cleaned by high-pressure water spray and equipped with drains, sumps or other means to collect liquids;
5.The tipping floor shall be under roof and fully enclosed with negative pressure air collection and treatment as needed, in order to avoid odor problems, to avoid windblown dust and debris and to prevent exposure to precipitation.
F.Incoming Mixed Solid Waste Storage Area Features
1.The facility shall have provisions for storage area(s) for incoming mixed solid waste, waiting to be processed. There shall be at least a capacity to store a volume of mixed solid waste equivalent to three (3) days worth of incoming waste, plus contingency storage, (to provide surge space for fluctuations in delivery volume and variations in composting operations, including processing equipment outages).
2.All unprocessed mixed solid waste storage areas shall be under roof and fully enclosed to avoid windblown dust and debris and to prevent exposure to precipitation.
3.The storage area shall be graded to minimize ponding of leachate from the waste piles.
4.The surface of the storage area shall be constructed of impervious material, such as sealed asphalt or concrete, to minimize liquid release into the groundwater under the site and to allow for cleaning with high-pressure water spray. The storage area shall be equipped with drains, sumps or other means to collect liquids.
5.These storage area design features in §§ 8.10(F)(2) through (4) of this Part also apply to co-composting wastes, bulking agents or other amendments.
G.Design Provisions for Storage of Non-Compostable Waste
1.The facility shall have the capacity for proper handling, storage and removal of hazardous waste or other non-permitted waste delivered to or generated by the facility.
2.The facility shall have provisions for proper storage of bulky, solid waste if such waste is accepted by the facility and if such waste is not immediately removed off-site for recycling or disposal. Acceptable options including storing in an enclosed structure with a roof, in a covered contained box or other equivalent option.
3.The facility shall have provisions for segregation and proper storage of recovered recyclables, if recyclables are accepted as part of the incoming waste stream and if recovered recyclables are not immediately removed off-site for recycling. Acceptable options include storing in an enclosed structure with a roof, in a covered container box or other equivalent option.
4.The facility shall have provisions for segregation and proper storage of compost residues or other process non-compostable residues or foreign matter, if such residues or foreign matter are not immediately re-processed or removed off-site for disposal. Acceptable options include storing in an enclosed structure with a roof in a covered container box or other equivalent option and shall be located on an impervious surface such as sealed asphalt or concrete to prevent leachate releases into groundwater under the site.
5.If the facility separates out or recovers any other materials that do not fall into the above categories and furthermore will not be composted at this site, and will not be immediately removed off-site, then the facility must have provisions for segregation and proper storage of such materials. Acceptable storage options include storing in an enclosed structure with a roof, in a covered container box or other equivalent option, unless an alternate option is approved by the Department.
H.Up-Front Processing Area Design Features (Prior to Composting)
1.If the facility performs any up-front processing of the incoming waste stream (i.e., removal of foreign matter and non-compostables, recovery of recyclables, material size reduction or any other activities to improve the feed-stock to be delivered to the composting area), then these activities shall be performed in an enclosed area, under a roof, to avoid windblown dust and debris and to prevent exposure to precipitation.
2.Floor surfaces shall be constructed of impervious material such as asphalt or concrete, to prevent liquid releases into the groundwater under the site.
I.Design Provisions for Operation During Inclement Weather and in Winter Season
Provisions for operation during wind, heavy rain, snow, freezing temperatures and other inclement weather conditions shall be provided.
J.Acceptable Composting Techniques (Technologies)
The Department shall consider composting by aerated static pile, by windrow method or by enclosed vessel (in-vessel), to be acceptable methods. Any other comparable method will be considered by the Department, subject to approval or denial. All methods shall be employed within an enclosed building.
K.Active Composting and Curing Area Design Features
1.There shall be sufficient space at the facility, to allow for the design volume (maximum capacity) being composted and cured at any given time;
2.All active composting and curing areas shall be under a roof and fully enclosed to avoid odor problems, to avoid windblown dust and debris, and to prevent exposure to precipitation and maintain proper moisture and biological process control;
3.All active composting and curing areas shall be located on impervious surfaces, such as sealed asphalt or concrete, to prevent leachate releases into the groundwater under the site;
4.Wherever active composting and curing areas occurs on a pad, the pad shall be graded to minimize ponding of leachate released from the composting piles;
5.There shall be drains, sumps or other means to collect leachate released during active composting and curing;
6.For facilities employing windrow composting techniques:
a.The windrow shall be placed along the fall line of the composting pad, i.e., parallel to the slope of the pad,
b.Windrow height and width shall be such that windrow turning equipment shall be able to mix the composting waste easily and thoroughly and in no case larger than twelve (12) feet in height and twenty-six (26) feet in width,
c.Sufficient distances shall be maintained between adjacent windrows to allow maneuvering of heavy equipment during all depositing, turning and removal of compost and to allow for access by other vehicles, including fire-fighting equipment;
7.For facilities employing static aerated piles: The pile height shall be such that aeration equipment can perform proper aeration of the piles and in no case greater than twelve (12) feet in height.
L.Finished Compost Storage Area Design Facilities and Capacity Requirement
1.The facility shall have sufficient capacity for finished compost storage, not to exceed twelve (12) months production;
2.The finished compost storage area must be located on impervious surfaces, such as sealed concrete or asphalt, to prevent liquid release into the groundwater under the site;
3.The surface of the finished compost, storage area shall be graded to minimize ponding of liquids where compost is stored;
4.The storage area, through appropriate design features, management practices and/or location of the storage area, shall properly control any odors generated from the stored finished compost, if any, depending on stability of the compost and climatic conditions.
M.Surface Water/Stormwater Management Design Provisions and Erosion Control/Sedimentation Prevention
1.The facility shall not be constructed or operated in a one hundred (100) year flood plain area unless provisions have been made to prevent encroachment of flood waters upon the facility and approval has been obtained from the Office of Water Resources;
2.Stormwater management systems must be designed to control the water volume of a twenty-four (24) hour, twenty-five (25) year storm and to prevent run-on from entering the receiving, processing, composting, curing or storage area.
3.For any facility where run-off and erosion may be a problem, the design of the facility shall include erosion control measures.
N.Liquids Management Design Provisions
The facility shall have a liquids collection and removal system designed, constructed, maintained and operated to collect and remove liquid waste from the waste receiving and waste storage areas, waste composting and curing areas.
O.Fresh Air and Process Air Controls
1.In order to provide for proper worker health conditions and to avoid build-up of carbon dioxide, ammonia and fog, the facility must include appropriate design provisions to include one or more of the following options or a Department approved alternate option:
a.Active ventilation of composting building enclosures to provide adequate fresh air makeup and appropriate treatment of building ceilings and other building structures to avoid or accommodate the accumulation of corrosive condensate;
b.Collection of composting process air using negative aeration or air collection inside the pile so that it can be appropriately treated and not exhausted inside the building;
c.Total enclosure of the composting waste such that all process air is contained within the enclosure during composting and such that the process air does not enter the building, but instead is separately handled and treated.
P.Odor Control Design Features
1.Facility design shall include provisions, such as bio filters, to limit the production of and/or off-site dispersal of odors;
2.Process air must be contained, collected, treated (deodorized) and dispensed to the atmosphere as necessary to avoid creating an odor nuisance from the incoming waste unloading/sorting area, the waste (feed-stock) storage area, the waste composting piles or chambers, the nitrogen source (supplementary material), storage area (if any), the compost curing area, the finished compost storage area and any other potential odor sources;
3.Scrubbing devices (if any) used to remove odors shall be properly maintained and shall be used with stacks of appropriate height and where exhaust air is properly dispersed.
Q.Setback and Buffer Requirements
1.No waste shall be received (unloaded), stored, processed or composted on any well field or within one thousand (1000) feet of any private or public drinking water supply well or within the wellhead protection area delineated consistent with the wellhead protection program for a public well. If the owner or applicant seeks a variance from this requirement, then the Department will require demonstration that leachate (if any) from the composting facility will not impact on the water supply, under terms of the variance.
2.No waste shall be received (unloaded), stored, processed or composted within the watershed of any surface water used as a public drinking water supply. If the owner or applicant seeks a variance from this requirement, then the Department will require demonstration that any run-off from the composting facility will not affect surface water quality, under terms of the variance.
3.No waste shall be received (unloaded), stored, processed or composted within two hundred (200) feet of any body of surface water or freshwater wetland. If the owner or operator seeks a variance from this requirement, then the Department will require and the applicant shall demonstrate that any run-off from the composting facility will not significantly and adversely affect the surface water or wetlands, under terms of the variance.
4.Composting activities shall not be located within any freshwater wetlands as defined by R.I. Gen. Laws § 2-1-18 et seq. Composting activities shall not occur on a site that is not in compliance with R.I. Gen. Laws § 2-1-18 et seq. and the Rules and Regulations promulgated pursuant to that Act.
5.No waste shall be received (unloaded), stored, processed or composted within one hundred (100) feet of the compost facility's property line, nor within five hundred (500) feet of any residence, place of business, or other private or public facilities occupied by humans (excluding the facility owner/operator's residences, offices, or other structures involved with the operation of the composting facility).
R.Design Provisions for Fire and Explosion Prevention, Protection, Suppression and Control
1.The facility shall be designed and constructed to prevent and minimize the potential for fire or explosion;
2.Facility design shall include provisions to monitor and inhibit spontaneous combustion and fire hazards;
3.The facility shall contain a properly designed fire suppression system with sufficient capacity to adequately control a fire within the facility.
S.Communication System Design
1.The facility shall be designed with adequate communication systems to support normal and emergency operating conditions to include at least:
2.An internal communication or alarm system, capable of providing immediate emergency instruction by voice or signal to facility personnel, must be available and in working condition at the immediate operating area of the facility;
3.An external communication system, capable of summoning emergency assistance from local police, fire departments, emergency medical services, and from state and local emergency response agencies, must be available and in proper working condition at the immediate operating area of the facility.
T.Back-up Power Supply
The facility shall be designed with a back-up power supply to meet facility needs during facility outages and to provide adequate power during emergencies, including fires.
U.Facility Support Equipment Requirement
The facility shall have sufficient types and quantities of equipment to support operations.
V.Storage Area for Replacement Parts and Equipment
A properly sized replacement parts and equipment storage area shall be included in the facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.11** Mixed Solid Waste Composting Operating Standards {#sec-250-ricr-140-05-8-8.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.11}
A.General Operating Standards
The facility shall meet all regulations set forth in this rule and its sub-sections and shall comply with the provisions and limitations of all other pertinent regulations of the Department, including the General Operating Standards in § 1.5 of this Subchapter.
B.Public Access Hours
1.Public access to the facility shall be limited to hours in which authorized operating personnel are on duty;
2.Public access to the facility shall be prohibited when the facility is closed.
C.Fencing and Gate Operation
Gates shall be locked, and all access points shall be secured when the facility is closed and when no authorized personnel are on site.
D.Signs
1.There shall be a sign erected at the entrance to the facility, which is clearly legible and visible, and which shall contain at least the following information:
a.Name of facility and operator,
b.Emergency phone number,
c.Restricted (prohibited) materials,
d.Operating hours and days open;
2.There shall be adequate directional signs at the entrance and within the grounds of the facility to direct drivers to the appropriate loading area, assist in traffic flow, and regulate speed on facility property.
E.Traffic Flow
1.The facility operator shall employ procedures, controls, and operating schedules to promote even traffic flow, to prevent traffic back-ups, and to keep open the access way for emergency vehicles;
2.The facility operator shall ensure that refuse vehicles unload waste promptly in loading areas.
F.Waste Screening and Inspection Operations
1.The operator shall implement waste receiving area control measures that provide for the screening and inspection of the incoming waste stream to prevent the acceptance of prohibited or unauthorized waste types and to remove unsuitable material, including household hazardous wastes, prior to the initiation of processing.
2.All wastes received by the facility shall be subject to the screening and inspection procedures, per § 8.11(F)(1) of this Part.
3.Prohibited wastes shall include, but not necessarily be limited to, regulated hazardous waste, regulated medical waste, loads identified as unprocessed or unsegregated construction and demolition debris, and loads mostly consisting of non-organic wastes.
4.With respect to recyclable materials (if any) in the incoming waste loads, the facility shall be operated in compliance with all State of Rhode Island requirements regarding source segregation of recyclable materials and, correspondingly, the maximum allowable recyclable materials content in the incoming loads of solid waste, in compliance with the Rules and Regulations for Reduction and Recycling of Municipal Solid Waste, Subchapter 20 Part 2 of this Chapter and the Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal Residential Solid Waste, Subchapter 20 Part 1 of this Chapter.
5.Relative to composting, unsuitable wastes shall include wastes, that if put through the composting process will adversely affect compost quality. These wastes include, but are not necessarily limited to, household hazardous waste, used motor oil, asbestos, lead-acid batteries, white goods and other bulky waste. These wastes (if any) shall be removed during initial inspection and separation of such wastes or during pre-processing (if any) of the waste stream, prior to composting of the remaining waste stream.
6.Hazards to processing equipment (if any) shall be identified and removed prior to processing. These include explosives, gas canisters that can explode, oversized materials, etc.
7.Bags of municipal solid waste (MSW) shall be manually or mechanically opened to expose all content for inspection and sorting or processing.
G.Characterization of Wastes
The facility owner or operator shall immediately notify the Department if incoming waste analyses indicate there is a significant change in quality or make-up of the incoming waste stream.
H.Restrictions on Co-Composting Wastes (Sewage Sludge, Septage, and Other Amendments)
1.If the facility co-composts sewage or septage, as a source of nitrogen, then testing and analyses of these uncomposted material(s) shall be as described below. If the facility proposes to co-compost other material(s) as a source of nitrogen or if any other amendments will be made to the incoming waste stream, such as addition of bulking agents then the Department shall be notified, prior to the use of the proposed composting material and the Department shall determine whether or not such amendment will be allowed and will provide the details of testing required, if any.
2.If sewage sludge or septage is to be co-composted, then this uncomposted waste shall be tested initially, prior to co-composting, and thereafter at least annually for the complete TCLP set of parameters and the lab test results from each test shall be submitted to the Department to verify that this uncomposted waste is not a hazardous waste.
3.If sewage sludge or septage is to be co-composted, then additional characterization of this waste shall be done initially, prior to co-composting and thereafter at least annually. This characterization shall include analyses for total Kjeldahl nitrogen, ammonia nitrogen, nitrate, nitrite, total phosphorus, total potassium, pH, total solids, total volatile solids, cadmium, copper, total chromium, mercury, nickel, lead, arsenic, molybdenum, selenium, and zinc.
I.Incoming Mixed Solid Waste Storage and Schedule for Processing
1.All incoming waste that is not immediately processed shall be confined to the designated storage area for such waste, until processing occurs;
2.Incoming waste shall be processed within three (3) days or disposed of in a manner acceptable to the Department, unless an alternate option is approved by the Department;
3.If the composting facility (including, but not limited to up-front processing operations and/or composting operations) is out of service for a longer period of time than the storage capacity of the site will allow, than additional solid waste shall not be received at this facility during the outage period.
J.Substitute Disposal Provisions
1.The facility must have an alternate method of disposal, in writing, with another in-state or out-of-state licensed solid waste management facility for by-passing of incoming solid waste in the event of equipment failure or forced shut-down or other reason which prevents the facility from receiving or processing a part or all of its normal solid waste input or maintaining acceptable operating conditions and environmental controls.
2.If, for any reason, the facility becomes inoperable, the owner or operator shall notify the Department within 48 hours and implement this contingency disposal plan immediately.
K.Bulky Waste, Special Waste, and Prohibited Waste Handling Procedures and Removal
If any or all of these categories of waste are received by the facility (in the incoming mixed waste stream) and are not immediately removed off-site for recycling or disposal, then they shall be stored in a manner and for a time period that is approved by the Department, as provided for in the approved operating plan.
L.Recyclables Handling Procedures and Removal
1.Removal and handling of waste for recycling, salvage, or utilization shall be performed in a controlled manner that does not impede the proper operation of the facility, that ensures the health and safety of all persons engaged in such activities, and prevents nuisances and vector intrusion.
2.Recyclables that are separated from the mixed waste stream and not immediately removed off-site for recycling shall be stored in a manner and for a time period that is approved by the Department, as provided for in the approved operating plan.
M.Non-Compostable Residuals Handling Procedures, Removal, and Disposal
1.Any non-compostable residuals from up-front processing or from composting operations, if not immediately removed off-site for disposal, shall be stored in a manner for a time period that is approved by the Department, as provided for in the approved operating plan.
2.Any storage of residuals (if any) shall be done in a manner that prevents nuisances and vector intrusion.
3.Disposal of residuals shall be at a licensed solid waste management facility, except if the residuals can be recycled off-site.
N.Compostable Waste Composting Procedures
1.Control of Decomposition Rates - The initial carbon-to-nitrogen ratio of the feed-stock shall be within an acceptable range such that it is low enough to provide sufficient nitrogen nutrients for vigorous composting, yet it is high enough to minimize ammonia formation and other odors. If a feedstock requires the addition of a nitrogen source to achieve the desired C:N ratio, then the operator shall avoid excessive addition that may result in ammonia dissipation.
2.Moisture Control and Moisture Monitoring
a.Percent moisture content in the composting waste shall be maintained within an acceptable range such as to sustain the desired level of microbial activity necessary for the desired rate of decomposition of the waste and to prevent over drying of the pile.
b.The owner/operator shall provide a source of water at the facility to be used for maintaining proper moisture levels in the composting piles. The quality of water shall be such that it does not contribute significant contaminants to the composting wastes. The capability to add moisture uniformly throughout the piles or bed of composting waste at any time during the composting process shall be provided.
3.Air Flow Control
a.Sufficient aeration of the composting waste shall be provided so as to:
(1)Result in aerobic biochemical decomposition of the organic material.
(2)Enable temperature control.
b.Air flow shall be properly controlled. Insufficient aeration shall be avoided to prevent elevated temperatures that retard microbial activity and to prevent anaerobic decomposition that result in foul odors and production of plant toxins. Excessive airflow shall be avoided so as to prevent over-drying and cooling of the pile or bed.
c.To Ensure Adequate Aeration
(1)Windrow Composting Method - the windrows shall be turned (aerated) as often as necessary to maintain aerobic conditions.
(2)Aerated static pile composting - piles shall be mechanically aerated as often as necessary to maintain aerobic conditions.
(3)Enclosed vessel composting - aeration of the vessel and turning of materials in the vessel shall be such as to maintain aerobic conditions.
4.Mechanical Agitation or Turning of Waste - A schedule for agitation or turning of the waste shall be implemented that provides for thorough mixing of make-up water added to the waste, enables uniform air circulation to ensure uniform microbial activity, aerobic composting, and rapid decomposition, and blends and breaks up material from top to bottom in the pile or bed to enable production of a homogeneous product. Note: This does not apply to aerated static pile composting.
5.Pathogen and Weed Seed Control - A Process to Further Reduce Pathogens (PFRP) is required during the composting process as follows (which will also inactivate weed seeds):
a.Windrow Composting Method - A minimum of five turnings of the windrow is required during a period of 15 consecutive days, while simultaneously maintaining the temperature of the waste mixture at not less than 55 degrees C (131 degrees F) within 6-8 inches below the surface of the pile. In turning the windrow, the exterior of the pile shall be turned into the interior to ensure that all solid waste is exposed to composting conditions.
b.Aerated static pile composting method - The pile shall be insulated (e.g. using a 6-12" layer of sawdust, wood chips, or cured compost) and a temperature of not less than 55 degrees C (131 degrees F) must be maintained throughout the compost pile for at least three consecutive days.
c.Enclosed vessel composting - The mixture in the vessel shall be maintained at a temperature not less than 55 degrees C (131 degrees F) throughout the mixture for at least three consecutive days.
d.If other Department-approved composting methods are employed, operating practices shall reduce pathogens to the extent equivalent to the reduction achieved in any of the above methods, and such operating practices shall be approved by the Department.
6.Temperature Monitoring
a.Monitoring of the temperature of the waste during the composting period must be performed to ensure proper temperature ranges to destroy pathogens and inactivate weed seeds as well as to maintain proper conditions for microbial activity necessary for decomposition of the waste.
b.During the period when conditions necessary to achieve PFRP are being maintained, the following temperature monitoring requirements shall be employed (during PFRP verification):
(1)Windrow composting -Daily temperature readings shall be taken, at equally spaced intervals, for at least (no greater than) every thirty feet of windrow length, but in no case shall there be less than two sets of readings for each windrow. Monitoring shall be at 6-8 inches and 18-24 inches below the pile surface.
(2)Aerated static pile composting - Daily temperature readings will be taken, at equally spaced intervals for at least (no greater than) every 20 feet of pile length, but in no case shall there be less than two sets of readings for each pile. Monitoring shall be at 6-8 inches and 18-24 inches from the outlet of the aeration pipe and at 6-8 inches, 18-24 inches below the pile surface at locations that are not adjacent to an aeration pipe.
(3)Enclosed Vessel Composting - Daily temperature reading shall be taken, monitoring 6-8 inches and 18-24 inches inside the vessel wall and 6-8 inches from the aeration piping when operating in the positive pressure mode. As an option (due to variability of design among vessel options), the temperature-monitoring plan shall be system specific and must prove to the Department's satisfaction that it will be adequate to determine if PFRP conditions are being met.
(4)Temperature readings shall be taken in the same locations each day and an arithmetic average shall be calculated for each day's readings.
c.Throughout the entire composting process the temperatures of the waste being composted must be monitored and recorded at least once each working day. The details of the daily monitoring program shall be provided to the Department, in the facility's operating plan, and shall be reviewed for adequacy on a case specific basis.
7.Compost Curing Considerations
a.Compost curing shall be performed in static piles or windrows.
b.Proper moisture levels shall be maintained in the curing piles, in order to sustain microbial activity.
c.Aerobic biochemical decomposition conditions shall be sustained in the piles or windrows, throughout the curing phase.
8.Compost Residence Time - Active composting and curing shall be sufficient time to satisfy and comply with PFRP and produce a stable, non-odorous product.
O.Odor Control
1.The operator shall prevent and eliminate conditions that create odors.
2.The facility shall be operated to control any odors that are created.
3.The facility shall not discharge air pollutants which cause objectionable odors off-site (beyond the facility's property line). Odor evaluations shall be conducted by Department personnel to determine if an odor is objectionable by taking into account its nature, concentration, location, duration and source.
4.The composting facility must establish an odor complaint hot line. The facility must have the ability to receive calls on a twenty-four (24) hour per day basis. (An answering machine may be used for this purpose.) Complaints received during normal operating hours must be investigated and responded to immediately. Complaints received during times when the facility is closed must be investigated and responded to within twelve (12) hours from when the complaint is received. All complaints received by the facility and actions taken in response to the complaints must be reported to the Department within twenty-four (24) hours from when the complaint was received. The facility operating plan must indicate how the odor complaint hot line will be established and what actions will be taken when odor complaints are received. Odor complaint forms must be created and maintained by the facility.
P.Vector Control
1.The facility shall not operate unless any on-site vector population is minimized by appropriate techniques to protect public health as follows:
2.Conditions shall be maintained that are sanitary and therefore unfavorable for the harboring, feeding, and breeding of vectors.
3.Control of insects and rodents, when needed, shall be effected by means of a program directed by a professional exterminator utilizing insecticides and/or rodenticides or other means approved by the Department. Use of such pesticides shall be performed with care, such that composting waste and finished compost is not contaminated by these agents.
4.The operator shall inspect the facility daily to detect any vectors and promptly take corrective action.
Q.Litter Control
1.The operator shall not allow solid waste, composting waste, finished compost, or other materials or wastes to be blown or otherwise undesirably deposited off-site.
2.The operator shall inspect the facility's property daily to detect litter and promptly take any necessary and corrective actions.
R.Dust Control
1.The operator shall prevent and eliminate conditions that create dust.
2.The operator shall use suitable methods and take appropriate actions at all times to control dust at the facility, also including access roads to and from the facility and other areas related to facility operation.
3.The operator shall inspect the facility daily to detect any dust accumulation and promptly take corrective action.
S.Hot Spot Monitoring and Control
The operators shall inspect the facility daily to detect hot spots in a storage or composting area and promptly take corrective action, when necessary.
T.Open Burning Prohibition
Open burning of any type shall be prohibited at a facility.
U.Air Standards
1.The operator shall prevent fugitive air contaminants to a level acceptable to the Department, and otherwise prevent and control air pollution.
2.With respect to air standards, the facility shall not violate state implementation plans approved or promulgated pursuant to R.I. Gen. Laws Chapter 23-23, the Rules and Regulations adopted to implement such chapter, and the Clean Air Act, 42 U.S.C. § 7401 et seq. (2017).
V.Surface Water Pollution
The facility shall not cause pollution of the surface waters of the United States so as to violate the R.I. Water Pollution Act, R.I. Gen. Laws Chapter 46-12, 33 U.S.C. § 1251 et seq. (2017) (Section 402 of the Clean Water Act), nor shall the facility cause a discharge of dredged material or fill in violation of 33 U.S.C. § 1344 (2017) (Section 404 of the Clean Water Act).
W.Groundwater Pollution
The facility shall not cause pollution of any groundwater. In addition, the facility shall comply with the requirements of the Clean Water Act, 33 U.S.C. § 1251 et seq. (2017) (Section 402 of the Clean Water Act), and the regulations adopted pursuant to the Act, specifically 40 C.F.R. § 257.3-4 (2017).
X.Surface Water/Stormwater Control and Erosion Control
1.Surface water and stormwater shall be diverted away from the operating area, to include all areas where waste is received, stored, processed, and composted, and cured, as well as the finished compost storage area and any waste residual storage area.
2.Surface water, stormwater, and any other water that comes in contact with wastes stored for composting, waste being processed or composted or cured, compost waste residue, or processed material which does not meet the specifications for finished compost shall be considered leachate and shall be diverted to the collection area for proper disposal or shall be re-used in waste processing or composting.
3.The facility owner and/or operator shall employ procedures to prevent and minimize erosion and sedimentation during construction, operation, and after closure.
Y.Leachate and Wastewater Control
1.All leachate must be managed by a Department approved method and treated, if necessary, to meet any applicable requirements.
2.The facility shall contain, collect, recycle, or properly dispose any and all liquid waste received or generated at the facility.
3.Any wastewater and liquid waste that is not recycled, but instead disposed, shall be disposed in a manner that does not pollute any source of private or public water supply, any waters of the state, or groundwater.
Z.Operational Records Requirements
1.The owner or operator shall record and shall maintain (for at least three (3) years) the following information regarding daily facility activities. Records shall be available for inspection by Department personnel during normal business hours. Daily records and logs shall include the date of the event.
a.Source, description and quantity of all wastes received at the facility, as well as additives, seed material, bulking agents, or other materials to be used in the composting process, recorded on a daily basis, on their day of receipt;
(1)The "source" shall include the name and address of the generator or point of origin of such waste, additive, seed material, bulking agent, or other material used in the composting process,
(2)"Wastes" shall include both compostable and non-compostable wastes and shall be recorded individually and separately, whenever such wastes are received in segregated forms,
(3)"Quantity" shall be the weight or volume of waste, additives, seed material, bulking agents or other materials received and the quantity of each type of material shall be recorded individually and separately.
2.Description and quantity, by weight or volume, of prohibited or non-processible wastes transported from the facility and destination of such waste, recorded on a daily basis. These wastes shall include, but not be limited to, any hazardous, non-permitted, bulky, or other special wastes in the incoming waste stream, which have been separated out.
3.Description and quantity, by weight or volume, for each category of recyclable, salvaged, or recovered material transported from the facility and destination of such waste, recorded on a daily basis.
4.Description and quantity, by weight or volume, of compost residues, or other processed non-compostable residue or foreign matter transported from the facility for disposal and destination of such solid waste, recorded on a daily basis.
5.Description and quantity by weight or volume, of any waste by-passed by the facility in the event of equipment failure or forced outage or other reason which prevents the facility from receiving or processing this waste. This daily record shall indicate that this is by-passed waste and shall indicate the reason for bypassing the waste and the destination of such waste.
6.Quantity of non-marketable composted material, by weight or volume, transported from the facility for disposal and destination of such material, recorded on a daily basis. This record shall indicate that the material is non-marketable and the record shall indicate the reason (lack of market, does not meet market specifications, does not meet product quality standards for Class "A", "B", or "C" compost or other reason).
7.For both bagged and bulk compost, the quantity by weight or volume, of finished, marketed compost, transported from the facility, and the planned location and proposed use of the compost, for each compost procurer or buyer of greater than ten (10) cubic yards of compost, recorded on a daily basis. The name and address of each procurer or buyer shall be recorded and if bulk compost is being procured, the compost batch I.D., (see § 8.11(Z)(10) of this Part below) shall be recorded. Also, signatures of the facility's representative and the user shall be recorded.
8.A daily temperature log, for each monitoring point in compost piles, windrows, or beds, which at least includes the monitoring point I.D., (including identification of particular composting pile, windrow or bed and location within the pile, windrow or bed), age of the pile, windrow or bed at the particular monitoring point (i.e., number of days since composting commenced), date, time, temperature reading, data collection method and name of person collecting data.
9.A daily moisture log, which describes composting pile, windrow or bed inspections and any actions taken to maintain proper moisture, including addition of water as necessary.
10.For windrow method of composting, a daily log to be kept for each windrow, which includes windrow I.D., date composting commences, and dates of turning of the windrow (to aerate and mix pile). For other methods of composting, a daily log to be kept, which includes pile or bed I.D., date composting commences and dates of aeration of the pile or bed.
11.A composting time retention log, which identifies, for each pile, windrow, or bed being composted, the total number of days elapsed from commencement of composting to completion of the entire composting processing [including high-rate decomposition, stabilization, curing and refining, (if applicable)].
12.If sewage sludge or septage is co-composted, all lab analyses of all tests performed on representative samples, shall be retained. If the Department requires sampling and testing of any other wastes, additives, bulking agents, or other materials, than those lab analyses shall also be retained.
13.Relative to sampling and testing, and classification of finished compost:
a.A sampling log shall be kept with an entry for each batch of finished compost to be sampled and tested, per the approved sampling plan, to include the compost batch I.D., the date and time of sampling, the sampling method and location, the name of the person performing the sampling, and the lab to which samples were sent.
b.All lab analyses of all tests performed on samples of finished compost shall be retained.
c.A compost classification log shall be kept, which includes, for each batch of finished compost, the compost batch I.D., the classification assigned to that batch, and supporting information used by the facility's owner/operator to justify assigning that classification.
14.A record of actions log, which provides a summary of corrective actions taken by the facility owner/operator, relative to any deficiencies noted in Department inspection reports and relative to any deficiencies or violations issued by the Department in letters of deficiency or notices of violations.
15.Summary of all maintenance procedures on processes, equipment, or monitoring and control systems, and site inspection records.
16.Personnel Training Records - Training records that document the type and amount of training received by current facility personnel shall be maintained at the facility in accordance with the operating plan.
17.Any other records to be kept, as required by the Department or as provided in the approved operating plan.
AA.Operational Reports to DEM
The facility owner and/or operator shall provide periodic written reports of operation, if required by DEM per the approved license. The details and frequency of reporting shall be provided in the approved operating plan or as license conditions.
BB.Facility Equipment Requirements
1.The operator shall maintain on-site equipment necessary for facility operation in accordance with the license. The equipment shall be maintained in an operable condition.
2.Replacement equipment and parts for equipment, which is subject to excess wear or frequent breakdown, due to the nature of operation shall be stored on-site or at a place where it can be available within twenty-four hours, to provide expedient repair.
3.If a breakdown of operator's equipment occurs, standby equipment shall be utilized as necessary to comply with any license condition.
CC.Facility Inspection and Maintenance
1.The operator of the facility shall maintain all facility components, systems, and equipment in a manner that facilitates proper operation and minimizes downtime.
2.Immediately following the initiation of facility operation, facility personnel shall begin routine inspection for operating effectiveness and equipment/component/system deterioration or malfunction.
3.A planned maintenance and overhaul schedule for major equipment shall be established and executed during facility operation.
DD.Health and Safety
1.The facility shall be designed, operated, and maintained in such a manner so as to protect the health and safety of users of the facility and personnel associated with facility operation, and persons in close proximity to the facility.
2.First aid facilities and supplies shall be available at the facility.
EE.Fire Prevention and Protection
1.The facility shall be maintained and operated to prevent and minimize the potential for fire or explosion.
2.The facility shall have a suitable quantity of water at sufficient pressures suitable for firefighting purposes and approved by the local fire authority.
3.Portable fire extinguishers and fire control equipment shall be available and in proper working condition, at the operating area of the facility.
FF.Emergency Support Services
The facility shall have arrangements, in writing, from nearby fire department, police department, rescue service, medical service, hazardous waste emergency response company, and hazardous waste transporter to provide emergency services in case of facility fires, explosions, hazardous waste incidents or other similar emergencies.
GG.Personnel Staffing Requirements
1.There must be at least one trained attendant (trained in the operation of the facility) on site during any and all operating hours that the facility is open to receive waste.
2.The facility shall maintain sufficient types of quantity and personnel during each operating shift to assure the proper and orderly operation of all components and systems, along with the ability to handle all routine maintenance requirements. Such personnel shall have sufficient educational background, employment experience, and/or training to enable them to perform their duties in a safe and competent manner.
HH.Facility Management
Each operating shift shall have a designated shift supervisor or equivalent to direct and implement operational decisions during that shift. The operation of the facility shall be under supervision and control of qualified individual(s) during all operating hours.
II.Personnel Training Programs
1.There shall be a comprehensive training program for all employees covering normal job responsibilities and procedures, emergency situations and procedures, and safety issues.
2.Employees involved with operation and/or maintenance of the facility shall receive training at least annually.
3.Facility specific training manual(s) shall be used for training facility personnel. The manual(s) shall be kept up-to-date, with any necessary revisions made at least annually. The manual(s) shall be kept in a readily accessible location and shall be available for inspection by the Department.
4.Operating and maintenance personnel shall receive their initial training prior to assumption of operational/maintenance activities.
JJ.Emergency Contingency Plans
.Contingency plans and procedures to handle fires, explosions, hazardous waste incidents and similar emergencies shall be developed for facility personnel and in conjunction with local authorities (police, rescue, fire, medical groups, hazardous waste response companies and transporters), prior to facility operation.
KK.Operation and Maintenance Manual
An operation manual of policies and procedures specific to the facility shall be prepared and updated as needed and available at the facility for inspection by the Department. It shall include general design information, and detailed operational information and instructions that enable supervisory and operating personnel to determine sequence of operations, and routine maintenance procedures with schedules to be followed. Also, it shall include, safety requirements and procedures, emergency shutdown procedures and trouble-shooting procedures.
LL.Finished Compost Storage and Removal
1.The amount of finished compost stored at the facility shall not exceed the designed finished compost storage capacity.
2.Storage of finished compost on site is limited to twelve months. Any finished compost that is not used or sold within twelve months shall be removed from the site.
3.Processed material, which does not meet specifications for compost, shall be managed by the facility as residual waste and shall be disposed of off-site in a manner and schedule consistent with testing, approved by the Department.
4.Incoming solid waste shall not be mixed with finished compost. In order to discourage re-introduction of contaminants, pathogens, and weed seeds, finished compost shall not have any such unprocessed waste mixed in.
5.Finished compost shall not be stored where continuous or intermittent contact can occur between compost and groundwater.
6.Finished compost shall be stored in a manner, which does not create a dust or odor nuisance for off-site receptors.
MM.Facility Closure Plan
1.The facility's owner/operator shall notify the Department at least three months prior to the anticipated date that closure operations are to begin.
2.The facility must implement the approved closure plan.
3.Requests for deviations from the previously approved closure plan shall be in writing, including an updated final closure plan, if appropriate, and written approval from the Department must be obtained prior to implementation.
4.After the closure plan has been fully implemented, the Department shall be notified so that an inspection may be made by Department personnel. A list of deficiencies, if any, will be returned to the owner of the facility. A final Department inspection will be required after all deficiencies are corrected.
5.A professional engineer registered in the State of Rhode Island must certify that the facility is properly closed in conjunction with its approved closure plan.
NN.Transportation Requirements
Any incoming sewage sludge or septage (if any) shall be transported to the facility in vehicles which are properly sealed, watertight and covered while in transit so as to prevent any leakage or dropping of such waste.
OO.Compost Distribution
Compost product offered for distribution shall meet the requirements of R.I. Gen. Laws Chapter 2-22 "Rhode Island Soil Amendment Law" and those parameters outlined in § 8.12 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.12** Compost Product Requirements and Distribution {#sec-250-ricr-140-05-8-8.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.12}
A.Compost Quality Standards
1.This rule applies to compost produced in all types of composting facilities subject to §§ 8.5, 8.8, or 8.10 of this Part, as well as those composting operations in §§ 8.3 and 8.4 of this Part that are offering finished compost for sale or free distribution. The parameter limits for three classes of compost, Class "A", Class "B" and Class "C", are established in this section. [The allowed uses of these three classes of compost are provided in § 8.12(C) of this Part]. Any finished compost which does not meet the limits established for Class "A" or Class "B" compost shall be considered Class "C" where specific Class "C" limits for heavy metals are omitted.
2.Heavy Metal Limits - mg/kg (dry weight) - maximum allowed
Parameter
Class “A”
Class “B”
Arsenic
41
75
Cadmium
39
85
Chromium (total)
1200
3000
Copper
1500
4300
Lead
300
840
Mercury
17
57
Molybdenum
75
75
Nickel
420
420
Selenium
36
100
Zinc
2800
7500
3.Toxic Organics - mg/kg - maximum allowed
Parameter
Class “A”
Class “B”
Class “C”
PCB (total)
1.0
1.0
10
4.Pathogens - Pathogens include bacteria, viruses, protozoa, helminth and fungi. All classes of compost shall be produced from a process to further reduce pathogens (PFRP). Acceptable composting measures to result in PFRP conditions are provided in § 8.11(N)(5) of this Part. Additionally, all classes of compost produced from mixed solid waste shall have a fecal coliform density less than 1,000 Most Probable Number per gram of total solids (dry weight) (1,000 MPN/gTS) OR a Salmonella density less than 3 Most Probable Number per 4 grams of total solids (3 MPN/4gTS).
5.Foreign Matter - % dry weight - All classes of compost shall not contain glass, metal, etc. (i.e.: foreign materials) that exceed the limits below. The weight fraction of all foreign matter may be no greater than the limits as follows:
Parameter
Class “A”
Class “B”
Class “C”
Foreign matter
1%
2%
4%
6.Particle Size Distribution
a.Class "A" limit: 100% < 10mm (0.39") particle size
b.Class "B" limit: 100% < 10mm (0.39") particle size
c.Class "C" limit: 100% < 25mm (0.98") particle size
7.Electrical Conductivity (maximum soluble salts) - The optimal range for growing media, i.e., compost amended soil, is 0.5-4.5 mmhos/cm. Acceptable levels will vary according to end user application. Compost producers shall provide electrical conductivity information on labels or in other product literature, for the intended end-user application and comply with user industry standards.
8.pH - The acceptable pH level will vary according to end user application and will generally be in the 5.5-8.5 range. Compost producers shall provide pH information on labels or in other product literature, for the end-user application and comply with user industry standards.
9.Maturity and Stability
a.Class "A" compost and Class "B" compost shall be brown to black in color and shall have a reduction in organic matter, via the composting process, of at least 60% as measured by reduction in volatile solids. It shall be sufficiently stable, such that it does not reheat, upon standing, to greater than 20 degrees C above ambient temperatures. Other techniques or measures, subject to the approval by the Department may be substituted for the above to demonstrate an equivalent maturity and stability.
b.Class "C" compost shall be light to dark brown or brown to black in color and shall have a reduction in organic matter, via the composting process, of at least 40%, as measured by reduction in volatile solids. It may reheat, upon standing, to greater than 20 degrees C above ambient temperature. Although it may not be a very stable compost, it shall at least be of a state which does not create a nuisance (odor or vector) problem, during storage or when applied by the end-user. Other techniques or measures, subject to the approval by the Department, may be substituted for the above to demonstrate an equivalent maturity and/or stability.
c.Relative to compost pile stability, temperature measurements, to determine reheat characteristics, shall be at a point two feet into the pile from its outside surface.
d.Additionally, all classes of compost produced from waste that included sewage sludge and/or septage as a co-composting material shall be produced from a composting process, whereby the temperature of the composting waste is kept at 40 degrees C for at least 14 days and the average temperature of the composting waste during this 14 day period is greater than 45 degrees C.
B.Compost Sampling and Testing Requirements
1.(This rule applies to all composting operations/facilities subject to §§ 8.3, 8.4, 8.5, 8.7, or 8.9 of this Part.)
a.Parameters in Set #1 include heavy metals (arsenic, cadmium, chromium (total), copper, lead, mercury, molybdenum, nickel, selenium, and zinc), total solids, total volatile solids, total Kjeldahl nitrogen, ammonia nitrogen, nitrate, nitrite, total phosphorus, total potassium, and pH.
b.Parameters in set #2 include PCB's (total), % foreign matter, particle size distribution, electrical conductivity (soluble salts), and product stability (C reheat or other approved measure).
(1)The Department may decrease or increase the frequency of required sampling and testing due to changes in the make-up of the facility's input waste stream, results of the monitored data, changes in the rate of compost production, or other appropriate factors.
(2)The Department may add or delete parameters to be analyzed due to changes in the make-up of the facility's input waste stream, changes in the pre-processing of waste prior to composting, results of the monitored data, Federal requirements (if any), or other appropriate factors.
2.QA/QC Requirements
a.Sampling and analysis shall be performed, using approved EPA protocols (and per the facility's QA/QC plan that has been approved by the Department, for large-scale composting facilities).
b.All analyses must be performed by a laboratory acceptable to the Department.
c.Reports of Analyses shall include copies of laboratory results with all results reported on a dry weight basis except pH, total solids, and total volatile solids.
3.Sampling and Testing Schedule (for final product)
a.For Small-Scale Composting Operations that sell or freely distribute finished compost, the sampling and testing frequency shall not be less than as follows:
(1)First year of operation - The small-scale composter shall sample and test the finished compost once during the first year for parameter sets #1 and #2.
(2)Subsequent operating years - The sampling and testing frequency may be reduced to biennially for parameter sets #1 and #2.
(3)The frequency of sampling and testing may be further reduced or discontinued if the facility has established, through past test results submitted to the Department, that the finished compost product meets Class “A” compost standards and the facility maintains existing operating procedures. Any changes to facility operating procedures or changes to the types of wastes received by the facility may require increased sampling and testing frequency.
(4)All analysis shall be performed on samples composited from no less than three (3) grab samples, unless specific analysis protocol requires otherwise (i.e.: specific analytical protocols may require analysis of grab vs. composite samples).
b.For Medium-Scale Composting Facilities that sell or freely distribute finished compost, the sampling and testing frequency shall not be less than as follows:
(1)First year of operation - The medium-scale composter shall sample and test the finished compost once during the first year for parameter sets #1 and #2.
(2)Subsequent operating years - The sampling and testing frequency may be reduced to annually for parameter sets #1 and #2.
(3)The frequency of sampling and testing may be further reduced or discontinued if the facility has established, through past test results submitted to the Department, that the finished compost product meets Class “A” compost standards and the facility maintains existing operating procedures. Any changes to facility operating procedures or changes to the types of wastes received by the facility may require increased sampling and testing frequency.
(4)All analysis shall be performed on samples composited from no less than three (3) grab samples, unless specific analysis protocol requires otherwise (i.e.: specific analytical protocols may require analysis of grab vs. composite samples).
c.For large-scale composting facilities, the frequency of sampling and testing shall be performed as prescribed in the facility’s approved QA/QC plan. Additionally, this sampling and testing frequency shall not be less than the schedule shown below except as follows: The frequency of sampling and testing may be reduced or discontinued if the facility has established, through past test results submitted to the Department, that the finished compost product meets Class “A” compost standards and the facility maintains existing operating procedures. Any changes to facility operating procedures or changes to the types of wastes received by the facility may require increased sampling and testing frequency.
Parameter Set
Average Compost Produced
Frequency of Analysis*
#1
<1 dry ton/day
Semi-annually
#1
1-10 dry ton/day
Monthly
#1
>10 dry ton/day
Weekly
#2
<10 dry ton/day
Annually
#2
1-10 dry ton/day
Semi-annually
#2
>10 dry ton/day
Monthly
*All analysis shall be performed on samples composited from no less than three (3) grab samples, unless specific analysis protocol requires otherwise (i.e.: specific analytical protocols may require analysis of grab vs. composite samples).
d.The frequency of sampling and testing may be reduced or discontinued if the facility has established, through past test results submitted to the Department, that the finished compost product meets Class “A” compost standards and the facility maintains existing operating procedures. Any changes to facility operating procedures or changes to the types of wastes received by the facility may require increased sampling and testing frequency.
C.Compost Utilization, Distribution, and Labeling Requirements
1.This rule applies to compost produced in all types of large-scale composting facilities subject to §§ 8.5, 8.7, or 8.9 of this Part. Small-Scale Composting Operations and Medium-Scale Composting Facilities, subject to §§ 8.3 and 8.4 of this Part respectively, and that can only sell or freely distribute their Class “A” finished compost, are only subject to § 8.12(C)(1)(a) of this Part. Class "A", Class "B", and Class "C" compost are defined, according to compost quality standards in § 8.12(A) of this Part. Any facility that produces and/or distributes compost must comply with the Department's Office of Natural Resource Services Commercial Fertilizer Law, R.I. Gen. Laws Chapter 2-7, and any other Rules and Regulations pertaining to fertilizer and soil amendment products. All fertilizer and soil amendment products must be registered with the RIDEM Division of Agriculture before being offered for sale.
a.Class "A" Compost
(1)Class "A" Compost Utilization: Unrestricted use - this class of compost may be distributed for agricultural and non-agricultural use including, but not limited to, the following:
(AA)Agricultural uses.
(BB)Homeowner use.
(CC)Nurseries and tree farms.
(DD)Floriculture and turf-grass production.
(EE)Other agricultural and horticultural uses.
(FF)For landscape applications, including also highway medians and roadsides.
(GG)For public parks and grounds, sports fields and stadiums, golf courses, cemeteries, and similar applications.
(HH)On forest land.
(II)For land reclamation.
b.Class "A" Compost Distribution and Labeling:
(1)Bagged or Packaged Compost - All compost that is bagged or distributed in any other packaged form shall be properly labeled. The label shall appear on the face or display side of the container and the label shall contain, at a minimum, the following information in a readable and conspicuous form:
(AA)Net weight or volume of the contents.
(BB)Brand name, which shall include in its name or in a separate section of the label, an indication that it qualifies as R.I. Class "A", Class "B", or Class "C" compost (per compost quality standards within § 8.12(A) of this Part.
(CC)The type of waste the compost product was derived from, including a listing of wastes that make-up the waste stream that was composted, any bulking agents, and any co-composting materials or wastes.
(DD)Recommended safe uses.
(EE)Any restrictions (prohibitions) on use of the product.
(FF)Directions for application to soil (to include recommended land application rates).
(GG)Name and address of the registrant (distributor).
(HH)Warning to keep out of reach of children.
(II)Electrical conductivity, and pH ranges of compost and the acceptable levels according to end user applications.
(JJ)If the recommended land application method does not include mixing or blending this product with existing on-site soils, then a statement that the product is "lead safe" but not "lead free" must appear on the package. If the product is "lead free", then no statement is required.
(2)Unpackaged or Bulk Distribution of Class "A" Compost - Unpackaged or bulk distribution shall mean Class "A" compost that are sold or given away in bulk (not in a bag or container) for application to the land. Class "A" compost that is sold or given away in a container holding more than fifty (50) pounds of Class "A" compost shall be considered unpackaged distribution. The requirements for the distribution of unpackaged Class "A" compost is based on volume as follows:
(AA)Less Than Ten (10) Cubic Yards - Any distributor of Class "A" compost must provide, in writing, to all users taking less than ten (10) cubic yards per day the same information as required for bagged or packaged compost.
(BB)More Than Ten (10) Cubic Yards - Any distributor of Class "A" compost must provide a "User's Guide" to all users taking more than ten (10) cubic yards per day, in addition to the information required for bagged or packaged compost distribution. The "User's Guide" must be approved by the Department, and must include instructions on the proper use of the product for various applications.
(3)The distributor must maintain written records of the following information:
(AA)The date the Class "A" compost was taken; name of user; amount of Class "A" compost taken, and its intended use and location; and signatures of the operator and the user.
(BB)The distributor must also indicate in the records that the user received a "User's Guide". Said records must be available for inspection at all times.
2.Class "B" Compost Utilization and Distribution: This class of compost may be distributed for agricultural and non-agricultural applicants with Department approval, and must be limited to bulk distribution only. Restrictions apply on use where crops are produced for direct human consumption, residential/homeowner use, any use with unrestricted public access, or any use where excessive ingestion of soil/dust may occur by children under seventy-two (72) months of age. All projects and/or locations utilizing Class "B" compost must obtain advance approval from the Department.
a.Agricultural Utilization of Class "B" Compost - This sub rule applies to the utilization of Class "B" compost as a fertilizer and/or soil amendment to enhance agricultural lands. Such uses may include, but are not limited to nurseries and tree farms, floriculture, and turf grass production.
(1)Soil Analysis - Soil from the proposed land application site must be tested for metals and for the parameters listed in § 8.12(A) of this Part. The Director shall determine the testing and reporting frequency. All soil analyses shall be the responsibility of the applicant.
(2)Land Application Rates - All Class "B" compost intended for agricultural utilization must be applied at an annual rate not to exceed the amount necessary to supply adequate available nitrogen for crop production using good agricultural practices or not to exceed the maximum annual rates recommended by the U.S. Department of Agriculture to achieve fertilizer benefits and soil improvement.
(3)Cumulative Loading Rates - The maximum amount of Class "B" compost that can be applied to a land application site shall be subject to satisfying either:
(AA)Federal or Department determined Annual Pollution Loading Rate Limits (as determined by the Department's Office of Water Resources), or
(BB)Federal or Department determined Cumulative Pollution Loading Rate Limits (as determined by the Department's Office of Water Resources);
(CC)The amount of metals in the soil shall be deducted from each calculation.
(4)Crops - Food chain crops with harvested parts that touch the Class "B" compost/soil mixture and are totally above the land surface shall not be harvested for fourteen (14) months after application of Class "B" compost. Food chain crops with harvested parts below the surface of the land shall not be harvested for twenty (20) months after application of Class "B" compost when the Class "B" compost remains on the land surface for four (4) months or longer prior to incorporation into the soil. Food chain crops with harvested parts below the surface of the land shall not be harvested for thirty-eight (38) months after application of Class "B" compost when the Class "B" compost remains on the land surface for less than four (4) months prior to incorporation into the soil. Food chain crops with harvested parts that do not touch the Class "B" compost/soil mixture, feed crops and fiber crops shall not be harvested for thirty (30) days after application of Class "B" compost. If a land application site receives Class "B" compost which meets the pathogen limits established for Class "A" compost, the requirement above may be waived. Soil pH must be maintained at 6.5 or higher to reduce solubility and plant uptake of heavy metals.
(5)Animal Grazing - Animals whose products are consumed by humans shall not be allowed to graze on land where Class "B" compost is applied for thirty (30) days after the last application of Class "B" compost has occurred. If a land application site receives Class "B" compost which meets the pathogen limits established for Class "A" compost, this requirement may be waived.
(6)Turf - Turf grown on land where Class "B" compost is applied shall not be harvested for one (1) year after the last application of Class "B" compost has passed when the harvested turf is placed on either land with a high potential for public exposure or a lawn. If a land application site receives Class "B" compost which meets the pathogen limits established for Class "A" compost, this requirement may be waived.
(7)Public Access - Public access to land where Class "B" compost has been applied shall be prohibited by the owner or operator until such time as vegetative growth has been established on the site or one (1) year has passed since the last application of Class "B" compost to land with a high potential for public exposure, such as a park or ball field or thirty (30) days has passed since the last application of Class "B" compost to land with a low potential for public exposure, such as private farmland. If a land application site receives Class "B" compost which meets the pathogen limits established for Class "A" compost, this requirement may be waived.
(8)Frozen Ground - No Class "B" compost shall be applied to frozen, flooded or snow-covered ground unless appropriate erosion and runoff control measures are provided.
(9)Groundwater - A minimum of two (2) feet of soil is required between the lowest level of Class "B" compost and the highest water table level established during the seasonal high groundwater table period determined by the Department in accordance with the Department's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, Part 150-10-6 of this Title. In addition, a minimum of three (3) feet of soil is required between the highest level of bedrock and the lowest level of applied Class "B" compost.
(10)Surface Water - No Class "B" compost shall be land applied within fifty (50) feet of any body of surface water or within one hundred (100) feet of any body of surface water within the watershed of a public drinking water supply. The Director, may, if necessary, require continuous monitoring of any surface water courses in the vicinity of the proposed Class "B" compost application site. Such monitoring shall be of a type and frequency determined by the Director on a case-by-case basis and shall be the responsibility of the owner or operator. If the applicant demonstrates to the satisfaction of the Department that any runoff from the proposed project will not affect surface water, this requirement may be waived.
(11)Drinking Water Wells - No Class "B" compost shall be land applied within fifty (50) feet of any private drinking water supply well or within four hundred (400) feet of any public drinking water supply well. Land application of Class "B" compost shall be in accordance with the Rhode Island Groundwater Protection Act of 1985, R.I. Gen. Laws Chapter 46-13.1 and any Rules and Regulations promulgated thereunder.
(12)Distance to Property Lines - No Class "B" compost shall be land applied within fifty (50) feet of a property line.
(13)Monitoring Wells - Groundwater monitoring shall be of a type and frequency determined by the Director on a case-by-case basis and shall be the responsibility of the owner or operator.
(14)Erosion Control - All Class "B" compost application sites where the slope exceeds three (3) percent, or where runoff and erosion may result, shall be designed for appropriate erosion control measures (Rhode Island Erosion and Sediment Control Handbook, USDA, SCS, 1990). The maximum allowable annual soil loss shall not exceed three (3) tons per acre when applying the Universal Soil Loss Equation.
(15)Transportation - All Class "B" compost shall be transported in vehicles which are properly covered while in transit so as to prevent any dropping of Class "B" compost.
b.Non-Agricultural Utilization of Class "B" Compost - This sub rule applies to utilization of Class "B" compost as a fertilizer and/or soil amendment to enhance non-agricultural lands. Such uses may include, but are not limited to public parks and grounds, sand and gravel pit reclamation, roadsides and medians, silviculture, playgrounds, golf courses, ball fields and stadiums and cemeteries.
(1)Cumulative Loading Rates - The maximum amount of Class "B" compost that can be applied to a land application site shall be subject to satisfying either:
(AA)Federal or Department determined Annual Pollution Loading Rate Limits, or
(BB)Federal or Department determined Cumulative Pollution Loading Rate Limits;
(CC)The amount of metal in the soil shall be deducted from each calculation.
(2)Public Access - Public access to land where Class "B" compost is applied shall be prohibited by the owner or operator until such time as vegetative growth has been established on the site, or one (1) year has passed since the last application of Class "B" compost to land with a high potential for public exposure, such as a park or ball field or thirty (30) days has passed since the last application of Class "B" compost to land with a low potential for public exposure, such as a sand and gravel pit reclamation site. If a land application site receives Class "B" compost which meets the pathogen limits established for Class "A" compost, this requirement may be waived.
(3)Frozen Ground - No Class "B" compost shall be applied to frozen, flooded or snow-covered ground unless appropriate erosion and runoff control measures are provided.
(4)Groundwater - A minimum of two (2) feet of soil is required between the lowest level of Class "B" compost and the highest water table level established during the seasonal high groundwater table period determined by the Department in accordance with the Department's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, Part 150-10-6 of this Title. In addition, a minimum of three (3) feet of soil is required between the highest level of bedrock and the lowest level of applied Class "B" compost.
(5)Surface Water - No Class "B" compost shall be land applied within fifty (50) feet of any body of surface water or within one hundred (100) feet of any body of surface water within the watershed of a public drinking water supply. The Director, may, if necessary, require continuous monitoring of any surface water courses in the vicinity of the proposed Class "B" compost application site. Such monitoring shall be of a type and frequency determined by the Director on a case-by-case basis and shall be the responsibility of the owner. If the applicant demonstrates to the satisfaction of the Department that the proposed project will not affect surface water, this requirement may be waived.
(6)Drinking Water Wells - No Class "B" compost shall be land applied within fifty (50) feet of any private drinking water supply well or within four hundred (400) feet of any public drinking water supply well. Land application of Class "B" compost shall be in accordance with the Rhode Island Groundwater Protection Act of 1985, R.I. Gen. Laws Chapter 46-13.1 and any Rules and Regulations promulgated thereunder.
(7)Distance to Property Lines - No Class "B" compost shall be land applied within fifty (50) feet of a property line.
(8)Monitoring Wells - Groundwater monitoring shall be of a type and frequency determined by the Director on a case-by-case basis and shall be the responsibility of the owner or operator.
(9)Erosion Control - All Class "B" compost application sites where the slope exceeds three (3) percent, or where runoff and erosion may result, shall be designed for appropriate erosion control measures (Rhode Island Erosion and Sediment Control Handbook, USDA, SCS, 1990). The maximum allowable annual soil loss shall not exceed three (3) tons per acre when applying the Universal Soil Loss Equation.
(10)Transportation - All Class "B" compost shall be transported in vehicles which are properly covered while in transit so as to prevent any dropping of Class "B" compost.
3.Class "C" Compost Utilization and Distribution - This class of compost is restricted to use in locations with limited public access and must be limited to bulk distribution only. All projects and/or locations utilizing Class "C" compost must obtain advanced approval from the Department, and allowable uses are limited to the following:
a.Landfill cover material (if approved by the landfill)
b.Other uses, if approved by the Department, on a case-by-case basis, and which may be subject to satisfying either:
(1)Federal annual pollution loading rate limits or Department determined annual pollution loading rate limits, or
(2)Federal cumulative pollution loading rate limits or Department-determined cumulative pollution loading rate limits. The amount of metal in the soil shall be deducted from each calculation.
c.Transportation - All Class "C" compost shall be transported in vehicles which are properly covered while in transit so as to prevent any dust or dropping of Class "C" compost.
4.Unlabeled Compost - Any bagged or packaged compost that does not contain all of the required information on the label and/or any bulk compost that does not have the required accompanying hand-out or other form of hard copy per §§ 8.12(C)(1), (2), and (3) of this Part shall be considered solid waste and must be handled and disposed per Department solid waste disposal requirements, unless otherwise approved by the Department for use as compost or for other applications. This shall apply to compost produced from facilities in Rhode Island, as well as in other states, and distributed/marketed in Rhode Island for land application in Rhode Island.
5.Improperly Labeled Compost
a.Any bagged or bulk compost that is not in compliance with the required labeling details, per §§ 8.12(C)(1), (2), and (3) of this Part respectively, shall be considered solid waste and must be handled and disposed per Department solid waste disposal requirements, unless otherwise approved by the Department for use as compost or for other applications. This shall apply to compost produced from facilities in Rhode Island, as well as in other states, and distributed/marketed in Rhode Island for land application in Rhode Island.
b.No information or statement shall appear on any package, label, written handout, delivery slip, or other form of hard copy, or in any advertising matter, which is false or misleading to the purchaser as to the use, value, quality, analysis, or composition.
c.No person shall distribute or market an adulterated compost. The compost shall be deemed to be adulterated if:
(1)It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal, or aquatic life when applied in accordance with directions for use on the label (or on any written hand-out or other form of hard copy, relative to bulk compost), or
(2)Adequate warning statements and directions for use, which may be necessary to protect plant, animal, or aquatic life are not shown upon the label (or on any written hand-out or other form of hard copy, relative to bulk compost), or
(3)Relative to compost to be distributed/marketed as a soil amendment, if soil amending ingredients are listed or guaranteed on the label (or on any written hand-out or on other form of hard copy relative to bulk compost) and if the actual composition of such ingredients falls below or differs from that which it is purported to possess by its labeling, or
(4)The compost is to be distributed/marketed as a soil amendment and the compost contains unwanted crop or weed seed or primary noxious or secondary noxious weed seed.
6.Other Soil Amendment Considerations
a.If the compost is to be distributed/marketed as a soil amendment, then no soil-amending ingredient may be listed or guaranteed on labels (or on any written handouts or other form of hard copy, relative to bulk compost) without the permission of the Director. The Director may allow a soil-amending ingredient to be listed or guaranteed if satisfactory supporting data is provided to the Director to substantiate the value and usefulness of the soil amending ingredients.
b.If the compost is to be distributed/marketed as a soil amendment, then each identified product (brand) shall be registered before being distributed/marketed in Rhode Island. The application for registration shall be submitted to the Director on application forms furnished or approved by the Director and shall be accompanied by a fee of fifty ($50.00) dollars per product. The manufacturer of the compost shall submit to the Director a copy of the label (or written hand-out or other form of hard copy, relative to bulk compost) and any advertising literature proposed to be used, and these shall accompany the application for registration for each identified product. Prior to approving the application for registration of each product, the Director may require evidence to substantiate any claims made on the label, in written hand-outs or other forms of hard copy, or in advertising literature and the Director may also require proof of the value or usefulness of the compost. If the Director approves the registration application, then a certified copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year.
c.If the compost is to be distributed/marketed as a soil amendment, then it may be subject to additional considerations, per regulatory oversight by the Rhode Island Division of Agriculture, as authorized by R.I. Gen. Laws Chapter 2-22.
D.Distribution and Marketing of Out-of-State Compost in Rhode Island
1.This rule applies to compost produced at an out-of-state composting facility (where the composting facility is of a type included under § 8.5, 8.7, or 8.9 of this Part or any composting operation of the type described in §§ 8.3 and 8.4 of this Part that offers its finished compost for sale), which in turn is distributed and marketed in Rhode Island.
a.Compost Quality Standards:
Compost produced at an out-of-state composting facility which has not been approved by the Department for use in Rhode Island or which does not at least meet quality standards for Rhode Island Class "C" compost, per § 8.12(A) of this Part, or which is produced by a composting facility which has not complied with the regulatory requirements of the state in which it is located, shall be deemed to be solid waste upon transfer to Rhode Island (unless it is determined to be hazardous waste) and shall be managed as such.
b.Allowable Uses:
Compost produced at out-of-state composting facilities may be marketed in Rhode Island in accordance with the allowed uses for compost produced in Rhode Island, per § 8.12(C) of this Part.
c.Sampling and Testing Requirements
Compost produced at out-of-state composting facilities must be sampled and tested in accordance with sampling and testing requirements for compost produced at Rhode Island composting facilities; per § 8.12(B) of this Part, prior to distribution and marketing in Rhode Island.
d.Storage Requirements
Any compost at an out-of-state composting facility, proposed for distribution and marketing in Rhode Island, shall not have been stored more than twelve months.
e.Distributor Request for Approval to Distribute. Prior to initial distribution of the out-of-state compost in Rhode Island the distributor must obtain written approval of the Department. The distributor shall submit a written request for approval, which must contain at least the following:
(1)A copy of the permit, license, or other approval, if required, for the composting facility that produced the compost and the applicable Rules and Regulations from the state in which the compost is generated.
(2)Laboratory reports of results for a minimum of three analyses of the compost.
(3)A description of the process to further reduce pathogens (PFRP) employed by the composting facility that produced the compost, with appropriate monitoring data, as determined by the Department.
(4)A description of the distribution method, quantity of compost that will be distributed in Rhode Island, and proposed use(s) of the compost. If end-user(s) have been determined, the name and address of the user and the location of the site where the compost will be applied and purpose of application.
(5)If bagged compost (Class "A") will be distributed, a copy of the label to verify the information complied with Rhode Island requirements for labeling, per § 8.12(C)(1) of this Part, or is acceptable to the Department.
(6)If bulk compost will be distributed, a copy of printed literature for the product, to verify the information provided to the user complies with Rhode Island requirements, per § 8.12(C) of this Part, or is acceptable to the Department.
(7)If any compost will be stored in Rhode Island, prior to distribution to the end-user, the address of the storage facility, a description of the storage facility, and volume of compost to be stored and storage duration.
f.Compost Distribution Reporting Requirements. Each out-of-state distributor of compost, generated from an out-of-state composting facility and distributed to Rhode Island, shall submit an annual report to the Department within 60 days after the start of the calendar year. The report shall include, at least the following:
(1)The type and source of waste the compost is derived from.
(2)All information and analytical results, per sampling and testing requirements.
(3)The quantity of compost distributed in Rhode Island within the past year.
(4)A description of the product distribution in Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.13** Anaerobic Digestion Facility License Requirements {#sec-250-ricr-140-05-8-8.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.13}
A.General Information
1.No person shall construct or operate an anaerobic digestion facility unless said person has received a license approved by the Director.
2.One (1) copy of the license application shall be submitted to the Office of Land Revitalization and Sustainable Materials Management. In addition, the applicant shall provide a copy of the application in an approved electronic format to the Office of Land Revitalization and Sustainable Materials Management.
3.It is the responsibility of the applicant to obtain all necessary permits or approvals required by federal, state and local laws and regulations. Cooperation with the Office of Land Revitalization and Sustainable Materials Management will not be construed as relieving the applicant of this obligation.
4.Granting of a license, license renewal or permission for an equipment addition shall in no way affect the applicant’s responsibility to meet all federal and state laws, local zoning and other local codes or ordinances.
5.If the digestate solids will be composted and composting will be performed either on-site or off-site in Rhode Island by this same entity, then the entity shall also submit an application for a putrescible waste composting facility registration, per § 8.7 of this Part and submit the applicable details/requirements of that rule. Digestate solids may also be sent offsite for composting to any entity at a site in Rhode Island, provided that the entity is either a registered putrescible waste composting facility or a licensed mixed solid waste composting facility. The final compost product shall meet the product and distribution requirements per § 8.12 of this Part. If the digestate solids are sent out of state for composting, then the applicable state’s regulations for composting shall apply.
6.If any portion of the digestate is processed into or distributed as a fertilizer, and the distribution is for use in Rhode Island, then the fertilizer shall meet the requirements of the RIDEM Rules and Regulations Relating to Fertilizers, Part 40-20-10 of this Title, as well as those of R.I. Gen. Laws Chapter 2-7. Otherwise, it shall satisfy the requirements of the state it is distributed to.
7.All activities related to the operation of an anaerobic digestion facility shall be conducted within the confines of an enclosed building, structure or vessel. Activities include receiving and preparing feedstock, anaerobic digestion, handling and management of digestate, composting and storage of finished compost. The applicant may petition the Department to conduct an activity outside the confines of an enclosed building, structure, or vessel if it can be demonstrated that the facility will not impact the surrounding community pursuant to § 8.1(L)(2) of this Part of the Anaerobic Design Standards.
8.Required Plans - In addition to meeting the general requirements set forth in § 1.5 of this Subchapter, each applicant for a license to construct and operate an anaerobic digestion facility is required to submit:
a.Radius Plan pursuant to § 8.3(C) of this Part;
b.Site Plan pursuant to § 8.3(D) of this Part;
c.Construction and Engineering Plans and Specifications pursuant to § 8.3(E) of this Part;
d.Description of Design and Operation of Facility pursuant to § 8.3(F) of this Part;
e.Odor and aesthetic considerations pursuant to § 8.3(G) of this Part;
f.Operating Plan pursuant to § 8.3(H) of this Part;
g.Product Storage and Marketing Plan pursuant to § 8.3(I) of this Part;
h.Facility Closure Plan pursuant to § 8.13(J) of this Part.
B.Applicability
§ 8.13 of this Part applies to any person(s), corporation or other entity proposing to construct and/or operate a facility to produce natural gas and/or energy and/or product(s) from digestate, resulting from the anaerobic digestion of organic materials and/or organic solid wastes. These rules only apply to entities that accept and process wastes received from off-site sources.
C.Radius Plan
1.Radius plan(s) including all of the information listed below shall be submitted for approval with each license application. The radius plan(s) shall be drawn to an appropriate scale adjusted to fit a standard 24 x 36-inch size sheet and including all areas within a one quarter (1/4) mile radius out from all property lines of the anaerobic digestion facility site. The required information includes:
a.Zoning of all areas as required by § 1.5(E)(5) of this Subchapter;
b.All buildings and dwellings (labeled with identification);
c.All public and private water supplies (groundwater wells, reservoirs, etc.);
d.All surface watercourses (labeled with identification);
e.All wetlands and extent of 100-year flood plain (if applicable);
f.All sporting or recreational facilities, parks, conservation and management areas, wildlife refuges and historic sites (labeled with identification);
g.All roads, bridges, railroads and airports (labeled with identification);
h.All rights-of-way or easements for power lines, pipelines, etc.;
i.Legal boundaries of the site, certified by a registered land surveyor in Rhode Island;
j.North arrow;
k.Legend.
D.Site Plan
1.Site plan(s), including all the information listed below for all areas within the site, shall be submitted with the license application. The site plan(s) must be drawn to a minimum scale of one (1) inch to one hundred (100) feet (1"=100'), adjusted to fit on a standard 24 x 36-inch size sheet. The required information includes:
a.Legal boundaries of the site, which shall be certified by a registered land surveyor in the State of Rhode Island;
b.An outlined area showing the proposed licensed area of the facility (if different from the legal boundaries of the site);
c.Proposed fences, gates, barriers, security stations and similar structures providing access control;
d.Access roads and on-site roads;
e.On-site vehicle traffic patterns;
f.Vehicle inspection areas;
g.Parking areas;
h.Weighing facilities (for in-coming vehicles with feedstock), (if any) and feedstock receiving areas;
i.Buildings and structures related to the facility and dwellings;
j.Equipment storage areas (if any);
k.Any storage areas/vessels for feedstock, storage areas for non-processible and non-permitted materials/waste received and feedstock preparation areas;
l.Digester processing areas
m.Digestate management areas and drying areas (if applicable)
n.Composting and curing areas or other product preparation areas (if applicable)
o.Final product storage areas (if any)
p.Biogas handling/processing areas and/or flaring and/or power generation equipment areas:
q.Power lines, pipelines and other utilities connected to the facility and rights of way;
r.Aboveground/Underground Storage Tanks (if any);
s.On-site groundwater wells, surface water courses, water supply areas or wetlands and public or private land conservation areas (if any);
t.Locations of any monitoring wells or surface water monitoring locations (if any);
u.Odor control structures;
v.Locations of any on-site environmental control measures (e.g. storm water control, run-on/run-off control, erosion and sedimentation control, leachate management features, etc.);
w.Labeling of any buffering features/buffer zones;
x.North arrow;
y.Legend;
z.Site designation (within or outside a wellhead protection area).
E.Construction and Engineering Plans and Specifications
1.A preliminary set of construction and engineering plans and specifications relating to all buildings, structures, vessels, equipment and key features of the facility shall be submitted to the Department with the license application. The set shall be sufficient in detail to allow for a comprehensive application review. A complete set of final plans will be submitted prior to construction or operation per Department requirements;
2.Plans showing on-site dimensions and details of the proposed feedstock receiving area, feedstock storage area, non-processible/non-permitted material storage area, feedstock preparation area, digester and related equipment, digestate handling/storage area, digestate drying area (if applicable), biogas handling/processing area, odor control system(s) area, power generation area (if applicable), composting/curing area or other product preparation areas (if applicable), and final product storage area (if any) and including plans for the building(s) and other means to contain these activities;
3.Specifications for the design, construction and maintenance of the surface pads or other means, for digestate composting, or other product preparation and product storage (if applicable), submitted prior to facility construction;
4.Specifications and plans (drawings) for on-site equipment/systems, including manufacturer's design and performance data for the selected equipment relative to feedstock preparation, anaerobic digestion, biogas handling/processing, biogas flaring (if applicable), power generation equipment (if applicable), digestate drying (if applicable) and processing, composting (if applicable) or other product preparation (if applicable), submitted prior to facility operation;
5.Discussion of site preparation, including clearing and grubbing;
6.Specifications and plans for odor control equipment, submitted prior to facility operation;
7.Engineering Management Plan presenting the design basis and calculations for other applicable environmental controls, such as, but not limited to: storm water management controls, leachate collection/control and proper disposal system, and wastewater collection/control and proper re-use and/or disposal system;
8.Specifications for fire prevention, suppression and control systems included in the final approved fire protection plan.
F.Description of Design and Operation of Proposed Facility
1.This overview should include, at a minimum:
a.A descriptive overview (summary) of the entire operating process from reception of feedstock at the facility to product generation at the site, including feedstock receiving activities and storage, feedstock preparation, anaerobic digestion, biogas production, handling, and processing (if applicable) , gas flaring (if applicable), power generation (if applicable), digestate management activities, composting and post-composting activities (if any), such as screening and refining and/or other product preparation activities;
b.A process flow diagram of the entire process in § 8.13(F)(1)(a) of this Part above, that takes into account any manual steps, as well as mechanical or automated steps, and includes a total mass balance and accounts for all flow streams;
c.A descriptive overview (summary) of the equipment employed in the entire process in § 8.13(F)(1)(a) of this Part above, including information on the function and capacity of each item of equipment;
d.Discussion of the number of anaerobic digestion and odor control systems in service during normal operating conditions and capacity of each system as well as discussion of any stand-by systems, if any.
G.Odor/Aesthetic Considerations
1.A description of the prevailing winds during the various seasons of the year, with respect to impact on off-site receptors;
2.A description of the air emission collection and control technology and all odor control systems to minimize any impact on the off-site receptors;
3.A description of any aesthetics to be included in the proposed facility/site.
H.Operating Plan
1.An operating plan shall be submitted for approval. The duration of the operating plan shall equal that of the license and shall be updated with each application for renewal or earlier if necessary. The operating plan shall be reviewed by the applicant prior to license renewal and any changes to such plan shall be submitted to the Department for approval at that time. Any changes or additions to the facility’s operation subsequent to the approval of the operating plan, including new equipment additions, shall be submitted to the Department for approval prior to the time that changes will be implemented. The applicant shall comply with the requirements specified in §§ 8.14 and 8.15 of this Part. In addition, the following information, at a minimum, shall be included in the Operating Plan:
a.Operating Rates and Maximum Processing Capacity (tons/day)
b.Operating Days and Hours the facility will receive, load/unload feedstock, conduct processing, housekeeping and maintenance activities.
c.Provisions for Limiting Public Access including descriptions of any proposed fences, gates, barriers, security stations, and similar structures.
d.Types of Materials/Wastes to be Accepted
(1)A list of the expected types and sources of organic materials and/or organic solid wastes to be accepted.
(2)The expected average percentage of the total feedstock stream, assignable to each type of feedstock.
(3)Specification of any prohibited materials/wastes that will not be accepted by the facility.
(4)Type, source and quality of any amendment that will be added to the feedstock, prior to digestion.
e.Feedstock Analysis Plan - A general description of each type of feedstock expected to be received and any preparation of the feedstock prior to digestion, to demonstrate its suitability for digestion and subsequent use as digestate products.
f.Description of On-Site Roads and Traffic Flow Patterns on Site
g.Weighing Facilities
(1)A description of the equipment and processes used to weigh incoming waste-containing transport units.
(2)Record-keeping procedures and details for weighed loads.
h.Feedstock Inspection and Screening Procedures
(1)A description of the feedstock inspection and screening procedures (and sampling/analysis procedures, if applicable) used to assure that incoming feedstock accepted by the facility is consistent with the operating plan and such that unsuitable feedstock that is received is separated from feedstock to be processed.
(2)Location of the feedstock inspection and screening personnel.
(3)An overview of the plan used to train the feedstock inspection and screening personnel.
(4)A description of equipment or devices, if any, used to screen incoming feedstocks on vehicles.
i.Feedstock Unloading Procedures - Procedures for unloading feedstock hauling vehicles and a description of the feedstock unloading and receiving area including size and capacity to receive feedstock.
j.Feedstock Storage
(1)A description of the storage facility for feedstock, including the storage capacity (tons or cubic yards).
(2)The amount of time the feedstock will be stored prior to processing.
k.Storage and/or Handling of Feedstock Amendments - A description of the storage facilities for each of the items (if applicable), including the storage capacity.
l.Non-Processible Waste and Prohibited Waste Handling and Disposal Procedures,
(1)A description of the methods employed to separate out these wastes from the incoming feedstock stream, where applicable.
(2)A description of the storage facilities and storage capacities for the non-processible waste and prohibited waste, including solid waste or hazardous waste that has been unloaded at the facility.
(3)The time interval for removal of non-processible waste from the facility and the name(s) and location(s) of the disposal site(s) for such waste.
m.Recyclables Handling Procedures (if applicable)
(1)A description of the recyclables separation program (if any), including a discussion of the equipment and methods employed for removing and recovering recyclables, prior to digestion process.
(2)A discussion of markets for the recyclables and the name(s) and location(s) for disposition of these recyclables.
n.Anaerobic Digestion and Biogas Generation
(1)A technical discussion detailing the anaerobic digestion process.
(2)Details of digestion process monitoring.
(3)Details of the handling/processing and usage of biogas produced from digestion.
o.Digestate Management
(1)Average makeup of digestate (percent solid and percent liquid)
(2)Details of management of solid digestate.
(3)Details of management of liquid digestate (if any).
p.Residue Handling, Storage, and Disposal
(1)A description of the method of separation of residue from digestate and/or final product, if applicable.
(2)A description of the physical and chemical composition of the residue.
(3)Description of the storage facility area and storage capacity for this residue, if stored prior to disposal.
(4)The time interval for off-site disposal of this residue and the name(s) and location(s) of the disposal sites.
q.Storm water Management and Erosion/Sedimentation Control Plan
r.Leachate and Wastewater Management, Use/Disposal
(1)A description of the method to collect and control leachate from the facility.
(2)Description of treatment of leachate (if applicable) and description of the usage or method of disposal of leachate.
(3)Description of wastewater treatment and management control or disposal plan.
s.Methods of Protecting Groundwater and Surface Water – Anaerobic Digestion facilities may be required by the Department to install monitoring wells at locations approved by the Department. A hydrogeological report and water quality monitoring plan may be required based on the following factors:
(1)Any operations located outside an enclosed building, structure, or vessel;
(2)Size and location of activity;
(3)Groundwater classification and proximity to groundwater drinking wells (public and private);
(4)Proximity to and classification of surface water bodies, flowing water bodies and freshwater wetlands; or
(5)Other factors determined by the Department that may be necessary to protect the health, welfare and safety of the public and the environment.
t.Odor Control pursuant to §§ 8.14(L) and (K) of this Part
u.Description of Routine Facility Housekeeping Procedures,
v.Facility Inspection, and Operations Maintenance Plan
(1)Description of the facility inspection plan including the items to be inspected routinely and their inspection schedule.
(2)Description of routine maintenance procedures on items to undergo routine maintenance and their maintenance schedule.
(3)Summary of corrective actions to be taken in the event of breakdown of significant equipment.
(4)Procedure to control vectors, litter, and dust pursuant to §§ 8.15(L), (M), and (N) of this Part.
w.Personnel Duties and Required Training
(1)An organizational/manning chart for the facility.
(2)Duties and responsibilities for each facility job position.
(3)A summary of the personnel-training program, which addresses the specific training needs to operate and maintain this anaerobic digestion facility.
x.Fire Control and Prevention Plan
(1)The proposed Fire Control and Prevention Plan shall be submitted to the Department and to the local fire authority or state fire marshal.
(2)The final approved Fire Control and Prevention Plan, showing approval by the local fire authority or state fire marshal, submitted to the Department, prior to facility operation.
y.Emergency Contingency Plans
(1)Contingency operations plan in event of receipt of hazardous waste.
(2)Emergency response plan in event of fire, explosion, or methane gas leak.
(3)Plans detailing corrective action in the event of groundwater contamination or chemical spills.
z.Substitute Processing/Disposal/Transfer
A plan describing alternate arrangements for incoming feedstock in the event of equipment failure, power outage, natural disaster, fire, receipt of contaminated or unauthorized waste, or if storage capacity has been reached.
aa.Communication Equipment
bb.Utilities
(1)Discussion of utilities that will be connected to the facility and in operation at the facility.
(2)Description of back-up power supply at the facility (or alternate method to address outages) to prevent risks to human health and the environment, and to prevent the creation of nuisance conditions (e.g. odor problems).
cc.Record-Keeping – A description of the records that will be retained at the facility.
I.Product Storage and Marketing
1.This rule applies to product(s) produced from anaerobic digestion and digestate management activities, and with the following information or requirements:
a.Storage Procedures- A description of the storage facilities and maximum storage capacities (tons or cubic yards) for product produced at the plant.
b.Anticipated Rate of Production of Product- the anticipated digestate production rate (tons/day, cubic yards/day or other quantitative description) and the anticipated recovery rate of product from the digestate (tons/day, cubic yards/day or other quantitative description).
c.Anticipated Product Quality - A description of the anticipated quality of Product(s) produced at the facility.
d.If the anaerobic digestion facility is producing finished compost, the product shall comply with the standards specified in § 8.12 of this Part.
e.If the anaerobic digestion facility is producing fertilizer, the product shall comply with the Department’s Division of Agriculture’s “Rules and Regulations Relating to Fertilizers”, Part 40-20-10 of this Title.
f.Product(s) Sampling and Testing - A QA/QC plan, which includes product sampling and analysis details in order to determine the allowed use of the final product.
g.Product(s) Uses
(1)A discussion of the plans for use/re-use, sale or marketing of each product shall be provided.
(2)Identification of the anticipated markets, including the names and addresses shall be provided.
h.Schedule for Removal of Product(s) from Facility and the Distribution Plan
(1)Expected time frame for distribution of the product(s) (e.g. expected time elapsed after production of a batch of product, prior to distribution),
(2)Method for removal of product(s) from the facility,
(3)A plan for distribution of the product(s);
i.Packaging and Labeling of Product(s)
(1)A description of any packaging (if any) to be employed with the distribution of the product(s),
(2)Details of the information to accompany the distribution of the product(s) (e.g. copy of the label, information sheet, etc., relative to bagged or bulk compost).
j.Plan for Unmarketable or Sub-Quality Products(s) - The plan for use or disposal of product(s) that cannot be sold or marketed in the expected manner, due to poor quality or changes in market conditions.
J.Facility Closure Plan
1.This rule applies to all anaerobic digestion facilities, regardless of the status of their future operating plans, i.e., even if there is no plan to ever close the facility in the foreseeable future. Pursuant to the requirements set forth in § 1.5(J) of this Subchapter, this plan will include the following, at minimum:
a.Fences, gates and any other security measures to prevent unauthorized access to the site during closure and post-closure activities.
b.Measures taken to remove all remaining feedstocks, non-processible wastes, prohibited wastes, recyclables (if any), materials in digester, digestate, residue, biogas, product natural gas (if any), and other product(s) from the facility.
c.Methods to restrict access and prevent additional feedstock from being deposited at the facility, including physical description of any fences, gates and/or other barriers placed at the facility.
d.Discussion of impact of closure on legal boundaries of the site, changes in ownership, and description of anything that affects the legal boundaries of the site.
e.Intended future use of the facility and property, following closure (immediate and long-term use).
f.A financial estimate of the costs to properly close the facility shall be submitted with the application. The estimate shall be based on the maximum quantity of each of the items listed in § 8.3(J)(2) of this Part. The closure estimate shall be used to establish a Closure Fund or Closure Bond to ensure proper closure of the facility. The Closure Fund/Bond shall establish and maintain the amount necessary for a third-party closure and shall include all costs necessary for adequate closure. Periodic review and adjustments of the Fund/Bond shall be done as required. The applicant shall post financial assurance for the full amount of the closure cost estimate as a pre-condition for the issuance of a solid waste management facility license.
g.The site shall be subject to the restoration and/or remediation of the building, equipment and/or land so as not to pose a threat to public health and the environment and so as not to impair future use.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.14** Anaerobic Digestion Design Standards {#sec-250-ricr-140-05-8-8.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.14}
A.General
All anaerobic digestion facilities shall meet all the requirements set forth in this Part in addition to the General Standards in § 1.5 of this Subchapter.
B.Provisions for Limiting Access
1.There shall be gates with locks at all entrances to the facility to prevent access except at times when authorized operating personnel are on duty;
2.Fencing shall be required around the perimeter of the facility to prevent unauthorized access and illegal dumping at the site and to provide containment of wind-blown litter (if any).
C.On-site Roads and Access Areas
The facility shall be designed in a manner which prevents traffic backups and related traffic hazards on access roads serving the facility.
D.Emergency Access Provisions
Access and on-site roads shall have adequate space and shall be maintained to allow the unobstructed movement of fire-fighting vehicles and other emergency vehicles, equipment and personnel to the operating area of the facility.
E.Unloading Area Design Features
1.The approach and unloading area shall be adequate in size and design to facilitate the rapid unloading of feedstock from vehicles and the unobstructed maneuvering of vehicles and other equipment;
2.The unloading area shall be adequate in size and capacity to manage the projected volume of incoming feedstock;
3.The unloading area shall be graded or other measures utilized to prevent ponding of leachate from the feedstock;
4.The surface of the unloading area shall be constructed of impervious material, such as asphalt or concrete, capable of being cleaned by high- pressure water spray and equipped with drains, sumps or other means to collect liquids and leachate;
5.The unloading area for waste in solid form shall be fully enclosed with a negative pressure air collection and treatment system, in order to prevent odor problems and any other potential nuisances. An alternate system for handling solids that will provide similar performance in preventing odor problems or other nuisances is also acceptable.
6.Unloading of liquid wastes shall also be performed in a similar manner or shall be unloaded via hosing, piping, or similar means to enclosed structure(s) or vessel(s). The unloading area and the enclosed structure(s) or vessel(s) shall have secondary containment.
F.Incoming Feedstock Storage Area Features
1.The facility shall have a storage area with capacity to handle any waste received and accepted during temporary equipment outages (e.g. disaster shutdown) and to accommodate temporary surges in delivery volume.
2.All unprocessed feedstock storage areas shall be fully enclosed to prevent odors, control windblown dust and debris, prevent exposure to precipitation and collect liquids and leachate. The feedstock storage area shall comply with the requirements in § 8.14(L) of this Part.
3.The storage area shall be graded so as to minimize ponding of leachate from the feedstock piles. The storage area shall be equipped with drains, sumps or other means to collect liquids and leachate.
4.The surface of the storage area shall be constructed of impervious material, such as sealed asphalt or concrete, to minimize liquid release into the groundwater and to allow for cleaning with high-pressure water spray.
5.The storage area design features in §§ 8.14(F)(2) through (4) of this Part shall also apply to amendments, if any, to be added to the feedstock.
G.Design Provisions for Storage of Non-Processible and Non-Permitted Waste, Recyclables, Digestate, and Residues
1.The facility shall have the capacity for proper handling, storage and removal of non-processible waste and hazardous waste or other nonpermitted waste delivered to or generated by the facility.
2.The facility shall have provisions for segregation and proper storage of recovered recyclables, if recyclables are accepted as part of the incoming feedstock and if recovered recyclables are not immediately removed offsite for recycling. Acceptable options include storing in an enclosed structure with a roof, in a covered container box or other equivalent option.
3.The facility shall have provisions for segregation and proper storage of anaerobic digestion/digestate residues if such residues are not immediately re-processed or removed off-site for disposal. Storage shall be in a covered container box which is inside an enclosed structure with a roof in a designated storage area that complies with the requirements specified in § 8.14(L) of this Part. The covered container box shall be located on an impervious surface, such as sealed asphalt or concrete, to prevent leachate releases into groundwater. The Department will consider other equivalent options.
4.The facility shall have the capacity for proper handling and storage of digestates, both solid and liquid (if applicable), prior to further processing of these materials on-site (if applicable) or prior to removal of these materials off-site for off-site processing, distribution, or disposal.
H.Up-Front Processing Area Design Features (prior to anaerobic digestion)
1.If the facility performs any up-front processing of the incoming waste stream (i.e., removal of prohibited materials and non-processibles, recovery of recyclables, material size reduction or any other activities to improve the feed-stock prior to delivery to the anaerobic digester), then these activities shall be performed within the confines of an enclosed building to prevent odors, control windblown dust and debris, prevent exposure to precipitation and collect liquids and leachate. The feedstock processing area shall comply with the requirements in § 8.14(L) of this Part.
2.Floor surfaces shall be constructed of an impervious material, such as asphalt or concrete, to prevent liquid releases into the groundwater under the site.
I.Surface Water/Storm Water Management Design Provisions and Erosion Control/Sedimentation Prevention
1.The facility shall not be constructed or operated in a one hundred (100) year flood plain area unless provisions have been made to prevent encroachment of flood waters upon the facility and approval has been obtained from the Office of Water Resources;
2.Storm water management systems shall be designed to control the water volume of a twenty-four (24) hour, twenty-five (25) year storm and to prevent run-on from entering the receiving, processing, composting, curing or storage areas;
3.The design of the facility shall include erosion control measures, if needed.
J.Leachate Management Design Provisions
The facility shall have a leachate collection and removal system designed, constructed, maintained and operated to collect and remove leachate from the solids feedstock receiving and storage areas.
K.Fresh Air Controls
A detailed discussion of the fresh air controls to be utilized within the operations building in order to prevent adverse conditions.
L.Odor Control Design Features
1.The anaerobic digestion facility shall be designed so that all operations are conducted within the confines of an enclosed building, structure, or vessel. These activities include receiving and preparing feedstock, anaerobic digestion, handling and management of digestate, composting and storage of finished compost (if applicable) and preparation and storage of fertilizer (if applicable). Odor control design measures shall include, but may not be limited to:
a.The enclosed building, structure, and vessels shall maintain negative air pressure throughout the process or shall employ an approved alternate method;
b.The enclosed building, structure, and vessels shall utilize an air collection and treatment system that employs scrubbing devices, filters, bio filters, or other approved alternatives prior to discharging to the atmospheric air.
2.The applicant can petition the Department to conduct an activity outside the confines of an enclosed building, structure, or vessel if it can be demonstrated that the facility will not impact the surrounding community. At a minimum, the facility shall satisfy the following:
a.The facility complies with the buffer and setback requirements in § 8.14(M) of this Part.
b.The facility shall propose and implement additional measures to prevent and mitigate odors.
M.Setback and Buffer Requirements
1.No feedstock, digestate, product or residuals shall be received (unloaded), stored, or processed on any well field or within one thousand (1000) feet of any private or public drinking water supply well or within the wellhead protection area delineated consistent with the wellhead protection program for a public well. If the owner or applicant seeks a variance from this requirement, then the Department will require demonstration that leachate (if any) from the anaerobic digestion facility will not impact on the water supply, under terms of the variance.
2.No feedstock, digestate, product or residuals shall be received (unloaded), stored, or processed within the watershed of any surface water used as a public drinking water supply. If the owner or applicant seeks a variance from this requirement, then the Department will require demonstration that any run-off from the anaerobic digestion facility will not affect surface water quality, under terms of the variance.
3.No feedstock, digestate, product or residuals shall be received (unloaded), stored, or processed within two hundred (200) feet of any body of surface water or freshwater wetland. If the owner or operator seeks a variance from this requirement, then the Department will require and the applicant shall demonstrate that any run-off from the anaerobic digestion facility will not significantly and adversely affect the surface water or wetlands, under terms of the variance.
4.No feedstock, digestate, product or residuals shall be received (unloaded), stored, or processed within one hundred (100) feet of the facility's property line. If all operations of the anaerobic digestion facility are conducted within the confines of a building, structure, or vessel the operations shall not take place within three hundred (300) feet of any residence, place of business, or other private or public facilities occupied by humans (excluding the facility owner/operator's residences, offices, or other structures involved with the operation of the anaerobic digestion facility).
5.If any activities related to the anaerobic digestion process occur outside, the operations shall not take place within five hundred (500) feet of any residence, place of business, or other private or public facilities occupied by humans (excluding the facility owner/operator's residences, offices, or other structures involved with the operation of the anaerobic digestion facility).
N.Design Provisions for Fire and Explosion Prevention, Protection, Suppression and Control
1.The facility shall be designed and constructed to prevent and minimize the potential for fire or explosion;
2.Facility design shall include provisions to monitor and mitigate explosive conditions and fire hazards;
3.The facility shall contain a properly designed fire suppression system with sufficient capacity to adequately control a fire within the facility.
4.The fire control and prevention plan shall be submitted to the local fire authority.
O.Communication Systems
The facility shall be designed with adequate communication systems to support normal and emergency operating conditions.
P.Back-up Power Supply
The facility shall be designed with a back-up power supply or alternative method to prevent risks to human health and the environment and to prevent creation of nuisance conditions (e.g. off-site odor problems).
Q.Facility Support Equipment Requirement
The facility shall have backup equipment on-site, or a contingency plan for essential items or those relating to critical issues, to support operations.
R.Storage Area for Replacement Parts and Equipment
A replacement parts and equipment storage area shall be included in the facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
##### **250-RICR-140-05-8 § 8.15** Anaerobic Digestion Operating Standards {#sec-250-ricr-140-05-8-8.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-05-8#8.15}
A.General Operating Standards
The facility shall meet all regulations set forth in this rule and its sub-sections and shall comply with the provisions and limitations of all other pertinent regulations of the Department, including the General Operating Standards in § 1.5 of this Subchapter.
B.Access
1.Access to the anaerobic digestion facility shall be limited to the hours in which authorized operating personnel are on duty at the facility.
2.Gates shall be locked and all access points shall be secured when the facility is closed and when no authorized personnel are on site.
C.Signs
1.There shall be a sign erected at the entrance to the facility, which is clearly legible and visible, and which shall contain at least the following information:
a.Name of facility and operator,
b.Emergency phone number,
c.Restricted (prohibited) materials,
d.Operating hours and days open;
2.There shall be adequate directional signs at the entrance and within the grounds of the facility to direct drivers to the appropriate loading area, assist in traffic flow, and regulate speed on facility property.
D.Traffic Flow
The delivery of feedstock to the facility and the removal of the generated materials by the operation shall be conducted so as to prevent traffic backups and allow the access way open for emergency vehicles.
E.Feedstock Screening and Inspection Operations
The owner/operator shall implement feedstock receiving area control measures that provide for the screening and inspection of the incoming feedstock to prevent the acceptance of prohibited or unauthorized feedstock types and to remove unsuitable material prior to the initiation of processing.
F.Incoming Feedstock Storage and Schedule for Processing
1.All incoming feedstock that is not immediately processed shall be confined to the designated storage area for such feedstock, until processing occurs;
2.Incoming feedstock shall be processed within three (3) days or disposed of in a manner acceptable to the Department, unless an alternate option is approved by the Department;
3.If the anaerobic digestion facility (including, but not limited to up-front processing operations and/or digestion operations) is out of service for a period of time that exceeds the storage capacity of the facility, then additional feedstock shall not be received during the outage period.
G.Substitute Disposal Provisions
1.The facility shall have an alternate method of disposal with another instate or out-of-state licensed solid waste management facility in the event of equipment failure, forced shut-down or other reason which prevents the facility from receiving or processing a part or all of its normal feedstock input or maintaining acceptable operating conditions and environmental controls. The alternate facility’s name and address shall be submitted to the Department.
2.If, for any reason, the facility becomes inoperable, the owner or operator shall notify the Department within forty-eight (48) hours and implement this contingency disposal plan within three (3) days or sooner if off-site odor problems develop.
H.Non-Processibles and Prohibited Wastes Handling Procedures and Removal
If any non-processibles and prohibited wastes are received by the facility (in the incoming feedstock) and are not immediately removed off-site for recycling or disposal, then they shall be stored in a manner and for a time period that is approved by the Department, as provided for in the approved operating plan.
I.Recyclables Handling Procedures and Removal
Recyclables that are separated from the feedstock and not immediately removed off-site for recycling shall be stored in a manner as provided for in the approved operating plan.
J.Residues Handling Procedures, Removal, and Disposal
1.Residues from digester operations or separated from digestate or final products, if not immediately removed off-site for disposal, shall be stored in a manner for a time period that is approved by the Department, as provided for in the approved operating plan.
2.Any storage of residues (if any) shall be done in a manner that prevents nuisances and vector intrusion.
3.Disposal of residues shall be at a licensed solid waste management facility.
K.Odor Control
1.The operator shall prevent and eliminate conditions that create odors.
2.The facility shall be operated to control any odors that are created.
3.The facility shall not discharge air pollutants, which cause objectionable odors off-site (beyond the facility's property line). Odor evaluations shall be conducted by Department personnel to determine if an odor is objectionable by taking into account its nature, concentration, location, duration and source.
4.The anaerobic digestion facility must establish an odor complaint hot line. The facility shall have the ability to receive calls on a twenty-four (24) hour per day basis. (An answering machine may be used for this purpose.) Complaints received during normal operating hours shall be investigated and responded to immediately. Complaints received when the facility is closed shall be investigated and responded to within twelve (12) hours from when the complaint is received. All complaints received by the facility and actions taken in response to the complaints shall be reported to the Department within twenty-four (24) hours from when the complaint was received. The facility operating plan shall indicate how the odor complaint hot line will be established and what actions will be taken when odor complaints are received. Odor complaint forms shall be created and maintained by the facility.
L.Vector Control
1.The facility shall not operate unless any on-site vector population is minimized by appropriate techniques to protect public health as follows:
a.Conditions shall be maintained that are sanitary and therefore unfavorable for the harboring, feeding, and breeding of vectors.
b.Control of insects and rodents, when needed, shall be affected by means of a program directed by a professional exterminator utilizing insecticides and/or rodenticides or other means approved by the Department. Use of such pesticides shall be performed with care, such that finished product is not contaminated by these agents.
c.The operator shall inspect the facility daily to detect any vectors and promptly take corrective action.
M.Litter Control
1.The operator shall not allow feedstock, digestate, finished product, residue, or other materials or wastes to be blown or otherwise undesirably deposited off-site.
2.The operator shall inspect the facility's property daily to detect litter and promptly take any necessary and corrective actions.
N.Dust Control
1.The operator shall prevent and eliminate conditions that create dust.
2.The operator shall use suitable methods and take appropriate actions at all times to control dust at the facility, also including access roads to and from the facility and other areas related to facility operation.
3.The operator shall inspect the facility daily to detect any dust accumulation and promptly take corrective action.
O.Air Standards
1.Any anaerobic digestion facility shall not violate the following:
a.State implementation plans approved or promulgated pursuant to R.I. Gen. Laws Chapter 23-23; the Rules and Regulations to implement such Chapter, and any applicable provisions of the Clean Air Act, 42 U.S.C. § 7410 (2017).
b.The Rhode Island Clean Air Act, R.I. Gen. Laws Chapter 23-23 and the Rules and Regulations promulgated thereunder.
c.Odors: The anaerobic digestion facility shall not emit or cause to be emitted into the atmosphere any air contaminants or combination of air contaminants which creates an objectionable odor beyond the property line of said facility. Odor evaluations shall be conducted by Department personnel to determine if an odor is objectionable by taking into account its nature, concentration, location, duration and source.
P.Surface Water Pollution
The facility shall not cause pollution of the surface waters of the United States so as to violate the R.I. Water Pollution Act, R.I. Gen. Laws Chapter 46-12, as is or as amended, § 402 of the Clean Water Act, 33 U.S.C. § 1251 et seq. (2017), nor shall the facility cause a discharge of dredged material or fill in violation of Section 404 of the Clean Water Act.
Q.Groundwater Pollution
The facility shall not cause pollution of any groundwater. In addition, the facility shall comply with the requirements of the Clean Water Act, 33 U.S.C. § 1251 et seq. (2017), and the regulations adopted pursuant to the Act, specifically 40 C.F.R. § 257.3-4 (2017).
R.Storm Water Control, Sedimentation and Erosion Control
1.The applicant shall submit a storm water, sedimentation and erosion control plan to the Department for its review and approval. The plan shall include, but not be limited:
a.Implementing any necessary control measures to divert storm water away from all operation areas and to minimize the surface water run-off onto nearby properties.
b.In the event that storm water does come in contact with feedstock being stored or processed, digestate being processed, composted or cured (if applicable), or with digestate residue, the stormwater shall be considered leachate and shall be diverted to the collection area for proper disposal or shall be re-used in processing activities.
c.The facility owner and/or operator shall employ procedures to prevent and minimize erosion and sedimentation during construction, operation, and after closure.
d.The facility shall implement steps to prevent tracking of any on-site sediment onto the public roads.
S.Leachate and Wastewater Control
1.All leachate must be managed by a Department approved method and treated, if necessary, to meet any applicable requirements.
2.The facility shall contain, collect, recycle, or properly dispose any and all liquid waste received or generated at the facility.
3.Any wastewater and liquid waste that is not recycled, but instead disposed, shall be disposed in a manner that does not pollute any source of private or public water supply, any waters of the state, or groundwater.
T.Operational Records Requirements
1.The owner or operator shall record and shall maintain (for at least three (3) years) the following information regarding daily facility activities. Records shall be available for inspection by Department personnel during normal business hours. Daily records and logs shall include the date of the event.
a.Source, description and quantity of all feedstocks received at the facility, as well as any amendments to be used in the digestion process. These records shall be recorded on a daily basis and on the day the feedstock is received;
(1)The "source" shall include the name and address of the generator or point of origin of such feedstock, or amendment used in the digestion process,
(2)"Quantity" shall be the weight or volume of feedstock or amendments received and the quantity of each type of material shall be recorded individually and separately.
b.Description and quantity, by weight or volume, of prohibited or nonprocessible wastes transported from the facility and destination of such waste, recorded on a daily basis. These wastes shall include, but not be limited to, any hazardous, non-permitted, or other wastes in the incoming feedstock, which have been separated out.
c.Description and quantity, by weight or volume, for each category of recyclable, salvaged, or recovered material transported from the facility and destination of such material recorded on a daily basis.
d.Description and quantity, by weight or volume, of residues transported from the facility for disposal and destination of such residues, recorded on a daily basis.
e.Description and quantity by weight or volume, of any feedstock by-passed by the facility in the event of equipment failure or forced outage or other reason which prevents the facility from receiving or processing this feedstock. This daily record shall indicate that this is by-passed waste and shall indicate the reason for bypassing the feedstock and the destination of such feedstock.
f.Quantity of non-marketable product material, by weight or volume, transported from the facility for disposal and destination of such material, recorded on a daily basis. This record shall indicate that the material is non-marketable and the record shall indicate the reason (e.g., lack of market, does not meet market specifications, does not meet product quality standards for Class "A", "B", or "C" compost or other reason).
g.A description of and the quantity by weight or volume, of product transported from the facility, and the destination of the product and planned use of the product, recorded on a daily basis.
h.Digester process monitoring data, collected on a daily basis, at least demonstrating that any digestate that will be distributed as a product has been subject to a method to reduce pathogens to the extent equivalent to the reduction achieved by methods shown in § 8.11(N)(5) of this Part.
i.A record of actions log, which provides a summary of corrective actions taken by the facility owner/operator, relative to any deficiencies noted in Department inspection reports and relative to any deficiencies or violations issued by the Department in letters of deficiency or notices of violations.
j.Summary of all maintenance procedures on processes, equipment, or monitoring and control systems, and site inspection records.
k.Personnel Training Records - Training records that document the type and amount of training received by current facility personnel shall be maintained at the facility in accordance with the operating plan.
l.Any other records to be kept, as required by the Department or as provided in the approved operating plan.
U.Operational Reports to DEM
The facility owner and/or operator shall provide periodic written reports of operation, if required by DEM per the approved license. The details and frequency of reporting shall be provided in the approved operating plan or as license conditions.
V.Facility Equipment Requirements
1.The operator shall maintain on-site equipment necessary for facility operation in accordance with the license. The equipment shall be maintained in an operable condition.
2.Replacement equipment and parts for equipment which are subject to excess wear or frequent breakdown, due to the nature of operation shall be available to provide for expedient repair.
3.If a breakdown of operator's equipment occurs, standby equipment shall be utilized as necessary to comply with any license condition.
W.Facility Inspection and Maintenance
1.The operator of the facility shall maintain all facility components, systems, and equipment in a manner that facilitates proper operation and minimizes downtime.
2.Immediately following the initiation of facility operation, facility personnel shall begin routine inspection for operating effectiveness and equipment/component/system deterioration or malfunction.
3.A planned maintenance and overhaul schedule for major equipment shall be established and executed during facility operation.
X.Health and Safety
1.The facility shall be designed, operated, and maintained in such a manner so as to protect the health and safety of users of the facility and personnel associated with facility operation, and persons in close proximity to the facility.
2.First aid facilities and supplies shall be available at the facility.
Y.Fire Prevention and Protection
1.The facility shall be maintained and operated to prevent and minimize the potential for fire or explosion.
2.The facility shall have a suitable quantity of water at sufficient pressures suitable for fire-fighting purposes and approved by the local fire authority.
3.Portable fire extinguishers and fire control equipment shall be available and in proper working condition, at the operating area of the facility.
Z.Emergency Support Services
The facility shall have arrangements, in writing, from nearby fire department, police department, rescue service, medical service, hazardous waste emergency response company, and hazardous waste transporter to provide emergency services in case of facility fires, explosions, hazardous waste incidents or other similar emergencies.
AA.Personnel Staffing Requirements
1.There must be at least one trained attendant (trained in the operation of the facility) on site during any and all operating hours that the facility is open to receive waste.
2.The facility shall maintain sufficient types of quantity and personnel during each operating shift to assure the proper and orderly operation of all components and systems, along with the ability to handle all routine maintenance requirements. Such personnel shall have sufficient educational background, employment experience, and/or training to enable them to perform their duties in a safe and competent manner.
BB.Facility Management
1.Each operating shift shall have a designated shift supervisor or equivalent to direct and implement operational decisions during that shift.
2.The operation of the facility shall be under supervision and control of qualified individual(s) during all operating hours.
CC.Personnel Training Programs
1.There shall be a comprehensive training program for all employees covering normal job responsibilities and procedures, emergency situations and procedures, and safety issues.
2.Employees involved with operation and/or maintenance of the facility shall receive training at least annually.
3.Facility specific training manual(s) shall be used for training facility personnel. The manual(s) shall be kept up-to-date, with any necessary revisions made at least annually. The manual(s) shall be kept in a readily accessible location and shall be available for inspection by the Department.
4.Operating and maintenance personnel shall receive their initial training prior to assumption of operational/maintenance activities.
DD.Emergency Contingency Plans
Contingency plans and procedures to handle fires, explosions, hazardous waste incidents and similar emergencies shall be developed for facility personnel and in conjunction with local authorities (police, rescue, fire, medical groups, hazardous waste response companies and transporters), prior to facility operation.
EE.Operation and Maintenance Manual
An operation manual of policies and procedures specific to the facility shall be prepared and updated as needed and available at the facility for inspection by the Department. It shall include general design information, and detailed operational information and instructions that enable supervisory and operating personnel to determine sequence of operations, and routine maintenance procedures with schedules to be followed. Also, it shall include safety requirements and procedures, emergency shutdown procedures and trouble-shooting procedures.
FF.Facility Closure Plan
1.The facility's owner/operator shall notify the Department at least three (3) months prior to the anticipated date that closure operations are to begin.
2.The facility must implement the approved closure plan.
3.Requests for deviations from the previously approved closure plan shall be in writing, including an updated final closure plan, if appropriate, and written approval from the Department must be obtained prior to implementation.
4.After the closure plan has been fully implemented, the Department shall be notified so that an inspection may be made by Department personnel. A list of deficiencies, if any, will be returned to the owner of the facility. A final Department inspection will be required after all deficiencies are corrected.
5.A professional engineer registered in the State of Rhode Island shall certify that the facility is properly closed in conjunction with its approved closure plan.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-03-16 to 04/22/2020*
- *Amendment — effective from 2016-05-04 to 03/16/2018*
- *Amendment — effective from 2005-10-25 to 05/04/2016*
- *Periodic Refile — effective from 2001-12-31 to 10/25/2005*
### **Subchapter 10** Hazardous Waste
#### **250-RICR-140-10-1** Rules and Regulations for Hazardous Waste Management
##### **250-RICR-140-10-1 § 1.1** Purpose {#sec-250-ricr-140-10-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.1}
These Rules and Regulations for Hazardous Waste Management (also referred to hereafter as the Regulations or the Hazardous Waste Regulations) are intended to minimize environmental hazards associated with the generation, transportation, treatment, storage and disposal of hazardous wastes, including the hazardous waste component of mixed radioactive and hazardous waste (mixed waste), the transportation of septage, and the operation of hazardous waste treatment, storage and disposal facilities. They are also designed to promote planning and implementation of hazardous waste treatment, storage and disposal facilities where necessary and desirable.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.2** Authority {#sec-250-ricr-140-10-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.2}
A.Under the authority of the R.I. Gen. Laws Chapters 23-19.1 and 23-19.4 and particularly R.I. Gen. Laws §§ 23-19.1-5, 23-19.1-6, 23-19.1-7, 23-19.1-10, R.I. Gen. Laws Chapters 23-24.10, 23-24.12 and R.I. Gen. Laws §§ 23-19.4-1 through 23-19.4-3, the following Rules and Regulations are promulgated to administer this chapter, as amended, for the generation, transportation, treatment, storage and disposal of hazardous waste, including the hazardous waste component of mixed waste and the transportation and disposal of septage, and shall supersede all previous Rules and Regulations.
B.These Rules and Regulations are adopted pursuant to the authority of R.I. Gen. Laws §§ 23-19.1-7, 23-19.4-3, 23-19.14-18 and 42-17.1-2(s) and in accordance with the procedures set forth in R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.3** Application {#sec-250-ricr-140-10-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.4** Incorporated Materials {#sec-250-ricr-140-10-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.4}
A.Various federal regulations are incorporated by reference in these Rhode Island regulations. All references to particular numbered section(s) or portion(s) of such numbered section(s) of 40 C.F.R. or 49 C.F.R. means that such numbered section(s) or portion(s) of such section(s) of 40 C.F.R. and 49 C.F.R. is or are incorporated by reference, including any cross-references to additional applicable regulations, notes, appendices, and diagrams, except where additions, modifications, or exceptions are specifically stated. When a federal regulation has been incorporated by reference with State additions, modifications, or exceptions, the governing requirements include the State changes in addition to any unchanged portions of the incorporated federal regulation. Any cross references in other State regulations to a federal regulation that has been incorporated with State changes are to that regulation with the State changes. When federal regulations are incorporated by reference, State terms are substituted for federal terms, to the extent provided in § 1.5 of this Part (definitions), of Administrator/Regional Administrator and EPA/United States Environmental Protection Agency/U.S. Environmental Protection Agency/Agency, in addition to the other State changes specified elsewhere in these Rhode Island Hazardous Waste Regulations. The revision dates of the federal regulations that are incorporated by reference are specified in § 1.5 of this Part (definitions) of 40 C.F.R. and 49 C.F.R. The materials incorporated in this Part are from the July 1, 2013 C.F.R. and do not include later amendments to or editions of the incorporated material except for 40 C.F.R. § 261.4(a)(26) from the 2017 C.F.R.
1.Other references may be incorporated in-line in these regulations as necessary.
B.40 C.F.R. §§ 260–261, 263–265, 266 (except for subpart H), 270, 273, and 124 are incorporated by reference in their entirety, except as otherwise noted in these Rules and Regulations. Rhode Island has not adopted the provisions of 40 C.F.R. § 266, subpart H, relative to burning hazardous waste in boilers and industrial furnaces, nor has it adopted the provisions of 40 C.F.R. Part 268. Instead, those provisions are administered in Rhode Island by EPA. Rhode Island has not adopted the reduced requirements of 40 C.F.R. Part 267, relative to operating under standardized permits. Those reduced requirements do not apply in Rhode Island. Rhode Island has adopted its own regulations regarding hazardous waste generators in § 1.7 of this Part. These generator regulations apply in lieu of the federal requirements in 40 C.F.R. Part 262, and 40 C.F.R. § 261.5, except to the extent that § 1.7 references particular Part 262 or § 261.5 requirements. Rhode Island has adopted its own regulations regarding used oil management in § 1.16 of this Part. These used oil regulations apply in lieu of the federal requirements in 40 C.F.R. Part 279, except to the extent that § 1.16 of this Part references particular Part 279 requirements. Any term used within these Rules and Regulations not specifically defined within § 1.5 of this Part shall be defined as in the Federal regulations. Federal statutes and regulations that are cited in 40 C.F.R. Parts 260 through 273 and 124, that are not adopted by reference shall be used as guidance in interpreting the Federal regulations in 40 C.F.R. Parts 260 through 273 and 124.
C.40 C.F.R. Parts 260 and 261 are incorporated by reference in their entirety except as provided below and as otherwise noted in these regulations:
1.40 C.F.R. § 260.1(a) - delete “265” and replace with “266”.
2.40 C.F.R § 260.2(a) – delete “265” and replace with “266”.
3.40 C.F.R. § 260.3 – delete “265” and replace with “266”.
4.In 40 C.F.R. § 260.10 delete the definition of Facility, Hazardous secondary material, Hazardous secondary material generated and reclaimed under the control of the generator, Hazardous secondary material generator, Intermediate facility, Land-based unit, Performance track member facility, and Transfer station. See § 1.6 of this Part for the State definitions of some of these terms, which should be used in place of the non-adopted federal definitions. There are no State substitutions for some other deleted definitions as they relate to federal provisions not adopted by Rhode Island.
5.In 40 C.F.R. § 260.10 delete the definition of “Existing hazardous waste management (HWM) facility or existing facility” and replace with: “Existing hazardous waste management (HWM) facility or existing facility means a hazardous waste management facility that is in operation on or before November 19, 1980.”
6.In 40 C.F.R. § 260.10 delete the definition of “New hazardous waste management (HWM) facility or new facility” and replace with: “New hazardous waste management (HWM) facility or new facility means a hazardous waste management facility that began operation after November 19, 1980.”
7.Replace definition of “Designated Facility” with the definition found in § 1.5 of this Part.
8.In 40 C.F.R. § 260.30 heading, delete the words “Non-waste determinations and”
9.Delete § 260.30(d) and (e).
10.In 40 C.F.R. § 260.33 heading, delete the words “or for non-waste determinations”.
11.In 40 C.F.R. § 260.33 introduction, delete the words “or applications for non-waste determinations”.
12.In 40 C.F.R. § 260.33(a), delete the words “or non-waste determinations”.
13.Delete § 260.33(c), 260.34, 260.42, and 260.43. All of the provisions not adopted in this §§ 1.4(C)(8) through (13) of this Part relate to determinations under the EPA Definition of Solid Waste Rule (DSW Rule), which Rhode Island has not adopted.
14.Revise 40 C.F.R. § 261.1(c)(4) to read “A material is reclaimed if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.” The additional sentences in 40 C.F.R. § 261.1(c)(4) that Rhode Island is not adopting relate to DSW Rule exclusions.
15.In 40 C.F.R. § 261.2(a)(1), delete the words “or that is not excluded by a non-waste determination under §§ 260.30 and 260.34.”
16.Delete § 261.2(a)(2)(ii).
17.Revise 40 C.F.R. § 261.2(c)(3) to read “Reclaimed. Materials noted with a “*” in column 3 of Table 1 are solid waste when reclaimed (except as provided under 40 C.F.R. § 261.4(a)(17). Materials noted with a “-“ in column 3 of Table 1 are not solid waste when reclaimed.”
18.Revise the third column of 40 C.F.R. § 261.2(c) Table 1 to read “Reclamation (§ 261.2(c)(3)) (except as provided in § 261.4(a)(17) (references to DSW Rule provision not included) for mineral processing secondary materials)”.
19.Revise 40 C.F.R. § 261.4(a)(14) to read “Shredded circuit boards being recycled provided that the Department is notified in writing about this activity and that they are:”
20.Delete 40 C.F.R. §§ 261.4(a)(23), 261.4(a)(24), and 261.4(a)(25) (which relate to DSW Rule exclusions not being adopted by Rhode Island).
21.Add 40 C.F.R. § 261.4(a)(26) and the associated definitions contained in the 2017 40 C.F.R. that contains a conditional exclusion from the definition of hazardous waste for solvent-contaminated wipes that are cleaned and reused are incorporated here as well. These provisions are incorporated here as well, with the following revisions:
a.No alternative test methods for determining that there are no free liquids are allowed in Rhode Island.
b.Solvent contaminated wipes may be sent only to laundries and dry cleaners in Rhode Island or in another State that has adopted this exclusion.
22.Rhode Island is not incorporating and does not recognize the conditional exclusion from the definition of hazardous waste for solvent-contaminated wipes that are disposed in 40 C.F.R. § 261.4(b)(18). Add at the end of 40 C.F.R. § 261.4(b)(1): “The provisions of the household hazardous waste exemption apply, but are limited by §§ 1.7.1(B)(1)(b) and (c) of this Part and §§ 1.12 and 1.14(A)(5) of this Part."
23.Delete 40 C.F.R. § 261.4(b)(7)(ii)(F). Manufactured gas plant waste is instead regulated if it meets the definition of a hazardous waste unless it meets the requirements specified in § 1.4(C)(29) of this Part and delete 40 C.F.R. § 261.4(b)(10).
24.In 40 C.F.R. § 261.4(e)(3)(iii), delete "in the Region where the sample is collected".
25.Delete 40 C.F.R. § 261.5 and replace with the following: 40 C.F.R. § 261.5 Special requirements for hazardous waste generated by CESQGs.
a.A conditionally exempt small quantity generator (CESQG) is defined in § 1.5 of this Part.
b.Requirements applicable to CESQGs are specified at §§ 1.7.1 through 1.7.11 and 1.7.14 of this Part.
26.Delete 40 C.F.R. §§ 261.5(h) and 261.5(j).
27Delete the following rules related to cathode ray tubes: 40 C.F.R. §§ 261.4(a)(22), 261.39, 261.40 and 261.41. These cathode ray tube exemptions and provisions do not apply in Rhode Island; instead, cathode ray tubes are subject to the § 1.14 of this Part universal waste regulations.
28.In 40 C.F.R. § 261.9, add the following:
a.Used electronics as described in § 1.14.2 of this Part and defined in § 1.5 of this Part;
b.Silver-containing photo fixing solutions as described in § 1.14.3 of this Part and defined in § 1.5 of this Part.
29.In 40 C.F.R. § 261.24(a) delete the words “(except manufactured gas plant waste)” and replace with “except manufactured gas plant remediation waste that is managed under a Department approval issued in accordance with applicable RIDEM Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Subchapter 30 Part 1 of this Chapter), and that is not land disposed”.
30.Delete 40 C.F.R. Part 261 Subpart H (part of DSW Rule not adopted).
D.40 C.F.R. Part 263 is incorporated by reference in its entirety except as provided below and in § 1.8 of this Part and as otherwise noted in these regulations.
1.In 40 C.F.R. § 263.12, replace “ten days” with “seventy-two hours (excluding Sundays and federal and Rhode Island legal holidays)”.
2.Delete 40 C.F.R. § 263.20(h).
E.40 C.F.R. Part 264 is incorporated by reference in its entirety except as provided in § 1.10 of this Part and as otherwise noted in these regulations.
F.40 C.F.R. Part 265 is incorporated by reference in its entirety except as provided below and as otherwise noted in these regulations.
1.Delete 40 C.F.R. § 265.1(c)(8) pertaining to the farmer exemption.
2.In 40 C.F.R. §§ 265.143(g) and 265.145(g) Where the sentence "If the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance shall be submitted to and maintained with the Regional Administrator of all such Regions." appears, replace it with the sentence "If the facilities covered by the mechanism are in more than one State, identical evidence of financial assurance shall be submitted to and maintained with the State Agency regulating hazardous waste or with the appropriate Regional Administrator if the facility is located in an unauthorized State."
3.In 40 C.F.R. §§ 265.191(a) and 265.191(c), compliance in Rhode Island relative to the January 12, 1988 and July 14, 1986 dates, respectively, applies only to a tank system owned or operated by a federal small quantity generator or any tank system (aboveground, onground, inground, or underground) that cannot be entered for inspection. Relative to a tank system that is not owned or operated by a federal small quantity generator and that is a tank system (aboveground, onground, inground, or underground) that can be entered for inspection, "January 12, 1988" and "July 14, 1986" shall be replaced with "December 1, 1992", wherever those dates occur in 40 C.F.R. §§ 265.191(a), and 265.191(c), respectively.
G.40 C.F.R. Part 266 (except for subpart H) is incorporated by reference in its entirety except as otherwise noted in these regulations.
H.40 C.F.R. Part 270 is incorporated by reference in its entirety except as provided in § 1.9 of this Part “Issuance, Renewal and Conditions of Facility Permits” and as otherwise noted in these regulations.
I.40 C.F.R. Part 273 is incorporated by reference in its entirety except as provided in § 1.14 of this Part and as otherwise noted in these regulations.
J.40 C.F.R. Part 124 is incorporated by reference in its entirety except as provided in § 1.9 of this Part and as otherwise noted in these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.5** Definitions {#sec-250-ricr-140-10-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.5}
A.Any term used within these regulations not specifically defined within this section shall be defined as in 40 C.F.R. § 260.10, incorporated above at § 1.4(B) of this Part.
1."Aboveground tank" means a tank used to store or process hazardous waste or used oil that is not an underground storage tank as defined in these regulations.
2."Active portion" means any portion of a hazardous waste management facility that is being used or has been used in the past to unload, treat, store or dispose of hazardous waste, but does not include the closed portion.
3."Acutely hazardous waste" means materials identified in 40 C.F.R. § 261.33(e) and wastes identified in 40 C.F.R. § 261.30(d) and in 40 C.F.R. § 261.11(a)(2).
4.“Administrator” or “Regional administrator” or "Assistant administrator" or "Assistant administrator for solid waste and emergency response" or "EPA administrator" or "State Director" means as used in the portions of the Code of Federal Regulations that are incorporated by reference, shall mean the Director of the Department of Environmental Management, or his/her designee, except as follows:
a.Use of the word "Administrator" or "Regional Administrator" (or "Assistant Administrator" or "Assistant Administrator for Solid Waste and Emergency Response" or "EPA Administrator") in any section of the Code of Federal Regulations that cannot be delegated from EPA to any state, including Rhode Island and that include the following 40 C.F.R. Parts 262, Subpart E and Subpart H and 263, Subpart B regarding exports of hazardous waste; §§ 268.5, 268.6, and 268.42(b) plus 268.44(a-g) regarding land disposal restrictions.
b.References to the Administrator or to the Regional Administrator, appearing therein, shall be interpreted as referring to the Director, except for such references in 40 C.F.R. § 260.10 other than its use in the definition of a boiler, in 40 C.F.R. §§ 260.20(b) and 260.22, in 40 C.F.R. § 261.4(f)(1), in 40 C.F.R. § 261.10 and 261.11, in 40 C.F.R. § 262, Subpart E and Subpart H, in 40 C.F.R. § 264.12(a), in 40 C.F.R. § 265.12(a), in 40 C.F.R. § 268.5, in 40 C.F.R. § 268.13, in 40 C.F.R. § 268.40, in 40 C.F.R. § 268.42(b), in 40 C.F.R. § 270.2, in 40 C.F.R. § 270.5, in 40 C.F.R. §§ 270.10(e)(2) and (e)(3), in 40 C.F.R. § 270.10(f)(2), in 40 C.F.R. §§ 270.10(g)(1)(i) and (iii), in 40 C.F.R. § 270.10(f)(3), in 40 C.F.R. § 270.11(a)(3), in 40 C.F.R. § 270.14(b)(20), in 40 C.F.R. § 270.32(b)(2), in 40 C.F.R. § 271.5, in 270.110(h), and in any other section of 40 C.F.R. not adopted by reference or not delegable to the State of Rhode Island.
c.In §§ 1.4(A) and (B) of this Part, where "Administrator" or "Regional Administrator" does not mean the Director of the Department of Environmental Management, or his/her designee, “Administrator” means the Administrator of the Environmental Protection Agency, or his/her designee, and “Regional Administrator” shall mean the Regional Administrator for the EPA region where the facility is located, or his/her designee.
5."Architectural paint" means interior and exterior architectural coatings recommended for field application to stationary structures and their appurtenances, to portable buildings, to pavements, or to curbs. This definition excludes adhesives and coatings recommended by the manufacturer or importer solely for shop applications or solely for application to non-stationary structures, such as automobiles, airplanes, ships, boats, and railcars.
a.The term architectural paint includes both materials that meet the definition of hazardous waste (i.e. oil based pants and polyurethanes) as well as non-hazardous wastes (i.e. latex paint, water based polyurethanes). The use of the term architectural paint in these regulations is not meant to imply that the materials are or are not hazardous wastes. As with other wastes, such a determination must be made using analysis or generator knowledge as described in § 1.7 of this Part.
6."Asbestos" means actinolite, amosite, anthophylite, chrysotile, crocidolite and tremolite.
7."Base flood" means a flood that has a 1% or greater chance of recurring in any year. The 100 year flood plain means any land that is subject to flooding as the result of a base flood.
8."Boiler" means that term as defined in 40 C.F.R. § 260.10. However, variances from this definition may be granted by the Director in accordance with the provisions of § 1.6.2 of this Part, the provisions of 40 C.F.R. § 260.32 and the procedures of 40 C.F.R. § 260.33.
9."Closed portion" means that portion of a facility that an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements.
10."Closure plan" means the plan prepared for closure in accordance with these Rules and Regulations.
11."Coastal high hazard area" means the area subject to high velocity waters, including, but not limited to, hurricane wave wash or tsunamis as designated on Flood Insurance Rate Maps (FIRM) as Zone VI-30 (found at https://msc.fema.gov/portal).
12."Community collection center" means a location registered with the Department to accept Household Hazardous Waste and/or hazardous waste from Conditionally Exempt Small Quantity Generators. The Community Collection Center shall include all contiguous land, structures and other appurtenances and improvements on the land used for accepting, storing, consolidating or shipping hazardous waste or used oil.
13."Community water system" means a system for the provision to the public of piped water for human consumption that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
14."Conditionally exempt small quantity generator" or "CESQG" means a person who meets all of the conditions below:
a.Generates 220 lbs (100 kg) or less of hazardous waste in a calendar month, and
b.Generates 2.2 lbs (1 kg) or less of acutely hazardous waste in a calendar month, and
c.Generates 220 lbs (100 kg) or less of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill into or on any land or water, of any acutely hazardous waste in a calendar month, and
d.Accumulates on-site a total amount of hazardous waste that is less than 2,200 lbs (1,000 kg) and a total amount of acute hazardous waste that is less than 2.2 lbs (1 kg) and a total amount of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acutely hazardous waste into or on any land or water that is less than 220 lbs (100 kg).
e.Such quantity determination shall be made in accordance with § 1.7.6 of this Part. [see also definitions of Small Quantity Generator and Large Quantity Generator].
15."Consignee" means a person or agent to whom something is sent.
16."Container" means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.
17."Contingency plan" means a document setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or release of hazardous waste or hazardous waste constituents that would threaten human health or the environment.
18."Critical habitat" means that area for an endangered species as defined in the Endangered Species Act, 16 U.S.C. § 1532.
19."Department" means the Department of Environmental Management.
20."Designated facility" means: A hazardous waste treatment, storage, or disposal facility that:
a.Has received a permit (or interim status) in accordance with the requirements of 40 C.F.R. Parts 270 and 124,
b.Has received a permit (or interim status) from a State authorized in accordance with 40 C.F.R. Part 271 or
c.Is regulated under 40 C.F.R. § 261.6(c)(2) or subpart F of 40 C.F.R. Part 266 and
d.That has been designated on the manifest by the generator pursuant to 40 C.F.R. § 262.20, excluding 262.20(e).
e.Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with 40 C.F.R. §§ 264.72(f) or 265.72(f).
f.If a waste is destined to a facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving State to accept such waste.
21."Destination facility" means a facility that treats, disposes of, or conducts on-site recycling of a particular category of universal waste, except those management activities described in 40 C.F.R. § 273.13(a) and (c) and 40 C.F.R. § 273.33(a) and (c). A facility, at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.
22."Director" means the Director of the Department of Environmental Management, or his/her designee.
23."Direct recharge area" means any area in which precipitation percolates to the water table and flows through subsurface materials to a specified area of discharge. The specified area of discharge may be a reach of a stream, a spring, a well or a well field.
24."Discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous waste into or on any land or water.
25."Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, abandoning or placing of any hazardous waste in, on, into or onto any land, other surface, or building, or into any water, stormwater system or sewer system.
26.“DOT” or “Department of Transportation” means as used in the portions of the Code of Federal Regulations that are incorporated by reference means the USDOT (“US Department of Transportation”).
27."Endangerment" means the introduction of a substance into groundwater so as to cause the maximum allowable contaminant levels established in the National Primary Drinking Water Standards or the standards contained in the Public Drinking Water Regulations of the Rhode Island Department of Health (216-RICR-50-05-1) to be exceeded in the groundwater; or require additional treatment of the groundwater in order not to exceed the maximum contaminant levels established in any promulgated National Primary Drinking Water Standard or the standards contained in the Public Drinking Water Regulations of the Rhode Island Department of Health.
28.“EPA” or "United States Environmental Protection Agency" or "U.S. Environmental Protection Agency" or "Agency" means as used in the portions of the Code of Federal Regulations that are incorporated by reference, means the “Department" or the “Department of Environmental Management", except as follows:
a.References to "EPA Identification numbers", "EPA hazardous waste numbers", "EPA test methods", "EPA publications", "EPA form(s)", "EPA Guidance", or "EPA Acknowledgement of Consent".
b.Use of "EPA" or "United States Environmental Protection Agency" or "U.S. Environmental Protection Agency" or "Agency", including its mailing address, where shown, in the following 40 C.F.R. §§ 260.10, 260.11(a), 261 Appendix ix, 264.12(a), 265.12(a), 268.1(e)(3), 270.2, 270.10(e)(2), 270.32(a), 270.32(c), 270.72(a)(5), 270.72(b)(5), 273.32(a)(3).
c.Use of "EPA" or "United States Environmental Protection Agency" or "U.S. Environmental Protection Agency" or "Agency" in any section of the Code of Federal Regulations that cannot be delegated to any state, including Rhode Island and that include the following 40 C.F.R. Part 262, Subpart B, Subpart E, & Subpart H and Part 263, Subpart B regarding exports of hazardous waste; §§ 262.60(c) and (e) and 264.71(d) regarding imports of hazardous waste; and §§ 268.5, 268.6, and 268.42(b) plus 268.44(a-g) regarding land disposal restrictions.
d.Use of EPA with respect to manifest registry functions under 40 C.F.R. § 262.21 and with respect to export requirement in 40 C.F.R. § 263.20(a) and (g).
e.Usage in the term "EPA region" in 40 C.F.R. Part 260.
f.References to “EPA Director of the Office of Solid Waste” in 40 C.F.R. § 262.21.
g.References to EPA’s “International Compliance Assurance Division” in 40 C.F.R. §§ 264.71(a)(3) and 265.71(a)(3).
29."EPA identification number" or "I.D. No." means the number assigned by the Department to each generator, hazardous waste transporter, and treatment, storage or disposal facility.
30."Evaporation unit" means a tank or tank system that:
a.Heats wastewater to intentionally evaporate water to reduce the volume of the wastewater only and;
b.Receives and treats or stores an influent wastewater that is a hazardous waste, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste, or treats or stores a wastewater treatment sludge which is a hazardous waste and;
c.Is not used to dispose of hazardous waste and;
d.Has notified the Department as required by § 1.7.1(C)(5)(e) of this Part.
e.Evaporation unit does not mean a sludge dryer associated with a wastewater treatment unit. Also, sludge dryers not associated with wastewater treatment units shall be considered hazardous waste treatment units in accordance with §§ 1.9 and 1.10 of this Part.
31."Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of hazardous waste, is in operation and meets the following definition:
a.A tank system that is owned or operated by a small quantity generator or any tank system (aboveground, onground, inground, or underground) that cannot be entered for inspection, and for which the installation commenced on or prior to July 14, 1986 or;
b.A tank system (aboveground, onground, inground, or underground) that is not owned or operated by a small quantity generator that can be entered for inspection, and for which the installation commenced on or prior to December 1, 1992.
c.For the definitions above, installation will be considered to have commenced if the owner or operator has obtained all Federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either.
(1)a continuous on-site physical construction or installation program has begun, or
(2)the owner or operator has entered into contractual obligations—which cannot be canceled or modified without substantial loss—for physical construction of the site or installation of the tank system to be completed within a reasonable time.
32."Facility" means all contiguous land, structures and other appurtenances and improvements on the land used for treating, storing or disposing of hazardous waste or used oil. For the purposes of implementing corrective action under 40 C.F.R. § 264.101, the term shall mean all contiguous property under the control of the owner or operator seeking a RCRA subtitle C permit. The term shall also mean all contiguous property under control of the owner or operator of an interim status facility implementing corrective action.
33."Fault" means a fracture along which rocks on one side have been displaced with respect to those on the other side.
34."FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136-136y).
35."Flood plain" means that area covered by a flood that has a one percent or greater chance of occurring in any year or of a magnitude equaled or exceeded once in 100 years on the average.
36."Generator" means any person, by site, who produces hazardous waste or imports hazardous waste from a foreign country or whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation. Any person that takes possession or control of hazardous waste by obtaining property where hazardous waste is stored or abandoned shall be considered a generator. The term “generator” shall include Large Quantity Generators, Small Quantity Generators and Conditionally Exempt Small Quantity Generators.
37."Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form that, because of its quantity, concentration, or physical or chemical characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment. "Hazardous waste" means any hazardous waste as defined in 40 C.F.R. § 261.3 or is subject to regulation under 40 C.F.R. §§ 261.7 and 261.33 as well as any hazardous waste defined in § 1.5 of this Part including Rhode Island Hazardous Waste. Where the phrase solid waste appears in the Code of Federal Regulations, the word waste may be substituted.
a.Mixed waste as defined in § 1.5 of this Part is also a hazardous waste.
b.Determination that a material is not a hazardous waste must be made in accordance with 40 C.F.R. §§ 260.30, 260.31, and 260.33.
c.Hazardous wastes that are recycled are subject to the provisions of 40 C.F.R. § 261.6 and the sections of 40 C.F.R. Part 266 referenced therein, except as limited by R.I. Gen. Laws § 23-19.1-10(f) and except as 40 C.F.R. § 261.6(a)(4) affects used oil that exhibits one or more of the characteristics of hazardous waste. The Director may also regulate certain recycling activities as provided by 40 C.F.R. §§ 260.40 and 260.41.
38."Hazardous waste disposal facility" means real and personal property acquired, constructed or operated for the purpose of the disposal of hazardous waste. This term does not include a corrective action management unit into which remediation wastes are placed.
39."Hazardous waste incinerator" means an engineered device using controlled flame combustion for thermally degrading hazardous waste.
40."Hazardous waste management facility" means a facility, excluding vehicles, for collection, source separation, storage, processing, treatment, recovery or disposal of hazardous wastes, or a transfer station for hazardous waste, and may include a facility where such activities occur and where waste has been generated.
41."Hazardous waste transporter" means a person, individual, firm, partnership, association and private or municipal corporation that transports hazardous waste.
42."Hazardous waste treatment facility" or "Hazardous waste storage facility" means real and personal property acquired, constructed or operated for the purpose of storing or treating hazardous wastes.
43."Household hazardous waste" means waste that meets any of the definitions of a hazardous waste and which is derived from households. This definition does not include hazardous wastes generated in households as part of a business, nor shall this definition extend to wastes from hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas, except for those wastes ordinarily left behind by guests or other users of these institutions. Hazardous waste pharmaceuticals from residential care apartment complexes or other properties that purchase, store, distribute or otherwise centrally manage medications on behalf of tenants are not considered household hazardous waste, but rather are regulated as hazardous waste.
44."Household hazardous waste facility" means a facility that accepts for subsequent disposal, only household hazardous waste as defined above.
45."Household hazardous waste pharmaceuticals" means pharmaceutical wastes (medications) that also meet the definition of household hazardous waste.
46."Household refuse" means refuse generally produced at a home.
47."Household used oil" means used oil derived from households.
48."Household used oil generator" means an individual who generates household used oil.
49."Incineration" means the treatment of hazardous waste using controlled flame combustion, the primary purpose of which is to thermally break down the hazardous waste.
50."Incinerator" means any enclosed device using controlled flame combustion that neither meets the criteria for classification as a boiler nor is listed as an industrial furnace.
51."Incompatible wastes" means a hazardous waste that is unsuitable for:
a.Placement in a particular device or facility because it may cause corrosion or decay of containment materials; or
b.Commingling with another waste or material under controlled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes or gases or flammable fumes or gases.
52."Industrial furnace" means any device listed as such in 40 C.F.R. § 260.10 or other devices that the Director may, after notice and comment, add to the list based on one or more of the factors specified in part 13 of the definition of industrial furnace in 40 C.F.R. § 260.10.
53."Injection well" means a well or system of wells used for the disposal of hazardous waste by pumping the waste into deep wells where they are contained in the pores of permeable subsurface rock.
54."In operation" means a facility that is treating, storing or disposing of hazardous waste.
55."Land disposal facilities" means surface impoundments, waste piles, land treatment facilities and landfills.
56."Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and that is not a land treatment facility, a surface impoundment, an injection well, a waste pile, or a corrective action management unit.
57."Land treatment facility" means a facility or part of a facility where hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.
58."Large quantity generator of hazardous waste" or "LQG" means a person who meets any of the following conditions:
a.Generates 2,200 lbs (1,000 kg) or more of hazardous waste in a calendar month, or
b.Generates greater than 2.2 lbs (1 kg) of acutely hazardous waste in a calendar month, or
c.Generates more than 220 lbs (100 kg) of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill into or on any land or water, of any acutely hazardous waste in a calendar month or
d.The quantity of hazardous waste stored on-site exceeds 13,200 lbs (6,000 kg) at any one time, or the quantity of acutely hazardous waste stored on-site exceeds 2.2 lbs (1 kg) at any one time, or the quantity of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acutely hazardous waste into or on any land or water stored on-site exceeds 220 lbs (100 kg) at any one time.
e.Such quantity determination shall be made in accordance with § 1.7.6 of this Part. [See also definitions of Small Quantity Generator and Conditionally Exempt Small Quantity Generator]
59."Large quantity handler of universal waste" means a universal waste handler (§ 1.7.6 of this Part) who accumulates 20,000 kilograms or more total of used electronics, calculated collectively at any time, or who accumulates 5,000 kilograms (11,000 pounds) or more total of all other universal waste (batteries, pesticides, mercury-containing equipment, lamps, or silver-containing photo fixing solutions), calculated collectively at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year where 20,000 kilograms or more total of used electronics, or 5,000 kilograms (11,000 pounds) or more total of all other universal waste is accumulated.
60."Liquid" means any waste that expresses as separable liquid by weight thirty percent (30%) or more of the waste when exposed to a vacuum of 3/4 atmosphere for thirty (30) minutes.
61."Load" means a mass or weight of a particular hazardous waste contained in one or more transporting container(s).
62."Local land authority" means a city or town council.
63."Low-level mixed waste" means waste that contains both low-level radioactive waste and hazardous waste.
64."Low-level radioactive waste" means a radioactive waste that contains source material, special nuclear material, or byproduct material, and that is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11e(2) of the Atomic Energy Act (42 U.S.C.).
65."Manifest" means the Uniform Hazardous Waste Manifest (EPA Form 8700-22, including Form 8700-22A) as defined by 40 C.F.R. § 260.10. Examples of these forms can also be found at http://www.epa.gov/epawaste/hazard/transportation/manifest/forms.htm.
66."Manufacturing and mining by-products" means secondary or incidental materials created in manufacturing or mining operations.
67."Mixed waste" means a waste that contains both hazardous waste and radioactive waste that is classified as source material, special nuclear material, or byproduct material subject to the Atomic Energy Act of 1954, as amended as of the effective date of these regulations.
68."NARM" or "Naturally occurring and/or accelerator-produced radioactive material" means radioactive materials that:
a.Are naturally occurring and are not source, special nuclear, or byproduct materials as defined by the Atomic Energy Act, or
b.Are produced by an accelerator.
69."New tank system" or "new tank component" means a tank system or component that will be used for the storage or treatment of hazardous waste and that meets the following definition:
a.A tank system that is owned or operated by a small quantity generator or any tank system (aboveground, onground, inground, or underground) that cannot be entered for inspection, and for which the installation commenced after July 14, 1986 or;
b.A tank system (aboveground, onground, inground, or underground) that is not owned or operated by a small quantity generator that can be entered for inspection, and for which the installation commenced after to December 1, 1992.
c.For the definitions above, installation will be considered to have commenced if the owner or operator has obtained all Federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either
(1)a continuous on-site physical construction or installation program has begun, or
(2)the owner or operator has entered into contractual obligations—which cannot be canceled or modified without substantial loss—for physical construction of the site or installation of the tank system to be completed within a reasonable time.
70."On-site" means the same or geographically contiguous property that may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right-of-way. Non-contiguous properties owned by the same person connected by a right-of-way that he controls and to which the public does not have access is also considered on-site property.
71."Operator" means the person who is responsible for the operation of the facility.
72."Owner" means the person who owns the facility or part of the facility.
73."Paint collection center" means a location registered with the Department to accept only architectural paint that is either Household Hazardous Waste and/or is generated by Conditionally Exempt Small Quantity Generators. The Paint Collection Center shall include all contiguous land, structures and other appurtenances and improvements on the land used for accepting, storing, consolidating or shipping paint.
74."PCB" or "PCBs" means any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances that contains such substances.
75."Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the Federal Government or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, or any interstate body.
76."Precious metal bearing wastes" means all materials destined for reclamation containing a concentration of gold, silver, rhodium, palladium and/or platinum that makes the waste economically recoverable including, but not limited to, plating baths and stripping solutions.
77."Processing used oil" means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the used oil fuel specifications, filtration, simple distillation, chemical or physical separation and re-refining.
78."RAP" means a Remedial Action Plan as defined in 40 C.F.R. § 270.2.
79."RCRA" or "Resource Conservation and Recovery Act" or "Subtitle C of RCRA" or "RCRA Subtitle C" or "Subtitle C" means as used in the portions of the Code of Federal Regulations that are incorporated by reference, when referring either to an operating permit or to the Federal hazardous waste program as a whole (i.e., not a specific provision of RCRA), means the R.I. Gen. Laws Chapter 23-19.1 (Hazardous Waste Management Act), except as otherwise noted in these Rules and Regulations and except at 40 C.F.R. § 260.10 definition of "Act" or "RCRA", at 40 C.F.R. § 262 Appendix, at 40 C.F.R. § 270.2 definition of "RCRA" and at 40 C.F.R. § 270.51 reference to "EPA-issued RCRA permit".
80."Remediation waste management site" means a facility where an owner or operator is or will be treating, storing, or disposing of hazardous remediation waste.
81."Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil.
82."Rhode Island hazardous wastes" means any waste meeting the below-listed definitions:
a.Rhode Island Hazardous Waste Codes R001-R010 - Waste codes R001 through R010 are only to be used if the waste meets the definition associated with these codes and does not meet any of the federal definitions of a hazardous waste.
(1)Used Electronics (R001) shall mean used electronics voluntarily managed as a hazardous waste.
(2)Reserved: The following waste codes are reserved: R002, R003, R004, R005 and R008.
(3)"Extremely hazardous waste" or "R006" means any waste that:
(AA)Contains any known carcinogen as designated in regulatory rule-making by any of the federal agencies (OSHA, FDA, EPA, CPSC or DHHS-NTP) in concentrations or amounts at or above the federally regulated level or at 1/10 of 1% (0.1%) by weight, whichever is more stringent, of any solid or liquid mixture. (This rule does not apply to asbestos waste or PCB waste.) or
(BB)Contains any suspect human carcinogen as designated in a regulatory rule-making by any of the federal agencies (OSHA, FDA, EPA, CPSC or DHHS-NTP) in concentrations or amounts at or above the federally regulated level or at 1% by weight whichever is more stringent, of any solid or liquid mixture. This rule does not apply to asbestos waste, or
(CC)Contains any U. S. Department of Transportation Class 2, Division 2.3 hazardous material (gas poisonous by inhalation), per 49 C.F.R. § 173.115 or Class 6, Division 6.1 hazardous material (poisonous materials), per 49 C.F.R. § 173.132 other than pharmaceuticals in finished dosage forms (i.e. inhalers, capsules, tablets, syrups, injectables and ointments), or
(DD)Contains chemotherapy agents that are antineoplastic or cytotoxic, including but not limited to drugs listed by the United States Center for disease control in the National Institute of Occupational Safety and Health list of Antineoplastic and Other Hazardous Drugs (http://www.cdc.gov/niosh/docs/2012-150/pdfs/2012-150.pdf) incorporated by reference herein, not including any further amendments or editions thereof.
(4)"Polychlorinated biphenyls waste" or "PCB waste" (R007) means any waste that contains polychlorinated biphenyls at a concentration of fifty parts per million (50 ppm) or greater. Wastes containing PCBs at a concentration of 50 ppm or greater are also subject to additional regulations under TSCA (Toxic Substances Control Act) in 40 C.F.R. Part 761.
(5)"Mercury containing wastes" (R009) means any waste that contains any mercury-added products that are disposed of as waste but do not meet the federal definition of D009 in 40 C.F.R. § 261.24. These wastes may also be managed as mercury containing equipment as per § 1.14 of this Part.
(6)"Used oil" (R010) means any used oil that is designated by the generator as hazardous waste and not sent for recycling in accordance with § 1.16 of this Part and that does not meet any of the criteria for characteristic or listed hazardous wastes in 40 C.F.R. Part 261 Subparts C and D or Rhode Island State-regulated hazardous wastes.
b.Rhode Island Fee Exemption Waste Codes (R011-R016)
(1)The following codes indicate the waste is exempt from the Hazardous Waste Generation Fee described in §§ 1.7 and 1.8 of this Part and are to be used in addition to other applicable federal and state hazardous waste codes. These waste codes are to be used in addition to applicable state and federal waste codes:
(AA)Secondary Waste: Waste generated by a hazardous waste management facility as a result of treatment, repackaging or storage of wastes received by the facility shall be designated as an R011 waste. This waste code shall be used in addition to other required waste codes.
(BB)Precious metal bearing waste meeting the definition of a precious metal bearing waste as defined by § 1.5 of this Part shall be designated as an R012 waste. This waste code shall be used in addition to other required waste codes.
(CC)Household hazardous waste meeting the definition of a household hazardous waste as defined by § 1.5 of this Part shall be designated as an R013 waste. This waste code shall be used in addition to other required waste codes. This exemption shall also apply to architectural paints collected by Paint Collection Centers or Community Collection Centers from CESQGs.
(DD)Used oil or related materials that are managed in accordance with the requirements of § 1.16 of this Part shall be designated as an R014 waste.
(EE)Waste not meeting the definition of a hazardous waste that is transported using a manifest shall be designated as an R015 waste. This waste code shall be used in addition to other waste codes required by the destination state.
(FF)Removal Action Waste generated (as listed on item 5 of the Manifest) by the Department or the United States Environmental Protection Agency in the course of emergency response or environmental remediation activities. This exemption shall only apply if the applicable government agency generating the waste while performing the remediation is not considered a Responsible Party as defined herein or pursuant to R.I. Gen. Laws § 23-19.14-3. Such waste shall bear a State waste code of R016 code in addition to other waste codes required by the destination state.
(GG)Use of the R016 waste code by the generating agency shall not prohibit the Department from collecting the Hazardous Waste Generation Fee as part of a cost recovery action from any other generator determined to be a responsible party associated with the removal action.
83."Satellite accumulation" means the accumulation of as much as fifty-five (55) gallons of hazardous waste, or the accumulation of as much as one quart of acutely hazardous waste, in containers located at or near any point of generation where the waste initially accumulates, and that is under the control of the operator of the process generating the waste.
84."Septage" means septage from individual sewage disposal systems containing human or animal excremental liquid or substance, any putrescible animal or vegetable matter, garbage and filth, including the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers and the contents of septic tanks, grease traps, cesspools or privies.
85."Silver-containing photo fixing solutions" means photographic processing solutions containing silver (hazardous waste code D011) that has been removed from photographic film and paper by the fixing agent and that fail the TCLP (40 C.F.R. § 261.24) for silver and therefore meet the definition of hazardous waste code D011.
86."Small quantity generator of hazardous waste" or "SQG" means a person who meets all of the conditions below:
a.Generates less than 2,200 lbs (1,000 kg) but greater than 220 lbs (100 kg) of hazardous waste in a calendar month, and
b.Generates less than or equal to 2.2 lbs (1 kg) of acutely hazardous waste in a calendar month, and
c.Generates less than or equal to 220 lbs (100 kg) of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill into or on any land or water, of any acutely hazardous waste in a calendar month, and
d.Does not store on-site at any time a total amount of hazardous waste greater than 13,200 lbs (6,000 kg), or a total amount of acute hazardous waste greater than 2.2 lbs (1 kg) or a total amount of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acutely hazardous waste that exceeds 220 lbs (100 kg).
e.Such quantity determination shall be made in accordance with § 1.7.6 of this Part. [See also definitions of Large Quantity Generator and Conditionally Exempt Small Quantity Generator]
87."Small quantity handler of universal waste" means a universal waste handler (as defined in this rule) who does not accumulate 20,000 kilograms or more total of used electronics, calculated collectively at any time and who does not accumulate 5,000 kilograms (11,000 pounds) or more total of all other universal waste (batteries, pesticides, mercury-containing equipment, lamps, or silver-containing photo fixing solutions), calculated collectively at any time.
88."Sole source aquifer" means an aquifer designated by the United States Environmental Protection Agency as the sole or principal source of drinking water for the area above the aquifer and including those lands where the population served by the aquifer live; that is, an aquifer which is needed to supply 50% or more of the drinking water for that area and for which there are no reasonably available alternative sources should the aquifer become polluted.
89."Solid waste management unit" or “SWMU” means a hazardous waste management facility or any portion thereof where solid wastes have been placed at any time, irrespective of whether the unit was intended for the management of solid or hazardous waste. Such unit includes any area at a facility where solid wastes have been routinely and systematically released. SWMUs include regulated units as well as units used to manage non-hazardous solid wastes.
90."Specification used oil" means any used oil that meets the minimum allowable levels for Flash Point and does not contain constituents at concentrations that exceed any maximum allowable levels listed in Table 3 of § 1.16.3(A)(6) of this Part.
91."State" or "States" or "Authorized State" or "Approved States" or "Approved program" means as used in the portions of the Code of Federal Regulations that are incorporated by reference means the state of Rhode Island, except as the term appears at 40 C.F.R. § 124.2(a) definitions of “Director”, “Interstate agency”, “Person” and “State”, at 40 C.F.R. §§ 260.10 definitions of "Person", "State", and "United States", at 40 C.F.R. Part 262, at 40 C.F.R. § 264.143(e)(1), at 40 C.F.R. § 264.145(e)(1), at 40 C.F.R. § 264.147(a)(1)(ii), (b)(1)(ii), (g)(2) and (g)(4), at 40 C.F.R. § 265.143(d)(1), at 40 C.F.R. § 265.145(d)(1), at 40 C.F.R. § 265.147(a)(1)(ii), (g)(2), and (i)(4), at 40 C.F.R. § 270.2 definitions of “application”, "approved program or approved State", "Director", "Interim Authorization", "Final Authorization", “Major Facility”, “Person", “Publicly Owned Treatment Facilities”, "State”, “State Director”, and “State/EPA Agreement”.
92."Storage" means the actual or intended containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.
93."Storage facility" means any facility that stores hazardous wastes and that has a closure plan that provides for the complete removal of all wastes.
94."Surface impoundment" means a facility or part of a facility that is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), that is designed to hold an accumulation of liquid wastes or waste containing free liquids, and that is not an injection well. Examples of surface impoundments are holding, storage, settling and aeration pits, ponds and lagoons.
95."Tank" means a stationary device designed to contain an accumulation of material, hazardous waste or used oil that is constructed primarily of non-earthen materials that provide structural support.
96."Tolling agreement" means a contract between a used oil generator and a used oil processor/re-refiner pursuant to which used oil that is reclaimed by the used oil processor/re-refiner is returned to the used oil generator for use as a lubricant, cutting oil or coolant.
97."Totally enclosed treatment unit" means a unit for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.
98."Toxicity characteristic leaching procedure" means the procedure referenced in 40 C.F.R. § 261.24(a).
99."Transfer station" means an intermediate point in the transport of hazardous wastes where such wastes are brought, stored and transferred to vehicles for movement to other intermediate points or to the point of ultimate storage or disposal.
100."Transport" means the movement of wastes from the point of generation to any off-site intermediate points, and finally to the point of final storage, treatment or disposal.
101."Transportation unit" means any car, truck, tractor, or other device used in transportation on land, water, or in the air or any trailer, tank or other type of containment structure permanently or temporarily attached thereto.
102."Transporter" means any person that transports hazardous waste other than on-site or that transports septage.
103."Treatment" means any method, technique, or process, including neutralization or incineration, designed to change the physical, chemical, or biological character or composition of any hazardous waste as to neutralize such waste or so as to render such waste less hazardous, non-hazardous, safer to transport, amenable to storage, or reduced in volume, except such method or technique as may be included as part of the manufacturing process at the point of generation.
104."Underground drinking water source" means an aquifer supplying drinking water for human consumption; or an aquifer where the groundwater contains less than 500 mg/L total dissolved solids; or an aquifer designated as such by the Administrator of the Environmental Protection Agency or any Rhode Island State agency authorized to do so.
105."Underground storage tank" or "UST" means any tank or tank system that meets the definition of a UST contained in the Rhode Island Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials, the “UST Regulations" (Subchapter 25 Part 1 of this Chapter).
106."Universal waste" means any of the following hazardous wastes that are subject to the universal waste requirements of 40 C.F.R. Part 273 and that are subject to § 1.14 of this Part:
a.Batteries as described in 40 C.F.R. § 273.2;
b.Pesticides as described in 40 C.F.R. § 273.3;
c.Mercury-containing equipment as described in 40 C.F.R. § 273.4;
d.Lamps as described in 40 C.F.R. § 273.5.
e.Used Electronics as described in § 1.15 of this Part;
f.Silver-containing photo fixing solutions as described in § 1.15 of this Part.
107.Universal Waste Handler:
a.Means:
(1)A Generator (as defined in § 1.5 of this Part) of universal waste; or
(2)The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.
b.Does not mean:
(1)A person who treats (except for those activities allowed in § 1.14 of this Part) disposes of, or recycles universal waste; or
(2)A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
108."Universal waste transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.
109."Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
110."Used electronics" or “used electronic device” means a device or component thereof that contains one or more circuit boards or a cathode ray tube and is used primarily for communication, data transfer or storage, or entertainment purposes, including but not limited to, desk top and lap top computers, computer peripherals, computer monitors, copying machines, scanners, printers, radios, televisions, camcorders, digital cameras, digital picture frames, video cassette recorders (“VCRs”), compact disc (“CD”) players, digital video disc (“DVD”) players, MP3 players, video game consoles, portable Global Positioning System (“GPS”) navigation units, telephones, including cellular and portable phones, and stereos. “Used Electronics” or a “Used Electronic Device” shall not mean a computer, television or video display device that is:
a.A part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle; or
b.Functionally or physically a part of, connected to or integrated within a larger piece of equipment designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, (including diagnostic, monitoring, or other medical products as that term is defined under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Parts 351-360) or equipment used for security, sensing, monitoring, or anti-terrorism purposes; or
c.Contained within a home appliance, clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or
d.A handheld device used to access commercial mobile radio service, as such service is defined in 47 C.F.R. § 20.3.
111."Used oil" means oil that has been refined from crude oil (in whole or in part), or any synthetic oil that, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties. Used oil is a free-flowing liquid at standard temperature and pressure. Used oil shall include, but not be limited to, lubricating oils and greases, engine oils, metal working fluids, emulsive coolants, hydraulic fluids, refrigeration oils, electrical insulating oils, silicon oils and wire drawing oils. Used oil does not include materials derived from crude or synthetic oils that are used as fuels (e.g., gasoline, jet fuel and diesel fuel) or used as cleaning agents or solvents (e.g., mineral spirits), that are subject to the waste characterization requirements under the § 1.7.3 (Hazardous Waste Determination) of this Part and may be subject to additional parts of these rules if the materials meet the definition of Hazardous Waste.
112."Used oil aggregation point" means any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point.
113."Used oil burner" means an owner or operator of a facility where used oil is burned for the purpose of energy recovery in used oil burning equipment.
114."Used oil burning equipment" means fuel burning equipment, including but not limited to, any space heater, industrial furnace or boiler that is used to burn used oil for the purpose of energy recovery.
115."Used oil collection centers" means any facility or site that accepts/aggregates and stores used oil collected from household used oil generators.
116."Used oil fuel" means used oil that meets the specifications contained in Table 3 in § 1.16.3(A)(6) of this Part and is burned for energy recovery.
117."Used oil generator" means any person, by site, whose act or process produces used oil that is not a "household used oil" or whose act first causes used oil to become subject to regulation.
118."Used oil marketer" means any person who directs a shipment of specification used oil from their facility to a used oil burner or first claims that a shipment of used oil meets Specification Used Oil Requirements set forth in Table 3 of § 1.16.3(A)(6) of this Part.
119."Used oil processor" or "re-refiner" means a facility that conducts processing of used oil as defined in these rules.
120."Used oil temporary storage facility" means any transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of used oil are held for more than 24 hours but not longer than 35 days during the normal course of transportation. Temporary storage facilities that store used oil for more than 35 days are subject to the used oil processor/re-refiner requirements of § 1.16.8 of this Part.
121."Used oil transporter" means any person, excluding household used oil generators, who transports used oil, any person who collects used oil from one or more generators and transports the collected oil, and owners and operators of used oil temporary storage facilities.
122."Vehicle" means any car, truck, tractor, or other device used in transportation including any trailer, tank or other type of containment structure permanently or temporarily attached thereto.
123."Washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding.
124."Waste" means solid waste as defined in 40 C.F.R. § 261.2.
125."Waste pile" means any non-containerized accumulation of solid, non-flowing hazardous waste that is used for treatment or storage.
126."Wastewater treatment unit" means a device that:
a.Is part of a wastewater treatment facility has received a permit for wastewater discharge from the local Publicly Owned Treatment Works or the RIDEM and;
b.Receives and treats or stores an influent wastewater that is a hazardous waste, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste, or treats or stores a wastewater treatment sludge which is a hazardous waste and;
c.Meets the definition of tank or tank system; and
d.Is not a wastewater evaporation unit.
127."Wetlands" means marshes, swamps, bogs, ponds, rivers, river and stream flood plains and banks; areas subject to flooding or storm flowage, emergent and submergent plant communities in any body of fresh water including rivers and streams and that area of land within fifty feet (50') of the edge of any bog, marsh, swamp or pond.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.6** Variances {#sec-250-ricr-140-10-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.6}
1.6.1Applications:
An applicant may apply to the Director for a variance from any of these Rules and Regulations. The Director then may require the submission of any survey data, drawings, soil borings and tests, calculations, scientific tests, data or other information he deems necessary to evaluate such application.
1.6.2Non-Permit Variances:
A.The Director may upon application issue a variance under this rule when compliance with these Rules and Regulations would, in the Director's judgment, and upon presentation by the applicant of adequate proof, cause unreasonable or undue hardship, provided the applicant can also present adequate proof that the issuance of a variance:
1.Will provide protection of health and the environment equivalent to that provided by these rules,
2.Will not endanger the public health and safety,
3.Will not create a public or private nuisance,
4.Will not significantly interfere with the public use and enjoyment of any recreational resource,
5.Will not cause pollution in any surface body of water or any groundwater, or cause contamination of any drinking water supply or tributary thereto,
6.Will not violate any provisions of any Rules or Regulations adopted pursuant to R.I. Gen. Laws Chapter 23-23, as amended,
7.Will not be less stringent than 40 C.F.R. § 262.34(b).
B.The issuance or denial of a variance shall be preceded by public notice and opportunity for public comment. In no case shall the duration of any such variance exceed five (5) years. Renewals or extensions may be given only after public notice and opportunity for public comment on each such renewal or extension.
1.6.3Permit Variances:
In addition to the requirements of § 1.6.2 of this Part, the Director or his designee shall hold a public hearing prior to rendering a decision on any application. Prior to the hearing, the Director shall issue public notice on the radio and in a newspaper of general circulation in the area affected and shall notify by certified mail to the last known address: all persons requesting in writing such notification, all property owners within five hundred (500) feet of the perimeter of the site of the applicant's facility, the city or town where the facility is located, and the applicant of the hearing date, time, and place. Such notices shall be made at least sixty (60) days prior to the date of the public hearing. Permit variances shall not be granted for a period to exceed one (1) year.
1.6.4Department's Evidence:
The Department through its authorized agents may present evidence to the Director or his designee relative to any application.
1.6.5Remonstrant:
Remonstrants who have been notified, as required by this rule, may present evidence to the Director or his designee relative to any application.
1.6.6Decision:
The Director or his designee may grant or deny the variance after hearing provided, however, that such variance may be subject to such terms and conditions as the Director or his designee may deem necessary to protect the public health and safety and the environment.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.7** Generators {#sec-250-ricr-140-10-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.7}
1.7.1Purpose, Scope and Applicability
A.§ 1.7 of this Part shall apply to all generators of hazardous waste which are defined in § 1.5 of this Part as either a Large Quantity Generator (LQG), Small Quantity Generator (SQG), or Conditionally Exempt Small Quantity Generator (CESQG). §§ 1.7.1 through 1.7.11 of this Part apply to all generators; in addition, § 1.7.12 of this Part applies to LQGs; § 1.7.13 of this Part applies to SQGs, and § 1.7.14 of this Part applies to CESQGs.
B.Additional operations subject to generator rules:
1.Any generator or person that conducts one or more of the following activities shall comply with the requirements for Large Quantity Generators of hazardous waste contained in this rule:
a.Hazardous Waste Management Facilities that initiates a shipment of hazardous waste from a treatment, storage, or disposal facility.
b.Community Collection Centers permitted in accordance with § 1.12 of this Part.
c.Household Hazardous Waste Facilities as defined in § 1.5 of this Part.
C.Exemptions:
1.These rules do not apply to household hazardous waste generated by non-business activities at single and/or multiple family residences, subject to the household hazardous waste exemption in 40 C.F.R. § 261.4(b)(1). However, owners and/or operators of facilities that accept household hazardous waste, other than household hazardous waste pharmaceuticals, shall comply with the requirements for Large Quantity Generators in this rule and upon receipt the household hazardous waste shall be subject to full regulation as hazardous waste.
2.Household Hazardous Waste Pharmaceuticals accepted for destruction as consumer take-back programs, in accordance with the Department of Health and US Drug Enforcement Administration regulations are not subject to these regulations.
3.These rules do not apply to persons responding to an explosives or munitions emergency in accordance with 40 C.F.R. §§ 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) or (iv) and 270.1(c)(3)(i)(D) or (iii).
4.These rules do not apply to the handling of solvent contaminated wipes that are cleaned and reused as described in the 2017 modification of 40 C.F.R. § 261.4(a)(26) (the federal exemption for disposal of solvent contaminated wipes is not recognized as explained in § 1.7.1(E)(1)(d) of this Part.
5.Treatment of certain hazardous waste: Treating hazardous waste without a permit or license is allowed if it falls into one of the categories below:
a.Is authorized as part of RCRA corrective action as described in § 1.17 of this Part (i.e. a written approval for a RAP, CAMU, TU or Staging Pile has been issued by the Department).
b.Is performing treatment in wastewater treatment units.
c.Is performing treatment in elementary neutralization units described in §§ 1.9(B)(1)(g) and 1.10.2(A)(5) of this Part.
d.Is treating the waste in a totally enclosed treatment unit.
e.Is treating the waste in evaporation units, as defined in § 1.5 of this Part, provided the generator complies with all the following conditions:
(1)Does not use the unit to dispose of hazardous waste
(2)The unit is being used to legitimately treat only wastewater, as defined at 47 Fed. Reg. 4706 (Feb. 2, 1982) (note: Concentrated hazardous wastes are not covered by this exemption.)
(3)Does not manage waste with the waste codes D001 or D003 in the unit.
(4)All hazardous waste sludge is managed, before, during and after use of the evaporator unit, as a hazardous waste in accordance with this rule.
(5)Incoming quantities of hazardous waste managed in evaporator units is included in the calculation of generator status (i.e. Large Quantity Generator vs. Small Quantity Generator vs. Conditionally Exempt Small Quantity Generator).
(6)Has notified the Department on a form specified by the Department and received the Department’s authorization in writing to conduct this activity.
(7)Ensures that treatment in the evaporation unit shall result in the concentration of hazardous waste constituents for proper recycling or disposal, and not allow evaporation of significant amounts of hazardous waste constituents into the air. Air emissions of hazardous constituents shall also be controlled through compliance with all applicable air emission control requirements of the federal Clean Air Act and the Department’s Air Pollution Control Regulations (Chapter 120 Subchapter 05 of this Title). This shall include completion of a RIDEM Office of Air Resources Evaporator Information Form before commencing operation of the unit. Each operator of an evaporator unit shall develop a written plan and keep it on site and available for inspection during operation of the evaporator and for three years thereafter, documenting such compliance and showing (based on testing or knowledge of the waste) that the unit is being used to legitimately concentrate wastes and is not resulting in the evaporation of significant amounts of hazardous waste constituents into the air. Operators of evaporator units who are large quantity generators must also comply with the air emission control requirements in 40 C.F.R. Part 265, subparts AA, BB and CC as applicable. These regulations are hereby adopted by reference and made applicable to evaporator units at large quantity generators in Rhode Island. For all other entities in Rhode Island, these regulations are not being adopted by reference by the State, but rather will continue to be administered by the U.S. EPA.
(8)Ensures operation and placement of the unit does not:
(AA)Result in the generation of extreme heat or pressure, fire or explosion; or
(BB)Violent reaction;
(CC)Produce uncontrolled toxic mists, fumes, or gases in sufficient quantities;
(DD)Threaten human health;
(EE)Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosion; or Damage the structural integrity of the unit, or cause the unit or any of its ancillary equipment to rupture, leak, abnormally corrode, or otherwise fail before the end of its intended life.
f.Is treating the waste in tanks or containers under the following conditions:
(1)The generator provides written notification to the Department that includes the facility name, EPA identification number, generator status, mailing address, street address, telephone number, and contact person; A detailed description of the treatment process(es) to be used including process design drawings, plans or process flow diagrams; An estimate of the frequency that treatment will occur; The type(s) and estimated quantity of hazardous waste to be treated including a detailed description of the process(es) generating the waste; and A detailed description of how all treatment products and by-products will be managed following treatment.
(2)A revised written notification is provided to the Department if the information required above if this section changes significantly.
(3)The treatment occurs in containers and tanks that comply with the requirements of §§ 1.7.12, 1.7.13 and 1.7.14 of this Part as appropriate.
(4)The treatment does not violate the applicable requirements of subparts AA, BB, and CC of 40 C.F.R. Part 265 (as administered by EPA).
(5)The hazardous waste being treated is generated and treated on-site.
(6)During treatment and during any storage prior to treatment, hazardous waste is: Counted for the purpose of determining generator status under § 1.7.6 of this Part; and Managed in accordance with the applicable requirements of § 1.7 of this Part.
(7)The generator determines if treatment by-products are hazardous waste in accordance with § 1.7.3 of this Part.
(8)The generator maintains records for three years documenting: The type(s) and quantity of waste treated; The method(s) of treatment used; and the date(s) that treatment occurred.
(9)All hazardous waste generated from the treatment is managed in accordance with the applicable standards of § 1.7 of this Part.
(10)If a generator is managing and treating waste or contaminated soil in tanks or containers to meet Land Disposal Restriction treatment standards found at 40 C.F.R. § 268.40, the generator develops and follows a written waste analysis plan in accordance with the requirements of 40 C.F.R. § 268.7(a)(5) (as administered by EPA).
(11)The generator does not treat hazardous waste using thermal treatment processes.
(12)The generator does not treat, break or shred mercury-containing wastes or devices (e.g., fluorescent lamps, thermostats).
(13)The generator does not engage in breaking or shredding of CRT’s as prohibited by §§ 1.14.5(A)(8) and 1.14.5(A)(12) of this Part.
(14)Treatment does not result in any adverse impact to human health or the environment.
(15)The Department reserves the right, upon receiving written notification of treatment by a generator, to require that treatment-specific requirements be met.
g.The Director has issued a temporary emergency permit in accordance with § 1.9(B) of this Part to a non-permitted facility to allow the treatment, storage or disposal of hazardous waste subject to the requirements of 40 C.F.R. § 270.61.
D.Rhode Island has adopted various other federal exemptions by incorporating 40 C.F.R. Part 261 by reference, to the extent set forth in § 1.5 of this Part, and also by adopting some of the exemptions set forth in the federal regulations referenced by §§ 1.9 and 1.10 of this Part. Both these other parts of these rules and the referenced federal regulations need to be consulted to determine the conditions applicable to any particular exemption.
E.Federal Exemptions Not Adopted
1.Rhode Island has not adopted some of the federal exemptions, as noted in §§ 1.4(C), 1.9 and 1.10 of this Part. In particular, Rhode Island has not adopted exemptions from the hazardous waste rules analogous to the following federal exemptions:
a.Definition of Solid Waste Rule (DSW Rule) Exclusions for Hazardous Secondary Materials in 40 C.F.R. §§ 261.2(a)(2)(i), 261.4(a)(23), 261.4(a)(24) and 261.4(a)(25). Materials subject to these federal exclusions are regulated under the otherwise applicable generator requirements in Rhode Island.
b.CRT exclusions in 40 C.F.R. §§ 261.4(a)(22), 261.39, 261.40, and 261.41. CRTs are regulated as universal wastes in Rhode Island.
c.Manufactured gas plant waste exemption in 40 C.F.R. § 261.24(a). Rhode Island exempts only manufactured gas plant remediation waste that is managed under a Department approval issued in accordance with applicable RIDEM Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Subchapter 30 Part 1 of this Chapter), and that is not land disposed.
d.Disposal of solvent contaminated wipes per 40 C.F.R. § 261.4(b)(18) (2017).
e.CESQG exclusion in 40 C.F.R. § 261.5. CESQGs are instead regulated in accordance with § 1.8 of this Part.
f.Allowance for CESQGs to send hazardous waste to solid waste facilities, in 40 C.F.R. §§ 264.1(g)(1), 265.1(c)(5). This is not allowed in Rhode Island.
g.The farmer exemption for disposal of waste pesticides in 40 C.F.R. §§ 262.70 and 262.10(f). Farmers are regulated under the otherwise applicable generator requirements in Rhode Island.
h.Academic Labs Rule (40 C.F.R. Part 262 Subpart K). Laboratory wastes are regulated under the otherwise applicable generator requirements in Rhode Island.
i.Ocean Disposal Allowance under MPRSA in 40 C.F.R. §§ 264.1(c), 265.1(c)(1), and 270.60(a). This is not allowed in Rhode Island.
j.Injection Well Allowance under UIC in 40 C.F.R. §§ 264.1(d) and 270.1(c)(1)(i). This is not allowed in Rhode Island except when a permit is issued by the Department for a remediation overseen by the Department.
k.The federal wastewater exemption has been limited by Rhode Island to facilities actually discharging to surface waters or the sewers, as further described at 40 C.F.R. §§ 264.1(g)(6) and 270.1(c)(2)(v). Hazardous waste evaporators at generators are not allowed under this exemption but rather must meet the conditions specified in § 1.7.2(A)(4) of this Part.
1.7.2Prohibitions
A.Generators of hazardous waste are prohibited from conducting the following activities:
1.Disposing of or shipping hazardous waste on or to any location that does not meet the definition of a Designated Facility with the exception that CESQGs may also ship certain wastes to:
a.A Community Collection Center permitted by the Department or,
b.A Paint Collection Center (paint waste only).
2.Shipping hazardous waste off-site for treatment or disposal or recycling without first completing a manifest approved by EPA as required in § 1.7 of this Part unless otherwise authorized in these Regulations.
3.Receiving hazardous waste from off-site without first obtaining a permit, unless the activity is otherwise exempted by these regulations (e.g., for Community Collection Centers or Paint Collection Centers).
4.Treating hazardous waste without a permit or license unless the treatment falls into one of the categories in § 1.7.1(C)(5) of this Part.
1.7.3Hazardous Waste Determination
Any person who generates a solid waste shall determine if the waste is a hazardous waste using the following method. The Generator shall first determine if the waste meets definition of a hazardous waste in § 1.5 of this Part. In accordance with the requirements of 40 C.F.R. § 261.4, as modified in § 1.5(C) of this Part, the Generator may then determine if the waste meets any of the exemptions or exclusions contained in that section. If the waste does not meet any of the federal definitions of hazardous waste, the generator shall then determine if any of the Rhode Island hazardous waste types apply, as defined by § 1.5 of this Part. Analytical testing may be employed by the generator to determine if a solid waste is hazardous waste and shall be determined by an approved method as set forth in 40 C.F.R. Part 261 Subpart C. Equivalent testing methods per 40 C.F.R. § 260.21 are not allowed. Generators may also determine the regulatory status of the waste through product knowledge by demonstrating in writing clear and convincing scientific evidence of the characteristics of the waste and the process(es) that generated the waste. Regardless of any advisory opinions or statements from any laboratory or government agency, it remains the generator's responsibility to properly characterize his/her wastes. If the waste is determined to be hazardous, the generator shall refer to 40 C.F.R. §§ 261, 264 – 266, and 273 as incorporated by reference at §§ 1.4(B), (C), (E), (F), (G) and (I) of this Part and 40 C.F.R. Part 268 (as administered by the EPA) for possible exclusions or restrictions pertaining to the management of the specific waste.
1.7.4Generator Notification and Identification
A.All Generators, including CESQG’s, shall notify the Department of their hazardous waste activity by applying for and obtaining an EPA Identification Number for his/her site using the RCRA Subtitle C & RI Hazardous Waste Management Act Activity Notification Form provided by the Department. However, CESQG’s do not need to obtain an EPA Identification number in order to drop off paint at either a Community Collection Center or a Paint Collection Center.
B.Generators shall not store or offer hazardous waste for shipment without first obtaining an EPA Identification Number and shall notify the Department in the event of a change of his/her status (LQG, SQG, CESQG, Non-generator) and/or a change in the nature of the hazardous waste generation activity. Only one EPA Identification Number will be issued for an individual generation site and the generator shall use the assigned EPA Identification Number exclusively for shipments of hazardous waste from the site. At the discretion of the Department, either a permanent or temporary EPA Identification Number will be issued to the generator. Temporary EPA Identification Numbers shall be valid for a period of time not to exceed ninety (90) days from the date of issuance.
1.7.5Hazardous Waste Generation Fee
A.Each generator of hazardous waste shall pay a Hazardous Waste Generation Fee of 2.3 cents per pound or 19 cents per gallon of waste generated. This fee shall apply to all hazardous wastes that are generated in Rhode Island. The fee does not apply to waste treated onsite as allowed in § 1.7.2(A)(4) of this Part. The fee shall be collected by the hazardous waste transporter and in turn shall be paid to the Department as specified in § 1.8.17 of this Part (Hazardous Waste Generation Fee).
B.Non-hazardous Waste and waste bearing Rhode Island Fee Exemption Waste Codes (R011-R016) as defined in § 1.5 of this Part are exempted from the fee.
1.7.6Generator Quantity Determination:
A.When making the quantity determinations used in the LQG, SQG, and CESQG definitions in § 1.5 of this Part, the generator must include all hazardous waste that it generates, except hazardous waste that:
1.Is exempt from regulation under 40 C.F.R. §§ 261.4(c) through (f), 261.6(a)(3), 261.7(a)(1), or 261.8 as modified and incorporated by reference in § 1.4(C) of this Part, or
2.Is managed immediately upon generation only in on-site elementary neutralization units or wastewater treatment units or in a totally enclosed treatment unit as defined in § 1.5 of this Part; or
3.Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under 40 C.F.R. § 261.6(c)(2); or
4.Is used oil managed under the requirements of § 1.16 of this Part; or
5.Is spent lead-acid batteries managed under the requirements of 40 C.F.R. Part 266, subpart G; or
6.Is universal waste managed under § 1.14 of this Part.
B.In determining the quantity of hazardous waste generated, a generator need not include:
1.Hazardous waste when it is removed from on-site storage provided that it has been counted when placed into storage; or
2.Hazardous waste produced by on-site treatment (including reclamation) of his hazardous waste, so long as the hazardous waste that is treated was counted once; or
3.Spent materials that are generated, reclaimed, and subsequently re-used on-site, so long as such spent materials have been counted once.
4.Architectural Paint received by Paint Care Centers.
C.If at any time, or in any given month, the quantity or nature of waste generated or stored causes the generator status of an SQG or CESQG to change (to either LQG or SQG) the generator shall manage the waste as prescribed in the appropriate §§ 1.7.12 and 1.7.13 of this Part. This new standard of management shall include the more stringent provisions and time frames for the increased quantity of waste. The generator shall also notify the Department as required by § 1.7.4 of this Part.
D.If any generator mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation and counts toward the generators status if the resultant mixture meets the definition of hazardous waste.
1.7.7Record Keeping
A.Generators shall maintain the following records on-site as specified below and elsewhere in these rules for a period of at least three (3) years. The retention times for all records are automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Director.
1.A copy of each hazardous waste manifest prepared by the generator for off-site shipment of waste and a copy of the same manifest signed by the designated facility. Records shall be maintained for a period of three (3) years from the date the waste was accepted by the transporter. The generator may maintain paper copies or digital copies so long as the digital copies comply with manifest requirements of 40 C.F.R. § 262.40.
2.Biennial Reports completed by the generator if required for a period of three (3) years from the date the report was due.
3.All analytical test results conducted by the generator related to waste determinations made per § 1.7.3 of this Part for at least three (3) years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.
4.Hazardous waste management training records on former employees shall be kept for at least three years from the date the employee last worked at the facility.
5.Inspection logs of hazardous waste container storage areas or tanks holding hazardous waste.
6.Documentation verifying that tanks holding hazardous waste are emptied every ninety (90) days or in a timely manner as required by the regulations.
7.Notification of intent to export for a period of at least three years from the date the hazardous waste was accepted by the initial transporter.
8.EPA Acknowledgement of Consent to export for a period of at least three years from the date the hazardous waste was accepted by the initial transporter.
9.Confirmation of exported hazardous waste delivery from the consignee for at least three (3) years from the date the hazardous waste was accepted by the initial transporter.
10.Annual export report for a period of at least three (3) years from the due date of the report.
11.A copy of each certificate of recovery sent by the recovery facility to the exporter for at least three (3) years from the date that the recovery facility completed processing the waste shipment.
12.Exception reports required by §§ 1.7.12 (LQG), 1.7.13 (SQG) or 1.7.14 (CESQG) of this Part for non-exported hazardous waste and exported hazardous waste for at least three (3) years from the date the report was filed.
13.Copies of any variances, determinations or permits granted by RIDEM or the U.S.E.P.A.
14.Generators that accumulate in tanks and containers are required to keep records as required by §§ 1.7.13(B) and 1.7.12(D) (LQG), 1.7.13(C) and (D) (SQG) and 1.7.14(C) (CESQG) of this Part as applicable.
15.Generators treating waste in tanks and containers must document: the type(s) and quantity of waste treated; the method(s) of treatment used; and the date(s) that treatment occurred.
16.Each operator of an evaporator unit shall develop a written plan and keep it on site and available for inspection during operation of the evaporator and for three years thereafter.
B.Hazardous waste management training records on current personnel shall be kept until closure of the facility.
1.7.8Satellite Waste Accumulation:
A.Generators may store up to 55 gallons of hazardous waste, or one (1) quart of acutely hazardous waste listed in 40 C.F.R. § 261.33(e) or 40 C.F.R. § 261.30 (d), in containers (satellite accumulation container) at or near any point of generation where the wastes initially accumulate, that is under the control of the operator of the process generating the wastes. The generator may store these wastes in satellite accumulation areas without a storage permit or interim status and without complying with §§ 1.7.9, 1.7.12(B), 1.7.12(C), 1.7.12(G), 1.7.12(J) or 1.7.12(K), 1.7.13(B), (C), (E), (F) or (I), or 1.8.15(B), (C), (E) or (I) of this Part provided that the generator:
1.Labels each satellite accumulation container with the following information:
a.The words “Hazardous Waste”
b.The chemical or common name of the waste.
c.The date the excess amount of hazardous waste began accumulating per § 1.7.8(A)(6) of this Part.
2.Immediately transfers all hazardous wastes from a satellite accumulation container that is in poor condition and is leaking or may leak waste to another satellite accumulation container or a storage container that is in good condition.
3.Stores the hazardous waste in a satellite accumulation container that is made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the satellite accumulation container to contain the waste is not impaired.
4.Keeps the satellite accumulation container holding hazardous waste closed except when actively adding or removing waste.
5.Handles, manages and maintains the satellite accumulation container in a manner that prevents damage to the container that could result in a spill or release of hazardous waste.
6.Within three days of accumulating hazardous waste in excess of the amounts listed in this rule, complies with the applicable requirements for storage and labeling of hazardous waste in containers as required by §§ 1.7.12 through 1.7.14 of this Part. During the three (3) day period the generator shall comply with requirements in §§ 1.7.8(A)(1) through (5) of this Part and mark the container holding the excess hazardous waste with the date upon which the excess amount first began accumulating waste.
7.If satellite containers are in close proximity to each other, then the total quantity of waste stored in these containers collectively cannot exceed 55 gallons.
1.7.9Aisle Space
Adequate aisle space shall be maintained of no less than three (3) feet between rows of containers in all areas of the facility where hazardous waste is stored to allow for access to containers and tanks holding hazardous waste by emergency personnel, fire protection equipment, spill control equipment, decontamination equipment and for inspection to ensure the tanks and containers are in good condition.
1.7.10Inspections; Right of Entry
A.Pursuant to R.I. Gen. Laws § 23-19.1-12, as amended, the Director may:
1.Enter any hazardous waste management facility, or any place the Director has reason to believe hazardous wastes are generated, stored, treated, or disposed of;
2.Inspect vehicles that the Director has reasonable grounds to believe are being used for the transportation of hazardous wastes;
3.Inspect and obtain samples of any waste or other substances, labels, containers of waste or other substance, or samples from any vehicle in which hazardous wastes are transported or in which the Director has reason to believe hazardous wastes are transported;
4.Inspect and copy records, reports, information, or test results kept or maintained by a generator or at a hazardous waste management facility.
1.7.11Pre-Transport Requirements
A.Before transporting hazardous waste off-site or offering hazardous waste for transportation off-site, generators shall:
1.Package, label and mark each storage unit for offsite shipment in compliance with U.S.D.O.T. requirements under 49 C.F.R. Parts 172, 173, 178 and 179. Place a hazardous waste label on each container which includes the following information:
a.The words “Hazardous Waste – Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency”.
b.Generator’s name, address, city, state, zip code and telephone number
c.Generator’s EPA identification number
d.Proper D.O.T Shipping Name
e.Hazardous Properties/Description
f.EPA waste codes
g.State waste code (if applicable)
h.Manifest document number
2.Placard or offer the initial transporter appropriate placards according to U.S.D.O.T.’s hazardous materials regulations at 49 C.F.R. Part 172, Subpart F.
1.7.12Large Quantity Generators (LQGs) - Waste Management Requirements
A.The following requirements apply to Large Quantity Generators as defined in § 1.5 of this Part.
B.Hazardous Waste Storage:
1.A LQG may store hazardous waste on-site for a period not to exceed ninety (90) days, excluding wastewater treatment sludges as described below and hazardous waste in satellite accumulation, without first obtaining a storage permit as required by Hazardous Waste § 1.9 of this Part, provided that he/she manages the hazardous waste in accordance with the provisions of this Part. In addition, such a generator is exempt from all the requirements in subparts G and H of 40 C.F.R. Part 265, except for closure requirements of 40 C.F.R. §§ 265.111 and 265.114. An LQG who stores hazardous waste (except for F006 waste) for more than 90 days is an operator of a storage facility and is subject to the § 1.10 of this Part operational requirements for treatment, storage, and disposal facilities requirements, 40 C.F.R. Part 264, and the permit requirements of § 1.9 of this Part.
2.Wastewater treatment sludges from electroplating operations that meet the listing description for the RCRA hazardous waste code F006, may be accumulated on-site for more than 90 days, but not more than 180 days without a permit or without having interim status provided that:
a.The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants or contaminants entering the F006 waste or otherwise released to the environment prior to its recycling;
b.The F006 waste is legitimately recycled through metals recovery (i.e., on-site or off-site recovery of distinct metal component(s) from the electroplating sludge, as separate end product(s));
c.No more than 20,000 kilograms (44,000 pounds) of F006 waste is accumulated on-site at any one time and
d.The F006 waste is managed in accordance with the following:
(1)The F006 waste is placed:
(AA)In containers that comply with § 1.9.13(C) of this Part and the generator complies with the applicable requirements of subparts AA, BB, and CC of 40 C.F.R. Part 265 (as administered by EPA); and/or
(BB)In tanks that comply with § 1.9.13(D) of this Part and the generator complies with the applicable requirements of subparts AA, BB, and CC of 40 C.F.R. Part 265 (as administered by EPA);and/or
(CC)In containment buildings and the generator complies with § 1.9.13(E) of this Part, and has placed its professional engineer certification that the building complies with the design standards specified in 40 C.F.R. § 265.1101 in the facility’s operating record prior to operation of the unit. The owner or operator shall maintain the following records at the facility:
(i)A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit, and documentation that the generator is complying with the procedures; or
(ii)Documentation that the unit is emptied at least once every 180 days.
(2)The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;
(3)While being accumulated on-site, each container and tank is labeled or marked clearly with the words, “Hazardous Waste” and complies with labeling requirements in § 1.9.13(G) of this Part; and
(4)The generator complies with the requirements in §§ 1.7.12(H), 1.7.12(I), 1.7.12(J), 1.8.10 of this Part and the Land Disposal Restriction requirement of 40 C.F.R. § 268.7(a)(5) as administered by EPA.
C.Hazardous Waste Accumulation in Containers:
1.Hazardous waste may be stored in containers provided that the LQG:
a.Marks the side of all containers holding hazardous waste with the date upon which the waste first began to accumulate (accumulation start date).
b.Keeps all containers holding hazardous waste closed except when it is necessary to add or remove waste.
c.Opens, handles and stores containers holding hazardous waste in a manner that does not, or is not likely to, cause a spill or release of hazardous waste.
d.Immediately transfers hazardous waste from any and all containers that are not in good condition as a result of physical or chemical forces that have reduced the containers structural integrity, or if they begin to leak, to a container(s) that is in good condition and compatible with the hazardous waste being transferred.
e.Stores all containers holding ignitable or reactive hazardous waste in an area that is at least fifty (50) feet from any property boundary lines.
f.Takes precautions to prevent accidental ignition or reaction of ignitable or reactive waste. These wastes must be separated and protected from sources of ignition, incompatible materials and heat. While ignitable or reactive waste is being handled, the generator must confine smoking and open flame to specifically designated locations. “No smoking” signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
g.Uses containers constructed of, or lined with, a material that is chemically compatible with the hazardous waste placed into the containers, so that the ability of the container to hold the waste is not impaired.
h.Does not place incompatible wastes in the same container unless the mixing is accomplished so that it does not generate extreme heat or pressure, does not initiate a fire, explosion or violent reaction and does not produce uncontrolled toxic mists, fumes, dust or gases, and does not damage the structural integrity of the container and does not threaten human health or the environment through like means.
i.Conducts inspections on a weekly basis of all containers holding hazardous waste for signs of deterioration and/or corrosion of the containers and for any signs of leaks or releases of hazardous waste. The inspection shall also include a visual examination of all containment systems and devices to ensure that they are free of any cracks, gaps or other imperfections. Generators shall maintain a written record documenting the date of each inspection, the person that conducted the inspection and whether any release was identified, container was replaced or repair needed to containment conditions, and the result of each inspection for a period of at least three (3) years.
j.Stores hazardous wastes that when mixed would result in an unintended reaction or are otherwise not compatible in separate containers designed to contain the subject hazardous wastes. Containers holding hazardous wastes shall be stored in separate locations from incompatible wastes or materials present on-site and isolated by a physical barrier (e.g., a dike, berm, or wall) constructed of or lined with a material that is resistant to the hazardous waste stored in the area.
(1)Does not place hazardous waste in an unwashed container that previously held an incompatible waste or material, unless the conditions in § 1.7.12(C)(1)(h) of this Part are satisfied.
k.Stores containers holding liquid hazardous waste in an area that has a containment system, or otherwise provide a containment device, that has a capacity of no less than 10% of the total volume of all of the containers in storage or the volume of the largest container, whichever is greater. The containment system or device shall be impervious and compatible with the type of waste held in the containers. The generator shall maintain the containment system or device to ensure that it is free of cracks, gaps or other imperfections that would prevent the system from fully containing any and all spilled or released waste.
l.Manages all containers holding hazardous waste in accordance with the applicable requirements of 40 C.F.R. Part 265 Subparts AA, BB and CC (as administered by EPA).
D.Accumulation in Tanks:
1.Large Quantity Generators that store hazardous waste in tanks shall comply with all of the requirements listed below and with the applicable requirements of 40 C.F.R. Part 265 Subparts AA, BB and CC as administered by EPA. All generators storing hazardous waste in underground storage tanks shall also comply with the Rhode Island Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter).
2.Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements for containment and detection of releases in §§ 1.7.12(D)(3)(a) through (e) of this Part except for § 1.7.12(D)(3)(e) of this Part. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test must be used: Method 9095B (Paint Filter Liquids Test) as described in ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,’’ EPA Publication SW–846, as incorporated by reference in 40 C.F.R. § 260.11.
3.Large Quantity Generators storing hazardous waste in tanks shall comply with the following:
a.Tank Certification.
(1)Existing Tanks storing hazardous waste shall have a secondary containment device that meets the requirements of § 1.7.12(D)(3)(e) of this Part [secondary containment]. Existing tanks storing non-hazardous waste only that is subsequently re-designated for hazardous waste, shall have a registered professional engineer conduct an evaluation of the tank system detailed in § 1.7.12(D)(3)(b) of this Part and certify, in accordance with 40 C.F.R. § 270.11(d), the structural integrity of the system. The evaluation shall be provided within twelve (12) months of the waste’s re-designation date and secondary containment shall be provided within two years of the waste’s re-designation date.
(2)New Tanks shall be provided with secondary containment (prior to storing hazardous waste) that meets the requirements of § 1.7.12(D)(3)(e) of this Part and have a registered professional engineer conduct an evaluation of the tank system detailed in § 1.7.12(C)(3) of this Part and certify, in accordance with 40 C.F.R. § 270.11(d), the structural integrity of the system described.
(3)Tank System Evaluation for Existing Tanks. If required, per § 1.7.12(D)(3)(a)((1)) of this Part generators shall have the system evaluated by a registered professional engineer. The engineer shall determine if the tank system has adequate structural integrity (and compatibility with the waste(s) to be stored) to retain the designed volume of waste without causing a rupture, failure or release. In addition, the evaluation shall include a review of the following:
(AA)Characteristics of the hazardous waste to be stored or that has been stored in the tank and the compatibility of the tank system with said waste.
(BB)The age of the tank or date of installation, if known; otherwise an estimate of the tank age.
(CC)Existing corrosion protection measures and the exterior of the tank system shall be inspected looking for any signs or indications of damage, including but not limited to, weld breaks, punctures, scrapes of protective coatings, cracks, pitting, or any other signs of corrosion or deterioration.
(DD)Tank systems shall be tested to ensure that they are not leaking, or will not leak, by either having a qualified professional engineer enter the tank system and conduct an interior inspection, or if the tank is non-enterable by conducting a precision leak test on the tank system.
(EE)The evaluation (and the annual tank system testing, if required) shall be documented in writing and the written report shall be maintained on-site by the generator and shall be made available to Department personnel upon request.
(4)Tank System Evaluation for New Tanks: Prior to placing hazardous waste into a new tank system, generators shall have the system evaluated by a registered professional engineer. The engineer shall determine if the tank system has adequate structural integrity (and compatibility with the waste(s) to be stored) to retain the designed volume of waste without causing a rupture, failure or release. In addition, the evaluation shall include a review of the following:
(AA)Design standards for new tank systems used to construct the tank system and the manufacturer’s specifications.
(BB)Characteristics of the hazardous waste to be stored or that has been stored in the tank and the compatibility of the tank system with said waste.
(CC)The owner or operator of a new tank system must ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Prior to covering, enclosing, or placing a new tank system or component in use, an independent, qualified installation inspector or a qualified Professional Engineer, either of whom is trained and experienced in the proper installation of tank systems, must inspect the system or component for the presence of any of the following items:
(i)Weld breaks;
(ii)Punctures;
(iii)Scrapes of protective coatings;
(iv)Cracks;
(v)Corrosion;
(vi)Other structural damage or inadequate construction or installation. All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.
(DD)For any tank system or components in which the external shell of a metal tank or any external metal component of the tank system is or will be in contact with soil or water, the following corrosion assessment details are required: Factors affecting the potential for corrosion, including but not limited to: soil moisture content, soil pH, soil sulfides level, soil resistivity, structure to soil potential, Influence of nearby underground metal structures (e.g., piping), stray electric current and Existing corrosion-protection measures (e.g., coating, cathodic protection), and the type and degree of external corrosion protection that are needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of one or more of the following:
(i)Corrosion-resistant materials of construction such as special alloys or fiberglass-reinforced plastic;
(ii)Corrosion-resistant coating (such as epoxy or fiberglass) with cathodic protection (e.g., impressed current or sacrificial anodes); and
(iii)Electrical isolation devices such as insulating joints and flanges. The practices described in the National Association of Corrosion Engineers (NACE) standard, ‘‘Recommended Practice (RP–02–85)—Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,’’ and the American Petroleum Institute (API) Publication 1632, ‘‘Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems,’’ may be used, where applicable, as guidelines in providing corrosion protection for tank systems.
(EE)The owner or operator must provide the type and degree of corrosion protection necessary, based on the information provided above to ensure the integrity of the tank system during use of the tank system. The installation of a corrosion protection system that is field fabricated must be supervised by an independent corrosion expert to ensure proper installation.
(FF)Tank systems shall be tested to ensure that they are not leaking, or will not leak, by either having a qualified professional engineer enter the tank system and conduct an interior inspection, or if the tank is non-enterable by conducting a precision leak test on the tank system.
(GG)For any underground tank system components that are likely to be affected by vehicular traffic, a determination of design or operational measures to protect the tank system from damage and design considerations shall ensure that:
(i)Tank foundations will maintain the load of a full tank;
(ii)Tank systems will be anchored to prevent flotation or dislodgement where the tank system is placed in a saturated zone, or is located within a seismic fault zone;
(iii)Tank systems will withstand the effects of frost heave.
(HH)The evaluation (and the annual tank system testing, if required) shall be documented in writing and the written report shall be maintained on-site by the generator and shall be made available to Department personnel upon request.
(II)All new tanks and ancillary equipment must be tested for tightness prior to being covered, enclosed or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leak(s) in the system must be performed prior to the tank system being covered, enclosed, or placed in use.
(JJ)Ancillary equipment must be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion or contraction.
(KK)The piping system installation procedures described in American Petroleum Institute (API) Publication 1615 (November 1979), ‘‘Installation of Underground Petroleum Storage Systems,’’ or ANSI Standard B31.3, ‘‘Petroleum Refinery System,’’ may be used, where applicable, as guidelines for proper installation of piping systems.
b.Tank systems that are leaking or are deemed unfit for use are subject to § 1.7.12(E)(3)(g)((7)) of this Part. All new tanks systems that have leaks shall be repaired to remedy the leaks prior to covering, enclosing or placing the tank systems into service. Also, any signs of damage to new tank systems must be remedied prior to covering, enclosing or placing them into service as required by § 1.7.12(D)(3)(a)((4))((ii)) of this Part above.
c.New Tank System Installation Tasks.
(1)New tanks systems or components and piping that are placed underground and backfilled, shall use a backfill material that is a non-corrosive, porous, homogeneous substance. The backfill shall be placed completely around the tank and compacted to ensure full and uniform support for the tank and piping.
(2)The type and degree of corrosion protection provided shall be based on the corrosion assessment details of 40 C.F.R. § 265.192(a)(3). Installation of the field fabricated corrosion protection system shall be supervised by an independent corrosion expert.
d.New Tank System Documentation: written statements required to be stored on-site include the § 1.7.12(D)(3)(a)((2)) of this Part certification statement and statements by persons required to certify the design of the tank system and who supervise the installation of the tank system, attesting that the tank system was properly designed and installed and that any tank system repairs, if needed, per § 1.7.12(D)(3)(c) of this Part, were performed.
e.Secondary Containment for Tank Systems. Large Quantity Generators shall design and install secondary containment systems in such a manner as to prevent a spill or release of hazardous waste from the system into the environment or into the facility. The containment shall be capable of collecting and containing one hundred percent (100%) of the volume of the design capacity of the largest tank and shall be designed or capable of being operated to drain and remove accumulated waste within 24 hours or as allowed by the Department, based on environmental safety factors. Tank systems, including sumps, as defined in 40 C.F.R. § 260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from these requirements. The secondary containment system shall also be (or satisfy the following):
(1)Constructed of or lined with materials that are compatible with the hazardous waste stored in the tank system so that the hazardous waste would not be capable of physically or chemically damaging or compromising the integrity of the containment system. The containment system shall be constructed of materials of sufficient thickness and strength to withstand the pressure generated by holding the designed volume of the hazardous waste.
(2)Built on a foundation or floor that is free of cracks or gaps, is sealed or coated with a liquid tight compound (epoxy or resin) and capable of withstanding movement caused by settling, uplifting or compression of the underlying soils.
(3)Provided with a leak detection system that is capable of detecting, within 24 hours (unless the generator can demonstrate that the condition or current technologies will not allow detection within 24 hours), any release of hazardous waste or accumulation of other liquid from the secondary containment. This leak detection system shall be tested by the generator on an annual basis to ensure that it remains in an operational state.
(4)Aboveground tanks that are located outdoors shall have a secondary containment system that is designed or operated to drain off and remove accumulated precipitation to prevent it from reducing the storage capacity of the containment system. The design capacity of the containment system shall be an amount greater than or equal to one hundred percent (100%) of the volume of the aboveground tank system and a volume equivalent to the amount of precipitation generated by a 25-year, 24-hour storm. Prior to releasing or discharging any accumulated precipitation the generator shall visually inspect the accumulated liquid and storage tanks looking for signs of a release of hazardous waste. In the event that visual evidence of a release is observed the generator shall collect a sample of the accumulated liquid and have it analyzed to determine if it meets the definition of hazardous waste. Generators shall manage the accumulated precipitation in accordance with all applicable Federal, State and local regulations pertaining to the discharge of stormwater.
(5)The containment system shall meet all of the standards listed above and consist of one of the following designs unless prior approval is obtained from the Director for the use of an alternate system;
(AA)External liner system: An external liner system shall be designed to completely surround the tank and to cover the entire surrounding ground surface that is likely to come into contact with the waste if a spill or release occurs and be free of cracks and gaps.
(BB)Vault systems must be:
(i)Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;
(ii)Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25-year, 24-hour rainfall event;
(iii)Constructed with chemical-resistant water stops in place at all joints (if any);
(iv)Provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete;
(v)Provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being stored or treated meets the definition of ignitable waste under 40 C.F.R. § 261.21, or meets the definition of reactive waste under 40 C.F.R § 261.23 and may form an ignitable or explosive vapor; and
(vi)Provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.
(6)Double walled systems shall be comprised of an inner tank inside an outer shell constructed of, or lined with, a corrosion resistant material that is compatible with the waste. The system shall also have a built-in continuous leak detection system (such as an interstitial monitor) capable of detecting a release within twenty-four (24) hours, unless the generator can demonstrate that site conditions or current technologies will not allow for detection within that time period.
(7)Ancillary equipment shall be provided with full secondary containment (e.g., trench, jacketing, double-walled piping) that meets the secondary containment requirements in § 1.7.12(D)(3)(e) of this Part above except for:
(AA)Aboveground piping (exclusive of flanges, joints, valves, and connections) that are visually inspected for leaks on a daily basis;
(BB)Welded flanges, welded joints, and welded connections that are visually inspected for leaks on a daily basis;
(CC)Sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis; and
(DD)Pressurized aboveground piping systems with automatic shut-off devices (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.
(8)Tanks, sumps and other collection devices used in conjunction with drip pads, as defined in 40 C.F.R. § 260.10 and regulated in § 1.7.12(F) of this Part [Drip Pads] must meet the requirements of these rules.
f.Daily inspection: Generators shall inspect tank systems holding hazardous waste once each operating day (except as provided in item f below) and shall maintain a written record of each inspection. The inspection shall include at least the following:
(1)Overfill/spill control equipment (e.g., waste feed cutoff systems, bypass systems and drainage systems) to ensure they are in working order.
(2)Visual inspection of the aboveground sections of a tank for signs of corrosion or release of waste.
(3)The construction materials and area immediately surrounding the tank system, including the secondary containment system, looking for signs of corrosion and for signs of a release of hazardous waste.
(4)Data gathered from any and all monitoring and leak detection equipment that is part of the tank system to ensure that it is operating properly.
(5)Ancillary equipment, as described in §§ 1.7.12(C)(3)(f)((1)) through ((4)) of this Part above that is not provided with secondary containment.
(6)If cathodic protection systems are present, the owner or operator must inspect them, according to, at a minimum, the following schedule to ensure that they are functioning properly:
(AA)The proper operation of the cathodic protection system must be confirmed within six months after initial installation, and annually thereafter; and
(BB)All sources of impressed current must be inspected and/or tested, as appropriate, at least bimonthly (i.e., every other month).
(7)The practices described in the National Association of Corrosion Engineers (NACE) standard, ‘‘Recommended Practice (RP–02–85)—Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,’’ and the American Petroleum Institute (API) Publication 1632, ‘‘Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems,’’ may be used, where applicable, as guidelines in maintaining and inspecting cathodic protection systems.
g.Generators that store hazardous waste in tanks shall comply with the following requirements:
(1)Waste Accumulation: Hazardous Waste shall be stored in tanks for a period of time not to exceed ninety (90) days from the date the waste was first placed into the tank.
(2)Accumulation Start Date: Generators shall either mark the side of a tank holding hazardous waste with the date the waste first began to accumulate, or maintain a written log that records the date that hazardous waste was first placed into or removed from the tank.
(3)Construction: Hazardous waste shall be placed into a tank system that is constructed of, or lined with, material that is compatible with the hazardous waste.
(4)Spill Prevention: Appropriate controls and procedures shall be used to prevent spills and overflows from the tank system or secondary containment device. These shall include at least the following:
(AA)Spill prevention controls (e.g., check valves);
(BB)Overfill controls (e.g., level sensing alarms, high level alarms, automatic waste feed cutoff systems, or by-pass to standby tank);
(CC)Maintenance of sufficient freeboard (at least 2 feet) in uncovered tanks to prevent overtopping by wind or wave action or by precipitation.
(5)Inappropriate Wastes and Incompatible Wastes: Hazardous wastes or treatment reagents shall not be placed in a tank system if they could cause the tank, its auxiliary equipment, or the secondary containment system to rupture, lead, corrode, or otherwise fail. Incompatible hazardous wastes, or incompatible wastes and materials shall not be placed into the same tank system if the wastes have the potential to cause the tank to leak or otherwise damage the tank system and unless the generator complies with 40 C.F.R. § 265.17(b) requirements. Hazardous waste shall not be placed in an unwashed tank which previously held an incompatible waste or material, unless the generator complies with 40 C.F.R. § 265.17(b).
(6)Ignitable or Reactive Wastes
(AA)Ignitable or reactive wastes shall not be placed into a tank system unless the generator complies with the requirements in 40 C.F.R. § 265.17(b) and;
(i)Treats, renders or mixes the hazardous waste so that the waste is no longer ignitable or reactive; or
(ii)The waste is stored or handled in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or
(iii)The tank system is used solely for emergency storage.
(BB)Generators storing ignitable or reactive wastes in tanks shall also locate the tanks on the site away from the public ways or property boundaries in compliance with the buffer zone requirements in Tables 2-1 – 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code” (1977 or 1981) as per 40 C.F.R. § 260.11(d).
(7)Tank Failure or Leaking Tank: A tank system that fails or leaks waste shall immediately be removed from service. Additionally, the generator shall meet the following requirements:
(AA)Immediately stop the flow of waste to the tank system or to the secondary containment, inspect the tank system to determine the source of the release, and complete repairs, as required below before allowing further use.
(i)If the cause of the release was a spill that has not damaged the integrity of the system, the owner/operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.
(ii)If the cause of the release was a leak from the primary tank system into the secondary containment system, the system must be repaired prior to returning the tank system to service.
(iii)Major repairs require PE certification of tank re-usability. If the owner/operator has repaired a tank system in accordance with requirements of §§ 1.7.12(D)(3)(g)((1))((AA)), ((BB)) and ((DD)) of this Part, and the repair has been extensive (e.g., installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system must not be returned to service unless the owner/operator has obtained a certification by a qualified Professional Engineer in accordance with 40 C.F.R. § 270.11(d) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification is to be placed in the operating record and maintained until closure of the facility.
(BB)Remove all waste from the tank system within 24 hours of the discovery of the release and manage said waste in accordance with these regulations.
(CC)If waste was released to the secondary containment system, the generator shall remove all accumulated hazardous waste from the secondary containment device within 24 hours and manage said waste in accordance with these regulations.
(DD)Comply with all requirements relating to release reporting and mitigation from tanks, as required by 40 C.F.R. § 265.196(d).
(EE)Prevent further migration of any leaks or spills to soils or surface water, if applicable, and remove and properly dispose of any visible contamination of soil or surface water, if applicable.
(FF)If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner/operator must provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements for containment and detection of leaks in §§ 1.7.12(D)(3)(g)((7))((AA))((iii)) of this Part before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component must be repaired and may be returned to service without secondary containment as long as the requirements of § 1.7.12(D)(3)(g)((1))((CC)) of this Part above are satisfied. If a component is replaced to comply with these requirements, that component must satisfy the requirements for new tank systems or components in §§ 1.7.12(D)(3)(a)(AA) through (BB) of this Part. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component must be provided with secondary containment in accordance with § 1.7.12(D)(3)(e) of this Part prior to being returned to use.
(GG)Unless the owner or operator satisfies the requirements of §§ 1.7.12(E)(3)(g)((7))((AA))((i)), ((ii)) and 1.7.12(E)(3)(g)((7))((FF)) of this Part, the tank system must be closed in accordance with § 1.7.12(E)(3)(g)((8)) of this Part below (Closure and Post Closure Care Actions).
(8)Closure and Post-Closure Care Actions: At closure of a tank system, LQGs must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste (if they meet the definition of such in § 1.5 of this Part). If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required, then the owner or operator must close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (40 C.F.R. § 265.310). In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill and the closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems must meet all of the requirements of 40 C.F.R. Part 265 Subparts G and H.
E.Containment Buildings:
1.LQGs that store hazardous waste in containment buildings shall comply with the requirements of 40 C.F.R. Part 265 subpart DD, including 40 C.F.R. § 265.1102, and the requirements of 40 C.F.R. §§ 265.111 and 265.114. The LQG shall obtain a certification from a professional engineer that the containment building complies with the design standards specified in 40 C.F.R. § 265.1101 prior to operation of the unit and shall maintain the following records at the facility:
a.A copy of the professional engineer’s certification of the generator’s compliance with the design standards in 40 C.F.R. § 265.1101.
b.A written description of procedures to ensure that the hazardous waste remains in the containment building for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 90-day storage limit, and documentation that the generator is complying with the procedures; or
c.Documentation that the containment building is emptied at least once every 90 days.
F.Drip Pads:
1.LQGs may store waste on drip pads provided that the generator complies with all of the requirements of 40 C.F.R. Part 265 Subpart W and maintains the following records at the facility:
a.A written description of procedures that the generator shall follow to ensure that all hazardous wastes are removed from the drip pad and associated collection system at least once every 90 days; and
b.Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.
G.Labeling:
1.Each accumulation container holding hazardous waste shall be labeled with the following information:
a.The words “Hazardous Waste."
b.The chemical or common name of the waste.
c.Name, address and EPA Identification Number of the generating facility.
2.Each tank holding hazardous waste shall be labeled with the following information:
a.The words “Hazardous Waste."
b.The chemical or common name of the waste.
3.Each satellite accumulation container shall be labeled as required by § 1.7.8 of this Part.
H.Notification and Cleanup of Spills or Releases:
1.In the event of a spill or release of hazardous waste or material that presents any risk of injury to health or the environment, the generator or any other person having knowledge of the spill or release shall immediately notify the Department (daytime- 401-222-1360, 24 hours- 401-222-3070) and provide all requested information dealing with such a spill or release.
2.The generator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within fifteen (15) days after the incident, he/she must submit a written report on the incident to the Department. The report must include:
a.Name, address, and telephone number of the owner or operator;
b.Name, address, and telephone number of the facility;
c.Date, time, and type of incident (e.g., fire, explosion);
d.Name and quantity of material(s) involved;
e.The extent of injuries, if any;
f.An assessment of actual or potential hazards to human health or the environment, where this is applicable; and
g.Estimated quantity and disposition of recovered material that resulted from the incident.
3.In accordance with the requirements of 40 C.F.R. § 265.56(b) through (h), the generator shall immediately take steps to prevent, contain and/or clean up the spill or release of hazardous waste or hazardous material and also remove and properly dispose of any materials contaminated by the spill or release, such as contaminated soil or surface water.
I.Spill Prevention, Response Equipment and Arrangements with Local Authorities:
1.LQGs shall maintain and operate their facilities in a manner that minimizes the possibility of a fire, explosion, or any unplanned spill or release of hazardous waste or hazardous waste constituents to the air, soil, or surface waters of the State.
2.LQGs shall be equipped with the following, unless hazards posed by waste handled at the facility would not require a particular piece of equipment specified below. LQGs shall maintain spill control and emergency equipment at or near all areas where hazardous waste is generated and stored at the facility. The spill control equipment shall be designed to be effective when used on the type of hazardous waste typically generated at the subject facility. LQGs shall keep an amount of spill control equipment on-site at all times that is capable of controlling or absorbing a release of waste equal to the volume of the largest hazardous waste container in a specific area. LQGs shall test all communications systems, alarm systems, fire control equipment and decontamination equipment as necessary to maintain the equipment to ensure its proper operation on at least an annual basis. The communications systems, spill control equipment and emergency equipment/materials shall consist of the following:
a.An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.
b.A device, such as a telephone (immediately available at the scene of operations), cell phone, or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams.
c.Fire control equipment (including, but not limited to, portable fire extinguishers special extinguishing equipment, such as that using foam, inert gas, or dry chemicals).
d.Spill control equipment (including, but not limited to, sorbents, rags, pigs, pads, and drain stops).
e.Decontamination equipment (including, but not limited to, eye washer and showers).
f.Water at adequate volume and pressure to supply water hose streams or foam producing equipment, or automatic sprinklers, or water spray systems.
3.Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the Director has ruled that such a device is not required under § 1.7.12(E)(8)(b) of this Part.
4.If there is ever just one employee on the premises while the facility is operating, he must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the Director has ruled that such a device is not required under § 1.7.12(E)(8)(b) of this Part.
5.Arrangements shall be made or attempted to be made with the appropriate local authorities, in accordance with the requirements of 40 C.F.R. § 265.37.
J.Personnel Training:
1.LQGs who store hazardous waste on-site shall develop and maintain on-site, a written employee training program and shall provide this training to all of its employees whose job duties involve the handling or management of hazardous waste within six (6) months of their initial hiring date. The training program shall be directed by an individual who has been trained in the area of hazardous waste management regulations by a qualified environmental consultant, qualified academic instructor or by having completed a specialized program of study. The training program shall contain and cover at a minimum the following information:
a.A definition of regulated hazardous waste and a list of hazardous wastes typically generated or stored by the facility.
b.Management procedures that are required to be followed in order to properly handle and store hazardous waste on-site.
c.A description of any applicable regulatory exemptions that are utilized by the company for storing and/or managing hazardous waste generated at the facility.
d.A description of container and tank labeling and dating requirements as appropriate.
e.A description of accumulation (storage) time limits.
f.Waste pre-transport requirements, including proper use of Uniform Hazardous Waste Manifests.
g.Proper implementation of the facility’s hazardous waste contingency plan, if applicable, including response to fires or explosions and response to groundwater contamination incidents.
h.Spill prevention and response including procedures for using, inspecting, repairing, and replacing emergency equipment and monitoring equipment, operation of any continuous feed cut-off systems, communication or alarm systems, location and use of emergency response equipment and procedures for the complete shutdown of facility operations.
i.Proper evacuation procedures and routes.
j.LQGs shall provide an annual review of the initial training for all of their employees who handle or manage hazardous waste that covers all of the information listed above. LQGs shall also maintain written documentation of the type and amount of training provided to each employee, the employee’s name and job title, a description of the employee’s duties and qualifications for the job and a dated sign-in sheet for each training session for a period of at least three (3) years from the date employees left the facility, for former employees, or until facility closure for current personnel.
K.Hazardous Waste Contingency Plan:
1.Large quantity generators of hazardous waste shall prepare and develop a site specific written hazardous waste contingency plan for their facilities. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water. The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents that could threaten human health or the environment. The contingency plan requirements also include the following:
a.The contingency plan shall include a description of actions to be taken by facility personnel in response to a fire, explosion or any unplanned spill or release of hazardous waste or hazardous materials to the air, soil, or waters of the State.
b.The plan shall include a description of the arrangements made with outside emergency responders (police, fire departments, hospitals, contractors, state and local emergency response teams) to coordinate emergency services to the facility.
c.The plan shall list the names, addresses, and phone numbers (work and home) of all persons qualified to act as emergency coordinators, shall identify one person as the primary emergency coordinator for the company and other persons shall be listed in the order in which they will assume this role, as alternates. The generator shall ensure that at all times there is at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. The list of coordinators shall be kept up to date.
d.The plan shall include a list and description of all emergency equipment (and their capabilities) at the facility (such as fire extinguishers, spill control equipment, communication and alarm systems and decontamination equipment) and shall indicate where such equipment is located throughout the facility. This list shall be kept up to date.
e.The plan shall include an evacuation plan for personnel where there is a possibility that evacuation may be necessary as the result of a fire, explosion, spill or other emergency. The plan shall describe the signal to be used to initiate the evacuation, the routes to be taken by company personnel and alternate routes in the event of blockage of primary routes.
f.Generators shall maintain a copy of the current hazardous waste contingency plan at the facility and shall be able to locate the plan immediately in an emergency or upon request for inspection purposes. A copy of the current plan shall be provided to all agencies (fire department, police department, hospital, State or local response agency) that may be called upon to respond to an incident at the facility and/or provide emergency services.
g.Generators shall review and amend the contingency plan as necessary if any of the following occurs:
(1)Applicable regulations are revised.
(2)The plan fails to work during an emergency or incident.
(3)The generator’s facility changes in design, construction, operation, maintenance or other manner that materially increases the potential for fires, explosions, releases of hazardous waste or changes the logistics for a response to an incident at the facility.
(4)The list of emergency coordinators changes.
(5)The type or amount of emergency equipment is changed.
h.The Hazardous Waste Contingency Plan shall include a list of emergency procedures to be taken by emergency coordinators that shall include at least the following (if applicable to the facility’s operations and the types of hazardous wastes generated):
(1)The method for activation of alarms or communication systems and notification to DEM (daytime phone 401-222-1360, 24 hour- 401-222-3070) and other agencies with response roles.
(2)Whenever there is a release, fire, or explosion, procedures to be carried out by the emergency coordinator(s) to immediately identify the nature and real extent of the hazardous waste involved, assessment of possible hazards to human health or the environment,
(3)Emergency procedures to be taken by the emergency coordinator(s) in order to give assistance to outside responders to facilitate evacuation and notification to government officials as required and per § 1.7.12(E)(10)(a)((1)) of this Part.
(4)Emergency procedures to be taken by emergency coordinators to ensure that fire, explosions, and releases do not occur, recur or spread to other hazardous waste at the facility.
(5)Emergency monitoring procedures of leaks, ruptures, pressure build-up and gas generation to be conducted by emergency coordinators if the facility stops operation in response to a fire, explosion, release or other incident.
(6)Emergency procedures to be taken by emergency coordinators to provide for storing, treating, or disposing of all wastes, contaminated soil or surface water, and other materials resulting from a fire, explosion, release or other incident.
(7)Emergency procedures to be taken by emergency coordinators to ensure that no waste that is incompatible with the released material is stored, treated or disposed of until clean-up is completed and all emergency equipment is cleaned and fit for reuse after an incident and procedures for the generator to notify the Department that such measures have been taken.
(8)The procedure to be taken by the generator to comply with the notification requirements contained in this rule and the notification requirements of 40 C.F.R. § 265.56(i).
i.The generator or his/her designee shall, in the event of a fire, spill or release, take appropriate action to control and terminate the incident by instituting the measures described in the contingency plan. The generator shall immediately:
(1)In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher.
(2)In the event of a fire, explosion or other release that could threaten human health or when the generator has reason to suspect that a spill may cause a release to the environment, the generator shall immediately notify the National Response Center (800-424-8802). The report shall include the following information:
(AA)Name and telephone number of person reporting the incident;
(BB)The name, address and U.S. EPA Identification Number of the generator;
(CC)Date, time and type of incident (e.g., spill or fire);
(DD)Quantity and type of hazardous waste involved in the incident;
(EE)Extent of injuries, if any;
(FF)The possible hazards to human health and the environment outside of the facility;
(GG)Estimated quantity and disposal of recovered materials, if any.
L.Waste Shipment:
1.LQGs shall send hazardous waste only to a designated facility. The generator shall not send hazardous waste from the property where it is generated, without preparing a Manifest to accompany the waste, except where 40 C.F.R. § 262.20(f) [transport on a right-of-way within or along a contiguous property] applies and the transporter complies with 40 C.F.R. §§ 263.30 and 263.31 [hazardous waste discharges], nor shall he/she offer hazardous waste to a facility that does not have an EPA I.D. Number, or to a hazardous waste transporter that does not have an EPA I.D. Number and a valid RI Hazardous Waste Transporter Permit as indicated by an official decal on each transportation unit. Use of a permitted hazardous waste transporter and use of a transporter with an EPA I.D. number are not required for those transportation situations where 40 C.F.R. § 262.20(f) applies. The following requirements also apply:
a.The generator, except for those shipments of exclusively used oil, shall complete the generator section of the Manifest prior to sending any hazardous waste from the property where it is generated. The generator shall complete this section in accordance with the requirements of 40 C.F.R. § 262.20 and the related appendix to 40 C.F.R. Part 262 (instructions for the uniform hazardous waste Manifest) and the requirements of these Rules and Regulations. The generator will also note in item 13 of the Manifest if the waste is an R006 waste as defined by the “Rhode Island Hazardous Wastes” definition in § 1.5 of this Part. The generator shall also indicate if the waste is exempt from the generator fee by listing waste codes R011 through R016 if appropriate.
b.The generator shall complete the generator section of a Manifest prior to the shipment of the waste and shall certify as follows:
(1)“I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment”;
c.The generator shall also maintain a copy of the Manifest for his records. All remaining copies shall be turned over to the hazardous waste transporter and shall accompany the waste through the routing indicated by the generator.
d.The generator shall obtain the signature of the initial transporter and date of acceptance of the manifest as required by 40 C.F.R. § 262.23(a)(2). The generator shall also instruct the hazardous waste transporter to return the waste or deliver it to an alternate designated facility if he is unable to deliver it to the primary designated facility.
e.A generator sending or receiving waste to or from a foreign country shall comply with the federal requirements in 40 C.F.R. Part 262 Subpart E, 40 C.FR. Part 262 Subpart F and 40 C.F.R. Part 262 Subpart H in addition to complying with the applicable state generator requirements.
f.For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.
g.For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator must send three (3) copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.
h.For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator must send at least three (3) copies of the manifest dated and signed in accordance with this section to:
(1)The next non-rail transporter, if any; or
(2)The designated facility if transported solely by rail; or
(3)The last rail transporter to handle the waste in the United States if exported by rail.
i.A generator shipping waste via water or rail shall comply with the provisions of 40 C.F.R. § 263.20(e) or (f).
j.In accordance with 40 C.F.R. § 262.33, before transporting hazardous waste or offering hazardous waste for transportation off-site, an LQG shall placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 C.F.R. Part 172 Subpart F.
k.A generator who does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.
l.A generator must submit an Exception Report to the Department if he has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report must include:
(1)A legible copy of the manifest for which the generator does not have confirmation of delivery;
(2)A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.
m.A generator shall designate on the Manifest one (1) designated facility that is permitted to handle the waste described on the Manifest. A generator may also designate on the Manifest one (1) alternate designated facility that is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.
n.For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility (following the procedures of 40 C.F.R. §§ 264.72(f) or 265.72(f)), the generator must:
(1)Sign either:
(AA)Item 20 of the new manifest if a new manifest is used for the returned shipment; or
(BB)Item 18c of the original manifest if the original manifest is used for the returned shipment;
(2)Provide the transporter a copy of the manifest;
(3)Within thirty (30) days of delivery of the rejected shipment or container residues contained in non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator; and
(4)Retain at the generator’s site a copy of each manifest for at least three years from the date of delivery.
o.A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 40 C.F.R. § 264.72 or 40 C.F.R. § 265.72 may accumulate the returned waste on-site in accordance with the requirements of § 1.7.12 of this Part. Upon receipt of the returned shipment, the generator must:
(1)Sign item 18c of the manifest, if the transporter returned the shipment using the original manifest; or
(2)Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
p.For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest (following the procedures of 40 C.F.R. § 264.72(e)(1) through (6) or 40 C.F.R. § 265.72(e)(1) through (6)), the generator must comply with the requirements of above for exception reporting for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of compliance with exception reporting above, for a shipment forwarding such waste to an alternate facility by a designated facility:
(1)The copy of the manifest received by the generator must have the signature of the owner or operator of the alternate facility as required by 40 C.F.R. § 262.42(c)(1) in place of the signature of the owner or operator of the designated facility, and
(2)The 35/45-day timeframes begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.
q.The Director, as he/she deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in 40 C.F.R. Part 261.
r.40 C.F.R. §§ 262.21 and 262.22 [regarding manifest numbers, obtaining and printing manifest and number of copies of manifests] are incorporated by reference.
s.The Department has not adopted the federal exemption from manifesting requirements in 40 C.F.R. § 262.20(e) that allows certain waste, reclaimed under certain contractual agreements.
t.In addition to providing the manifest, a generator must provide a one-time Land Disposal Restriction (LDR) notification to the TSD facility as required by 40 C.F.R. § 268.7(a)(2) and 40 C.F.R. § 268.7(a)(3) as administered by the EPA.
M.Biennial Reports:
1.LQGs as well as those who have treated, stored or disposed of hazardous waste during the reporting period, shall prepare and submit a biennial report (on appropriate forms provided by the Department) in accordance with the provisions of 40 C.F.R. § 262.41. The report shall be submitted to the Department by March 1 of the even-number year that reports hazardous waste activities for the immediately preceding odd-number year. Additional reporting, as per 40 C.F.R. § 262.43, may also be required. Household hazardous waste shall be exempt from reporting in the biennial report.
1.7.13Small Quantity Generators (SQGs) Waste Management Requirements
A.The following requirements apply to Small Quantity Generators as defined in § 1.5 of this Part. As per § 1.7.6(C) of this Part, if an SQG generates or stores more waste than specified in the definition of an SQG in § 1.5 of this Part, he/she must notify the Department and manage the waste in accordance with the provisions of § 1.7.12 (LQG) of this Part.
B.Hazardous Waste Storage:
SQGs may store hazardous waste on-site for a period of time that does not exceed one hundred eighty (180) days, without first obtaining a storage permit as required by Hazardous Waste § 1.9 of this Part. Hazardous waste may not be stored in containment buildings or drip pads. An SQG who stores hazardous waste for more than 180 days is an operator of a storage facility and is subject to the § 1.10 of this Part operational requirements for treatment, storage, and disposal facilities requirements, 40 C.F.R. Part 264, and the permit requirements of § 1.11 of this Part.
C.Hazardous Waste Accumulation in Containers:
1.SQGs may store hazardous waste in containers provided that the generator:
a.Marks the side of containers holding hazardous waste with the date upon which the waste first began to accumulate.
b.Keeps all containers holding hazardous waste closed except when it is necessary to add or remove waste.
c.Opens, handles and stores containers holding hazardous waste in a manner that does not, or is not likely to, cause a spill or release of hazardous waste.
d.Immediately transfers hazardous waste from any and all containers that are not in good condition as a result of physical or chemical forces that have reduced the containers structural integrity, or if they begin to leak, to a container(s) that is in good condition and compatible with the hazardous waste being transferred.
e.Stores all containers holding ignitable or reactive hazardous waste in an area that is at least fifty (50) feet from any property boundary lines.
f.Takes precautions to prevent accidental ignition or reaction of ignitable or reactive waste. These wastes must be separated and protected from sources of ignition, incompatible materials and heat. While ignitable or reactive waste is being handled, the generator must confine smoking and open flame to specifically designated locations. “No smoking” signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
g.Uses containers constructed of, or lined with, a material that is chemically compatible with the hazardous waste placed into the containers, so that the ability of the container to hold the waste is not impaired.
h.Does not place incompatible wastes in the same container unless the mixing is accomplished so that it does not generate extreme heat or pressure, does not initiate a fire, explosion or violent reaction and does not produce uncontrolled toxic mists, fumes, dust or gases and does not damage the structural integrity of the device containing the waste, and does not threaten human health and the environment through other like means.
i.Conducts inspections on a weekly basis of all containers holding hazardous waste for signs of deterioration and or corrosion of the containers and for any signs of leaks or releases of hazardous waste. Generators shall maintain a written record documenting the date and time of each inspection, the person that conducted the inspection and whether any release was identified, container was replaced or repair needed to containment conditions, of the result of each inspection for a period of at least three (3) years.
j.Stores hazardous wastes that when mixed would result in an unintended reaction or are otherwise not compatible in separate containers designed to contain the subject hazardous wastes. Containers holding hazardous wastes shall be stored in separate locations from incompatible wastes or materials present on-site and isolated by a physical barrier (e.g., a dike, berm, or wall) constructed of or lined with a material that is resistant to the hazardous waste stored in the area.
k.Does not place hazardous waste in an unwashed container that previously held an incompatible waste or material, unless the conditions listed in § 1.7.13(C)(1)(h) of this Part are satisfied.
D.Accumulation in Tanks:
1.SQGs that store hazardous waste in tanks shall comply with all of the requirements listed below. All generators storing hazardous waste in underground storage tanks shall also comply with the Rhode Island Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter).
2.Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements for containment and detection of releases in §§ 1.7.13(D)(3)(a) and (b) of this Part. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test must be used: Method 9095B (Paint Filter Liquids Test) as described in ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,’’ EPA Publication SW–846, as incorporated by reference in 40 C.F.R. § 260.11 of this chapter.
3.SQGs storing hazardous waste in aboveground tanks shall comply with the following. Tank systems, including sumps, as defined in 40 C.F.R. § 260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements of items §§ 1.7.13(D)(3)(a) and (b) of this Part.
a.Tank Systems without Containment:
(1)SQGs that store hazardous waste in tank systems that are not equipped with a secondary containment feature shall inspect the tank systems once each operating day and shall maintain a written record of each inspection. The inspection shall include at least the following:
(AA)Overfill/spill control equipment (e.g., waste feed cutoff systems, bypass systems and drainage systems) to ensure they are in working order.
(BB)Visual inspection of the aboveground sections of a tank for signs of corrosion or release of waste.
(CC)The construction materials and area immediately surrounding the tank system’s discharge confinement structures, if any, looking for signs of corrosion and for signs of a release of hazardous waste.
(DD)Any and all monitoring equipment that is part of the tank system to ensure that it is operating properly.
(EE)The level of the waste in the tank to ensure at least two (2’) feet of freeboard.
b.Tank Systems with Containment:
(1)SQGs that store hazardous waste in tank systems that are equipped with a secondary containment feature shall inspect the tank systems once every week and shall maintain a record of each inspection. The inspection shall include at least the following:
(AA)Overfill/spill control equipment (e.g., waste feed cutoff systems, bypass systems and drainage systems) to ensure they are in working order.
(BB)Visual inspection of the aboveground sections of a tank for signs of corrosion.
(CC)The construction materials and area immediately surrounding the tank system’s secondary containment, looking for signs of corrosion and for signs of a release of hazardous waste.
(DD)Any and all monitoring equipment that is part of the tank system to ensure that it is operating properly.
(EE)The level of waste in the tank to ensure at least 2 feet of freeboard.
c.SQGs that store hazardous waste in tanks shall comply with all of the following requirements:
(1)Waste Accumulation: Hazardous waste shall be stored in tanks for a period of time not to exceed one hundred-eighty (180) days from the date the waste was first placed into the tank.
(2)Accumulation Start Date: The side of a tank holding hazardous waste shall be marked with the date the waste first began to accumulate, or a written log shall be maintained that records the date that hazardous waste was first placed into or removed from the tank.
(3)Construction: Hazardous waste shall be placed into a tank system that is constructed of, or lined with, material that is compatible with the hazardous waste.
(4)Spill Prevention: Appropriate controls and procedures shall be used to prevent spills and overflows from the tank system or secondary containment device. These shall include at least the following: Spill prevention controls (e.g., check valves); Overfill controls (e.g., level sensing alarms, high level alarms, automatic waste feed cutoff systems, by-pass to standby tank); Maintenance of sufficient freeboard (at least 2 feet) in uncovered tanks to prevent overtopping by wave action.
(5)Inappropriate Wastes and Incompatible Wastes: Hazardous waste or treatment reagents shall not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life. Incompatible hazardous wastes, or incompatible wastes and materials, shall not be placed into the same tank system if the wastes have the potential to cause the tank to leak or otherwise damage the tank system and unless the generator complies with 40 C.F.R. § 265.17(b) requirements. Hazardous waste shall not be placed in an unwashed tank which previously held an incompatible waste or material, unless 40 C.F.R. § 265.17(b) is complied with.
(6)Ignitable or Reactive Wastes: Ignitable or reactive wastes shall not be placed into a tank system unless the generator complies with the requirements in 40 C.F.R. § 265.17(b) and: Treats, renders or mixes the hazardous waste so that the waste is no longer ignitable or reactive; or the waste is stored or handled in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or the tank system is used solely for emergency storage. Generators storing ignitable or reactive wastes in tanks shall also locate the tanks on the site away from the public ways or property boundaries in compliance with 40 C.F.R. § 260.11 (d)(1) Table 2-1 through 2-6 of the buffer zone requirements of the National Fire Protection Association’s “Flammable and Combustible Liquids Code” (1977 or 1981).
(7)Tank Failure: a tank system shall immediately be removed from service that fails or leaks waste. Additionally, the generator shall meet the following requirements:
(AA)Immediately stop the flow of waste to the tank system, inspect the tank system to determine the source of the release, and complete repairs, a required by 40 C.F.R. § 265.196(e), before allowing further use. Major repairs require the contractor conducting the repair certify that the tank meets the requirements of 40 C.F.R. § 265.196(e);
(BB)Remove all waste from the tank system within 24 hours of the discovery of the release and manage said waste in accordance with these regulations;
(CC)If waste was released to the secondary containment system, the generator shall remove all accumulated hazardous waste from the secondary containment device and manage said waste in accordance with these regulations.
(8)Notification of Spills: Comply with the requirements of notification of spills relating to spill reporting and mitigation from tanks.
(9)Closure Actions: Upon closure of the tank, or termination of the process that generated the waste stored in the tank system, all hazardous waste in tanks, discharge control equipment, and discharge confinement structures shall be removed and properly managed.
E.Labeling:
1.Each accumulation container holding hazardous waste shall be labeled with the following information:
a.The words “Hazardous Waste."
b.The chemical or common name of the waste.
c.Name, address and EPA Identification Number of the generating facility.
2.Each tank holding hazardous waste shall be labeled with the following information:
a.The words “Hazardous Waste."
b.The chemical or common name of the waste.
3.Each satellite accumulation container shall be labeled in accordance with § 1.7.8 of this Part.
F.Personnel Training:
1.SQGs shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies. They shall also document that each employee has been made aware of proper waste handling and emergency procedures and maintain copies of this information on-site. SQGs who manage their hazardous waste in satellite accumulation containers only are not required to provide training to its personnel provided that they maintain full compliance with the satellite accumulation requirements of § 1.7.8 of this Part. The training program shall be directed by an individual who has been trained in the area of hazardous waste management regulations by a qualified environmental consultant, qualified academic instructor or by a person having completed a specialized program of study. The training program shall contain and cover at a minimum the following information:
a.A definition of regulated hazardous waste and a list of hazardous wastes typically generated or stored by the facility.
b.Management procedures that are required to be followed in order to properly handle and store hazardous waste on-site.
c.A description of any applicable regulatory exemptions that are utilized by the company for storing and/or managing hazardous waste generated at the facility.
d.A description of container and tank labeling and dating requirements as appropriate.
e.A description of accumulation (storage) time limits.
f.Waste pre-transport requirements, including proper use of Uniform Hazardous Waste Manifests.
g.Proper implementation of the facility’s hazardous waste contingency plan, if applicable, including response to fires or explosions and response to groundwater contamination incidents.
h.Spill prevention and response including procedures for using, inspecting, repairing, and replacing emergency equipment and monitoring equipment, operation of any continuous feed cut-off systems, communication or alarm systems, location and use of emergency response equipment and procedures for the complete shutdown of facility operations.
i.Proper evacuation procedures and routes.
G.Notification and Cleanup of Spills or Releases:
1.In the event of a spill or release of hazardous waste or material that presents any risk of injury to health or the environment, the generator or any other person having knowledge of the spill or release shall immediately notify the Department (daytime- 401-222-1360, 24 hours 401-222-3070) and provide all requested information dealing with such a spill or release.
2.The generator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he/she must submit a written report on the incident to the Department. The report must include:
a.Name, address, and telephone number of the owner or operator;
b.Name, address, and telephone number of the facility;
c.Date, time, and type of incident (e.g., fire, explosion);
d.Name and quantity of material(s) involved;
e.The extent of injuries, if any;
f.An assessment of actual or potential hazards to human health or the environment, where this is applicable; and
g.Estimated quantity and disposition of recovered material that resulted from the incident.
3.In accordance with the requirements of 40 C.F.R. § 265.56(b) through (h), the generator shall immediately take steps to prevent, contain and/or clean up the spill or release of hazardous waste or material and also remove and properly dispose of any materials contaminated by the spill or release, such as contaminated soil or surface water.
H.Spill Prevention, Response Equipment and Arrangements with Local Authorities:
1.SQGs shall maintain and operate their facilities in a manner that minimizes the possibility of a fire, explosion, or any unplanned spill or release of hazardous waste or hazardous waste constituents to the air, soil, or surface waters of the State.
2.SQGs shall be equipped with the following, unless hazards posed by waste handled at the facility would not require a particular piece of equipment specified below. SQGs shall maintain spill control and emergency equipment at or near all areas where hazardous waste is generated and stored at the facility. The spill control equipment shall be designed to be effective when used on the type of hazardous waste typically generated at the subject facility. SQGs shall keep an amount of spill control equipment on-site at all times that is capable of controlling or absorbing a release of waste equal to the volume of the largest hazardous waste container in a specific area. SQGs shall test all communications systems, alarm systems, fire control equipment and decontamination equipment as necessary to maintain the equipment to ensure its proper operation on at least an annual basis. The communications systems, spill control equipment and emergency equipment/materials shall consist of the following:
a.An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.
b.A device, such as a telephone (immediately available at the scene of operations), cell phone, or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams.
c.Fire control equipment (including, but not limited to, portable fire extinguishers special extinguishing equipment, such as that using foam, inert gas, or dry chemicals).
d.Spill control equipment (including, but not limited to, sorbents, rags, pigs, pads, and drain stops).
e.Decontamination equipment (including, but not limited to, eye washer and showers).
f.Water at adequate volume and pressure to supply water hose streams or foam producing equipment, or automatic sprinklers, or water spray systems.
3.Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the Director has ruled that such a device is not required under § 1.7.13(H)(2) of this Part.
4.If there is ever just one employee on the premises while the facility is operating, he must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the Director has ruled that such a device is not required under §1.7.13(H)(2) of this Part.
5.Arrangements shall be made or attempted to be made with the appropriate local authorities in accordance with the requirements of 40 C.F.R. § 265.37.
I.Hazardous Waste Contingency Plan:
1.SQGs shall not be required to develop a hazardous waste contingency plan provided that they comply with the following requirements:
a.At all times, one employee is on-site, or on call and able to return to the facility in a short period of time, to act as an emergency response coordinator and be responsible for implementing the necessary response measures for the situation.
b.The generator shall post the name and telephone number of the emergency response coordinator, telephone number of the local fire department, DEM (day 401-222-1360, 24-hour 401-222-3070), National Response Center (800-424-8802) and the environmental contractor on call to clean up spills next to any and all telephones in the vicinity of the hazardous waste storage area.
c.Conspicuously mark the location of fire extinguishers, spill control equipment and fire alarm (if present) and post the location of these items next to any and all phones in the vicinity of the hazardous waste storage area; and
d.Take immediate action to clean up any spills or releases of hazardous waste and any contaminated materials or soils. This shall include employing an environmental clean-up contractor if the spill or release exceeds the capabilities of the on-site employees.
2.The emergency coordinator or his designee shall respond to any emergencies that arise. The required responses include but are not limited to:
a.In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher.
b.In the event of a spill or release attempt to contain the waste using appropriate control equipment. The generator should contact its emergency response contractor for assistance with large spills/releases.
c.Evacuate the facility if necessary.
d.In the event of a fire, explosion or other release that could threaten human health or when the generator has reason to suspect that a spill may result in a release to the environment, the generator shall immediately notify the National Response Center (800-424-8802). The report shall include the following information:
(1)The name, address and U.S. EPA Identification Number of the generator;
(2)Date, time and type of incident (e.g., spill or fire);
(3)Quantity and type of hazardous waste involved in the incident;
(4)Extent of injuries, if any;
(5)Estimated quantity and disposal of recovered materials, if any.
J.Waste Shipment:
1.SQGs shall send hazardous waste only to a designated facility. The generator shall not send hazardous waste from the property where it is generated, without preparing a Manifest to accompany the waste, except where 40 C.F.R. § 262.20(f) applies and the transporter complies with 40 C.F.R. §§ 263.30 and 263.31, nor shall he/she offer hazardous waste to a facility that does not have an EPA I.D. Number, or to a hazardous waste transporter that does not have an EPA I.D. Number and a valid RI Hazardous Waste Transporter Permit as indicated by an official decal on each transportation unit. Use of a permitted hazardous waste transporter and use of a transporter with an EPA I.D. number are not required for those transportation situations where 40 C.F.R. § 262.20(f) applies. The following requirements also apply:
a.The generator, except for those shipments of exclusively used oil, shall complete the generator section of the Manifest prior to sending any hazardous waste from the property where it is generated. The generator shall complete this section in accordance with the requirements of 40 C.F.R. § 262.20 and the related appendix to 40 C.F.R. Part 262 (instructions for the uniform hazardous waste Manifest) and the requirements of these Rules and Regulations. The generator will also note in item 13 of the Manifest if the waste is an R006 waste as defined by the “Rhode Island Hazardous Wastes” definition in § 1.5 of this Part. The generator shall also indicate if the waste is exempt from the generator fee by listing waste codes R011 through R016 if appropriate.
b.The generator shall complete the generator section of a Manifest prior to the shipment of the waste and shall certify as follows:
(1)“I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method.”
c.The generator shall also maintain a copy of the Manifest for his records. All remaining copies shall be turned over to the hazardous waste transporter and shall accompany the waste through the routing indicated by the generator.
d.The generator shall obtain the signature of the initial transporter and date of acceptance of the manifest as required by 40 C.F.R. § 262.23(a)(2). A generator shall also instruct the hazardous waste transporter to return the waste or deliver it to an alternate designated facility if he is unable to deliver it to the primary designated facility.
e.A generator sending or receiving waste to or from a foreign country shall comply with the federal requirements in 40 C.F.R. Part 262 Subpart E, 40 C.F.R. Part 262 Subpart F and 40 C.F.R. Part 262 Subpart H in addition to complying with the applicable state generator requirements.
f.For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.
g.For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator must send three copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.
h.For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator must send at least three copies of the manifest dated and signed in accordance with this section to:
(1)The next non-rail transporter, if any; or
(2)The designated facility if transported solely by rail; or
(3)The last rail transporter to handle the waste in the United States if exported by rail.
i.A generator shipping waste via water or rail shall comply with the provisions of 40 C.F.R. § 263.20(e) or (f).
j.In accordance with 40 C.F.R. § 262.33, before transporting hazardous waste or offering hazardous waste for transportation off-site, an SQG must placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 C.F.R. Part 172 Subpart F.
k.A generator who does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.
l.A generator must submit an Exception Report to the Department if he has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report must include:
(1)A legible copy of the manifest for which the generator does not have confirmation of delivery;
(2)A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.
m.A generator shall designate on the Manifest one designated facility that is permitted to handle the waste described on the Manifest. A generator may also designate on the Manifest one alternate designated facility that is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.
n.For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility (following the procedures of 40 C.F.R. §§ 264.72(f) or 265.72(f)), the generator must:
(1)Sign either: Item 20 of the new manifest if a new manifest is used for the returned shipment; or
(2)Item 18c of the original manifest if the original manifest is used for the returned shipment;
(3)Provide the transporter a copy of the manifest;
(4)Within 30 days of delivery of the rejected shipment or container residues contained in non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator; and
(5)Retain at the generator’s site a copy of each manifest for at least three years from the date of delivery.
o.A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 40 C.F.R. § 264.72 or 40 C.F.R. § 265.72 may accumulate the returned waste on-site in accordance with the requirements of § 1.7.13 depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator must:
(1)Sign item 18c of the manifest, if the transporter returned the shipment using the original manifest; or
(2)Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
p.For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest (following the procedures of 40 C.F.R. § 264.72(e)(1) through (6) or 40 C.F.R. § 265.72(e)(1) through (6)), the generator must comply with the requirements of above for exception reporting for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of compliance with exception reporting above, for a shipment forwarding such waste to an alternate facility by a designated facility:
(1)The copy of the manifest received by the generator must have the signature of the owner or operator of the alternate facility as required by 40 C.F.R. § 262.42(c)(1) in place of the signature of the owner or operator of the designated facility, and
(2)The 35/45-day timeframes begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.
q.The Director, as he/she deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in 40 C.F.R. Part 261.
r.40 C.F.R. §§ 262.21 and 262.22 [regarding manifest numbers, obtaining and printing manifest and number of copies of manifests] are incorporated by reference.
s.The Department has not adopted the federal exemption from manifesting requirements in 40 C.F.R. § 262.20(e) that allows certain waste, reclaimed under certain contractual agreements.
t.In addition to providing the manifest, a generator must provide a one-time Land Disposal Restriction (LDR) notification to the TSD facility as required by 40 C.F.R. § 268.7(a)(2) and 40 C.F.R. § 268.7(a)(3) as administered by the EPA.
K.Biennial Reports:
SQGs shall prepare and submit a biennial report (on appropriate forms provided by the Department) if requested to do so by the Department.
1.7.14Conditionally Exempt Small Quantity Generators (CESQGs) - Waste Management Requirements
A.The following requirements apply to Conditionally Exempt Small Quantity Generators as defined in § 1.5 of this Part. As per § 1.7.6(C) of this Part, if a CESQG generates or stores more waste than specified in the definition of a CESQG in § 1.5 of this Part, he/she must notify the Department and manage the waste in accordance with the provisions of § 1.7.12 (LQG) or § 1.7.13 (SQG) of this Part as appropriate.
B.Hazardous Waste Storage and Conditional Exemption Requirement:
CESQG’s may store Hazardous Waste on-site for a period not to exceed three hundred and sixty-five (365) days, without first obtaining a storage permit as required by Hazardous Waste, § 1.9 of this Part. Hazardous waste may not be stored in containment buildings or drip pads. A CESQG who stores hazardous waste for more than 365 days is an operator of a storage facility and is subject to the § 1.10 of this Part operational requirements for treatment, storage, and disposal facilities requirements, 40 C.F.R. Part 264, and the permit requirements of § 1.9 of this Part.
C.Hazardous Waste Accumulation in Containers:
1.CESQGs may store hazardous waste in containers provided that the generator:
a.Marks the side of containers holding hazardous waste with the date upon which the waste first began to accumulate.
b.Keeps all containers holding hazardous waste closed except when it is necessary to add or remove waste.
c.Opens, handles and stores containers holding hazardous waste in a manner that does not, or is not likely to, cause a spill or release of hazardous waste.
d.Immediately transfers hazardous waste from any and all containers that are not in good condition as a result of physical or chemical forces that have reduced the container’s structural integrity, or if they begin to leak, to a container(s) that is in good condition and compatible with the hazardous waste being transferred.
e.Uses containers constructed of, or lined with, a material that is chemically compatible with the hazardous waste placed into the containers, so that the ability of the container to hold the waste is not impaired.
f.Does not place incompatible wastes in the same container unless the mixing is accomplished so that it does not generate extreme heat or pressure, does not initiate a fire, explosion or violent reaction and does not produce uncontrolled toxic mists, fumes, dust or gases and does not damage the structural integrity of the device containing the waste, and that does not threaten human health or the environment through like means.
g.Conducts inspections on a weekly basis of all containers holding hazardous waste for signs of deterioration and or corrosion of the containers and for any signs of leaks or releases of hazardous waste. Generators shall maintain a written record documenting the date and time of each inspection, the person that conducted the inspection and whether any release was identified, container was replaced or repair needed to containment conditions, of the result of each inspection for a period of at least three (3) years.
h.Stores hazardous wastes that when mixed would result in an unintended reaction or are otherwise not compatible in separate containers designed to contain the subject hazardous wastes. Containers holding hazardous wastes shall be stored in separate locations from incompatible wastes or materials present on-site and isolated by a physical barrier (e.g., a dike, berm, or wall) constructed of or lined with a material that is resistant to the hazardous waste stored in the area.
i.Does not place hazardous waste in an unwashed container that previously held an incompatible waste or material, unless the conditions in § 1.7.14(C)(1)(f) of this Part are satisfied.
D.Accumulation in Tanks:
CESQGs shall not store hazardous waste in tanks.
E.Labeling:
1.Each accumulation container holding hazardous waste shall be labeled with the following information:
a.The words “Hazardous Waste."
b.The chemical or common name of the waste.
c.Name, address and EPA Identification Number of the generating facility.
2.Each satellite accumulation container shall be labeled in accordance with § 1.7.8 of this Part.
F.Personnel Training:
Hazardous Waste training is not required for CESQGs.
G.Notification and Cleanup of Spills or Releases:
1.In the event of a spill or release of hazardous waste or material that presents any risk of injury to health or the environment, the generator or any other person having knowledge of the spill or release shall immediately notify the Department (daytime- 401-222-1360, 24 hours- 401-222-3070) and provide all requested information dealing with such a spill or release.
2.The generator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he/she must submit a written report on the incident to the Department. The report must include:
a.Name, address, and telephone number of the owner or operator;
b.Name, address, and telephone number of the facility;
c.Date, time, and type of incident (e.g., fire, explosion);
d.Name and quantity of material(s) involved;
e.The extent of injuries, if any;
f.An assessment of actual or potential hazards to human health or the environment, where this is applicable; and
g.Estimated quantity and disposition of recovered material that resulted from the incident.
3.In accordance with the requirements of 40 C.F.R. § 265.56(b) through (h), the generator shall immediately take steps to prevent, contain and/or clean up the spill or release of hazardous waste or material and also remove and properly dispose of any materials contaminated by the spill or release, such as contaminated soil or surface water.
H.Spill Prevention, Response Equipment and Arrangements with Local Authorities:
1.The facility shall be maintained and operated in a manner that minimizes the possibility of a fire, explosion, or any unplanned spill or release of hazardous waste or hazardous waste constituents to the air, soil, or surface waters of the State.
2.Arrangements shall be made or attempted to be made with the appropriate local authorities, in accordance with the requirements of 40 C.F.R. § 265.37.
I.Hazardous Waste Contingency Plan:
1.CESQGs shall not be required to develop a hazardous waste contingency plan provided that they comply with the following requirements:
a.At all times, one employee is on-site, or on call and able to return to the facility in a short period of time, to act as an emergency response coordinator and be responsible for implementing the necessary response measures for the situation.
b.The generator shall post the name and telephone number of the emergency response coordinator, telephone number of the local fire department, DEM (day 401-222-1360, 24-hour 401-222-3070), National Response Center (800-424-8802). and the environmental contractor on call to clean up spills next to any and all telephones in the vicinity of the hazardous waste storage area.
c.Conspicuously mark the location of fire extinguishers, spill control equipment and fire alarm (if present) and post the location of these items next to any and all phones in the vicinity of the hazardous waste storage area.; and
d.Take immediate action to clean up any spills or releases of hazardous waste and any contaminated materials or soils. This shall include employing an environmental clean-up contractor if the spill or release exceeds the capabilities of the on-site employees.
2.The emergency response coordinator or his designee shall respond to any emergencies that arise. The required responses are as follows:
a.In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher.
b.In the event of a spill or release attempt to contain the waste using appropriate control equipment. The generator should contact its emergency response contractor for assistance with large spills/releases.
c.Evacuate the facility if necessary.
d.In the event of a fire, explosion or other release that could threaten human health or when the generator has reason to suspect that a spill may result in a release to the environment, the generator shall immediately notify the National Response Center (800-424-8802). The report shall include the following information:
(1)The name, address and U.S. EPA Identification Number of the generator;
(2)Date, time and type of incident (e.g., spill or fire);
(3)Quantity and type of hazardous waste involved in the incident;
(4)Extent of injuries, if any;
(5)Estimated quantity and disposal of recovered materials, if any.
J.Waste Shipment:
1.CESQGs shall send hazardous waste only to a designated facility. Waste architectural paints can also be brought to a Paint Collection Center or a Community Collection Center.
2.CESQGs may self-transport hazardous waste provided that wastes are delivered directly to a Community Collection Center. CESQG’s may also self-transport waste architectural paints to a Paint Collection Center.
3.Wastes not delivered directly to a Paint Collection Center or Community Collection Center must be sent to a designated facility subject to the requirements below:
4.The generator shall not send hazardous waste from the property where it is generated, without preparing a Manifest to accompany the waste, except for self-transport to a Paint Collection Center or Community Collection Center or where 40 C.F.R. § 262.20(f) applies and the transporter complies with 40 C.F.R. §§ 263.30 and 263.31. The generator also shall not offer hazardous waste to a facility that does not have an EPA I.D. Number, or to a hazardous waste transporter that does not have an EPA I.D. Number and a valid RI Hazardous Waste Transporter Permit as indicated by an official decal on each transportation unit. Use of a permitted hazardous waste transporter and use of a transporter with an EPA I.D. number are not required for those transportation situations where 40 C.F.R. § 262.20(f) applies. The following requirements also apply:
a.The generator, except for those shipments of exclusively used oil, shall complete the generator section of the Manifest prior to sending any hazardous waste from the property where it is generated. The generator shall complete this section in accordance with the requirements of 40 C.F.R. § 262.20 and the related appendix to 40 C.F.R. Part 262 (instructions for the uniform hazardous waste Manifest) and the requirements of these Rules and Regulations. The generator will also note in item 13 of the Manifest if the waste is an R006 waste as defined by the “Rhode Island Hazardous Wastes” definition in § 1.5 of this Part. The generator shall also indicate if the waste is exempt from the generator fee by listing waste codes R011 through R016 if appropriate.
b.The generator shall also maintain a copy of the Manifest for his records. All remaining copies shall be turned over to the hazardous waste transporter and shall accompany the waste through the routing indicated by the generator.
c.The generator shall obtain the signature of the initial transporter and date of acceptance of the manifest. A generator shall also instruct the hazardous waste transporter to return the waste or deliver it to an alternate designated facility if he is unable to deliver it to the primary designated facility.
d.For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.
e.For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator must send three copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.
f.For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator must send at least three copies of the manifest dated and signed in accordance with this section to:
(1)The next non-rail transporter, if any; or
(2)The designated facility if transported solely by rail; or
(3)The last rail transporter to handle the waste in the United States if exported by rail.
g.A generator shipping wastes via water or rail shall comply with the provisions of 40 C.F.R. § 263.20(e) or (f).
h.In accordance with 40 C.F.R. § 262.33, before transporting hazardous waste or offering hazardous waste for transportation off-site, a CESQG must placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 C.F.R. Part 172 Subpart F.
i.A generator who does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.
j.A generator must submit an Exception Report to the Department if he has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report must include:
(1)A legible copy of the manifest for which the generator does not have confirmation of delivery;
(2)A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.
k.A generator shall designate on the Manifest one designated facility that is permitted to handle the waste described on the Manifest. A generator may also designate on the Manifest one alternate designated facility that is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.
l.For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility (following the procedures of 40 C.F.R. §§ 264.72(f) or 265.72(f)), the generator must:
(1)Sign either Item 20 of the new manifest if a new manifest is used for the returned shipment; or
(2)Item 18c of the original manifest if the original manifest is used for the returned shipment;
(3)Provide the transporter a copy of the manifest;
(4)Within 30 days of delivery of the rejected shipment or container residues contained in non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator; and
(5)Retain at the generator’s site a copy of each manifest for at least three years from the date of delivery.
m.A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 40 C.F.R. § 264.72 or 40 C.F.R. § 265.72 may accumulate the returned waste on-site in accordance with the requirements of § 1.7.14 of this Part depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator must:
(1)Sign item 18c of the manifest, if the transporter returned the shipment using the original manifest; or
(2)Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
n.For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest (following the procedures of 40 C.F.R. § 264.72(e)(1) through (6) or 40 C.F.R. § 265.72(e)(1) through (6)), the generator must comply with the requirements of above for exception reporting for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of compliance with exception reporting above, for a shipment forwarding such waste to an alternate facility by a designated facility:
(1)The copy of the manifest received by the generator must have the signature of the owner or operator of the alternate facility as required by 40 C.F.R. § 262.42(c)(1) in place of the signature of the owner or operator of the designated facility, and
(2)The 35/45-day timeframes begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.
o.The Director, as he/she deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in 40 C.F.R. Part 261.
p.40 C.F.R. §§ 262.21 and 262.22 [regarding manifest numbers, obtaining and printing manifest and number of copies of manifests] are incorporated by reference.
q.The Department has not adopted the federal exemption from manifesting requirements in 40 C.F.R. § 262.20(e) that allows certain waste, reclaimed under certain contractual agreements.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.8** Transporters {#sec-250-ricr-140-10-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.8}
1.8.1Applicability:
A.These rules shall apply to all transporters of hazardous waste and septage, except for:
1.On-site transportation of hazardous waste, per 40 C.F.R. § 263.10(b), and on-site transportation of used oil or septage.
2.Transportation during an explosives or munitions emergency response per 40 C.F.R. § 263.10(e).
1.8.2Permit Requirements:
A.No person shall transport any hazardous wastes, used oil or septage, but not including precious metal bearing wastes, in or on the land or waters of the state unless such person shall first have obtained a Hazardous Waste, used oil, or Septage Transporter Permit or temporary permit (as applicable) from the Director. However, this rule shall not apply to the following activities:
1.The transportation of sewage sludge being produced at publicly owned or privately-owned treatment plants, except where the sludge fails EPA's characteristics for hazardous waste as defined in Subpart C of 40 C.F.R. Part 261.
2.The use of non-permitted vehicles to collect and transport hazardous waste or used oil in emergency situations that present a threat to public health and safety. In the event of an emergency situation, the Department shall be immediately notified of each vehicle used for the cleanup and transportation of hazardous waste. After the notification, all collected hazardous waste or used oil shall be managed in accordance with the Department's Rules and Regulations.
3.The transportation of animal waste produced at farms.
4.A transporter that transports household refuse, unless he has cause to believe that the household refuse contains hazardous waste.
5.The use of non-permitted vehicles to transport less than one liter of hazardous waste derived solely as a by-product of sampling activities.
6.The use of non-permitted vehicles to transport hazardous waste for situations that satisfy 40 C.F.R. § 262.20(f).
7.The transportation of any hazardous waste defined as a universal waste, per § 1.5 of this Part, and being managed as a universal waste.
8.The transportation of waste military munitions (as defined in 40 C.F.R. §§ 266.201 and 266.202) that satisfy the conditions of 40 C.F.R. § 266.203.
9.The transportation of 55 gallons or less of PCB contaminated waste that does not otherwise meet the definition of hazardous waste, generated at a field service location by a public utility to a generator-owned location that has an existing US EPA Identification Number for the generation of hazardous waste.
10.Self-transport of hazardous waste generated by a Conditionally Exempt Small Quantity Generator to a facility authorized to accept such waste.
11.Transportation of household hazardous waste, from households to a Household Hazardous Waste Facility, Community Collection Center or Hazardous Waste Management Facility.
B.For transporter permits, an application fee of $100.00 per transportation unit shall be paid by the hazardous waste, used oil or septage transporter. An application fee of $50 per transportation unit shall be paid by a transporter of septage that is generated in marine vessels. For transporter temporary permits, an application fee of $25 per transportation unit shall be paid by the hazardous waste, used oil or septage transporter.
C.The hazardous waste, used oil or septage transporter's permit will be issued for a period not to exceed one (1) year.
D.The hazardous waste, used oil or septage transporter’s temporary permit will be issued for a period not to exceed thirty-one (31) days.
E.The permit or temporary permit will be granted or renewed only for those hazardous waste, used oil or septage transportation units that are listed on the permit application and that pass self-inspection. A permit decal, or temporary permit decal, as appropriate, will be issued for each transportation unit that passes the inspection. This decal is not transferable to any other transportation units. The transporter shall maintain his permitted transportation units in compliance with inspection requirements, per § 1.8.8 of this Part, at all times. The Department reserves all rights to conduct inspections by Department personnel to verify and ensure compliance with regulatory requirements.
F.A permitted hazardous waste transporter may also transport shipments of used oil in accordance with the requirements of § 1.16 of this Part.
1.8.3Permit Application Requirements:
A.Applications for a transporter permit or temporary permit shall be submitted to the Director on forms provided by the Department and accompanied by the appropriate permitting fee (as specified in § 1.8.2 of this Part) per transportation unit identified on the permit application. All transportation units used in the transportation of hazardous waste, used oil or septage shall be included on the permit application.
B.All transporter applications shall include the following:
1.Name of applicant.
2.Mailing address.
3.EPA I.D. No. (hazardous waste and used oil transporters only).
4.Business phone number.
5.Name of the owner.
6.The name, address and phone number of the applicant's personnel who can be reached in case of an emergency.
7.Year, make, VIN, and registration number of each transportation unit being permitted to transport hazardous waste, used oil or septage.
8.Locations to be used for the temporary storage (up to 72 hours) of hazardous waste in transportation units.
9.For hazardous waste transporters only, a criminal background check shall be submitted by the applicant consistent with R.I. Gen Laws § 23-19.1-10(e). Each criminal background check shall be accompanied by a notarized affidavit from the applicant attesting to the veracity of the criminal background check.
C.The hazardous waste or used oil transporter shall maintain liability insurance, including the hazardous materials rider (MCS 90) as specified in 49 C.F.R. § 387.7(d), sufficient to provide coverage of $1,000,000.00 (one million dollars) per incident. However, transporters engaged exclusively in the transportation of septage need maintain liability insurance only sufficient to provide coverage of $300,000.00 (three hundred thousand dollars) per incident.
D.The hazardous waste transporter shall apply for and obtain an EPA I.D. No. Hazardous waste transporters, covered by the federal system shall apply directly to the Regional Office of the Environmental Protection Agency. Hazardous waste transporters not covered under the federal system shall apply for an EPA I.D. No. through the Department.
1.8.4General Requirements:
A.It shall be the responsibility of the hazardous waste transporter to obtain all other required licenses and permits from other state and federal agencies prior to transporting any hazardous waste.
B.The transporter is prohibited from transporting extremely hazardous waste (waste bearing the code R006 under item 13 of the Manifest), on the following roads:
C.Table 1: List of prohibited travel roads for extremely hazardous waste:
Table 1: List of Prohibited Travel Roads for Extremely Hazardous Waste
Town(s)
Road
From
To
Scituate, Johnston and Foster
Route 6
Route 94
Foster
Hopkins Ave.
Johnston
Scituate and Smithfield
Route 116
Scituate Ave.
Scituate
Snake Hill Road
Smithfield
Scituate and Cranston
Route 12
Route 14
Scituate
Route 116
Scituate
Scituate
Route 14
Route 102
Route 116
Scituate and Foster
Route 102
Route 94
Foster
Snake Hill Road
Glocester
Scituate and Foster
Central Pike
Route 94
Foster
Route 102
Scituate
Scituate
Danielson Pike
Route 6
Route 6
Scituate
Rocky Hill and Peeptoad Rd.
Route 101
Route 116 or Sawmill Road
Foster, Glocester and Scituate
Route 101
Route 94
Foster
Route 6
Scituate
Smithfield and North Smithfield
Reservoir Road
In its entirety
Smithfield and Lincoln
Route 295
Douglas Pike (Exit 8 of Rt. 295)
Lincoln
Route 146 (Exit 9 of Rt. 295
Warren
School House Road
Birch Swamp Road
Long Lane
Warren
Serpentine Road
In its entirety
Jamestown
North Main Road
Route 138
East Shore Road
Newport and Middletown
Bliss Mine Road
Middletown
Miantonomi Avenue
Bliss Mine Road
Valley Road
Middletown
Valley Road
Miantonomi Road
Route 138
Foster
Route 94
Route 101
Route 102
Scituate
Foster and Scituate
Old Plainfield Pike
Route 102
Route 12
Scituate
Middletown
Aquidneck Avenue
Wave Avenue
Valley Road
Middletown
Wave Avenue
In its entirety
Little Compton and Tiverton
Route 77
Peckham Road
Little Compton
Route 179
Tiverton
Tiverton
Neck Road
In its entirety
Little Compton
Peckham Road
Route 77
Burchard Road
Little Compton
Burchard Road
In its entirety
Cumberland
Reservoir Road
Route 114
Massachusetts Line
Cumberland
Route 120
Mendon Road
Massachusetts Line
E.The roads on which the transportation of extremely hazardous waste is prohibited as listed in § 1.8.4(B) of this Part shall be posted conspicuously in the cab of each vehicle registered to the permittee.
F.Extremely hazardous waste that is generated on roads on which the transportation of extremely hazardous waste is prohibited may be transported on these roads with prior permission of the Director.
G.In the event of a spill of hazardous waste by the transporter, he shall notify the Department immediately of the spill. In all cases of spills, the transporter shall immediately take steps to contain and clean up the hazardous waste.
H.The transporter shall submit to the Department as part of the application the following:
1.A description of the procedures that shall be employed by the transporter, pursuant to § 1.8.9 of this Part in responding to spills or other emergency situations that could arise during transporters' operations. Specific references shall be made to:
a.The training or instruction that the hazardous waste transporter personnel shall receive,
b.The emergency and safety equipment required to be on the transportation unit at all times, and
c.The arrangements for emergency services.
2.A description of the absorbent material to be used for the cleanup of liquids.
I.The transporter of hazardous wastes that are received in Rhode Island or that are destined for delivery to hazardous waste management facilities within Rhode Island shall not accept these wastes unless the containers of these wastes are labeled in accordance with § 1.7 of this Part.
J.The transporting vehicle shall be marked on both sides and the back with the name and permit number of the transporter. These markings shall be painted on the vehicle in permanent contrasting colors and shall be visible and legible from a distance of fifty (50) feet (marking size shall be no less than three inches in height). The official waste transporter decal(s) provided by the Department shall be kept clean and legible.
K.Transporters of hazardous wastes into the United States or who mix wastes of different USDOT descriptions into a single container shall comply with all generator Rules and Regulations.
L.Hazardous waste transporters who deliver hazardous wastes to other hazardous waste transporters shall comply with the provisions of 40 C.F.R. § 263.20(d).
M.Transporters of hazardous wastes to foreign countries shall comply with 40 C.F.R. § 263.20(g).
N.These Rules and Regulations as applied to transporters of hazardous waste by water (bulk shipment) are modified by 40 C.F.R. 263.20(e) and 40 C.F.R. § 263.22(b).
O.These Rules and Regulations as applied to transporters of hazardous wastes by rail are modified by 40 C.F.R. § 263.20(f) and 40 C.F.R. § 263.22 (c).
P.Transporters hauling septage shall maintain records indicating the source and estimated volume of septage picked up, the date of shipment, and the receiving Publicly Owned Treatment Works (POTW). All septage shall be delivered to a properly licensed POTW for disposal, unless the Department has given written permission for an alternate method of disposal.
1.8.5Manifest Handling:
A.The transporter of hazardous waste shall not accept any hazardous waste, except septage or used oil, unless the generator section of the Manifest has been completed by the generator.
B.The hazardous waste transporter shall inspect the waste before accepting the waste to ensure the following:
1.The number of containers matches the number indicated in the generator section of the Manifest.
2.All containers are labeled as required by § 1.7 of this Part.
3.The total quantity of waste, as can be best estimated, matches the quantity indicated in the generator section of the Manifest.
4.That all containers appear sound, free of leaks and for containers of liquid, that they are liquid tight.
C.The hazardous waste transporter shall complete the transporter's section of the Manifest, sign the Manifest, and leave the manifest copy referenced in the Waste Shipment Requirements (§§ 1.7.12(L), 1.7.13(J) or 1.7.14(J) of this Part as appropriate).
D.The hazardous waste transporter shall keep the completed Manifest, minus the copy given to the generator, with the hazardous waste until received by the consignee.
E.The hazardous waste transporter will, upon receipt of the hazardous waste by the consignee, remove the transporter copy for his records and turn over the remaining copies to the consignee.
F.Copy 5 of the Manifest shall be kept by the hazardous waste transporter for a period of three years from the date of the receipt of that waste. The transporter may maintain paper copies or digital copies so long as the digital copies comply with manifest requirements of 40 C.F.R. § 263.22.
G.The hazardous waste transporter shall deliver the hazardous waste only to the facility designated on the Manifest. If this is not possible, he/she shall contact the generator for further instructions and revise the Manifest in accordance with the generator's instructions.
H.The hazardous waste transporter will obtain the date and signature of the facility operator at the time of transfer of the waste to the facility.
I.40 C.F.R. § 263.20(h) does not apply to hazardous waste transporters.
1.8.6Record Keeping:
The hazardous waste or septage transporter shall keep all pertinent records relating to the transportation of hazardous waste or septage for a period of three years after the waste has been delivered to a designated facility, or for such longer periods as is required in an unresolved enforcement action.
1.8.7Personnel, Equipment:
A.The transporter of hazardous waste shall provide adequate personnel to ensure the activities conducted are in compliance with all applicable laws and regulations.
B.The hazardous waste transporter shall make provisions to prevent personnel from wearing clothing that is contaminated with hazardous waste.
C.The hazardous waste transporter shall have all equipment necessary for transporting the hazardous waste in accordance with these rules and this equipment shall be on the transportation unit, available to the driver, at all times. All equipment shall be maintained in such a manner that it shall be fit for the purposes for which it was intended by the manufacturer.
1.8.8Inspections:
A.The transporter shall have each transportation unit listed on the application self-inspected annually prior to the receipt or renewal of the permit.
B.The inspection shall include but not be limited to inspection of:
1.Confirmation of USDOT Motor Carrier Safety Regulation vehicle inspection requirements per 49 C.F.R. § 396.17 and Appendix G of Subchapter B.
2.Proper identification of the transporter clearly painted on the transportation unit, including permit number.
3.Proper vehicle registration(s).
4.Soundness of containment structure (tank, roll-off box trailer, etc.).
5.Ability of tank or other liquid containers and any valves, hoses, pipes, etc., to hold liquids without leaking.
6.Prohibited roads posted (hazardous waste transporters only).
7.Emergency procedure posted.
8.Communication.
9.Protective clothing.
10.Eyewash (at least one pint).
11.First-aid supplies.
12.Absorbent material.
13.Confirmation of USDOT tanker retesting and inspection (if applicable), as required by 49 C.F.R. § 180.352.
14.Fire Extinguisher
15.Shovel
C.The transporter shall maintain all transportation units used in transportation of hazardous waste or septage, and listed on the application, to ensure continual compliance with all of the requirements of these Rules and Regulations.
1.8.9Safety, Accidents
A.Hazardous waste transporters shall be equipped with such safety equipment as to minimize chance of fire and explosion and to protect the health and safety of personnel associated with the transportation of hazardous waste and any other person who might come into contact with the waste.
B.The transporter shall have safety equipment available for use during spills, fires and other emergencies, including a suitable means of communication for summoning aid in an emergency. The transporter shall have and maintain, but not be limited to, the following safety equipment:
1.Protective clothing and equipment to enable personnel associated with the transportation to work safely with the wastes that are accepted by the transporter.
2.One eyewash apparatus (at least one pint) per vehicle that is readily available in case of emergency.
3.First-aid supplies that are readily available in case of emergency.
4.Absorbent Material.
5.Fire Extinguisher.
6.Shovel.
C.The transporter shall make provisions for prompt control of fires, spills and other emergencies.
D.The transporter shall prepare procedures for personnel to follow in the case of spills of hazardous waste or septage and in the case of fire and other emergencies. The transporter shall post these procedures in a conspicuous place in their transportation unit. In addition, the hazardous waste transporter shall train and instruct personnel associated with the transportation of hazardous waste in these procedures. The hazardous waste transporter shall maintain records of the training and instruction programs that are held.
E.The transporter shall collect hazardous waste or septage that is accidentally discharged from a designated hazardous waste or septage vehicle. The transporter shall collect soil contaminated by such discharge. Such collection shall be as rapid and thorough as possible. The hazardous waste transporter shall handle and dispose of such waste and soil in compliance with these Rules and Regulations.
F.The transporter shall report immediately to the Rhode Island Department of Environmental Management all accidental discharges/spills of hazardous wastes or septage or any other incident or accident that results or could result in a hazard to the public health and safety, or to the environment within the State of Rhode Island. The hazardous waste transporter shall also comply with the notification procedures and incident reports required by 49 C.F.R. §§ 171.15 and 171.16 regarding accidental discharge or spillage of hazardous materials or wastes. The Director may require that a written report of the incident or accident be provided to him.
1.8.10Decontamination:
Equipment used to handle hazardous waste; including, but not limited to, storage containers, processing equipment, trucks and loaders that are contaminated with hazardous waste; shall be decontaminated prior to being serviced or used for transportation of non-hazardous waste if servicing or use of contaminated equipment would cause a hazard to any person. Contaminated wash water, waste solutions or residues generated from washing or decontaminating the equipment shall be collected and disposed of as hazardous wastes in compliance with these rules.
1.8.11Containerization of Hazardous Waste:
The transporter of hazardous waste shall not handle containerized hazardous waste unless the containers are constructed and maintained in accordance with the requirements of 49 C.F.R Part 178 Transportation.
1.8.12Powder, Dust, Fine Solids:
To prevent hazardous waste from being blown by the wind, hazardous waste in the form of powder, dust or a fine solid shall be handled, stored and disposed of in covered containers.
1.8.13Gases, Mists, Vapors:
Hazardous wastes that are capable of releasing hazardous gases, mists or vapors in excess of existing air quality standards or where the emitted hazardous materials could result in a hazard to public health and safety or the environment shall be handled in covered containers.
1.8.14Spill Control Equipment:
The hazardous waste transporter, when transporting liquid hazardous waste in containers, shall have absorbent mats or materials on the vehicles capable of absorbing ten percent of the hazardous wastes in the event of a leak or spill. When transporting liquid hazardous waste in tank trucks, the hazardous waste transporter shall have a shovel and absorbent mats or materials on the vehicle capable of absorbing small leaks as may occur when hoses are disconnected.
1.8.15Temporary Storage of Waste by Transporters:
A.The following standards apply to transporters that temporarily store wastes in their vehicles. For standards for temporary transfer and storage facilities, see § 1.11 of this Part.
1.A permitted transporter of hazardous waste may store such waste in their vehicle at their business location, without the business having a Hazardous Waste Temporary Transfer and Storage Facility Letter of Authorization, for up to and not exceeding seventy-two (72) hours, excluding Sundays and federal and Rhode Island legal holidays, provided the following conditions are met:
a.No waste is loaded onto or unloaded from the vehicle, even for the purpose of consolidation of loads.
b.The site and vehicle are secured to prevent unauthorized access.
2.Temporary storage of hazardous waste or used oil in the transporting vehicle at the location of a breakdown of the vehicle will only be allowed if the transporter notifies the Department of the location of the vehicle and the estimated time for repairs.
3.Transporters that operate Temporary Transfer and Storage Facilities shall comply with the requirements outlined in § 1.11 of this Part.
1.8.16Inspection; Right of Entry:
A.Pursuant to R.I. Gen. Laws § 23-19.1-12, the Director may:
1.Enter any hazardous waste management facility, or any place that the Director has reason to believe hazardous wastes are generated, stored, treated, or disposed of;
2.Inspect vehicles that the Director has reasonable grounds to believe are being used for the transportation of hazardous wastes;
3.Inspect and obtain samples of any waste or other substance, labels, containers of waste or other substance, or samples from any portion of the facility and from any vehicle in which hazardous wastes are transported or in which the Director has reason to believe hazardous wastes are transported;
4.Inspect and copy records, reports, information, or test results kept or maintained at a hazardous waste management facility.
B.As per R.I. Gen. Laws § 23-19.1-12 any person obstructing or hindering, or in any way causing to be obstructed or hindered, the Director from the performance of his duties, or who shall refuse to permit the Director entrance to any premises, building, vehicle, plant or equipment, in the performance of his duties, shall be guilty of a misdemeanor and fined not more than five hundred dollars ($500.00).
1.8.17Hazardous Waste Generation Fee:
A.The hazardous waste transporter shall collect a fee for hazardous waste that is generated in Rhode Island.
B.The collected fee shall be in the amount of 2.3 cents per pound or 19 cents per gallon. The fee shall be paid for all eligible waste accepted for transportation within a quarter and is due no later than thirty (30) days after the end of the quarter. The fee shall be paid in the form of a check made payable to “Rhode Island General Treasurer” and shall be included with the quarterly transporter report as described in § 1.9.18 of this Part. The fees shall be collected and deposited in the Department’s Emergency Response Fund.
C.Non-hazardous Waste and waste bearing Rhode Island Fee Exemption Waste Codes (R011-R016) as defined in § 1.5 of this Part are exempted from the fee.
1.8.18Reporting requirements:
The hazardous waste transporter shall submit quarterly reports for all waste that is picked up from generators in Rhode Island using a Manifest. The report shall be prepared in accordance with the Department’s standard for quarterly reports. Each report shall contain the required data elements for all wastes accepted for transportation within that quarter and is due no later than thirty (30) days after the end of the quarter. If no waste is accepted during the quarter, the hazardous waste transporter shall notify the Department in writing that no eligible waste was transported in that period of time.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.9** Issuance, Renewal and Conditions of Facility Permits {#sec-250-ricr-140-10-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.9}
A.Applicability: This rule shall apply to treatment, storage and disposal facilities. This rule does not apply to:
1.Facilities that operate in accordance with the § 1.11 of this Part as temporary transfer and storage facilities.
2.Generators doing exempt treatment (evaporation units, totally enclosed treatment, emergency treatment) as described in § 1.7.2(A)(4) of this Part.
3.Generators performing corrective action in accordance with § 1.18 of this Part.
4.Generators treating wastewater in wastewater treatment units described in § 1.9(B)(1)(h) of this Part.
B.Incorporation of 40 C.F.R. Part 270 Federal Regulations regarding Treatment, Storage and Disposal Facilities
1.40 C.F.R. Part 270 is incorporated by reference in its entirety except as provided below and except as provided in § 1.18 of this Part and except as otherwise noted in these Rhode Island Hazardous Waste Regulations:
a.In 40 C.F.R. § 270.1(b) introduction, revise the third sentence to read “Treatment, storage, and disposal facilities (TSDs) are subject to permitting under RCRA.”
b.In the first sentence of 40 C.F.R. § 270.1(c), delete “in 40 C.F.R. Part 261”and substitute “in these Rhode Island Hazardous Waste Regulations”. In the second sentence of 40 C.F.R. § 270.1(c), delete “in § 270.2” and substitute “in these Rhode Island Hazardous Waste Regulations.” Also, add after the second sentence “No person shall construct, substantially alter, or operate any hazardous waste management facility, nor shall any person store, treat or dispose of any hazardous waste, except as exempted by these Rhode Island Hazardous Waste Regulations, without first obtaining a permit from the Director for the facility or activity.”
c.In 40 C.F.R. § 270.1(c) replace the sentence “Owners and operators of hazardous waste management units shall have permits during the active life (including the closure period) of the unit.” with “ Owners and operators of hazardous waste management units and all persons who shall construct, substantially alter, or operate hazardous waste treatment, storage or disposal facilities or who shall treat, store or dispose of hazardous waste (except as exempted by these regulations) shall first obtain operating permits from the Director for such activities and shall have permits during the active life (including the closure period) of the units or facilities.”
d.Delete 40 C.F.R. § 270.1(c)(1)(iii), 40 C.F.R. §§ 270.1(c)(2)(ii), and 270.1(c)(2)(ix). These exemptions do not apply in Rhode Island. In 40 C.F.R. § 270.1(c)(2)(iii), delete “40 C.F.R. § 261.4 and substitute “those parts of 40 C.F.R. § 261.4 adopted by Rhode Island.” In 40 C.F.R. § 270.1(c)(2)(vi), replace “ten days” with “seventy-two hours.” Also, add to the end of the provision: “Temporary Transfer and Storage Facilities shall meet the requirements specified in § 1.11 of this Part.
e.In 40 C.F.R. § 270.1(c)(2) add a sub-paragraph “(x) Owners and operators of facilities that accept, treat, and/or store only precious metal bearing waste and do not speculatively accumulate such waste [as defined in 40 C.F.R. § 261.1(c)]. These facilities are subject to the requirements of 40 C.F.R. Part 266 Subpart F.”
f.Delete existing language in 40 C.F.R. § 270.1(c)(2)(i) and replace with “Generators who accumulate hazardous waste on-site in accordance with Hazardous Waste Storage Requirements of § 1.7 of this Part.
g.In 40 C.F.R. § 270.1(c)(2)(v) delete existing language and replace with the following: “The owners or operators of elementary neutralization units as defined in 40 C.F.R. § 260.10. Also, the owners and operators of wastewater treatment units provided that all of the following conditions are met for each unit:
(1)The unit receives and treats or stores an influent wastewater that is a hazardous waste or generates and accumulates a wastewater treatment sludge that is a hazardous waste or treats or stores a wastewater treatment sludge that is a hazardous waste.
(2)The unit is being used to legitimately treat only wastewater, as defined at 47 Fed. Reg. 4706 (Feb. 2, 1982) (note: Concentrated hazardous wastes are not covered by this exemption. The disposal of concentrated hazardous waste down the drain is prohibited.)
(3)The unit is a tank or tank system as defined in 40 C.F.R. § 260.10 (e.g., wastewaters when stored or transported in containers are not covered by the exemption),
(4)the unit has a current ongoing discharge to surface waters or the sewers that is on-site and is subject to regulation under Section 402 or 307(b) of the Federal Clean Water Act and R.I. Gen. Laws § 46-12-5, as amended (e.g., zero discharge units such as evaporators are not covered by this exemption).
(5)The unit has been specifically described in a water permit application (e.g., in a schematic diagram) and specifically referenced in a water permit as being part of the facilities subject to regulation under the Federal Clean Water Act and R.I. Gen. Laws § 46-12-5 (e.g., tanks used to store hazardous wastewaters or sludges not covered by a water permit application and permit are not covered by this exemption). Provided that any sludge or other waste materials generated from an elementary neutralization unit or a wastewater treatment unit shall be managed as a hazardous waste if such sludge or waste material meets the criteria of a hazardous waste. The full Hazardous Waste Regulations apply to such sludge or other waste material when it leaves the exempted elementary neutralization unit or exempted wastewater treatment unit, e.g., when a sludge is stored in containers on-site. For zero discharge units, the hazardous waste requirements apply both to any hazardous wastewaters and to any hazardous sludges, when either is generated.”
h.In 40 C.F.R. § 270.1(c)(2)(viii)(C) delete the word “and”.
i.Add 40 C.F.R. § 270.1(c)(2)(viii)(E): “Used electronics as described in § 1.14.2 of this Part.”
j.Add 40 C.F.R. § 270.1(c)(2)(viii)(F): “Silver-containing photo fixing solutions as described in § 1.14.3 of this Part.
k.Add as 40 C.F.R. § 270.1(c)(2)(xi): “The re-use, recycling, or reclamation of hazardous waste when exempted from permitting by 40 C.F.R. § 261.6 as incorporated by reference with limitations in the “Hazardous Waste” definition in § 1.5 of this Part.
l.Add as 40 C.F.R. § 270.1(d): “Additional Permit restrictions for landfills and/or incinerators. In addition to the other requirements incorporated by the Rhode Island Hazardous Waste Regulations:
(1)Operating permits will be granted only for those incinerator or landfill facilities that the applicant can show, by a preponderance of evidence, will be located, designed, constructed and operated so as to prevent all of the following:
(AA)Endangerment of an underground drinking water source beyond the facility boundary.
(BB)Endangerment of an aquifer that has been designated as a sole source aquifer.
(CC)Contamination of soil, groundwater, or surface water by discharge by any surface or sub-surface means causing a violation of any Rule or Regulation or standard of any federal or Rhode Island agency.
(2)Operating permits will not be granted for incinerator and/or landfill facilities which are to be located or are located in a one-hundred-year flood plain, a wetland, the direct recharge area of an existing or planned surface or groundwater community water system, the direct recharge area of a sole source aquifer or a coastal high hazard area, an active fault area or critical habitat.
(3)Operating permits will be granted only for those incinerator and/or landfill facilities for which an easement is granted to the state of Rhode Island. This easement shall be recorded in the land evidence records in the city or town where the land is located, shall describe the entire facility, and have as its purposes the identification of the facility and its use as a hazardous waste disposal and/or treatment facility and the allowance of access to the property by the Director for the purpose of inspection, testing and investigations relating to protection of public health and the environment.”
m.In 40 C.F.R. § 270.2 delete the definition of “Existing hazardous waste management (HWM) facility or existing facility” and replace with: “Existing hazardous waste management (HWM) facility or existing facility means a hazardous waste management facility that is in operation on or before November 19, 1980.”
n.In 40 C.F.R. § 270.2 delete the definition of “New Hazardous Waste Management (HWM) facility or new facility” and replace with: “New Hazardous Waste Management (HWM) facility or new facility means a hazardous waste management facility that began operation after November 19, 1980.”
o.In 40 C.F.R. § 270.2 “Permit” definition, delete the words “and standardized permit (subpart J of this Part)”.
p.In 40 C.F.R. § 270.2 delete the “Standardized permit” definition.
q.Delete 40 C.F.R. § 270.10(a)(5) and (a)(6).
r.Add as 40 C.F.R. § 270.10(c)(1): “The combined application and permit fee shall be twenty-five thousand dollars ($25,000) for the issuance of a new permit and ten thousand dollars ($10,000) for the renewal of a permit. Additional charges, if any, shall be determined by R.I. Gen. Laws § 23-19.1-14, as in effect at the time.”
s.Delete 40 C.F.R. § 270.10(e)(1)(iii).
t.In 40 C.F.R. §§ 270.10(f)(1) and 270.10(f)(2), delete the wording “Except as provided in paragraph (f)(3) of this section,” and delete 40 C.F.R. § 270.10(f)(3).
u.Delete 40 C.F.R. § 270.10(h)(2).
v.Delete the contents of 40 C.F.R. § 270.10(l). Rhode Island has not adopted the exemption addressed by that federal provision. Instead, add as 270.10(l) the following Rhode Island provision regarding inspections: “Inspections
(1)The Department shall make or cause to be made such inspections, take such tests and samples and make such investigations as it deems necessary at an applicant’s facility.
(2)The Department or other designated authorized personnel shall conduct inspections and shall have the right to enter without prior notice to inspect any hazardous waste management facility or proposed hazardous waste management facility for which an application has been received. Any application shall constitute permission for and willingness to comply with inspections, tests and investigations by the Director or his agents.
(3)The Department shall be afforded reasonable opportunity by the applicant to view the facility, examine records, obtain such required information as may be needed for inspection, testing and investigation, including the monitoring of any substances, and requiring the submission of reports. Refusal to allow reasonable inspections, tests or investigations or to submit reports shall constitute valid grounds for denial of a permit.”
2.In 40 C.F.R. § 270.13(j) replace the words “listed or designated under 40 C.F.R. Part 261” with the words “, as defined in § 1.5 of this Part and replace the words “such wastes” with the words “each of such wastes” for all instances.
3.In 40 C.F.R. § 270.13(l) add, after the last sentence, “The facility, at minimum, shall be outlined on a copy of the latest USGS Topographical Map.”
4.In 40 C.F.R. § 270.13 add a subparagraph “(o) For privately owned facilities, a list of the direct and indirect owners of the facility whether individual, partnership or corporation. For corporate owned facilities, include all officers, directors, and other persons owning ten percent (10%) or more of the corporate stock.”
5.In 40 C.F.R. § 270.13 add a sub-paragraph “(p) A list of all owners of property, including addresses, within 500 feet of the perimeter of the facility.”
6.In 40 C.F.R. § 270.13 add a sub-paragraph, “(q) All plans, drawings, and maps shall be stamped by a professional engineer or land surveyor, as appropriate, registered with the State of Rhode Island. All plans, drawings, and maps shall be scaled to fit a standard 24 x 36 inch sheet wherever possible and shall be submitted in duplicate.”
7.In 40 C.F.R. § 270.13 add a sub-paragraph, “(r) The EPA Identification Number (I.D. No.) for both facilities covered by the federal I.D. number system and facilities not covered under the federal I.D. number system, shall be obtained from the Department.”
8.In 40 C.F.R. § 270.14(b)(4) delete “, or a justification demonstrating the reasons for requesting a waiver of this requirement”.
9.In 40 C.F.R. § 270.14(b)(5) delete “264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 265.1086, and 264.1088”.
10.Replace 40 C.F.R. § 270.14(b)(6) with “(6) A description of the preparedness and prevention plan, as required by 40 C.F.R. Part 264 Subpart C.”
11.In 40 C.F.R. § 270.14(b)(7) delete “, and 264.200”. Rhode Island is not authorized to administer the referenced regulations under 40 C.F.R. Part 264, subparts AA, BB and CC (RCRA air emissions regulations). Rather, the EPA directly administers the subparts AA, BB and CC regulations in Rhode Island.”
12.Delete 40 C.F.R. §§ 270.14(b)(11)(i and ii), 270.230(d)(4), and 270.14(b)(18) (not applicable in Rhode Island).
13.In the 40 C.F.R. § 270.14(b)(19) introduction, replace the words “61.0 meters (200) feet” with the words “30.5 meters (100) feet” and prior to the phrase “The map shall clearly show the following:”, add the sentence “The contour interval shall also be sufficient to show patterns of surface drainage within 1000 feet of the perimeter of the facility.”
14.In each of 40 C.F.R. § 270.14(b)(19)(ii), (iv), and (xi) add the sentence, “Include all within 1000 feet of the perimeter of the facility.” Revise 40 C.F.R. § 270.14(b)(19)(iii) to read “Surface waters including intermittent streams, water courses, and watersheds of public surface water supplies; all within 1000 feet of the perimeter of the facility.”
15.In 40 C.F.R. § 270.14(b)(19)(vii) add the phrase, “Also, all property lines within 500 feet of the perimeter of the facility.”
16.Revise 40 C.F.R. § 270.14(b)(19)(ix) to read, “On-site wells and off-site public and private drinking water supply wells, within 1000 feet of the perimeter of the facility.”
17.In 40 C.F.R. § 270.14(b)(19) add a sub-paragraph, “(xiii) All water lines within 500 feet of the perimeter of the facility.”
18.In 40 C.F.R. § 270.14(b) add a sub-paragraph, “(23) For facilities that are not regulated units as defined in 40 C.F.R. § 264.90(a)(2), a groundwater monitoring plan capable of determining the facility's impact on the groundwater in the uppermost aquifer underlying the facility. This plan shall supply information equivalent to that required by 40 C.F.R. §§ 264.90-100 for regulated units. The Director may waive this requirement upon written request of the operator where documented and demonstrated evidence is provided that any leakage or spillage of hazardous waste to the ground will be minimized to the greatest extent possible.”
19.In 40 C.F.R. § 270.14(b) add a sub-paragraph, “(24) A description of the manifest handling procedures of the facility.”
20.In 40 C.F.R. § 270.14 add a sub-paragraph, “(e) All plans, drawings, and maps shall be stamped by a professional engineer or land surveyor, as appropriate, registered with the State of Rhode Island. All plans, drawings, and maps shall be scaled to fit a standard 24 x 36-inch sheet wherever possible and shall be submitted in duplicate.”
21.Delete 40 C.F.R. §§ 270.15(e), 270.16(k), 270.17(j), 270.24, 270.25, and 270.27. Rhode Island is not authorized to administer the referenced regulations under 40 C.F.R. Part 264, subparts AA, BB and CC (RCRA air emissions regulations). Rather, the EPA directly administers the subparts AA, BB and CC regulations in Rhode Island.”
22.In 40 C.F.R. § 270.15 add a new sub-paragraph, “(e) Where ignitable or reactive wastes are stored, a description of procedures used to ensure compliance with 40 C.F.R. § 264.176.”
23.Delete 40 C.F.R. § 270.22. Rhode Island has not adopted the requirements for boilers and industrial furnaces to which this provision relates. Rather, the EPA directly administers these requirements in Rhode Island.
24.Add the following as the new first paragraph of 40 C.F.R. § 270.30 (to precede the existing.
25.In 40 C.F.R. § 270.30 introductory paragraph): “The permit shall apply only to the facility in operation at the time the permit is issued. Separate permits shall be required for facilities that are located in separate geographic areas even though they are under the same management. Separate permits may be issued for distinct parts of a facility that can be identified as separate units.”
26.Add at the end of 40 C.F.R. § 270.30(a) “Whenever the Department determines that a permitted hazardous waste facility is not in compliance with all of the appropriate Rules and Regulations established by the Department, or that the permitted facility is not being operated in conformance with approved plans or permit conditions, it may order the permittee to take whatever corrective action is needed to secure compliance with the Rules and Regulations established by the Department.”
27.In 40 C.F.R. § 270.30(g) add the sentence “Any permit issued hereunder shall be the property of the State and loaned to a permittee and shall be maintained on the facility and kept visible.”
28.In 40 C.F.R. § 270.30(h) replace “records” with “records and reports”
29.In 40 C.F.R. § 270.30(i)(1), after the word “times”, add “, without prior notice,”
30.Add as 40 C.F.R. § 270.30(i)(5): “Perform tests and inspections as the Department deems necessary to determine compliance with permit.”
31.At the start of 40 C.F.R. § 270.30(l)(3), after the word “Transfers,.” add the sentence: “Prior to a change in ownership of the facility or legal entity operating the facility or location or discontinuance of services, the Director shall be notified.” Also, in 40 C.F.R. § 270.30(l)(3) in the second sentence after the word “Director” replace the word “may” with “shall”.
32.Add 40 C.F.R. § 270.30(n) “Inspection reports and correction of deficiencies
a.Hazardous waste facilities may be given prompt notice by the Department of deficiencies discovered as a result of an inspection, test or investigation.
b.The permittee, upon notification, shall be responsible to take immediate steps to correct any adverse impact on the environment resulting from noncompliance and shall not have a defense in any legal action that it would have been necessary to halt or reduce operations in order to achieve compliance.”
33.In 40 C.F.R. § 270.31 title replace “Requirements for recording and reporting of monitoring results” with “Permit Specifications”
34.Add as 40 C.F.R. § 270.31(d): “All reporting requirements of operational activities.”
35.Add as 40 C.F.R. § 270.31(e): “The name and location of the facility.”
36.Add as 40 C.F.R. § 270.31(f): “A complete description of the operations at the facility requiring a permit with particular attention paid to any operational limitations and design capacity.”
37.Add as 40 C.F.R. § 270.31(g): “A complete description of the hazardous wastes stored and/or treated and/or disposed of at the facility.”
38.Add as 40 C.F.R. § 270.33(a)(1)(i): “New facilities shall be in compliance with the Rhode Island Hazardous Waste Regulations prior to receiving an operating permit. Existing facilities may receive a permit prior to compliance with the Rhode Island Hazardous Waste Regulations only in those instances where a compliance schedule is an integral part of the permit.”
39.In 40 C.F.R. § 270.40(b) delete from the first sentence “or as a routine change with prior approval under 40 C.F.R. § 124.213.” Also, add after the third sentence (after the word “Director.”): “The new entity, prior to commencing as owner or operator of the facility, shall also submit to the Director information indicating its technical ability to safely operate the facility, its financial ability to maintain such facility, and any additional information the Director may request. After a review of this information, the Director shall either approve or disapprove the transfer of the permit.” Also, add just prior to the fourth sentence (before the word “When”): “If the Director approves of the transfer of the permit, the original permittee shall remain fully liable under the terms of the permit and under the requirements of the Rhode Island Hazardous Waste Regulations until the Director has transferred the operating permit to the new owner or operator.”
40.Change title of 40 C.F.R. § 270.41 to “Modification or revocation and reissuance or suspension of permits.”
41.In 40 C.F.R. § 270.41(a)(2) add as a new ending sentence “This shall include any information indicating the cumulative effects on the environment are unacceptable.”
42.Delete 40 C.F.R. § 270.41(b)(3).
43.Add 40 C.F.R. § 270.41(d): “Causes for suspension. The following is cause to suspend a permit: Cause exists for termination under 40 C.F.R. § 270.43 and the Director determines that suspension is appropriate.
44.Revise 40 C.F.R. § 270.43(a)(2) to read “The permittee’s failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time, or that there had been a conviction or plea, relative to a crime committed, as set forth in R.I. Gen. Laws § 23-19.1-10(p) and (d-f); or”.
45.Add as 40 C.F.R. § 270.43(a)(4): “Refusal to allow reasonable inspections, tests or investigations or to submit reports shall constitute valid grounds for denial or revocation of a permit”.
46.Add as 40 C.F.R. § 270.43(a)(5): “the permittee’s offering, conferring or agreeing to confer any benefit to induce any other person to violate the provisions of the “Rhode Island Hazardous Waste Management Act”, or the provisions of these Rhode Island Hazardous Waste Regulations, or the provisions of any other law, rule or regulation relating to the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste, per R.I. Gen. Laws § 23-19.1-10(p)(3)(ii).” Add as 40 C.F.R. § 270.43(a)(6): “The permittee’s coercion of a customer by violence or economic reprisal or threat to deny a customer the use of the permittee’s services, per R.I. Gen. Laws § 23-19.1-10(p)(3)(iii).”
47.Add as 40 C.F.R. § 270.43(a)(7): “The permittee’s preventing, without the Director’s authorization, any transporter or other permittee from delivering solid waste or hazardous waste to its facility or to another licensed Treatment, storage, or disposal facility, per R.I. Gen. Laws § 23-19.1-10(p)(3)(iv).”
48.Add as 40 C.F.R. § 270.43(c): “Change in location of the facility. A permit shall immediately become void and shall be returned to the Director upon change in facility location.”
49.Add as 40 C.F.R. § 270.43(d): “A permit shall immediately become void and shall be returned to the Director upon the sale of the facility or change in ownership of the legal entity operating the facility, unless the change has been approved by the Director under 40 C.F.R. § 270.40.”
50.Add as 40 C.F.R. § 270.43(e): “Per R.I. Gen. Laws § 23-19.1-10(k), the permittee may appeal the Director’s decision to revoke his permit, subject to the “Rules and Regulations for the Administrative Adjudication Division” (Part 10-00-1 of this Title). Such appeal shall be in writing and shall be filed with the clerk of the AAD within fifteen (15) calendar days of the permittee’s receipt of the notice of revocation of the permit. The appeal shall be heard before an AAD hearing officer.
51.Replace 40 C.F.R. § 270.50(a)–(d) with “Permits for hazardous waste facilities shall be issued for a period not to exceed five (5) years from the date of expiration of the expiring permit and may be extended or renewed by the Director for a period not to exceed ten (10) years from the date upon which the original permit was effective. A new permit is required at the end of the ten-year period and a complete application for that permit shall be received prior to 180 days from the expiration date of the present permit.”
52.In 40 C.F.R. § 270.51 “Continuation of expiring permits”, replace the text of 40 C.F.R. § 270.51 with the following: “Relative to expiring permits, a “timely” application is one that is submitted more than 180 days prior to the permit expiration date. If a permittee has submitted a timely and complete renewal application (for the renewal of a five (5) year expiring permit) or a timely and complete new application (required every ten years of operation), then the terms and conditions of the expiring RCRA permit continue in force beyond the expiration date of the existing permit, if required during the permitting process, but only until the effective date of the State’s issuance or denial of the RCRA permit currently applied for. Otherwise, the terms and conditions of the expiring RCRA permit do not continue in force beyond its expiration date and the permit to operate shall be considered to be expired.”
53.Add as 40 C.F.R. § 270.52 “Renewal of permits. This section applies to the renewal of permits at the end of their initial five-year terms, for an additional five years. Permits reissued to existing facilities at the end of prior permits’ full ten-year terms are considered new permits and comply with the requirements for new permits set forth elsewhere in these regulations.
a.The Office of Land Revitalization and Sustainable Materials Management shall hold a public comment period and hearing, prior to renewal of any permit.
b.Within fifteen (15) days following the preparation of a draft renewal permit, the Office of Land Revitalization and Sustainable Materials Management shall give notice of the preparation of a draft renewal permit and a public comment period and hearing. Any changes in permit conditions shall be described in the notice. Such notice shall be published in a newspaper of general circulation in the area affected, and shall also be sent by mail directed to the last known address of the following persons (any person otherwise entitled to receive such notice may waive his or her right to receive the notice): the applicant, all persons requesting such notification in writing, all property owners within five hundred feet (500') of the perimeter of the site of the facility, and the city or town where the hazardous waste management facility is located, including the mayor or town manager and the city or town council president, EPA, federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation and State Historical Preservation Officers. The list of property owners within five hundred feet of the site shall be provided by the applicant to the Office of Land Revitalization and Sustainable Materials Management. The notice shall include the beginning and ending dates for the comment period, the address where comments will be received, and the name and telephone number of a person to contact for further information.
c.No earlier than sixty (60) days nor later than seventy-five (75) days following the public notice of the preparation of a draft renewal permit, a hearing shall be held to receive public comment. Comments from the applicant and/or any interested persons shall be recorded at the public hearing. Written comments, that also shall be considered part of the record, may be submitted at least thirty days prior to the public comment hearing and until thirty (30) days following the close of the public comment hearing that shall constitute the public comment period.
d.Within ninety (90) days after the close of the public comment period, the Office of Land Revitalization and Sustainable Materials Management shall issue or deny the renewal permit. The renewal permit (including any changes in permit conditions) or denial shall be in writing and shall be accompanied by a response to each substantive public comment. In the case of a denial, the Office of Land Revitalization and Sustainable Materials Management will cite each statutory or regulatory requirement that the applicant did not satisfy. Renewal permits shall be issued only upon a showing that the applicant meets conditions regarding proof of financial assurance, evidence of adequate liability insurance, and the other conditions as required by these regulations. The renewal permit or the denial shall be sent to the applicant and a copy of the same shall be sent to the municipality where the facility or proposed facility is located or proposed to be located. Notice of the permit decision shall also be sent to each person who submitted written comments or requested notice of the final permit decision, and a copy of the renewal permit or denial shall be sent to such persons, upon request.
e.If the decision of the Office of Land Revitalization and Sustainable Materials Management is to deny the renewal permit, the permittee, as per R.I. Gen. Laws § 23-19.1-10(k), may appeal this decision to the Department’s Administrative Adjudication Division (AAD), subject to “Rules and Regulations for the Administrative Adjudication Division” (Part 10-00-1 of this Title). Such appeal shall be in writing and shall be filed with the clerk of AAD within fifteen (15) calendar days of the permittee’s receipt of the notice of denial of the renewal permit. The appeal shall be heard before an AAD hearing officer.
54.Delete 40 C.F.R. § 270.60(a) wording and replace it with “Ocean disposal of hazardous waste is prohibited in Rhode Island and therefore is not eligible for a permit.”
55.In 40 C.F.R. § 270.60(b)(1) change “Has a Permit for underground injection” to “Has been issued a permit by the Department’s Underground Injection Control Program for a remediation overseen by the Department”.
56.Delete 40 C.F.R. §§ 270.63, 270.64, 270.65, 270.66, 270.67, 270 Subpart I, and 270 Subpart J. The reduced requirements referenced by these regulations have not been adopted by Rhode Island.
57.Add to 40 C.F.R. § 270.72(a)(1) after the word “disposal” the phrase “and if the Director approves such application”.
58.In 40 C.F.R. § 270.72(a)(4) add after the first sentence (after the word “change.”) “The new entity, prior to commencing as owner of operator of the facility, shall also submit to the Director information indicating its technical ability to safely operate the facility, its financial ability to maintain such facility, and any additional information the Director may request. After a review of this information, the Director shall either approve or disapprove the transfer of the permit.”
59.Delete 40 C.F.R. § 270.42(l).
C.Incorporation of 40 C.F.R. Part 124 Federal Regulations regarding Treatment, Storage and Disposal Facilities - 40 C.F.R. Part 124 is incorporated by reference in its entirety except as provided below: These regulations apply to the issuance of new permits, including permits issued to existing facilities at the end of prior permits’ full ten-year terms. Procedures for the renewal of permits at the end of their initial five-year terms, for an additional five years, are specified in 40 C.F.R. § 270.52 of these regulations.
1.Delete 40 C.F.R. §§ 124.1, 124.2, 124.4, 124.7, 124.9, 124.13, 124.14, 124.16, 124.18, 124.20, 124.21, and 124 Subparts C – D. These provisions do not apply to RCRA and/or to State programs. Also delete 40 C.F.R. Part 124 Subpart G. Rhode Island has not adopted the reduced standardized permit requirements of Subpart G.
2.Delete 40 C.F.R. § 124.3 and replace with the following: “40 C.F.R. § 124.3 Application for a permit
a.Application Requirements
(1)Any person who requires a permit under the RCRA program shall complete, sign, and submit to the Director an application for each permit required under 40 C.F.R. § 270.1. Applications are not required for POTW RCRA permits by rule (40 C.F.R. § 270.60).
(2)The Director shall not begin the processing of a permit until the applicant has fully complied with the application requirements. See 40 C.F.R. §§ 270.10, 270.13, and 270.14.
(3)Permit applications shall comply with the signature and certification requirements of 40 C.F.R. § 270.11.
(4)Upon receipt of a permit application for a new facility, the Director shall notify the chief executive officer and the city or town council president of the municipality where the facility is proposed to be located of the receipt of such application.”
(5)The Director shall review the application for completeness. Upon completing the review, the Director shall notify the applicant in writing as to whether or not the application is complete. For any application deemed deficient, the Director shall provide a statement of the deficiencies, listing the information needed to make the application complete. After the application is completed, the Director may request additional information needed to clarify, modify, or supplement previously submitted information.
(6)If the applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken.
3.Delete 40 C.F.R. § 124.5 and replace with the following: “40 C.F.R. §124.5 Modification, revocation and reissuance, suspension, or termination of permits.
a.Permits may by modified, revoked and reissued, suspended, or terminated either at the request of any interested person (including the permittee) or upon the Director’s initiative. However, permits may only be modified, revoked and reissued, suspended, or terminated for the reasons specified in 40 C.F.R. § 270.41 (except for 40 C.F.R. §§ 270.41(b)(3)) and 270.43 (as adopted and revised by these Regulations). All requests shall be in writing and shall contain facts or reasons supporting the request.
b.If the Director decides the request is not justified, he or she shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and re-issuance, suspension, or termination are not subject to public notice, public comment, or public hearings. Such denials may be appealed by requesting a hearing with the Department’s Administrative Adjudication Division (AAD).
c.Modification, Revocation and Re-issuance
(1)If the Director tentatively decides to modify or revoke and reissue a permit under 40 C.F.R. § 270.41 (other than under 40 C.F.R. §§ 270.41(b)(3)) or 270.42(c), he or she shall prepare a draft permit under 40 C.F.R. § 124.6 incorporating the proposed changes. The Director may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the Director shall require the submission of a new application.
(2)In a permit modification under this Part, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this Rule, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance preceding the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.
(3)Class 1 and 2 modifications as defined in 40 C.F.R. § 270.42 (a) and (b) are not subject to the requirements of this rule.
d.If the Director tentatively decides to terminate or suspend a permit under 40 C.F.R. §§ 270.43 or 270.41(d), he or she shall issue a written notice of intent to terminate or suspend. A notice of intent to terminate or suspend is considered a type of draft permit that follows the same procedures as any other draft permit prepared under 40 C.F.R. § 124.6.”
4.Delete 124.6 and replace with the following: “40 C.F.R. § 124.6 Draft permits and application denials
a.Once an application is complete, the Director shall tentatively decide whether to prepare and issue a draft permit or to deny the application. A draft permit shall not be issued nor shall public notice of a draft permit be issued if the application is incomplete. A permit application may also be denied for causes provided in R.I. Gen. Laws § 23-19.1-10(c) – (j) and (m), unless conditions in R.I. Gen Laws § 23-19.1-10(l) are satisfied.
b.If the Director tentatively decides to deny the permit application, he or she shall issue to the applicant a notice of intent to deny the application. A notice of intent to deny the application is considered a type of draft permit that follows the same procedures as any other draft permit prepared under 40 C.F.R. § 124.6. If the Director’s final decision (40 C.F.R. § 124.15) is that the tentative decision to deny the permit application is correct, that such final decision may be appealed by requesting a hearing with the Department’s Administrative Adjudication Division (“AAD”) under 40 C.F.R. § 124.19. If the Director’s final decision (40 C.F.R. § 124.15) is that the tentative decision to deny the permit application was incorrect, he or she shall withdraw the notice of intent to deny and proceed to prepare a draft permit under § 1.12(C)(4)(c) of this Part.
c.If the Director decides to prepare and issue a draft permit, he or she shall prepare and issue to the applicant a draft permit that contains the following information:
(1)All conditions under 40 C.F.R. §§ 270.30 and 270.32.
(2)All compliance schedules under 40 C.F.R. § 270.33.
(3)All monitoring requirements under 40 C.F.R. § 270.31; and
(4)Standards for treatment, storage, and/or disposal facilities and other preconditions under 40 C.F.R. § 270.30.
d.All draft permits shall be accompanied by a fact sheet required under 40 C.F.R. § 124.8 and shall be publicly noticed (40 C.F.R. § 124.10) and made available for public comment (40 C.F.R. § 124.11). The Director shall give notice of a public informational workshop (40 C.F.R. § 124.8) and public comment hearing (40 C.F.R. § 124.12), issue a final decision (40 C.F.R. § 124.15) and respond to public comments (40 C.F.R. § 124.17). An appeal may be taken under 40 C.F.R. § 124.19.”
5.Delete 40 C.F.R. § 124.8 and replace with: “40 C.F.R. § 124.8 Informational workshop and fact sheet.
a.Within fifteen (15) days after the date of the public notice of issuing the draft permit, the Office of Land Revitalization and Sustainable Materials Management shall hold an informational workshop. The purpose of the informational workshop shall be to discuss the type of facility or activity that is the subject of the draft permit or the intent to deny the application; the type and quantity of wastes that are proposed to be managed, processed and/or disposed; a brief summary for the basis for the draft permit or the intent to deny the application; proposed permit conditions, including references to applicable statutory or regulatory provisions; reasons why any requested variances or alternatives to required standards do or do not appear justified; a description of the procedures for reaching a final decision on the draft permit or the intent to deny the application, that shall include the beginning and ending dates for the comment period hereafter, the address where comments will be received, the nature of the public comment hearing, and any other procedures by which the public may participate in the final decision; and the name and telephone number of a person to contact for further information.
b.A fact sheet containing the information in 40 C.F.R. § 124.8(a) shall be provided to the applicant and to any other requesting person.”
6.Delete 40 C.F.R. § 124.10 and replace with: “40 C.F.R. § 124.10 Public notice of permit actions, informational workshop, public hearing, and public comment period.
a.Scope:
(1)The Director shall give public notice that the following actions have occurred:
(AA)A permit application has been tentatively denied under 40 C.F.R. § 124.6(b);
(BB)A draft permit has been prepared and issued under 40 C.F.R. § 124.6(c);
(CC) An informational workshop and public comment hearing under 40 C.F.R. §§ 124.8 and 124.12 respectively have been scheduled.
b.Timing:
(1)Public notice of the preparation and issuance of a draft permit or its tentative denial shall allow at least sixty (60) days for public comment; at least thirty (30) days prior to the public comment hearing and thirty (30) days following the close of the public comment hearing, that shall constitute the public comment period.
(2)Public notice of the informational workshop, public comment period, and public hearing shall be given following the issuance of the draft permit or notice of intent to deny the application. The date of the public notice shall be no more than fifteen (15) days prior to the holding of the informational workshop and shall be sixty (60) to seventy-five (75) days prior to the holding of the public comment hearing.
c.Methods:
(1)Public notice of activities described in paragraph § 1.9(A)(7)(a)((1)) of this Part shall be given by the following methods:
(AA)By mailing a copy of the written notice to the last known address of the following persons (any person otherwise entitled to receive a notice under this paragraph may waive his or her rights to receive this notice) - The applicant; EPA; Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation and State Historical Preservation Officers; Persons on a mailing list developed by including those who request to be on the list, soliciting persons for “area lists” from participants in past permit proceedings in that area and notifying the public of the opportunity to be put on the mailing list through periodic publication in a newspaper of general circulation and via other means that the Department decides to employ; All property owners within five hundred (500) feet of the perimeter of the facility’s site. This list of owners shall be provided by the applicant to the Office of Land Revitalization and Sustainable Materials Management; The city or town where the facility is located, including the mayor or town manager and the town or city council president.
(BB)By publication of a legal notice in a daily or weekly newspaper of general circulation in the area affected and by broadcast over local radio stations.
d.Contents:
(1)All public notices shall contain the following minimum information:
(AA)Name and address of the Office processing the permit action for which public notice is being given;
(BB)Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;
(CC)A brief description of the operations conducted at the facility or activity described in the permit application or draft permit;
(DD)Name, address and telephone number of a Department person from whom interested persons may obtain further information, relative to the draft permit or notice of intent to deny the application, the fact sheet, and the permit application;
(EE)A brief description of the comment procedures required by 40 C.F.R. §§ 124.11 and 124.12, the date, time and place of the informational workshop and public comment hearing, and other procedures by which the public may participate in the final permit decision;
(FF)Reference to the date(s) of any previous public notice(s) relating to the permit;
(GG)A brief description of the nature and purpose of the informational workshop and public comment hearing, including the applicable rules and procedures.
e.In addition to the public notice described in paragraph § 1.10(A)(6)(d) of this Part, the Department shall make available to the public the fact sheet required by 40 C.F.R. § 124.8, the permit application, and the draft permit or notice of intent to deny the application and shall notify the persons listed in paragraph § 1.9(A)(6)(c)((1)) of this Part that this information is available to them.”
7.Delete 40 C.F.R. § 124.11 and replace with the following:
a.“40 C.F.R. § 124.11 Public comments.
b.During the public comment period provided under 40 C.F.R. § 124.10, any interested person may submit written comments on the draft permit. All written comments shall be considered and made part of the record of public comment, along with a transcript of oral comments made at the public hearing. All comments shall be considered in making the final decision and shall be answered as provided in 40 C.F.R. § 124.17.”
8.Delete 40 C.F.R. § 124.12 and replace with the following: “40 C.F.R. § 124.12 Public hearings.
a.The Director shall hold a public comment hearing for each draft permit prepared. Public notice of the hearing shall be given as specified in 40 C.F.R. § 124.10.
b.Any person may submit oral or written statements and data concerning the draft permit.
c.Comments from the applicant and/or any other interested person shall be recorded at the hearing. A tape recording or written transcript of the hearing shall be made available to the public.”
9.Delete 40 C.F.R. § 124.15 and replace with the following: “40 C.F.R. § 124.15 Issuance or denial of permit or acceptance or denial of application Within ninety (90) days after the close of the public comment period, the Director shall issue or deny the permit or accept or deny the application, as appropriate. The permit or denial of the permit or acceptance or denial of the application, as appropriate, shall be in writing and shall be accompanied by a response to each substantive public comment. In the case of a denial, the Director will cite each statutory or regulatory requirement that the applicant did not satisfy. Permits shall be issued only with conditions including proof of financial responsibility (to include, per 40 C.F.R. Part 264 Subpart H, financial assurance for closure (and post-closure, if applicable) and liability coverage) and such other conditions as required by these regulations. The permit or its denial, or the acceptance or denial of the application, as appropriate, shall be sent to the applicant and a copy of the same shall be sent to the municipality where the facility or proposed facility is located or proposed to be located. Notice of the permit or application decision shall also be sent to each person who submitted written comments or requested notice of the final permit decision, and a copy of the permit shall be sent to such persons upon request.”
10.Delete 40 C.F.R. § 124.17 and replace with the following: “40 C.F.R. § 124.17 Response to public comments."
a.At the time that any final permit decision is issued under 40 C.F.R. § 124.15, the Director shall issue a response to public comments. The response shall:
(1)Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change(s); and
(2)Briefly describe and respond to all significant public comments raised during the public comment period or during the hearing.
b.The response to public comments shall be made available to the public.”
11.Delete 40 C.F.R. § 124.19 and replace with:
a.“40 C.F.R. § 124.19 Appeal of permit and application decisions
b.Any interested person, as per R.I. Gen Laws § 23-19.1-10(b)(5), may appeal the decision of the Office of Land Revitalization and Sustainable Materials Management to the Department’s Administrative Adjudication Division (“AAD”), subject to “Rules and Regulations for the Administrative Adjudication Division” (Part 10-00-1 of this Title) and subject to conditions in R.I. Gen. Laws §§ 23-19.1-10(b)(6) and (b)(7). All appeals shall be in writing and shall be filed with the clerk of the AAD within thirty (30) calendar days of receipt of notice of the contested permitting action, except that any permittee who receives a notice of intent to revoke a permit or deny a renewal permit shall have fifteen (15) days from the receipt of this notice to submit a written appeal to the clerk of the AAD, per R.I. Gen. Laws § 23-19.1-10(k). All appeals shall be heard before AAD hearing officers.”
12.Delete 40 C.F.R. § 124.31 and replace with the following: “40 C.F.R. § 124.31 Pre-application public meeting and notice."
a.Applicability: The requirements of this rule shall apply to all applicants seeking initial permits for hazardous waste management facilities, and shall also apply to those applicants seeking a new permit (i.e., every ten years). The requirements of this rule shall also apply to applicants seeking renewal of permits for such facilities, i.e., after five years of operation with an existing permit, only if the renewal application is proposing a significant change in facility operations. For the purposes of this rule, a “significant change” is any change that would qualify as a class 3 permit modification under 40 C.F.R. § 270.42. The requirements of this rule do not apply to permit modifications under 40 C.F.R. § 270.42 (public notice requirements for those modifications are detailed in 40 C.F.R. § 270.42) or to applications that are submitted for the sole purpose of conducting post closure activities or post-closure activities and corrective action at a facility.
b.Prior to the submission of a permit application for a hazardous waste management facility, the applicant shall hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
c.The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under paragraph § 1.9(A)(12)(b) of this Part, and copies of any written comments or materials submitted at the meeting, to the Department.
d.The applicant shall provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant shall maintain, and provide to the permitting agency upon request, documentation of the notice.
(1)The applicant shall provide public notice in all of the following forms: A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in paragraph § 1.9(A)(12)(d)((2)) of this Part, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Director shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the Director determines that such publication is necessary to inform the affected public. The notice shall be published as a display advertisement; A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph § 1.9(A)(12)(d)((2)) of this Part. If the applicant places the sign on the facility property, then the sign shall be large enough to be readable from the nearest point where the public would pass by the site; A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in paragraph § 1.9(A)(12)(d)((2)) of this Part, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Director; A notice to the permitting agency. The applicant shall send a copy of the newspaper notice to the Department and to the appropriate local government unit, in accordance with 40 C.F.R. § 124.10(c)(1)(vi).
(2)The notices required under paragraph § 1.9(A)(12)(d)((1)) of this Part shall include: The date, time, and location of the meeting; A brief description of the purpose of the meeting; A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location; A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and The name, address, and telephone number of a contact person for the applicant.”
13.Delete 40 C.F.R. § 124.32 and replace with the following: “40 C.F.R. § 124.32 Public notice requirements at the application stage.
a.Applicability. The requirements of this rule shall apply to all applicants seeking initial permits for hazardous waste management facilities and shall also apply to those applicants seeking a new permit (i.e. every ten years). The requirements of this rule shall also apply to applicants seeking renewal of hazardous waste management facility permits, i.e., after five years of operation with an existing permit, only if the renewal application is proposing a significant change in facility operations. For the purposes of this rule, a “significant change” is any change that would qualify as a class 3 permit modification under 40 C.F.R. § 270.42. The requirements of this rule do not apply to permit modifications under 40 C.F.R. § 270.42 (public notice requirements for those modifications are detailed in 40 C.F.R. § 270.42) or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
b.Notification at application submittal.
(1)The Director shall provide public notice as set forth in 40 C.F.R. § 124.10(c)(1)(iv) and (v), and notice to appropriate units of State and local government as set forth in 40 C.F.R. § 124.10(c)(1)(vi), that a permit application has been submitted to the Agency and is available for review.
(2)The notice shall be published within a reasonable period of time after the application is received by the Director. The notice shall include: The name and telephone number of the applicant's contact person; The name and telephone number of the permitting agency's contact office, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process; an address to which people can write in order to be put on the facility mailing list; The location where copies of the permit application and any supporting documents can be viewed and copied; A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and The date that the application was submitted.
c.Concurrent with the notice required under 40 C.F.R. § 124.32(b) of this subpart, the Director shall place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the Department’s office.“
14.Delete 40 C.F.R. § 124.33 and replace with the following: “40 C.F.R. § 124.33 Information repository.
a.Applicability. The requirements of this rule apply to all applications seeking initial permits, renewal permits (i.e., after five years of operation under an existing permit), and new permits (every ten years) for hazardous waste management facilities.
b.The Director may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the Director shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Director determines, at any time after submittal of a permit application, that there is a need for a repository, then the Director shall notify the facility that it shall establish and maintain an information repository. (See 40 C.F.R. § 270.30(m) for similar provisions relating to the information repository during the life of a permit).
c.The information repository shall contain all documents, reports, data, and information deemed necessary by the Director to fulfill the purposes for which the repository is established. The Director shall have the discretion to limit the contents of the repository.
d.The information repository shall be located and maintained at a site chosen by the facility. If the Director finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the Director shall specify a more appropriate site.
e.The Director shall specify requirements for informing the public about the information repository. At a minimum, the Director shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.
f.The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Director. The Director may close the repository at his or her discretion, based on the factors in paragraph § 1.9(A)(14)(b) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.10** Operational Requirements for Treatment, Storage and Disposal Facilities {#sec-250-ricr-140-10-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.10}
1.10.1Applicability:
This rule shall apply to Treatment, Storage and Disposal Facilities. This rule does not apply to facilities that operate in accordance with § 1.11 of this Part as Temporary Transfer and Storage Facilities.
1.10.2Incorporation of Federal Regulations regarding Treatment, Storage and Disposal Facilities
A.40 C.F.R. Part 264 is incorporated by reference in its entirety except as provided below, and except as provided in § 1.17 of this Part and except as otherwise noted in this Part:
1.Delete 40 C.F.R. §§ 264.1(c), 264.1(d), 264.1(g)(1), 264.1(g)(4), and 264.1(g)(12). These exemptions do not apply in Rhode Island.
2.Delete existing language in 40 C.F.R. § 264.1(g)(3) and replace with “A generator accumulating hazardous waste on-site in accordance with § 1.7 of this Part.
3.Delete 40 C.F.R. § 264.1(f), since the State of Rhode Island rather than the EPA is directly operating the RCRA program in Rhode Island. However, the Part 264 requirements do apply in Rhode Island because they have been incorporated by reference by these Rules and Regulations, with exceptions as noted.
4.Add as 40 C.F.R. §§ 264.1(g)(5)(i), 264.1(g)(6)(i), and 264.1(g)(10)(i) “Operations shall be carried out in a system where equipment has been designed, engineered, and constructed so as to protect human health and the environment, and so as to comply with all requirements within OSHA standards.”
5.Delete existing language in 40 C.F.R. § 264.1(g)(6), and replace with the following: “The owner or operator of an elementary neutralization unit as defined in 40 C.F.R. § 260.10. Also, the owner and operator of a wastewater treatment unit provided that all of the following conditions are met:
a.The unit receives and treats or stores an influent wastewater that is a hazardous waste or generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in these Rhode Island Hazardous Waste Regulations or treats or stores a wastewater treatment sludge that is a hazardous waste, and
b.The unit is being used to legitimately treat only wastewater, as defined at 47 Fed. Reg. 4706 (Feb. 2, 1982). (Note: concentrated hazardous wastes are not covered by this exemption. The disposal of concentrated hazardous waste down the drain is prohibited), and
c.The unit is a tank or tank system as defined in 40 C.F.R. § 260.10 (e.g., wastewaters when stored or transported in containers are not covered by the exemption), and
d.The unit has a current ongoing discharge to surface waters or the sewers that is on-site and is subject to regulation under §§ 402 or 307(b) of the Federal Clean Water Act and R.I. Gen. Laws § 46-12-5 (e.g., zero discharge units such as evaporators are not covered by this exemption, but rather shall comply with the RCRA requirements for generators or Treatment, Storage and Disposal Facilities, as applicable, in addition to any requirements specified in any permit issued by a water program by the Department’s Office of Water Resources or a publicly owned treatment facility), and
e.The unit has been specifically described in a water permit application (e.g., in a schematic diagram) and specifically referenced in a water permit as being part of the facilities subject to regulation under the Federal Clean Water Act and R.I. Gen. Laws § 46-12-5 (e.g., tanks used to store hazardous wastewaters or sludges not covered by a water permit application and permit are not covered by this exemption). Provided that if the owner or operator of either an elementary neutralization unit or a wastewater treatment unit is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined 40 C.F.R. § 268.40, Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator shall comply with the requirements set out in 40 C.F.R § 264.17(b). Provided also that any sludge or other waste materials generated from an elementary neutralization unit or a wastewater treatment unit shall be managed as a hazardous waste if such sludge or waste material meets the criteria of a hazardous waste. The full hazardous waste regulations apply to such sludge or other waste material when it leaves the elementary neutralization unit or wastewater treatment unit, e.g., when a sludge is stored in containers on-site. For zero discharge units, the hazardous waste requirements apply both to any hazardous wastewaters and to hazardous sludges, when either is generated.”
6.In 40 C.F.R. § 264.1(g)(9) replace “ten days” with “seventy-two hours”. Also, add to the end of this provision: “Temporary Transfer and Storage Facilities shall meet the requirements specified in § 1.11 of this Part.”
7.In 40 C.F.R. § 264.1(g)(11)(iii) delete “and”.
8.Add 40 C.F.R. § 264.1(g)(11)(v) “Used electronics as described in § 1.14.2 of this Part.”
9.Add 40 C.F.R. § 264.1(g)(11)(vi) “Silver-containing photo fixing solutions as described in § 1.15.3 of this Part.”
10.In 40 C.F.R. § 264.1(j)(7) replace “264.18(b)” with “264.18(b), except for 264.18(b)(1)(ii), including (A) – (D)”.
11.Add to 40 C.F.R. § 264.10 the sub-paragraph “(c) Owners and operators of facilities that each initiate a hazardous waste shipment shall also comply with waste shipment requirements of § 1.7.1 through 1.7.12 of this Part.”
12.Add to 40 C.F.R. § 264.10 the sub-paragraph “(d) In addition to these General Facility Standards, the permittee shall also have a general duty to at all times properly operate and maintain the facility. This includes adequate staffing, training, laboratory and process controls and adequate back-up systems where necessary.”
13.In 40 C.F.R. § 264.12(a)(1) after “Regional Administrator” add: “and the Director”; also in the last sentence of paragraph (a)(1) in 40 C.F.R. § 264.2(a)(1) after “source” add “to the Regional Administrator” and after “not required” add: “but is required to be sent to the Director at least four weeks in advance of the expected arrival date at the facility”.
14.In 40 C.F.R. § 264.13(b)(6) delete “264.1034(d), 264.1063(d), 264.1083,”. Rhode Island is not authorized to administer the referenced regulations under 40 C.F.R. § 264, subparts AA, BB and CC (RCRA air emissions regulations). Rather, the EPA directly administers the subparts AA, BB and CC regulations in Rhode Island. Delete 40 C.F.R. § 264.13(b)(8).
15.In 40 C.F.R. § 264.15(b)(4), in the second sentence delete the words “, except for Performance Track member facilities, that must inspect at least once each month, upon approval by the Director, as described in paragraph (b)(5) of this section”. Also in 40 C.F.R. § 264.15(b)(4), replace “264.278” with “264.273” and delete “264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089”.
16.Delete 40 C.F.R. § 264.15(b)(5).
17.Delete 40 C.F.R. § 264.18(a).
18.Delete 40 C.F.R. § 264.18(b)(1)(ii) including its paragraphs (A) – (D) and in 40 C.F.R. § 264.18(b)(1)(i) replace “,or” with a “.”, and in § 264.18(b)(1) replace “A facility located in a 100-year floodplain” with “Only facilities that perform storage and/or treatment (not disposal) may be located in 100 year floodplains and such facilities”.
19.In 40 C.F.R. § 264.56(g) add, after the word “chapter”, “and in accordance with §§ 1.8 and 1.9 of this Part”.
20.In 40 C.F.R. § 264.70(a) replace “§ 264.1 provides otherwise” with “those portions of § 264.1 adopted by the Department provide otherwise”.
21.In 40 C.F.R. § 264.71 add an introductory paragraph immediately prior to paragraph (a); “Except for facilities exempted by § 264.70 and except for facilities subject to § 264.71(b) [receiving waste that must at least be accompanied by a shipping paper in lieu of a manifest], the facility owner or operator shall not accept any hazardous waste without a completed Manifest. All waste required to be manifested shall employ use of the federal manifest forms. These manifest requirements also pertain to manifests received by the facility from the generator after the shipment has been received and accepted [based on a shipping paper] as described in § 264.71(b). Additionally, the facility owner or operator shall submit to the Department the names and signatures of all agents of the owner or operator authorized to sign the manifest.
22.In 40 C.F.R. § 264.71(a) add a sub-paragraph; “(2)(vi) Send a copy of the signed manifest to the Department and to the state where the waste was generated (if required by that state), within five days of receipt of the waste at the facility (or sooner if required by another state). All facilities, whether they mail copies of individual manifests or submit individual manifest information electronically, shall also submit to the Department a quarterly report for all manifests received in that quarter in an electronic format acceptable to the Department. This submission shall include a written signed statement attesting to the accuracy and completeness of the information. This quarterly report shall include the following data for each manifest:
a.Manifest number
b.Generator EPA ID Number
c.Generator Name
d.Transporter(s) EPA ID Number
e.Transporter(s) Name
f.Waste Codes
g.Waste Description
h.Waste Quantity
i.Date of Generation
23.In 40 C.F.R. § 264.71(b) add a sub-paragraph; “(6) Send a copy of the signed manifest to the Department and to the state where the waste was generated (if required by that state), within five days of receipt of the waste at the facility (or sooner if required by another state). However, if the facility did not receive a manifest within five (5) days of receipt of the waste at the facility (or within any shorter period required for submission by another state), then send a copy of the signed and dated shipping paper to the Department and to the state where the waste was generated (if required by that state) within five days of receipt of the waste at the facility (or sooner if required by another state). In addition, upon later receiving the manifest, send a copy of the signed manifest to the Department and to the state where the waste was generated (if required by that state), within five (5) days of receipt of the manifest (or sooner if required by another state). With respect to sending a copy of the manifest and/or shipping paper to the Department, the owner or operator may alternatively satisfy this requirement by submitting the information on the manifest and/or shipping paper electronically to the Department in a format acceptable to the Department and in a time frame greater than five (5) days but not less than quarterly. All facilities, whether they mail copies of individual manifests and/or shipping papers or submit individual manifest information electronically, shall also submit to the Department a quarterly report for all manifests and/or shipping papers received in that quarter in an electronic format acceptable to the Department. This submission shall include a written signed statement attesting to the accuracy and completeness of the information. This quarterly report shall include the following data for each manifest:
a.Manifest number
b.Generator EPA ID Number
c.Generator Name
d.Transporter(s) EPA ID Number
e.Transporter(s) Name
f.Waste Codes
g.Waste Description
h.Waste Quantity
i.Date of Generation
24.In 40 C.F.R. § 264.71(c) replace the words “the requirements of part 262 of this chapter” with the words “the portions of 40 C.F.R. Part 262 that are incorporated by reference and § 1.7 of this Part”.
25.In 40 C.F.R. § 264.73(b) add a sub-paragraph; “(20) For storage facilities, a description and the quantity of each waste shipped, cross-referenced by manifest document number”.
26.In 40 C.F.R. § 264.73((b)(3) delete “264.1034, 264.1063, 264.1083,”
27.In 40 C.F.R. § 264.73(b)(6) delete “264.1034(c)-264.1034(f), 264.1035, 264.1063(d)264.1063(i), 264.1064, and 264.1082 through 264.1090".
28.In 40 C.F.R. § 264.74(b) add after the word “period” “(of at least three years)”.
29.Delete 40 C.F.R. § 264.77(c) and replace with “(c) As otherwise required by subparts F and K through N of this part.”
30.In 40 C.F.R. § 264.90(b) replace “§ 264.1” with “those portions of § 264.1 adopted by the Department” and delete sub-paragraphs (2), and (5) (since these exemptions do not apply in Rhode Island).
31.In 40 C.F.R. § 264.90(a)(2) add at the end of this paragraph, “A facility that is not a regulated unit shall comply with its approved groundwater monitoring plan, unless the Department does not require the facility to do groundwater monitoring.”
32.In 40 C.F.R. § 264.114, after the word “chapter”, add “and in accordance with § 1.8 of this Part”.
33.In 40 C.F.R. § 264.143(a) delete sub-paragraphs (3) through (5) and replace with “(3) For new facilities, the full amount of the closure cost estimate shall be deposited into the closure trust fund when the fund is established. For existing facilities, the full amount of the closure cost estimate shall be deposited into the closure trust fund by July 18, 1985.” In sub-paragraph (6), delete “After the pay-in period is completed”.
34.In 40 C.F.R. § 264.145(a) delete sub-paragraphs (3) through (5) and replace with “(3) For new facilities, the full amount of the post closure cost estimate shall be deposited into the post closure trust fund when the fund is established. For existing facilities, the full amount of the post closure cost estimate shall be deposited into the post closure trust fund by July 18, 1985.” In sub-paragraph (6) delete “After the pay-in period is completed,”
35.In 40 C.F.R. §§ 264.143(h) and 264.145(h) where the sentence "If the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance shall be submitted to and maintained with the Regional Administrator of all such Regions." appears, replace it with the sentence "If the facilities covered by the mechanism are in more than one State, identical evidence of financial assurance shall be submitted to and maintained with the State Agency regulating hazardous waste or with the appropriate Regional Administrator if the facility is located in an unauthorized State."
36.In 40 C.F.R. § 264.151 make the following substitutions, consistent with the substitution rules stated in the definitions of Administrator/Regional Administrator, EPA and RCRA in § 1.5 of this Part:
37.Table 2: C.F.R. word substitution
Where the 40 C.F.R. § 264.151 wording says:
Substitute:
United States Environmental Protection Agency
Rhode Island Department of Environmental Management
EPA1
DEM
United States Government2
State of Rhode Island
EPA Regional Administrator or Regional Administrator3
Director
Region(s) where the facility(ies) is (are) located
(delete)
Appropriate (when used with Regional Administrator)
(delete)
Resource Conservation and Recovery Act
Hazardous Waste Management Act of 1978
RCRA
HWMA
a.Except when used in "EPA identification number" and when used in "EPA and/or a state".
b.Except when referring to securities issued by the U.S. Government.
c.Except wherever 40 C.F.R. § 264.151 requires that owners and operators notify several Regional Administrators of their financial obligations, the owner or operator shall notify both the Director and all Regional Administrators of Regions that are affected by the owner or operator's financial assurance mechanisms.
38.In 40 C.F.R. § 264.173 add a sub-paragraph “(c) The side of all hazardous waste containers of 119 gallons or less shall be labeled with the following information:
a.The words “hazardous waste”;
b.The EPA or RI waste code;
c.The generator’s name and address; and
d.A unique ID number (that has the ability to link to the manifest number).
39.Revise 40 C.F.R. § 264.174 to read “At least weekly, the owner or operator shall inspect areas where containers are stored. The owner or operator shall look for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors.“
40.In 40 C.F.R. §§ 264.175, 264.178, 264.193, and 264.351, after the word “chapter”, add “and in accordance with §§ 1.7 and 1.8 of this Part.”
41.In 40 C.F.R. §§ 264.191(a) and 264.191(c), compliance in Rhode Island relative to the January 12, 1988 and July 14, 1986 dates, respectively, applies only to a tank system owned or operated by a federal small quantity generator or any tank system (aboveground, onground, inground, or underground) that cannot be entered for inspection. Relative to a tank system that is not owned or operated by a federal small quantity generator and that is a tank system (aboveground, onground, inground, or underground) that can be entered for inspection, "January 12, 1988" and "July 14, 1986" shall be replaced with "December 1, 1992", wherever those dates occur in 40 C.F.R. §§ 264.191(a), and 264.191(c), respectively.
42.Delete 40 C.F.R. § 264.195(e).
43.Add as the introduction to 40 C.F.R. § 264.301, [prior to paragraph (a)] the sentence “Landfills shall be designated as Class I, Class II, or Class III.”
44.Add at the end of 40 C.F.R. § 264.301(c)(1)(i)(B) the statement “The bottom liner shall be installed with a minimum two percent slope and lead to collection sumps at all low points”.
45.Delete 40 C.F.R. § 264.301(l) requirements for Alabama landfills and replace with “(l) There shall be a minimum distance of 500 feet between any active portion of the facility and any surface body of water and any wetland.”
46.Add as 40 C.F.R. § 264.301(m) “The boundaries of all active portions of the landfill shall be at least 500 feet from any private water supply or livestock water supply.”
47.Add as 40 C.F.R. § 264.301(n) “Landfill erosion, landslides, and slumping shall be minimized.”
48.Add as 40 C.F.R. § 264.301(o) “The landfill shall contain a gas collection and venting system to prevent the lateral movement of gases generated within the landfill and to prevent the accumulation of these gases within confined structures on or adjacent to the landfill area.”
49.Add as 40 C.F.R. § 264.301(p): “Class I Landfills shall be located only in "Till" areas as identified on the Ground Water Maps prepared by the United States Geological Survey and shall include in the design the following:
a.A two-liner system installed on the bottom and all sides of any disposal area consisting of two membrane liners.
b.A leachate monitoring, collection and removal system installed above the top liner that consists of soils at least three feet thick and that allows leachate to move rapidly through the soils and collect in sumps.
c.A minimum of six inches of sand immediately overlaying and under the membrane liner.
d.Membrane liners that meet the following requirements:
(1)Be of adequate strength and thickness to ensure mechanical integrity and have a minimum thickness of 30 mils.
(2)Be resistant to attack from soil bacteria and fungi.
(3)Has ample weather resistance to withstand the stress of extreme heat, freezing and thawing.
(4)Has adequate tensile strength to elongate sufficiently and withstand the stress of installation and/or use of machinery and equipment.
(5)Be of uniform thickness, free from thin spots, cracks, tears, blisters and foreign particles.
(6)Be placed on a stable base.
(7)Has a permeability less than or equal to 1 x 10-12 cm/sec or its equivalent.
(8)Be seamed in a manner that does not adversely affect any property of the membrane.”
50.Add as 40 C.F.R. § 264.301(q) “Class II Landfills may be located in either "Till" areas or "Outwash" areas as identified on the Ground Water Maps prepared by the United States Geological Survey and shall be of the same design as Class I Landfills.”
51.Add as 40 C.F.R. § 264.301(r) “Class III Landfills may be located in either "Till" areas or "Outwash" areas as identified on the Ground Water Maps prepared by the United States Geological Survey. Class III Landfills located in "Outwash" areas and Class III Landfills located in "Till" areas shall meet the requirements of 40 C.F.R. § 264.301(a) through (o) and 40 C.F.R. Part 264 Subpart F.”
52.Add as 40 C.F.R. § 264.301(s) “The Director may approve a design that affords protection equivalent to any of the requirements for classes of landfills in 40 C.F.R. § 264.301(p) – (r), provided that all minimum federal requirements are retained. Prior to approving an equivalent design, the Director shall prepare a written opinion that shall compare and evaluate the proposed equivalent design with the requirements of the appropriate class and shall state his reasons for approving the proposed equivalent design. This written report shall be made available to the public prior to the public hearing required by 40 C.F.R. § 270.10(c) and 40 C.F.R. § 124.10(b).”
53.Add in 40 C.F.R. § 264.301(t) “Class I Landfills shall not accept any waste that:
a.Is an R006 waste (extremely hazardous waste) or
b.Has a 40 C.F.R. § 261.33(a)(2) OR 40 C.F.R. § 261.33(a)(4) characteristic of reactivity or
c.Is a forbidden explosive as defined in 49 C.F.R. § 173.54 or
d.Is a Division 1.1, Division 1.2 or Division 1.3 explosive as defined in 49 C.F.R. § 173.53 or 49 C.F.R. § 173.50, respectively, or
e.Is a liquid or gaseous material that is a liquid while under pressure having a flash point below 73ºF and a boiling point less than 100ºF
f.Is an ignitable compressed gas as described in 40 C.F.R. § 261.21(a)(3), or
g.Is a non-liquid having a 40 C.F.R. § 261.21(a)(2) characteristic of ignitability, or
h.Is an oxidizer as described in 40 C.F.R. § 261.21(a)(4).
54.Add in 40 C.F.R. § 264.301(u) “Class II and III Landfills shall not accept any waste that:
a.Is a prohibited waste in Class I landfills as described above, or
b.Has a 40 C.F.R. § 261.23(a)(3) characteristic of reactivity or
c.Has a 40 C.F.R. § 261.23(a)(6) characteristic of reactivity, or
d.May form potentially explosive mixtures with oxidizable materials or
e.Has a 40 C.F.R. § 261.23(a)(5) characteristic of reactivity, or
f.Is a liquid having a flashpoint less than 73ºF and a boiling point at or above 100ºF, or
g.Is a liquid having a flashpoint at or above 73ºF and a boiling point less than 100ºF, or
h.Is a liquid that ignites spontaneously in dry or moist air at or below 130ºF pt
i.Is a compressed gas or mixture or liquid flammable material having a properties as described in 40 C.F.R. § 261.21(a)(3)(i).
55.In 40 C.F.R. § 264.313 delete “, unless 40 C.F.R. § 264.17(b) is complied with”.
56.Delete 40 C.F.R. § 264 Subparts AA, BB, and CC. Also delete 40 C.F.R. §§ 264.179, 264.200, and 264.232, in 264.340(b)(2) delete “, BB and CC,.” and in 40 C.F.R. § 264.601 delete “and subparts AA through CC.” Rhode Island is not authorized to administer the referenced regulations under 40 C.F.R. Part 264, subparts AA, BB and CC (RCRA air emissions regulations). Rather, the EPA directly administers the subparts AA, BB and CC regulations in Rhode Island.
57.Delete 40 C.F.R. §§ 264.149 and 264.150 (not applicable in authorized States).
58.Delete 40 C.F.R. Part 264 Appendix VI (not applicable in Rhode Island due to absence of such earthquake fault lines).
59.Delete 40 C.F.R. § 264.340(b)(1). Also in 40 C.F.R. § 264.601 delete “part 63 subpart EEE and part 146.” These exemptions do not apply in Rhode Island.
60.Revise 40 C.F.R. § 264.1101(c)(4) to read “Inspect and record in the facility’s operating record, at least once every seven days."
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.11** Requirements for Temporary Transfer and Storage Facilities {#sec-250-ricr-140-10-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.11}
A.Applicability: This Part applies to facilities that temporarily transfer and store hazardous waste at locations for up to and not exceeding seventy-two (72) hours, excluding Sundays and federal and Rhode Island legal holidays, at locations included on the application. This Part does not apply to waste that is received from off-site by a utility that is exempt under § 1.8.2(A)(9) of this Part.
B.Authorization Requirements: All persons who shall construct, operate or own a temporary transfer and storage facility shall first submit a complete application to the Office of Land Revitalization and Sustainable Materials Management and obtain a Letter of Authorization from the Director prior to conducting any such activities on-site.
C.Closure Plan and Financial Requirements: Owners or operators of a temporary transfer and storage facility shall develop a closure plan, complete with a cost estimate for closing down their facility, and submit this plan along with an Application for Authorization as defined below, Owners or operators shall document their financial ability to complete the closure plan by providing financial assurance equivalent to the cost estimate contained within the closure plan. If the owner or operator fails to satisfy these requirements the Director may deny their Application for Authorization.
D.Application Specifications: All applications for authorization shall contain at least the following information:
1.The location of the facility, including the assessor’s plat and lot numbers and address;
2.The name and address of the property owner and operator of the facility;
3.A detailed and complete description of the operations at the facility;
4.A site plan depicting the facility’s floor plan, yard layout, drainage system and storage and transfer location(s);
5.A complete list of all pollution control and safety equipment to be utilized or maintained on-site;
6.Demonstration that the proposed facility is not within an area where the groundwater is classified as GAA, a well head protection area, or within areas where the groundwater is classified GA and where public water is not available to all surrounding properties;
7.A copy of the applicant’s environmental liability insurance policy for the facility; and
8.The facility’s closure cost estimate and financial assurance mechanism.
E.Application fee: An application fee of two thousand dollars ($2,000.00) shall be submitted with each new application for a Letter of Authorization to operate a temporary transfer and storage facility. Yearly renewal application fees shall be five hundred dollars ($500).
F.Authorization Period: Each Letter of Authorization shall be valid for a period of not more than one (1) year from the date of issuance.
G.Expiration of Authorization/ Renewal of Authorization: At least thirty (30) days before the end of the authorization period specified above, the owner/operator may submit a renewal application and fee in accordance with the requirements of this rule to operate a temporary transfer and storage facility.
H.Posting: Any Letter of Authorization issued hereunder shall be maintained on the facility and posted in a conspicuous location, and shall be the property of the Department.
I.Change of Ownership or Location: Changes in ownership, administration or location of temporary transfer and storage facility are subject to the following requirements:
1.The Director shall be notified in writing thirty days prior to any change in ownership of the facility or legal entity operating the facility or location or discontinuance of services;
2.A Letter of Authorization is not transferable to any other property.
3.Any change in ownership shall require written authorization of the Department prior to the change. The Director may require resubmission of all or part of the application in connection with the transfer.
J.Revocation: The Director may revoke or suspend a Letter of Authorization in the event that a determination is made by the Director that the facility is not being operated in a manner that is consistent with these Regulations or the Letter of Authorization.
K.Generator Requirements: Temporary transfer and storage facilities shall comply with applicable sections of hazardous waste generator requirements contained in § 1.7 of this Part including standards for Large Quantity Generators in § 1.7.12 of this Part.
L.Storage Units: Owners or operators of the temporary transfer and storage facility may store hazardous waste only in containers.
M.Condition of Storage Units: Containers used to store hazardous waste at the transfer and storage facility shall be:
1.In good condition and free of severe rusting, corrosion or structural defects. In the event that a container deteriorates and begin to leak the owner shall transfer the hazardous waste to a container that is in good condition;
2.Liquid tight with no visible leaks and;
3.Kept closed at all times.
N.Secondary Containment for Containers: Containers used to store hazardous waste shall be equipped with secondary containment that at a minimum has the following:
1.An impervious floor or bottom covering the entire storage area; and
2.Dikes, berms or walls capable of containing a spill or release; and
3.A capacity equivalent to a minimum of 100% of the volume of the hazardous waste stored in the containers at the facility; and
4.The entire system shall be impervious to prevent a release; or
5.An equivalent containment system may be substituted if prior written approval is obtained from the Director.
O.Interior Storage: Containers at temporary hazardous waste transfer and storage facility shall be stored within a building.
P.Labeling: Containers used to store hazardous waste at the temporary transfer and storage facility shall be in compliance with § 1.7 of this Part.
Q.Local Authority: Owners and operators of temporary hazardous waste transfer and storage facilities shall be in compliance with the local building code and fire safety requirements.
R.Operation: No waste shall be bulked during the storage time.
S.Response to release: Upon detection of a release of hazardous waste, the owner or operator of the facility shall perform the following:
1.Immediately notify the Department’s Emergency Response Program (at 401-222-1360 or after hours at 401-222-3070), the local authorities and the National Response Center (800-424-8802).
2.Within fifteen (15) days of the incident, the owner or operator of the facility shall submit a written report to OWM. The report should include:
a.Name and address of facility;
b.Time and type of incident;
c.Name and quantity of material(s) involved;
d.The extent of injuries;
e.Any actions were taken during the incident and;
f.The possible hazards to human health or the environmental.
T.Tracking: Owners or operators of the facilities shall keep a written log of each hazardous waste shipment received for temporary storage at the facility and of each off-site shipment of the hazardous from the facility for a period of at least three years. The owner or operator shall also reconcile the incoming and outgoing shipments of hazardous waste on the written log in order to demonstrate that the hazardous waste is not being stored for greater than the allowed seventy-two (72) hour time period. The written logs shall be provided to the Department upon request.
U.Owners or operators of the facilities shall maintain a valid hazardous waste transporter permit. The site and vehicle shall be secured to prevent unauthorized access.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.12** Requirements for Community Collection Centers and Paint Collection Centers {#sec-250-ricr-140-10-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.12}
1.12.1Community Collection Centers:
A.This rule shall apply to Community Collection Centers as defined in § 1.5 of this Part that collect hazardous waste, including but not limited to architectural paint. Community Collection Centers may collect only Household Hazardous Waste or hazardous waste from Conditionally Exempt Small Quantity Generators.
B.Authorization: Community Collection Centers may not accept hazardous waste without having first received a Letter of Authorization from the Department.
C.Registration Fee: Community Collection Centers shall submit a registration fee of two thousand dollars ($2,000.00) with each new registration to obtain a Letter of Authorization to operate a Community Collection Center. The yearly renewal fee for a Letter of Authorization shall be five hundred dollars ($500).
D.Certification by Generators: Prior to receiving hazardous waste, Community Collection Centers shall ensure that the persons dropping off hazardous waste certify in writing their status as either a Household Hazardous Waste Generator or a CESQG. Community Collection Centers shall maintain these records for at least three years.
E.Recordkeeping: If hazardous waste is received from a CESQG on a manifest, the Community Collection Center shall sign and date the manifest as described in 40 C.F.R. § 264.71(a)(2). For waste received from CESQG’s not transported using a manifest, the Community Collection Center shall maintain records including the name and address of the CESQG dropping off the waste, shipment date, a description of the type and quantity of the waste and the EPA Identification. The Community Collection Center shall keep the documentation described above for a period of at least three years.
F.Generator Status of Community Collection Centers:
1.Community Collection Centers shall not qualify as SQGs or CESQGs.
2.In addition to the specific requirements of this Rule, Community Collection Centers shall comply with all requirements applicable to large quantity generators in § 1.7 of this Part including record keeping and waste shipment.
G.Hazardous Waste Fee: The waiver of the fee for household hazardous waste (R013) shall not apply to waste received by the Community Collection Center from CESQGs with the exception of architectural paint. For all other hazardous waste received from generators, Community Collection Centers are required to pay the Hazardous Waste Generator fee in accordance with § 1.7.5 of this Part for offsite shipments of hazardous waste.
H.Bulking: Community Collection Centers may not bulk waste by mixing wastes from different generators into one container or tank, with the exception of waste architectural paints and used oil that may be consolidated for shipping purposes.
I.Universal Waste Acceptance: Community Collection Centers that receive universal waste from CESQGs or from households shall comply with the requirements of § 1.14.5(A)(9) of this Part.
J.Storage Limits: Community Collection Centers shall not store more than 1,100 gallons (8,800 pounds) of hazardous waste at any time. Community Collection Centers may store waste for up to one year.
K.Shipment of Waste:
1.Community collection centers may only ship hazardous waste to the following destinations:
a.A designated hazardous waste management facility as per the shipment requirements of § 1.7 of this Part.
b.Another Community Collection Center for the purposes of consolidation prior to shipment to a designated facility.
L.CESQG and HHW Status of the Waste: When CESQG or household hazardous waste is received by a Community Collection Center it shall be considered to be generated by the facility. At this point, it shall be fully regulated as hazardous waste generated by a Large Quantity Generator as per § 1.7 of this Part.
1.12.2Paint Collection Centers:
A.This rule shall apply to Paint Collection Centers as defined in § 1.5 of this Part. Paint Collection Centers may only collect hazardous waste in the form of architectural paint that is either Household Hazardous Waste or hazardous waste from Conditionally Exempt Small Quantity Generators. Paint Collection Centers may also become a universal waste handler by following the requirements outlined in § 1.14 of this Part.
B.As with other wastes, a determination as to whether architectural paint is a hazardous waste must be made using analysis or generator knowledge as described in § 1.7 of this Part.
C.Notification: Paint Collection Centers shall file a Notification on a form provided by the Department. There is no fee for registration of Paint Collection Centers.
D.Use of a Manifest: Paint Collection Centers shall track all outgoing shipments of paint waste on either a hazardous waste manifest or a bill of lading. These shipping documents shall be maintained for a minimum of three (3) years.
E.Certification by Generators: Prior to receiving hazardous waste, Paint Collection Centers shall ensure that all generators certify in writing their status as a CESQG. Paint Collection Centers shall maintain these records for at least three years.
F.Recordkeeping: If hazardous waste is received on a manifest from a CESQG, the Paint Collection Center shall sign and date the manifest as required by 40 C.F.R. § 264.71. For waste received from generators not transported using a manifest, the Paint Collection Center shall maintain records including the name and address of the person dropping off the waste as well as the date, description and quantity of the waste. The Paint Collection Centers shall keep the documentation described above for a period of at least three years.
G.Hazardous Waste Fee: Architectural paint waste received by a Paint Collection Center is exempt from the fee. It may be shipped offsite on a bill of lading or manifest, as appropriate, without payment of the Hazardous Waste Fee.
H.Bulking: Paint Collection Centers may bulk architectural paints for shipping purposes.
I.Storage Limits: Paint Collection Centers shall not store more than 1,100 gallons (8,800 pounds) of paint waste. Paint Collection Centers may store waste for up to one year.
J.Storage of Architectural Paint:
1.Paint Collection Centers shall store paint collected in the following manner:
a.The paint shall be stored:
(1)In structurally sound collection containers that show no visible evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions and
(2)In a secure area, away from ignition sources, storm drains and floor drains.
2.Collection containers must be kept closed except when adding containers of post-consumer paint that have been collected from consumers. A collection container must be labeled with the words "Waste Paint." or each waste storage area must be marked with a sign that states “Waste Paint Storage”.
3.In addition to the requirements contained in this rule, Architectural Paint will also be subject to any requirements in an approved Rhode Island Architectural Paint Stewardship Program Plan.
4.Paint that is a hazardous waste is stored for no more than one year.
K.Shipment of Waste:
1.Paint collection centers may only ship hazardous waste to the following destinations:
a.A designated hazardous waste management facility as per the shipment requirements of § 1.7 of this Part.
b.A Community Collection Center authorized by the Department under § 1.11.1 of this Part.
c.Another Paint Collection Center. If the Paint Collection Center is not located in Rhode Island, it must be authorized to collect paint by the appropriate regulatory authority.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.13** Requirements for Circuit Board Recycling Operations {#sec-250-ricr-140-10-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.13}
A.A facility may conduct shredding, crushing or other size reduction activities of circuit boards in accordance with the conditions specified in 40 C.F.R. § 261.4(a)(14) provided that they notify the Department in writing of this activity. Notification should occur 30 days prior to operation of a new facility and within 90 days of promulgation of these regulations for existing facilities.
B.A facility that shreds, crushes, heats, or otherwise treats a used electronic device or a component thereof (other than circuit boards), or that breaks the cathode ray tube in any used electronic device, must meet all applicable requirements of 40 C.F.R. §§ 264, 265, 266, 268, 270 and 124, and §§ 1.9 and 1.10 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.14** Universal Waste {#sec-250-ricr-140-10-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.14}
1.14.1Requirements for Universal Waste:
A.The wastes listed in this § 1.14 are exempt from regulation under 40 C.F.R. §§ 262 through 270 except as specified in 40 C.F.R. Part 273 and § 1.14 of this Part, and therefore are not fully regulated as hazardous waste provided that they are handled in full compliance with the requirements of this Part. The wastes listed in this Part are subject to regulation under 40 C.F.R. Part 273 and this Part:
1.Batteries as described in 40 C.F.R. § 273.2
2.Pesticides as described in 40 C.F.R. § 273.3
3.Mercury-containing equipment as described in 40 C.F.R. § 273.4.
4.Lamps as described in 40 C.F.R. § 273.5.
5.Used electronics as described in § 1.14.2 of this Part,
6.Silver-containing photo fixing solutions as described in § 1.14.3 of this Part.
1.14.2Applicability –Used Electronics:
A.The requirements of 40 C.F.R. Part 273 and this § 1.14 of this Part apply to persons managing used electronics, as defined in § 1.5 of this Part, that have become wastes. Used Electronic wastes that exhibit a hazardous characteristic and that do not fall within the scrap metal exclusions in 40 C.F.R. § 261.4(a)(13) or § 261.6(a)(3)(ii), shall be managed as universal waste (or hazardous waste). R.I. Gen. Laws Chapter 23-24.10, “Electronic Waste Prevention, Reuse and Recycling Act”, bans the disposal of various types of used electronic devices at solid waste facilities.
1.A used electronic device becomes a waste on the date it is discarded. An unused electronic device becomes a waste on the date the handler decides to discard it.
2.The requirements of 40 C.F.R. Part 273 do not apply to persons managing the following used electronics: Used electronics that are not yet wastes under § 1.5 of this Part and 40 C.F.R. Part 261. § 1.14.2(A) of this Part describes when used electronics become wastes.
3.Nothing in this rule is intended to override R.I. Gen. Laws Chapter 23-24.10, Electronic Waste Prevention, Reuse and Recycling Act, that bans the disposal of various types of used electronic devices at Rhode Island Solid Waste Facilities.
1.14.3Applicability – Silver-containing photo fixing solutions:
A.The requirements of 40 C.F.R. Part 273 and this § 1.14 of this Part apply to persons managing silver containing photo fixing solutions, as defined in § 1.5 of this Part, that have become wastes, as defined in § 1.5 of this Part, when the wastes are hazardous wastes.
1.A Waste silver-containing photo fixing solution is a hazardous waste if it exhibits one or more of the characteristics identified in 40 C.F.R. Part 261, Subpart C. A silver-containing photo fixing solution becomes a waste on the date it is discarded. An unused silver-containing photo fixing solution becomes a waste on the date the handler decides to discard it.
2.The requirements of 40 C.F.R. Part 273 do not apply to persons managing the following silver-containing photo fixing solutions:
a.Silver-containing photo fixing solutions that are not yet wastes under 40 C.F.R. Part 261. § 1.14.3(A) of this Part describes when silver-containing photo fixing solutions become wastes.
b.Silver-containing photo fixing solutions that are not hazardous waste. § 1.14.3(A) of this Part describes when silver containing photo fixing solutions are hazardous waste.
3.Other wastes from photo processing operations that exhibit one or more of the characteristics of hazardous waste, including wastes from system cleaning (acid regenerants, system cleaners, and photographic activators (hazardous waste code D002), dichromate based cleaners (hazardous waste code D007), and off-specification chemicals (hazardous waste code D001 and D002), shall be managed as hazardous waste (not universal waste).
1.14.4Requirements for Universal Waste Handlers and Transporters:
A.The following applies to universal waste handlers and universal waste transporters, relative to the universal wastes listed in § 1.14.1 of this Part:
1.The requirements of 40 C.F.R. Part 264 and 40 C.F.R. Part 265 do not apply, when handling these wastes.
2.These handlers and transporters are exempt from 40 C.F.R. §§ 268.7 and 268.50, for these hazardous wastes.
3.These handlers and transporters are not required to obtain a RCRA permit in order to manage these wastes.
4.These handlers and transporters are subject to regulation under 40 C.F.R. Part 273 and per the requirements of § 1.14 of this Part.
5.Handlers and transporters that export universal waste are subject to the export requirements of 40 C.F.R. § 273.20 (small quantity handlers), 40 C.F.R. § 273.40 (large quantity handlers) or 40 C.F.R. § 273.56 (transporters) as applicable.
1.14.5Standards for Universal Waste Management:
A.40 C.F.R. Part 273 is incorporated by reference in its entirety, except 40 C.F.R. § 273.3(b)(1) relative to disposal of recalled or unused pesticides (since 40 C.F.R. § 262.70, the farmer exemption, is not recognized by the Department), and as otherwise provided in these rules. (See also definition of "EPA" for portions of the C.F.R. where "EPA" is replaced by "Department").
1.40 C.F.R. § 273.1 – Scope: The provisions are incorporated by reference with the following changes to 40 C.F.R. § 273.1(a):
a.Add “(5) Used electronics as defined in this Part.”
b.Add “(6) silver-containing photo fixing solutions as defined in these Rules.”
2.40 C.F.R. § 273.2 Applicability-Batteries: The provisions are incorporated by reference with the following change:
a.Add “(d) Exceptions to 40 C.F.R. § 273.2(b)(3). Waste nickel-cadmium, mercury oxide, and lead acid dry cell batteries shall be managed as universal waste (or hazardous waste) whether or not they exhibit a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in R.I. Gen. Laws Chapter 23-60.1, “Dry Cell Battery Control”.
3.40 C.F.R. § 273.4 Applicability- Mercury-Containing Equipment: The provisions are incorporated by reference with the following changes:
a.Delete 40 C.F.R. § 273.4(b)(2).
b.Add 40 C.F.R. § 273.4(d) to read as follows: “Waste Mercury-containing equipment shall be managed as universal waste (or hazardous waste) whether or not it exhibits a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per R.I. Gen. Laws Chapter 23-24.9, “Mercury Reduction and Education Act”.
4.40 C.F.R. § 273.5 Applicability- Lamps: The provisions are incorporated by reference with the following changes:
a.Delete 40 C.F.R. § 273.5(b)(2).
b.Add 40 C.F.R. § 273.5(d) to read as follows: “Waste lamps shall be managed as universal waste (or hazardous waste) if they meet the federal or state definition of hazardous waste. Lamps that contain mercury at levels below the federal standard are still Rhode Island Hazardous Wastes (R009) if they have any added mercury. The disposal of these wastes at solid waste facilities is prohibited, except as provided in § 1.14.5(A)(5)(b) of this Part (household exemption), per the solid waste disposal ban on lamps in R.I. Gen. Laws Chapter 23-24.9 “Mercury Reduction and Education Act”".
c.Lamp ballasts containing PCB’s shall be managed as a hazardous waste (See definition of PCB Waste- R007 in § 1.5 of this Part) in accordance with § 1.7 of this Part.
5.40 C.F.R. § 273.8– Applicability–household and conditionally exempt small quantity generator waste.
6.40 C.F.R. § 273.8 is not incorporated by reference. Instead, the following provisions shall apply:
a.Persons who are household hazardous waste collection facilities, as described in § 1.7 of this Part, and who handle wastes of the types described in the “Universal Waste” definition in § 1.5 of this Part, shall either handle those wastes in compliance with all requirements applicable to hazardous waste generators as provided in § 1.7 of this Part or shall handle those wastes as universal wastes per the requirements of this part.
b.Persons who are conditionally exempt small quantity generators and who:
(1)Generate waste batteries (except for waste nickel-cadmium, mercuric oxide, and lead acid dry cell batteries), waste pesticides, and/or silver- containing photo fixing solutions as described in the “Universal Waste” definition in § 1.5 of this Part shall either handle those wastes as hazardous waste in compliance with the requirements of § 1.7 of this Part or shall handle those wastes as universal wastes per the requirements of this part.
(2)Generate and dispose of certain waste dry cell batteries (i.e., waste nickel-cadmium, mercuric oxide, or lead acid dry cell batteries), used electronics, waste mercury- containing equipment and/or waste lamps as defined in the “Universal Waste” definition in § 1.5 of this Part shall either dispose of these wastes as hazardous waste or universal waste per the requirements of this part. This satisfies the solid waste disposal ban in R.I. Gen. Laws Chapters 23-60.1, 23-24.10, and 23-24.9.
c.Persons who commingle regulated universal wastes with wastes of the types described in the “Universal Waste” definition in § 1.5 of this Part from households or from Conditionally Exempt Small Quantity Generators, shall handle the commingled wastes as hazardous wastes or universal wastes per the requirements of this part.
7.40 C.F.R. § 273.9– Definitions: The provisions are incorporated by reference with the following changes:
a.Replace the definition of “Large Quantity Handler of Universal Waste” with the § 1.5 of this Part definition of “Large Quantity Handler of Universal Waste”.
b.Replace the definition of “Small Quantity Handler of Universal Waste” with the § 1.5 of this Part definition of “Small Quantity Handler of Universal Waste”.
c.Add to the definition of “Universal Waste” “(5) Used electronics as defined in this Part.”
d.Add to the definition of “Universal Waste” “(6) Silver-containing photo fixing solutions as defined in this Part.”
e.In the definition of “Destination facility” add the following after the last sentence: “A facility that shreds, crushes, heats, or otherwise treats a used electronic device or a component thereof (other than circuit boards), or that breaks the cathode ray tube in any universal waste used electronic device is a destination facility.”
8.40 C.F.R. § 273.11 – Prohibitions: The provisions are incorporated by reference with the following changes:
a.Add “(c) Prohibited from shredding, crushing or intentionally breaking universal waste except as provided in § 1.8 in this Part.”
b.Add “(d) Prohibited from managing a significant number of broken items of universal waste of any given type on any day as universal waste. An insignificant number of items of unintentionally broken waste may be managed as universal waste, provided that they are immediately managed to prevent releases of any universal waste or component of universal waste to the environment. For the purposes of these regulations, physical breakage of one item or less than 10% of the total items in storage onsite at any given time shall be considered insignificant.
9.40 C.F.R. § 273.13 - Waste Management: The provisions are incorporated by reference with the following changes:
a.Add “(e) Used electronics. A small quantity handler of universal waste shall manage used electronics that are universal wastes in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1)Store all used electronics inside a building with a roof and four walls or in a portable storage unit that is completely enclosed and weatherproof, or in the cargo-carrying portion of a truck, such as a trailer. Storage shall be in a manner that prevents used electronics from being exposed to the environment and ensures that all used electronics are handled, stored and transported in a manner that maintains the reuse or recyclability of any such used electronic or component thereof.
(2)A small quantity handler of universal waste shall contain any cathode ray tube(s) from used electronic device and other used electronics that shows evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonable foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the cathode ray tube(s) and other used electronics, and must lack evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonably foreseeable conditions. Any released glass particles, other constituents, and clean-up residues resulting from the breakage, leakage, spillage, or damage of cathode ray tube(s) or used electronics shall be managed as universal waste or hazardous waste, whether or not they exhibit a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in R.I. Gen. Laws Chapter 23-24.10, “Electronic Waste Prevention, Reuse and Recycling Act”.
(3)A small quantity handler of universal waste may conduct the following activities:
(AA)Sorting display devices/cathode ray tubes or other used electronics by type;
(BB)Managing different types of display devices/cathode ray tubes or other used electronics in the same container;
(CC)Testing display devices/cathode ray tubes or other used electronics to determine if they are capable of being returned to service;
(DD)Removing cathode ray tubes or other used electronics from display device casings;
(EE)Disassembling used electronics to separate batteries, circuit boards, or other components for the purpose of marketing, reselling, reusing or recycling such components, provided no treatment is occurring;
(FF)Receive and handle circuit boards provided that mercury switches/relays, nickel-cadmium batteries and lithium batteries are removed prior to processing or shipment offsite."
(4)A small quantity handler of universal waste may also conduct shredding, crushing, or other size reduction activities of circuit boards in accordance with the conditions specified in 40 C.F.R. § 261.4(a)(14) provided they notify the Department in writing of this activity. Notification should occur 30 days prior to operation of a new facility and within 90 days of promulgation of these regulations for existing facilities.
(5)A small quantity handler of universal waste shall not conduct the following activity: Breaking of cathode ray tubes in used electronic devices.
(6)A small quantity handler of universal waste may disassemble used electronics provided that the handler:
(AA)Ensures that used electronics are disassembled in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;
(BB)Ensures that the disassembly operations are performed safely by developing and implementing a written procedure detailing how to safely disassemble each used electronic device managed at the facility. This procedure shall include: the type of equipment to be used to disassemble the used electronic device safely, operation and maintenance of equipment, segregation of incompatible wastes and proper waste management practices;
(CC)Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the used electronic device that may occur during disassembly operations;
(DD)Segregates and transfers the disassembled electronic components to containers that meet the requirements of § 1.14 of this Part.
(EE)Ensures that employees are thoroughly familiar with the procedures for disassembling used electronics, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies and
(FF)Maintains a system to ensure compliance with the written disassembling and management procedures.
b.Add “(f) Universal Waste Silver-containing photo fixing solutions. A small quantity handler of universal waste shall manage universal waste silver-containing photo fixing solutions in a way that prevents releases of any universal waste or component of universal waste to the environment. The universal waste silver-containing photo fixing solutions shall be contained in one or more of the following:
(1)A container that remains closed, structurally sound, compatible with the silver-containing photo fixing solutions, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or
(2)A container that does not meet the requirements of the above listed rule may be managed by placing it in an overpack container that does meet the requirements of this Part; or
(3)A tank that meets the requirements of the tank provisions in § 1.7.12 of this Part; or
(4)A transport vehicle or vessel that is closed, structurally sound, compatible with the silver-containing photo fixing solutions, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.”
c.Regarding Mercury Containing Equipment: Delete 40 C.F.R. § 273.13(c)(4)(iii) and replace with “(iii) if the mercury containing wastes, and/or residues containing mercury is not a characteristic hazardous waste, such waste shall still be handled as universal waste (or hazardous waste). The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in R.I. Gen. Laws Chapter 23-24.9 “Mercury Reduction and Education Act”.”
10.40 C.F.R. § 273.14 – Labeling/marking: The provisions are incorporated by reference with the following changes:
a.Add “(f) Used electronic devices or containers of used electronic devices shall be clearly labeled (or clearly marked) as follows:
(1)Cathode ray tubes shall be labeled with one of the following phrases: “Universal Waste- Cathode Ray Tube(s)”, “Waste Cathode Ray Tube(s)” or “Used Cathode Ray Tube(s)”.
(2)Other used electronic devices (that are not cathode ray tubes) shall be labeled with one of the following phrases: “Universal Waste- “Used Electronic Devices not containing CRTs”.
(3)Containers with both cathode ray tubes and other used electronic devices shall be labeled with the following phrase: “Universal Waste- Used Electronic Devices with CRTs”
b.Add “(g) A container, (or multiple container package unit), tank, transport vehicle or vessel in which used universal waste silver containing photo fixing solutions as described in § 1.14.3 of this Part are contained shall be labeled or marked clearly with either of the phrases “Universal Waste- Silver-Containing Photo Fixing Solution(s)” or “Waste-Silver-Containing Photo Fixing Solution(s)”.
11.40 C.F.R. § 273.18 - Off-site shipments. The provisions are incorporated by reference with the following change: in paragraph (g) replace "appropriate regional EPA office" and "EPA regional office" with "Department".
12.40 C.F.R. § 273.31 – Prohibitions. The provisions are incorporated by reference with the following changes:
a.Add “(c) Prohibited from shredding, crushing or intentionally breaking universal waste except as provided in § 1.14.5(A)(14) of this Part (“Waste Management”).”
b.Add “(d) Prohibited from managing a significant number of broken items of universal waste of any given type on any day as universal waste. An insignificant number of items of unintentionally broken waste may be managed as universal waste, provided that they are immediately managed to prevent releases of any universal waste or component of universal waste to the environment. For the purposes of these regulations, physical breakage of one item or less than 10% of the total amount of universal waste items in storage onsite at any time shall be considered insignificant.”
13.40 C.F.R. § 273.32 – Notification. The provisions are incorporated by reference with the following changes:
a.In 40 C.F.R. § 273.32(a)(1), after “5000-kilogram storage limit” add “(or the 20,000-kilogram storage limit for used electronics)”
b.Revise 40 C.F.R. § 273.32(b)(4) to read “A list of all types of universal waste managed by the handler (e.g. batteries, pesticides, mercury-containing equipment, lamps, used electronics, and silver-containing photo fixing solutions);
c.In 40 C.F.R. § 273.32(b)(5), after “5000 kg of universal waste” add “(or 20,000 kg of used electronics)”
14.40 C.F.R. § 273.33 – Waste Management. The provisions are incorporated by reference with the following changes:
a.Add “(e) Used electronics. A large quantity handler of universal waste shall manage used electronics that are universal wastes in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1)Store all used electronics inside a building with a roof and four walls or in a portable storage unit that is completely enclosed and weatherproof, or in the cargo-carrying portion of a truck, such as a trailer. Storage shall be in a manner that prevents used electronics from being exposed to the environment and ensures that all used electronics are handled, stored and transported in a manner that maintains the reuse or the potential to reuse or recycle of any such used electronic or component thereof.
(2)A large quantity handler of universal waste shall contain any cathode ray tube(s) from used electronic device and other used electronics that shows evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonable foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the cathode ray tube(s) and other used electronics, and must lack evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonably foreseeable conditions. Any released glass particles, other constituents, and clean-up residues resulting from the breakage, leakage, spillage, or damage of cathode ray tube(s) or used electronics shall be managed as universal waste (or hazardous waste), whether or not they exhibit a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in R.I. Gen. Laws Chapter 23-24.10, “Electronic Waste Prevention, Reuse and Recycling Act”.
(3)A large quantity handler of universal waste may conduct the following activities:
(AA)Sorting display devices/cathode ray tubes or other used electronics by type.
(BB)Managing different types of display devices/cathode ray tubes or other used electronics in the same container.
(CC)Testing display devices/cathode ray tubes or other used electronics to determine if they are capable of being returned to service.
(DD)Removing cathode ray tubes or other used electronics from display device casings.
(EE)Disassembling used electronics to separate batteries, circuit boards, or other components for the purpose of marketing, reselling, reusing or recycling such components, provided no treatment is occurring.
(FF)Receive and handle circuit boards provided that mercury switches/relays, nickel-cadmium batteries and lithium batteries are removed prior to processing or shipment offsite.
(4)A large quantity handler of universal waste may also conduct shredding, crushing, or other size reduction activities of circuit boards in accordance with the conditions specified in 40 C.F.R. § 261.4(a)(14) provided they notify the Department in writing of this activity. Notification should occur 30 days prior to operation of a new facility and within 90 days of promulgation of these regulations for existing facilities.
(5)A large quantity handler of universal waste shall not break cathode ray tubes in used electronic devices.
(6)A large quantity handler of universal waste may disassemble used electronics provided that the handler:
(AA)Ensures that used electronics are disassembled in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;
(BB)Ensures that the disassembly operations are performed safely by developing and implementing a written procedure detailing how to safely disassemble each used electronic device managed at the facility. This procedure shall include: the type of equipment to be used to disassemble the used electronic device safely, operation and maintenance of equipment, segregation of incompatible wastes and proper waste management practices;
(CC)Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the used electronic device that may occur during disassembly operations;
(DD)Segregates and transfers the disassembled electronic components to containers that meet the requirements of § 1.14.5(A)(14)(a)((2)) of this Part.
(EE)Ensures that employees are thoroughly familiar with the procedures for disassembling used electronics, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies and
(FF)Maintains a system to ensure compliance with the written disassembling and management procedures.
b.Add “(f) Universal Waste Silver-containing photo fixing solutions. A large quantity handler of universal waste shall manage universal waste silver-containing photo fixing solutions in a way that prevents releases of any universal waste or component of a universal waste to the environment. The universal waste silver-containing photo fixing solutions shall be contained in one or more of the following:
(1)A container that remains closed, structurally sound compatible with the silver-containing photo fixing solutions, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or
(2)A container that does not meet the requirements of the above listed rule may be managed by placing it in an overpack container that does meet the requirements of this Part; or
(3)A tank that meets the requirements of the tank provisions in § 1.7.12(D) of this Part; or
(4)A transport vehicle or vessel that is closed, structurally sound, compatible with the silver-containing photo fixing solutions, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
c.Delete 40 C.F.R. § 273.33(c)(4)(iii) and replace with “(iii) If the mercury containing waste and/or residues containing mercury is not a characteristic hazardous waste, such waste shall still be handled as universal waste (or hazardous waste- R009) and not as solid waste.
15.40 C.F.R. § 273.34 – Labeling/marking. The provisions are incorporated by reference with the following changes:
a.Add “(f) Used electronics devices or containers of used electronic devices shall be clearly labeled (or clearly marked) as follows:
(1)Cathode ray tubes shall be labeled with one of the following phrases: “Universal Waste- Cathode Ray Tube(s)”, “Waste Cathode Ray Tube(s)” or “Used Cathode Ray Tube(s)”.
(2)Other used electronics devices (that are not cathode ray tubes) shall be labeled with one of the following phrases: “Universal Waste- “Used Electronic Devices not containing CRTs”.
b.Add “(g) A container, (or multiple container package unit), tank, transport vehicle or vessel that used universal waste silver-containing photo fixing solutions as described in § 1.14.3 are contained shall be labeled or marked clearly with the words “Universal Waste-Silver Containing Photo Fixing Solution(s)” or “Waste-Silver-Containing Photo Fixing Solution(s);”
16.40 C.F.R. § 273.38 - Off-site shipments. The provisions are incorporated by reference with the following change:
a.In paragraph (g) replace "appropriate regional EPA office" and "EPA regional office" with "Department".
17.40 C.F.R. § 273.51 – Prohibitions. The provisions are incorporated by reference with the following changes:
a.Add “(c) Prohibited from shredding, crushing or intentionally breaking universal waste.”
b.Add “(d) Prohibited from managing a significant number of broken items of universal waste of any given type in a transportation unit as universal waste. An insignificant number of unintentionally broken waste in a transportation unit may be managed as universal waste, provided that they are immediately managed to prevent releases of any universal waste or component of universal waste to the environment. For the purposes of these regulations, physical breakage of one item or less than 10% of the total amount of items onsite at any time shall be considered insignificant.
18.40 C.F.R. § 273.60 – Applicability. The provisions are incorporated by reference with the following change: In paragraph (a) after the phrase “of this chapter,” add “to all applicable requirements of §§ 1.9, 1.10 and 1.13 of this Part,”
19.40 C.F.R. § 273.61 - Off-site shipments. The provisions are incorporated by reference with the following change:
a.In paragraph (c) replace "appropriate regional EPA office" and "EPA regional office" with "Department".
20.40 C.F.R. § 273.80 – Petitions to Include Other Wastes, Under 40 C.F.R. § 273; General. The provisions are incorporated by reference with the following changes:
a.In 40 C.F.R. §§ 273.80(b) and 273.80(c), delete “Administrator” and replace with “Director”.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.15** Mixed Waste {#sec-250-ricr-140-10-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.15}
A.These rules apply to Mixed Waste as defined in § 1.5 of this Part.
B.Requirements for Mixed Waste: Mixed Waste shall be subject to this Part and to the Rhode Island Department of Health’s “Rules and Regulations for Radiation” (216-RICR-40-20).
C.Conditional Exemptions: The provisions of 40 C.F.R. Part 266 Subpart N are incorporated by reference, relative to the conditional exemptions for low-level mixed waste and the transportation and disposal conditional exemption for eligible NARM waste.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.16** Used Oil Management Standards {#sec-250-ricr-140-10-1-1.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.16}
1.16.1Purpose and Applicability
A.This rule provides an alternative to managing used oil as hazardous waste under § 1.7.3 of this Part (Hazardous Waste Determination); it identifies those materials that may and may not be managed as used oil, and establishes standards for their handling, storage, transport, aggregation, collection, and burning of used oil as fuel. This rule also establishes management standards for used oil that is reused, sent for reclamation, processed or burned for energy recovery. Used oil, as defined in § 1.5 of this Part, that is to be reused, reclaimed, processed, re-refined or burned for energy recovery is subject to the requirements of § 1.16 of this Part. This rule does not apply to used oil, or material derived from used oil, that is disposed of, sent for disposal or used in a manner constituting disposal, that shall be evaluated to determine if the used oil is subject to regulation as a hazardous waste in accordance with § 1.7.3 of this Part (Hazardous Waste Determination). Used oil that does not meet the definition of a hazardous waste and is not managed in accordance with § 1.11 of this Part shall be managed as a solid waste in accordance with the applicable regulations.
1.Used oil that exhibits any of the hazardous waste characteristics identified in § 1.5 of this Part or in 40 C.F.R. Part 261 Subpart C is subject to § 1.16 of this Part except that the used oil may be excluded from burning for energy recovery pursuant to §§ 1.5 and 1.16.3(A)(5) of this Part.
2.Mixtures of used oil and hazardous wastes that are federally listed in 40 C.F.R. Part 261 Subpart D shall be managed as hazardous waste
a.Used oil that contains greater than 1,000 ppm of total halogens is presumed to have been mixed with one or more halogenated hazardous wastes listed in 40 C.F.R. Part 261 Subpart D. Persons may rebut the presumption that the used oil has been mixed with the hazardous waste designated in 40 C.F.R. § 261.31 (a) as F001 or F002 by demonstrating through analysis that none of the following halogenated hazardous waste constituents are present in the used oil at a concentration of greater than 100 parts per million: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, chlorinated fluorocarbons, chlorobenzene, 1,1,2-trichloro-1,2,2-triflouroethane, ortho-dichlorobenzene, trichlorofluoromethane or 1,1,2-trichloroethane. To rebut the presumption that the used oil has been mixed with any hazardous waste, other than F001 or F002, listed in 40 C.F.R. Part 261, Subpart D, a person shall demonstrate that the used oil does not contain hazardous waste by having the used oil analyzed in accordance with § 1.7.3 of this Part and demonstrating that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of 40 C.F.R. Part 261. Unless and until such person has rebutted the presumption, a used oil containing more than 1,000 parts per million total halogens shall be considered a hazardous waste and shall be managed as such.
b.The rebuttable presumption set forth in § 1.16.1(A)(2)(a) of this Part does not apply to metal working oils/fluids that contain chlorinated paraffins that are reclaimed/processed under a tolling arrangement as defined in § 1.5 of this Part. Metal working oils/fluids that are recycled in any other manner are subject to the rebuttable presumption set forth in § 1.16.1(A)(2)(a) of this Part.
c.Used oil contaminated with Chlorofluorocarbons (CFCs) removed from refrigeration units that are destined for reclamation is not subject to the rebuttable presumption set forth in § 1.16.1(A)(2)(a) of this Part. The rebuttable presumption does apply to used oil contaminated with CFCs from sources other than refrigeration units.
3.Mixtures of used oil and hazardous waste where the hazardous waste mixed with the used oil is hazardous only because it exhibits the characteristic of ignitability identified in 40 C.F.R. § 261.21 are subject to this rule and may be managed accordingly if the resultant mixture does not exhibit any characteristics of hazardous waste identified in 40 C.F.R. Part 261 Subpart C.
a.Mixtures of used oil and ignitable hazardous waste that do not meet the criteria listed in § 1.16.1(A)(3) of this Part are not subject to this Part and shall be managed in accordance with § 1.7 of this Part.
4.Materials containing or otherwise contaminated with used oil are regulated as used oil under this Part, unless the used oil has been drained or removed to the extent practicable so that no free flowing liquid is present. Such materials, if all free flowing used oil is removed, are subject to the waste characterization requirements under § 1.7.3 of this Part (Hazardous Waste Determination) and may be subject to additional requirements of this Part if the materials meet the definition of Hazardous Waste. Materials contaminated with used oil that are burned for energy recovery in accordance with § 1.16.3 of this Part are regulated under this Part. Mixtures of used oil and any petroleum based products shall be managed in accordance with § 1.16 of this Part.
5.Used automotive engine oil filters that are not terne-plated and were not contaminated by mixtures of used oil and any Federally listed hazardous waste identified in 40 C.F.R. Part 261 Subpart D are not subject to § 1.16 or §§ 1.1 through and including 1.10 and 1.18 of this Part if the filters were gravity hot-drained using one of the following methods:
a.Puncturing the filter anti-drain back valve or the filter dome end and hot draining;
b.Hot-draining and mechanically crushing the filter;
c.Any other equivalent hot draining method that will remove all pourable liquids from the filter; or
d.Cold-draining and crushing using a mechanical, pneumatic, or hydraulic device designed for the purpose of crushing oil filters and effectively removing the oil.
6.Used automotive engine oil filters that are terne-plated are not subject to § 1.16 or §§ 1.1 through and including 1.10 and 1.18 of this Part if the generator processes the filters in accordance with § 1.16.1(A)(5) of this Part, sends the processed filters out for scrap metal reclamation and documents the recycling of the filters.
7.All free liquids that are collected as a result of any draining activity shall be properly managed in accordance with § 1.16 of this Part. Used automotive oil filters that are not fully drained using one of the methods prescribed above may be managed as a material contaminated with used oil in accordance with the requirements of § 1.16 of this Part.
8.Materials derived or otherwise reclaimed from used oil that are used in place of new product and are not burned for energy recovery or used in a manner constituting disposal are not used oil, are not hazardous waste and are not solid waste. Materials derived from used oil that are burned for energy recovery are subject to the requirements of § 1.16.3 of this Part. Materials derived from used oil that are used in a manner constituting disposal are subject to the requirements of § 1.7 of this Part.
9.Wastewater contaminated with “De Minimis” quantities of used oil that is discharged in accordance with the Department’s Water Quality Regulations (Part 150-05-1 of this Title), permits issued by local POTWs and Section 307 or Section 402 of the Clean Water Act is not regulated by this Part. De Minimis quantities for the purpose of this Rule shall be defined as leaks or drippings from equipment or machinery that enter the wastewater treatment system inadvertently during normal operations or maintenance. Used oil that enters a wastewater treatment system as a result of abnormal manufacturing processes (e.g., pipeline or pump failures) or by direct discharges and any used oil removed from wastewater is subject to § 1.16 of this Part.
10.Used oil produced on vessels from shipboard operations is not subject to § 1.16 of this Part until it is transported onto shore.
11.Used oil containing levels of polychlorinated biphenyls (PCBs) that are determined to be below 50 ppm through analytical testing (or by satisfying the requirements of 40 C.F.R. § 761.2) may be managed under § 1.16 of this Part. Used oil containing PCBs at levels of 50 ppm or greater are hazardous wastes as defined in § 1.5 of this Part and shall be managed in accordance with §§ 1.1 through 1.10 and 1.18 of this Part.
12.Household used oil generators are exempt from the provisions of § 1.16 of this Part. Once household generator used oil is in the possession of a used oil collection center, used oil transporter, used oil burner, or used oil processor/re-refiner, the used oil is subject to regulation under this rule.
13.Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to the requirements of this rule.
14.Mixtures of used oil and fuel or other fuel products and tank bottoms from such mixtures are subject to this Part.
15.Used oil burners, used oil generators, used oil transporters, used oil temporary storage facilities, used oil collection centers, used oil aggregation points, used oil processor/re-refiners and used oil marketers while handling used oil may also be subject to federal regulation by the USEPA pursuant to the Code of Federal Regulations (C.F.R.). Used oils containing any quantifiable levels of polychlorinated biphenyls (PCBs) are subject to regulation under 40 C.F.R. § 761.20(e). Used oils containing PCBs at levels of 50 ppm or greater are subject to regulation under all of 40 C.F.R. Part 761. The storage of used oil on-site may also be subject to regulation by the USEPA under 40 C.F.R. Part 112 (SPCC Program).
1.16.2Prohibitions:
A.The following uses or activities are prohibited:
1.The mixing of hazardous wastes with used oil, except as provided for in § 1.16.1(A)(3) of this Part;
2.The use of any used oil for road oiling or dust suppression;
3.Burning off-specification used oil as defined in § 1.16.3 of this Part, unless the used oil is generated on-site or at a used oil aggregations point also under the control of the generator and burned in used oil burning equipment with a capacity of equal to or less than five hundred thousand (500,000) Btu per hour;
4.Burning used oil for firefighter training;
5.Management of used oil in anything other than containers or tanks;
6.Any disposal of used oil to the land or waters of the State;
7.The disposal of used oil into a subsurface discharge system or Underground Injection Control system (UIC); and
8.Shipment of used oil to a facility that has not notified the Department of its used oil activity and/or obtained the appropriate Letter of Authorization or Permit as required by § 1.16 of this Part; unless the used oil is being managed as a hazardous waste in accordance with the requirements of §§ 1.7 and 1.8 of this Part.
1.16.3Burning Used Oil for Energy Recovery:
A.This rule applies to owners and operators of used oil burning equipment as defined in § 1.5 of this Part. Used oil, or any fuel produced by processing used oil, may only be burned at a commercial facility in a space heater, industrial furnace or boiler provided that the used oil burner conducting the burning complies with all of the requirements of this rule. Used Oil Processor/re-refiner facilities that burn small amounts of used oil as a result of processing used oil are not subject to the requirements of § 1.16.3 of this Part.
1.Used oil burners that utilize used oil burning equipment with heat input capacity of less than or equal to 500,000 BTU/hr to burn either specification used oil or off-specification used oil shall comply with the following requirements:
a.The used oil burner only burns used oil that is generated on-site by routine facility processes; and
b.The emissions produced by the used oil burning equipment are vented to ambient air outside of any building or structure.
2.Used oil burners that utilize used oil burning equipment with heat input capacity of less than or equal to 500,000 BTU/hr to burn specification used oil that was not generated on-site shall comply with the following requirements:
a.Prior to burning, the used oil burner has the used oil analyzed by a laboratory, or obtains certified copies of analytical test results conducted by a laboratory from the used oil generator, used oil transporter, or used oil processor/re-refiner to verify that it meets the definition of specification used oil;
b.The used oil burner shall maintain copies of the actual analytical testing results at the facility where the burning activity occurs for a period of at least (3) three years and shall provide such records to the DEM upon request;
c.The used oil burner may aggregate off-specification used oil generated on-site or at a used oil aggregations point also under the control of the generator with virgin oil or specification used oil for the purposes of burning used oil on-site provided that the used oil burner first has the mixture of used oil analyzed to ensure that it meets the definition of specification used oil in accordance with this section, but may not aggregate for the purposes of producing specification used oil for offsite shipment;
d.The used oil burner, prior to burning any used oil, shall notify the Department’s Office of Air Resources of his/her intent to burn specification used oil in accordance with § 1.16 of this Part. Used oil burners subject to the requirements of § 1.16.3(A)(2) of this Part shall obtain an EPA Identification Number as per § 1.7.4(A) of this Part.
3.Used oil burners that utilize used oil burning equipment with heat inputs of greater than 500,000 BTUs/hr but less than 1,000,000 BTUs/hr to burn used oil shall comply with the following requirements:
a.The used oil burner only burns used oil that meets the definition of specification used oil contained in § 1.16.3 of this Part;
b.Prior to burning, the used oil burner has the used oil analyzed by a laboratory, or obtains certified copies of analytical test results conducted by a laboratory from the used oil generator, used oil transporter, or used oil processor/re-refiner to verify that it meets the definition of specification used oil;
c.The used oil burner shall maintain records of analytical testing at the facility where the burning activity occurs for a period of at least three years and shall provide such records to the DEM upon request;
d.The used oil burner may aggregate off-specification used oil generated on-site with virgin oil or specification used oil for the purposes of burning used oil on-site provided that the used oil burner first has the mixture of used oil analyzed to ensure that it meets the definition of specification used oil in accordance with this rule, but may not aggregate for the purposes of producing specification used oil for offsite shipment;
e.The used oil burner, prior to burning any used oil, shall notify the Department’s Office of Air Resources of his/her intent to burn specification used oil in accordance with § 1.16 of this Part. Used oil burners subject to the requirements of § 1.16.3(A)(3) of this Part shall obtain an EPA Identification Number as per § 1.7.4(A) of this Part.
4.Used oil burners that utilize used oil burning equipment with heat inputs of greater than or equal to 1,000,000 BTUs/hr to burn used oil shall comply with the following requirements:
a.The used oil burner only burns used oil that meets the definition of specification used oil contained in these regulations;
b.Prior to burning the used oil burner has the used oil analyzed by a laboratory, or obtains certified copies of analytical test results conducted by a laboratory from the generator, transporter or processor, to verify that it meets the definition of specification used oil;
c.The used oil burner shall maintain records of analytical testing at the facility where the burning activity occurs for a period of at least three years and shall provide such records to the Department upon request;
d.The used oil burner may aggregate off-specification used oil generated on-site with virgin oil or specification used oil for the purposes of burning used oil on-site provided that the used oil burner first has the mixture of used oil analyzed to ensure that it meets the definition of specification used oil in accordance with this rule, but may not aggregate for the purposes of producing specification used oil for offsite shipment;
e.The used oil burner shall obtain written approval for such activity from the Department’s Office of Air Resources pursuant to its Air Pollution Control Regulations (Chapter 120 Subchapter 05 of this Title) prior to burning used oil. Used oil burners subject to the requirements of § 1.16.3(A)(4) of this Part shall obtain an EPA Identification Number by submitting a completed notification to the Department as per § 1.7.4(A) of this Part.
5.Specification used oil shall meet the limits established in Table 3, § 1.16.3(A)(6) of this Part below. Used oil burners, used oil generators, used oil transporters, used oil collection centers, used oil aggregation points, used oil processor/re-refiners and used oil marketers shall conduct the analytical test methods listed in Table 3, § 1.16.3(A)(6) of this Part below in order to demonstrate that their used oil meets the definition of specification used oil. Alternate test methods may be used provided the person, prior to testing, documents in writing that the test method to be used is approved by the EPA.
6.Table 3: Constituent/ property, Allowable levels, Test methods
Table 3
Constituent/property
Allowable levels (Using Column C test methods)
Test Methods
Arsenic
5 ppm maximum
EPA Methods 7060A, 761A, 7062, 6010B, or 6020
Cadmium
2 ppm maximum
EPA Methods 7130, 7131A, 6010B, or 6020
Chromium
10 ppm maximum
EPA Methods 7190, 7191, 6010B, or 6020
Lead
100 ppm maximum
EPA Methods 7420, 7421, 6010B, or 6020
Polychlorinated biphenyls (PCBS)
<2 ppm
EPA Method 600/4-81-045
Flash Point
100 Degrees F minimum
EPA Methods 1010 or 1020A
Total Halogens
1,000 (see Rules 15 (E)(1))
EPA Methods 9075, 9076, 9077, 5050/9056, 5050/9253, or ASTM Method D 808-95
a.Used oil that contains greater than 1,000 ppm total halogens is presumed to be a hazardous waste and is subject to the rebuttable presumption set forth in § 1.16.1(A)(2)(a) of this Part. If the used oil burner successfully demonstrates that the halogens contained in the used oil are not listed in 40 C.F.R. Part 261 Subpart D, then the allowable level of total halogens will be a maximum of 4,000 ppm.
b.Test Methods identified in Table 3, § 1.16.3(A)(6) of this Part, as EPA Methods shall mean the test method as described in EPA Publication SW-846, as incorporated by reference in 40 C.F.R. § 260.11 of this chapter.
7.Used oil burners are subject to any applicable sections of the Oil Pollution Control Regulations (Subchapter 25 Part 2 of this Chapter) and the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter) and shall also comply with all of the following storage and handling requirements:
a.Storage Units: Used oil burners shall not store used oil in units other than tanks and containers.
b.Condition of Storage Units: Containers and aboveground storage tanks used to store used oil on-site shall be:
(1)In good condition and free of severe rusting, corrosion or structural defects. In the event that a container or aboveground storage tank has deteriorated to a point at which the container or tank threatens to leak, the used oil burner shall transfer the used oil from the failing storage unit to a container or above ground storage tank that is in good condition;
(2)Liquid tight with no visible leaks.
c.Secondary Containment for Containers and Aboveground Tanks: Containers and aboveground tanks used to store used oil shall be equipped with a secondary containment feature that at a minimum has the following:
(1)An impervious floor or bottom covering the entire storage area; and
(2)Dikes, berms or walls capable of containing a spill or release; and
(3)A capacity equivalent to a minimum of 100% of the volume of used oil stored at the facility; and
(4)The entire system shall be impervious to used oil to prevent a release; or
(5)An equivalent containment system may be substituted if prior approval is obtained from the Director.
d.Storage in Underground Storage Tanks (USTs): Used oil burners that store used oil in USTs shall do so in accordance with the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter).
e.Exterior Storage: Used oil burners that store used oil in containers and/or aboveground tanks outdoors shall either construct the storage area with a means to prevent the accumulation of stormwater in the secondary containment device; or obtain a Stormwater Permit from the Department’s Office of Water Resources prior to the construction of the storage area.
f.Labeling: Containers and aboveground storage tanks used to store used oil on-site shall be clearly and permanently marked with the words “Used Oil”. Fill pipes for underground storage tanks used to store used oil at a used oil burner’s facility shall be clearly marked with the words “Used Oil”. Markings for USTs shall comply with the requirements of the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter).
g.Response to releases: Upon detection of a release of used oil a used oil burner shall perform the following:
(1)Comply with the requirements of the Oil Pollution Control Regulations, the Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials and all other applicable Federal, State and Municipal Statutes, Rules and
(2)Regulations relating to the release and handling of oil/pollutants;
(3)Take immediate steps to stop the release;
(4)Contains all of the released used oil;
(5)Clean up and properly manage the used oil and any other materials that were contaminated with used oil;
(6)Repair or replace any leaking or damaged storage units; and
(7)Immediately notify the Department’s Emergency Response Program (at 222-1360 or after hours at 222-3070), the local authorities and, if required by 49 C.F.R. § 171.15, notify the National Response Center (800-424-8802).
h.Tracking: Used oil burners who receive used oil from off-site shall keep a record of each shipment of used oil for a period of at least three years. This record shall contain at least the following information:
(1)Name, address and EPA Identification number, if applicable, of the used oil generator or used oil processor/re-refiner that generated the used oil;
(2)The name, address and EPA Identification number of the used oil transporter who delivered the used oil;
(3)Quantity of used oil received;
(4)Date of shipment or delivery;
(5)A cross-reference to the record of the used oil analysis or other information used to make the determination that the used oil meets the definition of specification used oil prior to burning.
8.Management of Residues: Used oil burners who generate residues from the storage or burning of used oil shall manage the residues in compliance with this Part.
1.16.4Used Oil Generator Standards:
A.Used oil generators are subject to the requirements of this Part. Household used oil generators are not subject to the requirements of this rule. Once household used oil is accepted by a used oil collection center the used oil is subject to regulation under this Part. The owner or operator of vessels and the person removing or accepting used oil from the vessel are co-generators of the used oil and both are responsible for managing the used oil in compliance with this Part once the used oil is transported ashore. The co-generators may decide which of them will fulfill the requirements of this Part. Used oil generators shall store used oil on-site in containers, aboveground storage tanks or in underground storage tanks only provided that they comply with the following requirements:
1.Container Storage: Used oil generators that store used oil in containers shall do so in accordance with the following requirements:
a.The amount of used oil stored on-site by a used oil generator shall not exceed 1,320 gallons (equivalent to twenty-four 55 gallon drums) unless the used oil generator:
(1)Prepares a contingency plan that satisfies all of the requirements of § 1.7 of this Part and maintains the plan on-site for use in case of a fire spill or emergency;
(2)Does not store the excess used oil (amount greater than 1,320 gallons) on-site for greater than 180 days; and
(3)Marks the containers holding the excess used oil with the initial date upon which the excess used oil began accumulating.
b.Containers holding used oil shall be in good condition and free of rusting or structural defects that threaten the integrity of the container. In the event that a container deteriorates and begins to leak the generator shall transfer the used oil to a container that is in good condition;
c.Containers holding used oil shall be clearly marked with the words “Used Oil”; and
d.Containers of used oil that are stored outside the facility shall be placed on an impervious surface under a roofed structure and protected from precipitation and flooding.
e.Containers shall be kept closed except when adding or removing used oil.
2.Storage in Aboveground Storage Tanks (ASTs): Generators that store used oil in ASTs shall do so in accordance with the following requirements:
a.ASTs used by used oil generators to store used oil shall be registered with the Department. AST’s shall follow the management standards outlined in the Oil Pollution Control Regulations (Subchapter 25 Part 2 of this Chapter);
b.Aboveground storage tanks holding used oil shall be permanently marked with the words “Used Oil”; and
c.Aboveground storage tanks holding used oil shall be kept closed at all times, unless adding or removing used oil.
3.Storage in Underground Storage Tanks (USTs): Used oil generators that store used oil in USTs shall do so in accordance with the following requirements:
a.Underground storage tanks used for storing used oil shall be registered with the Department and managed in accordance with the Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (Subchapter 25 Part 1 of this Chapter); and
b.Underground storage tanks holding used oil shall have the fill pipe marked or labeled to clearly indicate used oil storage.
4.Response to Used Oil Releases: Used oil generators shall maintain an adequate volume of spill control equipment on-site to contain and clean up the entire volume of used oil stored on-site and upon detection of a release of used oil shall:
a.Take immediate steps to stop and control the release;
b.Clean up, contain and properly manage the used oil and other resultant wastes;
c.Repair or replace all damaged or leaking containers or tanks prior to returning them to service;
d.Notify the Department’s Emergency Response Program (at 222-1360 or after hours at 222-3070); the local authorities and, if required by 49 C.F.R. § 171.15, notify the National Response Center (800-424-8802); and
e.Comply with the requirements of the “Oil Pollution Control Regulations” (Subchapter 25 Part 2 of this Chapter), “Rules and Regulations for Underground Storage Facilities Used For Petroleum Products and Hazardous Materials” (Subchapter 25 Part 1 of this Chapter) and all other applicable Federal, State and Municipal Rules and Regulations relating to the release and handling of spilled or released used oil.
5.Processing of Used Oil: Except as provided in §§ 1.16.4(A)(5)(a) through (e) of this Part below; used oil generators that process or re-refine used oil are subject to the requirements of § 1.16.8(H) of the Part. Used oil generators may conduct the following activities provided that the used oil is not sent off-site for burning as specification used oil:
a.Filtering, cleaning or otherwise reconditioning used oil before returning it for reuse by the generator;
b.Separating used oil from wastewater generated on-site to make the wastewater suitable for discharge in accordance with a permit issued by a local Publicly Owned Treatment Works (POTWs), the
c.Department’s Water Quality Regulations (Part 150-05-1 of this Title) and Section 307 or 402 of the Clean Water Act;
d.Using oil mist collectors to remove used oil from the in-plant air to make the air in the plant suitable for continued recirculation;
e.Draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove the oil to the extent practicable pursuant to § 1.16(A)(4) of this Part; and
f.Filtering, separating or otherwise reconditioning used oil before burning it on-site in a space heater in accordance with § 1.16.4(A)(6) of this Part.
6.Burning of used oil on-site. Used oil generators may burn used oil on-site in space heaters in accordance with the provisions of § 1.16.3 of this Part.
7.Off-site shipments. Except as provided in §§ 1.16.4(A)(7)(a) and (b) of this Part, used oil generators shall ensure that their used oil is shipped off-site by a used oil transporter who is permitted by the Department in accordance with §§ 1.11(G) and 1.5 of this Part.
a.Self-transportation: A used oil generator of used oil may transport used oil generated on-site without complying with the transporter requirements contained in § 1.16.7 of this Part, provided that:
(1)The used oil is transported in a vehicle owned by the used oil generator or a vehicle owned by an employee of the used oil generator;
(2)Not more than 55 gallons of used oil is transported at any time;
(3)Containers used to transport used oil shall meet USDOT standards and be USDOT approved; and
(4)The used oil is transported to an aggregation point as defined in § 1.16.5 of this Part.
b.Tolling arrangements: Used oil generators may arrange for used oil to be transported by a used oil transporter that does not have an EPA identification number if the used oil is reclaimed under a contractual agreement pursuant to which reclaimed oil is returned by the used oil processor/re-refiner to the used oil generator for use as a lubricant, cutting oil or coolant. The contract (known as a “tolling arrangement”) shall indicate the following:
(1)The type of used oil and the frequency of shipments;
(2)That the vehicle used to transport the used oil to the processing/re-refining facility and to deliver the recycled used oil back to the used oil generator is owned and operated by the used oil processor/re-refiner; and
(3)That the reclaimed oil will be returned to the used oil generator.
c.Tracking: Used oil generators shall keep a record of each used oil shipment sent off-site for processing or burning for a period of at least three years that shall include the following:
(1)The name and address of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;
(2)The EPA Identification Number (if applicable) of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;
(3)The quantity of used oil shipped;
(4)The date the used oil was received by the used oil transporter or used oil processor/re-refiner; and
(5)The name and signature of an agent of the used oil generator, used oil transporter or used oil processor/re-refiner that provided the used oil for transport.
8.Service Companies: Companies that service oil-fired furnaces that heat buildings may self-transport quantities of used oil not greater than five (5) gallons generated by their service activity back to their facility in accordance with the following requirements:
a.The used oil shall be placed in a closed container;
b.The container shall be marked with the words “Used Oil”;
c.The vehicle used for the transportation shall have adequate spill control material in the vehicle at all times;
d.The used oil shall be transferred to an appropriate storage container or tank upon return to the company’s place of business;
e.The company shall be considered to be the generator of the used oil and shall manage the used oil in accordance with all of the applicable requirements of § 1.16 of this Part.
9.The rebuttable presumption contained in § 1.16.1(A)(2) of this Part applies to used oil generated and managed by used oil generators.
1.16.5Used Oil Aggregation Points:
A.Applicability. This rule applies to owners or operators of all used oil aggregation points as defined in § 1.5 of this Part.
B.Used Oil Aggregation Point requirements. Used oil generators may consolidate used oil from multiple facilities that are owned and operated by their company at used oil aggregation points for storage purposes prior to shipping off-site or burning on-site as defined under § 1.16.3 of this Part provided that they comply with all of the used oil generator requirements contained in § 1.16.4 of this Part.
C.Transportation. Owners and operators of used oil aggregation points may transport used oil without a permit from the point of generation to used oil aggregation points in shipments of not more than 55 gallons at one time in accordance with the requirements of § 1.16.4(A)(7)(a) of this Part.
1.16.6Used Oil Collection Centers:
A.Applicability. This rule applies to owners or operators of used oil collection centers as defined in § 1.5 of this Part.
B.Persons who own or operate a used oil collection center shall obtain an EPA Identification Number and notify the Department of such activity and by submitting a completed Notification as per § 1.7.4 of this Part.
C.Used Oil Collection Center requirements. Owners and operators of used oil collection centers shall comply with all of the used oil generator requirements contained in § 1.11(D) of this Part.
D.Receiving Used Oil: Used oil collection centers may accept household used oil only. Used oil collection centers that receive used oil that does not meet the definition of a household used oil are considered used oil processor/re-refining facilities and are subject to the requirements of § 1.11(H) of this Part.
1.16.7Used Oil Transporter and Temporary Storage Facility Standards:
A.Applicability: This Rule shall apply to used oil transporters as defined in § 1.5 of this Part. Used oil transporters who import or export used oil are subject to this rule while the used oil is within the State of Rhode Island.
B.Exceptions: The following persons and activities are not subject to the requirements of this rule:
1.On-site transportation of used oil by a used oil generator or the owner or operator of the facility;
2.Used oil generators who transport their used oil to aggregation points that are owned and operated by the used oil generator in shipments of not more than 55 gallons in accordance with the requirements of § 1.16.4(A)(7)(a) of this Part;
3.Transportation of household used oil to a used oil collection center by a household used oil generator.
C.Transporter Restriction:
1.Used oil transporters may not consolidate or aggregate loads of used oil at their facility unless they comply with the requirements of § 1.16.7(H) of this Part and may not process or re-refine used oil unless they comply with § 1.16.8 of this Part;
2.Transportation units used to transport hazardous waste shall be properly decontaminated in accordance with § 1.8.10 of this Part before transporting used oil; and
3.Used oil transporters that direct a shipment of specification used oil to a used oil burner or first claim that the used oil meets the requirements for specification used oil shall be subject to the requirements of § 1.16.9 of this Part.
D.Permit Requirements. Transporters of used oil shall:
1.Obtain an EPA Identification Number by submitting to the Department a completed Notification of Regulated Waste Activity form (per § 1.7.4 of this Part); and
2.Obtain a permit to transport used oil in accordance with the requirements of the §§ 1.8.2 and 1.8.3 of this Part unless the transporter already poses a valid permit issued by the Department for the transportation of hazardous waste. A separate permit to transport used oil is not required if the transporter already has a permit issued by the DEM to transport hazardous waste.
E.Liability Insurance: Used oil transporters shall maintain liability insurance, including the hazardous material rider (MCS 90) as specified in 49 C.F.R. § 387.7(d), sufficient to provide coverage of $1,000,000.00 (one million dollars) per incident.
F.Used Oil Analysis: Prior to transporting used oil to a used oil burner or a used oil processor/re-refiner facility or storing used oil at a used oil temporary storage facility, the used oil transporter shall determine if the used oil has a total halogen content of greater than 1,000 ppm. This determination is made by testing the used oil or applying product knowledge of the materials in use and the process that generated the used oil. In the event that the used oil has a total halogen content greater than or equal to 1,000 ppm, the used oil will be presumed to have been mixed with a halogenated hazardous waste. In accordance with § 1.16.1(A)(2) of this Part the transporter may rebut this presumption. The rebuttable presumption does not apply to metal working oils/fluids containing used oils contaminated with chlorinated paraffins and chlorofluorocarbons that are managed in accordance with § 1.16.1(A)(2) of this Part. The used oil transporter shall maintain records of all analytical testing or determinations made based on product knowledge for a period of at least three (3) years. The used oil transporter may use analytical data or written documentation demonstrating product knowledge obtained from the used oil generator when making a determination regarding the status of a shipment of used oil.
G.Used Oil Transportation:
1.A used oil transporter shall deliver shipments of used oil to only the following:
a.Another used oil transporter, provided that the transfer occurs at an approved used oil temporary storage or permitted hazardous waste treatment, storage and disposal facility and the other used oil transporter has obtained a permit from the Department and an EPA Identification Number;
b.If handling household used oil, a used oil collection facility that has obtained an EPA Identification Number;
c.A used oil processing/re-refining facility that has obtained an EPA Identification Number; or
d.A used oil burner’s facility that has obtained an EPA Identification Number.
2.Used Oil Spills and Releases: In the event of a spill or release of used oil the transporter shall:
a.Take immediate steps to stop and contain the release;
b.Immediately notify the Department’s Emergency Response Program (at 222-1360 or after hours at 222-3070), the proper local authorities, and if required by 49 C.F.R. § 171.15 and/or 49 C.F.R. § 403.12(f), notify the National Response Center (800-424-8802), and for transporting over water give notice as required by 33 C.F.R. § 153.203;
c.Provide a written report to the Department within ten (10) days of the incident detailing the steps that were taken to remediate the release and provide a written report to the USDOT, as required by 49 C.F.R. § 171.16; and
d.Clean up and properly dispose of any used oil that was discharged and any materials contaminated with the used oil.
e.In emergency situations, removal of used oil and materials contaminated with used oil may be conducted by a used oil transporter that does not have an EPA Identification Number, if so authorized by the Department.
3.Tracking:
a.Used oil transporters shall keep a record of each used oil shipment accepted for transport for a period of at least three years that shall include the following:
(1)The name and address of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;
(2)The EPA Identification Number (if applicable) of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;
(3)The quantity of used oil accepted;
(4)The date of acceptance; and
(5)The name and signature of an agent of the used oil generator, used oil transporter or used oil re-refiner who provided the used oil for transport.
b.Deliveries: Used oil transporters shall keep a record of each shipment of used oil that is delivered to another used oil transporter, used oil processor/re-refiner, or used oil burner that shall include:
(1)The name and address of the receiving facility or used oil transporter;
(2)The EPA Identification number of the receiving facility or used oil transporter;
(3)The quantity of used oil delivered;
(4)The date of the delivery;
(5)The name and signature, dated upon receipt of the used oil, of an agent of the receiving facility or used oil transporter.
(6)All records generated by the transportation of used oil shall be retained by the transporter for a period of at least three years.
H.Used Oil Temporary Storage Facilities: Used oil transporters may store used oil at their facility for not more than thirty-five days prior to transporting it to a regulated used oil facility provided that they first obtain written authorization from the Director. This Part shall not apply to used oil stored on a permitted transportation unit for less than seventy-two hours prior to off-site transportation, provided that the used oil is not transferred off the transportation unit while in storage at the facility.
1.Applicability: This Rule applies to used oil temporary storage facilities where shipments of used oil are stored on-site for less than 35 days. Used oil temporary storage facilities that store used oil for more than 35 days are subject to the requirements of § 1.16.8 of this Part.
2.Authorization Requirements: All persons who shall construct, substantially alter, operate or own a used oil temporary storage facility shall first submit a complete application to the Office of Land Revitalization and Sustainable Materials Management and obtain a Letter of Authorization from the Director prior to conducting any such activities on-site.
3.Closure Plan and Financial Requirements: Owners or operators of used oil temporary storage facilities shall develop a closure plan, complete with a cost estimate for closing down their facility, and submit this plan along with an application for Authorization as defined in § 1.16.7(H)(5) of this Part. Owners or operators shall document their financial ability to complete the closure plan equivalent to the cost estimate contained within the closure plan. If the owner or operator fails to satisfy these requirements the Director may deny their Application for Authorization.
4.Operating a used oil temporary storage facility without a Letter of Authorization or a renewal of authorization is prohibited.
5.Application Specifications: All applications for Authorization shall contain at least the following information:
a.The location of the facility, including the Assessor’s Plat and Lot numbers;
b.The name and address of the property owner and operator of the Facility;
c.A complete description of the used oil transfer and storage operations at the facility;
d.A site plan depicting the Facility’s floor plan, yard layout, drainage system and storage location(s).
e.A complete list of all pollution control and safety equipment to be utilized or maintained on-site.
f.A copy of the applicant’s liability insurance policy for the Facility; and
g.The facility’s closure cost estimate and financial assurance mechanism.
6.Application Fees: An application fee of six thousand dollars ($6,000.00) shall be submitted with each new application for a Letter of Authorization to operate a used oil temporary storage facility.
7.Authorization Period: Each Letter of Authorization shall be valid for a period of not more than three (3) years from the date of issuance.
8.Expiration of Authorization/Renewal of Authorization: At least ninety (90) days before the end of the authorization period specified above, the owner/operator may submit a renewal application in accordance with the requirements of this rule in order to renew its Authorization to operate a used oil temporary storage facility. This application shall include all of the information required in § 1.16.7(H) of this Part and a renewal application review fee of three thousand ($3,000.00) dollars.
9.Posting: Any Letter of Authorization issued hereunder shall be maintained on the Facility and posted in a conspicuous location.
10.Change of Ownership or Location: Changes in ownership, administration or location of used oil temporary storage facilities are subject to the following requirements:
a.The Director shall be notified in writing thirty days prior to a change in ownership of the facility or legal entity operating the facility or location or discontinuance of services;
b.A Letter of Authorization shall immediately become void and shall be returned to the Director upon change in location of any facility;
c.A Letter of Authorization is voidable at the sole discretion of the Department whenever there is any sale of the facility or change in ownership of the property of the legal entity operating the facility. A new entity, prior to the commencing of operation of the facility, shall satisfy the Director of its ability to safely operate the facility, as well as its financial ability to operate and close said facility. This demonstration to the Director by the new entity shall include a proposed date for the transfer of the Letter of Authorization, liability insurance coverage and any other information that the Director may request. After a review of this information, the Director shall either approve or deny the transfer of the Letter of Authorization;
d.The original operator shall remain fully liable for the operation of the facility under the terms of the Authorization Letter and applicable regulations until the Director transfers the Authorization to the new owner/operator.
11.The Director may revoke or suspend a Letter of Authorization in the event that a determination is made by the Director that the facility is not being operated in a manner that is consistent with these Regulations or the Letter of Authorization.
12.Used oil temporary storage facilities shall comply with the applicable sections of the used oil generator requirements contained in §§ 1.16.4(A)(1), (2), (3) and (4) of this Part.
13.Storage Units: Owners or operators of used oil temporary storage facilities may not store used oil in units other than tanks and containers.
14.Condition of Storage Units: Containers and aboveground storage tanks used to store used oil at used oil temporary storage facilities shall be:
a.In good condition and free of severe rusting, corrosion or structural defects. In the event that a container deteriorates and begins to leak the generator shall transfer the used oil to a container that is in good condition;
b.Liquid tight with no visible leaks;
c.Kept closed except when adding or removing used oil.
15.Secondary Containment for Containers and Aboveground Storage Tanks (ASTs): Containers and ASTs used to store used oil shall be equipped with a secondary containment feature that at a minimum has the following:
a.An impervious floor or bottom covering the entire storage area; and
b.Dikes, berms or walls capable of containing a spill or release; and
c.A capacity equivalent to a minimum of 100% of the volume of used oil stored in the containers at the facility; and
d.The entire system shall be impervious to used oil to prevent a release; or
e.An equivalent containment system may be substituted if prior approval is obtained from the Director.
16.Exterior Storage: Owners and operators of used oil temporary storage facilities that store used oil in containers and/or aboveground tanks outdoors shall either construct the storage area with a means to prevent the accumulation of stormwater in the secondary containment device; or obtain a Stormwater Permit from the Department’s Office of Water Resources prior to the construction of the storage area.
17.Labeling: Containers and aboveground storage tanks used to store used oil at used oil temporary storage facilities shall be clearly and permanently marked with the words “Used Oil”. Fill pipes for underground storage tanks used to store used oil at used oil temporary storage facilities shall be clearly marked with the words “Used Oil”. Markings for USTs shall comply with the requirements of the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter).
18.Response to releases: Upon detection of a release of used oil, the owner or operator of a used oil temporary storage facility shall perform the following:
a.Take immediate steps to stop the release;
b.Contains all of the released used oil;
c.Clean up and properly manage the used oil and any other materials that were contaminated with used oil;
d.Repair or replace any leaking or damaged storage units prior to returning them to service; and
e.Immediately notify the Department’s Emergency Response Program (at 222-1360 or after hours at 222-3070), the local authorities and, if required by 49 C.F.R. § 171.15, notify the National Response Center (800-424-8802).
f.Comply as applicable with the requirements of the Oil Pollution Control Regulations (Subchapter 25 Part 2 of this Chapter), Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter) and all other applicable Federal, State and Municipal Rules and Regulations relating to the release and handling of spilled or released used oil.
19.Tracking: Owners or operators of temporary storage facilities shall keep a written log of each used oil shipment received for temporary storage at the facility and of each off-site shipment of used oil from the facility for a period of at least three years. The owner or operator shall also reconcile the incoming and outgoing shipments of used oil every thirty-five (35) days on the written log in order to demonstrate that used oil is not being stored for greater than the allowed thirty five (35) day time period. The written logs shall be provided to the Department upon request.
I.Management of residues. Used oil transporters and temporary storage facilities who generate residues from the storage or transportation of used oil shall manage them in compliance with § 1.16.1(A)(6) of this Part.
1.16.8Used Oil Processor and Re-Refiner Standards
A.Applicability: The requirements of this Part apply to owners and operators of facilities that process used oil as defined in § 1.5 of this Part.
1.The requirements of § 1.16.8 of this Part does not apply to:
a.Incidental processing that occurs during transport (e.g., settling and water separation);
b.Used oil removed from electrical transformers or turbines and filtered by the used oil transporter prior to being returned to its original use;
c.Used oil generators that conduct incidental processing in accordance with § 1.16.4(A)(5) of this Part; or
d.Used oil burners that conduct incidental processing operations during the normal course of used oil management prior to burning or that aggregate off-specification used oil with virgin or specification used oil for the purposes of burning.
2.Used oil processors/re-refiners are subject to other applicable Rules as follows:
a.Processors/re-refiners who generate used oil shall comply with the requirements of § 1.16.4 of this Part;
b.Processors/re-refiners who transport used oil shall also comply with the requirements of § 1.16.7 of this Part;
c.Processors/re-refiners who burn used oil for energy recovery shall also comply with the requirements of § 1.16.3 of this Part;
d.Processors/re-refiners who direct a shipment of used oil to a used oil burner or first make the claim that used oil meets the requirements of specification used oil shall also comply with the requirements of § 1.16.9 of this Part.
B.Permit Requirement: All persons who shall construct, substantially alter, operate or own a used oil processing or re-refining facility shall first obtain a permit from the Director prior to conducting any such activities. Operating a used oil processor/re-refiner facility without a permit is prohibited.
C.Liability Insurance: Owners or operators of used oil processor/re-refiner facilities shall maintain liability insurance sufficient to provide coverage of $1,000,000.00 (one million dollars) per incident.
D.Closure Plan and Financial Requirements: Owners or operators of used oil processor/re-refiner facilities shall submit to the Department’s Office of Land Revitalization and Sustainable Materials Management a closure plan, complete with a cost estimate for closure and cleanup of the facility, along with an application for a permit as set forth in § 1.16.8 of this Part. Owners or operators shall also include a financial assurance mechanism demonstrating the financial ability of the applicant to fund the closure cost estimate contained in the closure plan. If the owner or operator fails to satisfy each of these requirements the Director may deny their application for a permit.
E.Application Specifications: All applications for a permit shall specify the following:
1.The location of the facility including the Assessor’s Plat and Lot numbers;
2.The name and address of the owner and operator of the facility;
3.A complete description of the operations at the facility subject to the permit with specific statements of operational limitations and/or capacity limitations;
4.A complete description of the types of used oil that will be stored onsite and the processing and or recycling activities that will be conducted on-site;
5.A statement detailing any reporting or monitoring requirements that the owner/operator will conduct to ensure that the facility will be operated and maintained in compliance with these Regulations;
6.A site plan depicting the Facility’s floor plan, yard layout, drainage system and storage location(s);
7.A complete list of all pollution control and safety equipment to be utilized or maintained on-site; and
8.A complete description of the applicant’s financial ability to safely operate, and maintain the Facility.
F.Fees: The application fee for a permit shall be submitted with the application and shall be ten thousand dollars ($10,000.00) for the issuance of a new permit and five thousand dollars ($5,000.00) for the renewal of a permit.
G.Permit Posting: Any permit issued hereunder shall be posted in a conspicuous location, maintained on-site at the subject facility and be made available for review by the Department personnel upon request.
H.Issuance, Denial, Revocation or Suspension of Permits: The Director is authorized by R.I. Gen. Laws § 23-19.1-10 to issue, deny, revoke, or suspend a permit in accordance with these Rules and Regulations. The DEM shall comply with the procedures set forth in § 1.9 of this Part for processing these applications and shall substitute the words “used oil processing/re-refining facility” for the words “hazardous waste management facility” as it is referred to in § 1.9 of this Part.
I.Application Requirements: Applications submitted to the Department for the construction or modification of a facility that processes or re-refines used oil shall contain all of the applicable elements required in § 1.9 of this Part.
J.Duration and Renewal of Permits: Permits for used oil processing or re-refining facilities shall be issued for a period not to exceed five (5) years and may be extended or renewed by the Director for a period of not more than five (5) years. A new permit application is required at the end of the ten-year period and shall be submitted at least one hundred eighty (180) days prior to the expiration of the existing permit. Permit renewal applications will be processed in accordance with §§ 1.16.8(H) and (I) of this Part.
K.Notification: Used oil processors and re-refiners shall also notify the Department of such activity and obtain an EPA Identification Number as per § 1.4.4(A) of this Part.
L.General Facility Standards: Owners and operators of facilities that process or re-refine used oil shall comply with the following requirements:
1.Facilities shall be maintained and operated to minimize the possibility of a fire, explosion or any accidental release of used oil to air, soil, groundwater or surface water that could threaten human health or the environment.
2.All facilities shall be equipped with the following:
a.An internal communication or alarm system capable of providing immediate emergency instruction to facility personnel;
b.Devices, such as a telephones or other devices located in appropriate locations throughout the facility capable of summoning emergency assistance from local fire departments, police departments or the State Emergency Response team;
c.Portable fire extinguishers or fire control equipment, spill control equipment and decontamination equipment designed to control and contain fires, spills or releases involving oil and related materials; and
d.Fire hoses and water of adequate volume and pressure or other fire suppressant systems such as foam producing equipment or automated sprinkler systems to provide for immediate response to fires in the facility and to meet all local and State building code requirements.
M.Testing and maintenance of all facility equipment, including but not limited to, communication systems, alarm systems, fire control equipment, spill control equipment and decontamination equipment shall be conducted at least on an annual basis to ensure its proper operation at the time of an emergency.
N.Personnel working in all areas of the facility where used oil is being poured, mixed, spread or otherwise handled shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice communication with another employee. In the event that only one employee is working during a particular shift, the employee shall have immediate access to an alarm or emergency communication device that is capable of summoning emergency responders and any other appropriate authority required to respond to an incident at the facility.
O.The owner or operator of a used oil processing/re-refining facility shall provide no less than three (3) feet of aisle space within all storage areas at the facility to allow for the unobstructed movement of emergency response and fire department personnel and equipment.
P.The owner or operator of a used oil processing/re-refining facility shall make the following arrangements with local and State authorities as appropriate for the amount and type of used oil being managed on-site:
1.Arrangements to familiarize the police, fire departments and emergency response teams with the layout of the facility, properties of used oil handled at the facility and associated hazards, places were used oil is processed or stored and evacuation routes to be used by facility personnel.
2.Where more than one fire or police department or other related authority might respond, a designation of a primary emergency authority should be made and an agreement reached with said authorities to provide support to the primary emergency authority.
3.Agreements with State Emergency Responders, emergency response contractors and any other appropriate emergency equipment suppliers.
4.Arrangements with local hospitals to familiarize them with the properties of the used oil managed on-site and types of injuries or illnesses that could result from fires, explosions, or releases at the facility.
5.If state or local officials decline to acknowledge or make such arrangements the used oil processor/re-refiner shall document the refusal in its operating record.
Q.Contingency Plan: Owners and operators of used oil processing/re-refining facilities shall comply with the following requirements:
1.Each owner or operator shall prepare and maintain a contingency plan for the facility that is designed to minimize hazards to human health and the environment from fires, explosions or any unplanned or sudden releases of used oil to air, soil or surface water. The provisions of this plan shall be carried out immediately in the event of a spill, release or fire.
2.The contingency plan shall describe the actions facility personnel will undertake to comply with this rule in response to a fire, explosion, spill or release of used oil at the facility and include the following:
a.In the event that the facility has an existing Spill Prevention Control and Countermeasures Plan or hazardous waste contingency plan, the existing plan shall be amended to include the used oil management requirements of this rule;
b.The plan shall describe the arrangements made with local and state authorities in accordance with § 1.16.8(P) of this Part;
c.The plan shall list names, addresses and phone numbers (office and home) of all persons qualified to act as an emergency coordinator for the facility, the list shall identify a primary emergency coordinator and this list shall be kept current. Where more than one person is listed, those other than the primary emergency coordinator shall be listed in the order they will assume this role as alternates;
d.The plan shall list all emergency equipment located at the facility including, but not limited to, fire control equipment/systems, spill control equipment, communication/alarm systems and decontamination equipment. The list shall be kept current and the plan shall include a sketch depicting the location and type of equipment;
e.The plan shall include an evacuation plan for facility personnel and shall include a sketch of all evacuation routes and alternate evacuation routes located at the facility. The plan shall also describe the signal to be used to alert facility personnel to evacuate the facility.
3.The owner or operator of the facility shall maintain on-site a copy of the contingency plan and all revisions to the plan and shall submit copies of the current plan to local fire and police departments, hospitals and State and local emergency response teams.
4.The contingency plan shall be periodically reviewed and amended as necessary to reflect the current facility conditions (e.g., facility layout or equipment) including personnel changes, changes to the list of emergency coordinators and when affected by changes to the rules or when the plan fails in an emergency.
5.During all operating hours and non-operating hours there shall be one employee on-site, or on call, that is a designated emergency response coordinator. This emergency response coordinator shall be thoroughly familiar with the facility’s contingency plan, all operations conducted at the facility, the location and characteristics of all used oil handled at the facility, the location of the required facility records and the facility layout. In addition, the coordinator shall have the authority to commit the resources necessary to carry out the contingency plan in the event of an emergency.
6.Whenever there is an imminent or actual emergency situation, the emergency coordinator present on-site shall immediately:
a.Activate the internal facility alarms or communication systems to alert the facility’s personnel;
b.Notify appropriate State or local agencies with designated response roles;
c.Identify the character, exact source, amount and aerial extent of the release materials;
d.Assess the hazards to human health and the environment that may result from any release, fire or explosion. This assessment shall include the immediate and potential effects of the incident to impact humans and the local environment and the potential for additional incidents like explosions;
e.Notify the Department Emergency Response Program and the National Response Center (using the 24-hour toll free number 800424-8802) and report his/her findings. This report shall include:
(1)Name and telephone number of the reporter;
(2)Name and address of the facility;
(3)Time and type of the incident;
(4)Name and quantity of the materials involved;
(5)Extent of the injuries resulting, if any; and
(6)The possible hazards to human health and the environment.
f.During the emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions and releases do not occur, reoccur or spread to other used oil or hazardous waste stored at the facility. These measures shall include, where applicable, stopping processes and operation, containing and collecting released materials and moving or isolating containers.
g.In the event that facility operations shall be shut down due to a fire, explosion or release the emergency response coordinator shall monitor the equipment for a build-up of pressure, leaks, gas generation, or related failure where appropriate.
h.Immediately after the incident the emergency response coordinator shall provide for clean-up and recycling or disposal of all used oil, waste or any other contaminated materials generated during the incident and clean up. The coordinator shall ensure that all affected areas of the facility have been adequately cleaned and all used oil and waste removed before allowing facility personnel back into the affected areas, and that any emergency equipment used during the incident is cleaned and fit for intended use prior to resuming operations.
i.The facility owner or operator shall notify the Director and any other appropriate State and local authority that all of the conditions in § 1.16.8(Q)(6)(h) of this Part above have been satisfied prior to resuming operations in the affected area.
j.The owner or operator shall note in the operating record the time, date and details of the incident that required the implementation of the facility’s contingency plan. Within 15 days of the incident he/she shall submit a written report of the incident to the Director that includes the following:
(1)Name, address and telephone number of the owner or operator;
(2)Name, address and telephone number of the facility;
(3)Date, time and type of incident that occurred;
(4)Names and quantities of the materials involved;
(5)The extent of any injuries;
(6)Assessment of actual or potential hazards to human health or the environment resulting; and
(7)Estimated quantity and disposition of the materials involved.
R.Used Oil Analysis: Prior to processing or otherwise managing used oil at a used oil processing/re-refining facility, the owner or operator shall determine the total halogen content of the used oil by having the used oil tested by an analytical laboratory or by applying product knowledge of the halogen content of the materials used and the process that generated the used oil. In the event that the used oil has a total halogen content greater than or equal to 1,000 ppm, the used oil will be presumed to have been mixed with a hazardous waste. The owner or operator of the facility may rebut this presumption in accordance with the procedures contained in § 1.16.1(A)(2) of this Part. The owner or operator of a processing/re-refining facility shall maintain records of all analytical testing or determinations made based on product knowledge for a period of at least three (3) years.
S.Used Oil Analysis Plan: Owners or operators of used oil processing/rerefining facilities shall develop and follow a written set of analytical procedures to ensure compliance with § 1.16.8(R) of this Part. The owner operator shall keep the analysis plan current, maintain it at the facility and the plan shall include the following:
1.A statement indicating whether the determination of total halogen content of the used oil will be made based on knowledge of halogen content or sample analyses.
2.If the owner or operator uses sample analyses for the determination of total halogen content, the plan shall indicate the following:
a.The analytical method used will be EPA Method D808-95 or an equivalent method approved by the EPA and contained in EPA Publication SW-846, as incorporated by reference in 40 C.F.R. § 260.11 of this Part;
b.The sampling method used to obtain the representative sample, acceptable sampling methods include those listed in 40 C.F.R. Part 261 Appendix I or an equivalent method approved by the Director;
c.The frequency of the sampling to be performed and an indication as to whether the analysis will be performed on-site or off-site.
3.If the owner or operator determines the total halogen content of the used oil based only on knowledge of the halogen content, the plan shall indicate the type and source of the information used in making this determination.
4.If the total halogen content is determined to be greater than 1,000 ppm, the plan shall indicate the analytical test methods or information used to rebut the presumption of mixing hazardous waste and used oil.
5.If specification used oil is received for burning on-site, the plan shall describe the analytical and sampling methods used to determine that the used oil meets the criteria established in § 1.16.3 of this Part and include the information regarding the total halogen content required in §§ 1.16.8(S)(1) through (3) of this Part. The plan shall also indicate whether sampling and analysis will occur before or after processing/re-refining.
T.Management of Used Oil: Used oil processor/re-refiners as defined in § 1.5 of this Part that store used oil on-site shall comply with the applicable sections of the Rules and Regulations for Underground Storage Facilities Used For Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter), the Oil Pollution Control Regulations (Subchapter 25 Part 2 of this Chapter) and the following requirements:
1.Storage Units: Owners or operators of used oil processing/re-refining facilities may not store used oil in units other than tanks and containers as defined in § 1.5 of this Part.
2.Condition of Storage Units: Containers and aboveground storage tanks used to store used oil at processing/re-refining facilities shall be:
a.In good condition and free of severe rusting, corrosion or structural defects. In the event that a container deteriorates and begins to leak the generator shall transfer the used oil to a container that is in good condition;
b.Liquid tight with no visible leaks;
c.Kept closed except when adding or removing used oil.
3.Secondary Containment for Containers and Above Ground Tanks (ASTs): Containers and aboveground tanks used to store used oil shall be equipped with a secondary containment feature that at a minimum has the following:
a.A floor or bottom that is impervious to used oil covering the entire area; and
b.Dikes, berms or retaining walls capable of containing a spill or release of used oil; and
c.A capacity equivalent to 100% of the volume of used oil stored in the containers at the facility; and
d.The entire system shall be impervious to used oil to prevent a release; or
e.An equivalent containment system that is approved by the Director.
4.Exterior Storage: Used oil processor/re-refiners that store used oil in containers and/or aboveground tanks outdoors shall either construct the storage area with a means to prevent the accumulation of stormwater in the secondary containment device; or obtain a Stormwater Permit from the Department’s Office of Water Resources prior to the construction of the storage area.
5.Labeling: Containers and aboveground storage tanks used to store or process used oil at used oil processing/re-refining facilities shall be clearly and permanently marked with the words “Used Oil”. Fill pipes for underground storage tanks used to store used oil at used oil processing/re-refining facilities shall be clearly marked with the words “Used Oil”. Markings for USTs shall comply with the requirements of the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter ).
6.Response to releases: Upon detection of a release of used oil, the owner or operator of a used oil processing/re-refining facility shall perform the following:
a.Take immediate steps to stop the release;
b.Contains all of the released used oil;
c.Clean up and properly manage the used oil and any other materials that were contaminated with used oil;
d.Repair or replace any leaking or damaged used oil storage units prior to returning them to service; and
e.Immediately notify the Department’s Emergency Response Program (at 222-1360 or after hours at 222-3070), the local authorities and if required by 49 C.F.R. § 171.15 notify the National Response Center (800-424-8802).
f.Comply with the requirements of the Oil Pollution Control Regulations, Rules (Subchapter 25 Part 2 of this Chapter) and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter ) and all other applicable Federal, State and Municipal Rules and Regulations relating to the release and handling of spilled or released used oil.
U.Closure and Post Closure: The owner or operator shall close the facility in accordance with the closure plan approved by the Director, in compliance with all of the requirements of the Approval Letter issued by the Department and in a manner equivalent to that required by 40 C.F.R. Part 264 Subpart G.
V.Financial Requirements: The owner or operator shall meet the financial requirements contained in 40 C.F.R. Part 264 Subpart H as well as the requirements set forth in § 1.9 of this Part. Owner or operators choosing the trust fund option described in 40 C.F.R. § 264.143(a) shall, for new facilities deposit the full amount of the closure cost estimate when the trust fund is established.
W.Tracking:
1.Used oil processors/re-refiners shall keep a record of each used oil shipment accepted for processing/re-refining that shall include the following:
a.The name, address and EPA Identification Number of the used oil transporter who delivered the used oil to the used oil processor/rerefiner;
b.The name, address and EPA Identification Number (if applicable) of the used oil generator or processor/re-refiner from whom the used oil was sent for processing or re-refining;
c.The quantity of used oil accepted;
d.The date of acceptance;
e.The name and signature of an agent of the processor/re-refiner who received the used oil.
2.Deliveries: Used oil processors/re-refiners shall keep a record of each shipment of used oil that is shipped off-site to another used oil processor/re-refiner, used oil burning facility that shall include:
a.The name, address and EPA Identification Number of the used oil transporter who delivers the used oil to the used oil processor/rerefiner, or used oil burning facility;
b.The EPA Identification number, name and address of the receiving used oil processor/re-refiner, used oil burning facility;
c.The quantity of used oil delivered;
d.The date the shipment was transported off-site;
e.The name and signature of an agent of the receiving facility or used oil transporter.
3.The used oil processor/re-refiner shall retain for a period of at least three years all records generated by the acceptance and delivery of used oil to and from its facility.
X.Operating Record and Reporting:
1.The owner or operator shall keep a written record at the facility that contains the following information as it becomes available and maintained until the closure of the facility:
a.Records and results of used oil analyses performed as described in §§ 1.16.8(R) and (S) of this Part; and
b.Summary reports and details of all incidents that require implementations of the facility’s contingency plan.
2.A used oil processor/re-refiner shall report to the Department on a biennial basis (by March 1 of each even numbered year), the following information regarding the previous year’s used oil activities:
a.The EPA Identification Number, name and address of the used oil processor/re-refiner;
b.The calendar year covered by the report; and
c.The quantities of used oil accepted for processing/re-refining and the manner in which the used oil is processed/re-refined, including the specific process employed.
Y.Off-site shipment: Used oil processors/re-refiners who initiate shipments of used oil off-site shall ship the used oil using a Rhode Island permitted used oil transporter who has an EPA Identification Number.
Z.Management of Residues: Used oil processors/re-refiners who generate residues from the storage, processing or re-refining of used oil shall manage the residues in compliance with § 1.16.1(A)(6) of this Part.
1.16.9Used Oil Marketer Standards:
A.Applicability: The requirements of this rule apply to any person that meets the definition of a used oil marketer contained in § 1.5 of this Part.
B.This Part does not apply to the following persons:
1.Used oil generators or used oil transporters who direct shipments of used oil to used oil processors/re-refiners that burn used oil incidentally as part of the processing of the used oil.
2.Persons who direct shipments of used oil to used oil burners that are not the first person to claim the used oil meets the requirements of Table 3 in § 1.16.3 of this Part.
C.Specification Used Oil: Prior to initiating a shipment of used oil from a used oil generator to a used oil burner the used oil marketer shall comply with the following:
1.Prior to shipping the used oil marketer has the used oil analyzed by a laboratory, or obtains certified copies of analytical test results conducted by a laboratory from the generator or transporter, to verify that the used oil meets the definition of specification used oil. Used oil marketers may use process and product knowledge to verify that used oil meets the requirements of specification used oil if such knowledge is documented by the used oil generator or used oil transporter.
2.The used oil marketer shall maintain all records of analytical testing or documentation of knowledge of the used oil from the date the shipment occurs for a period of at least three years and shall provide such records to the Department upon request.
D.Any person subject to the requirements of this Part shall also comply with the applicable Parts listed below depending on their activities:
1.§ 1.16.3 of this Part, if their activity involves the burning of used oil;
2.§ 1.16.4 of this Part; if their activity involves the generation of used oil;
3.§ 1.16.5 of this Part; if their activity involves the aggregation of used oil;
4.§ 1.16.6 of this Part; if their activity involves the collection of used oil;
5.§ 1.16.7 of this Part; if their activity involves the transportation of used oil;
6.§ 1.16.8 of this Part; if their activity involves the processing or re/refining of used oil, or involves the aggregation of or collection of used oil beyond what is allowed under §§ 1.16.5 and 1.16.6 of this Part.
E.Tracking:
1.Used oil marketers shall keep a record of each used oil shipment received for transport for a period of at least three years that shall include the following:
a.The name and address of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;
b.The EPA Identification Number (if applicable) of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;
c.The quantity of used oil accepted;
d.The date of acceptance; and
e.The name and signature of an agent of the used oil generator, used oil transporter or used oil processor/re-refiner that provided the used oil for transport.
2.Deliveries: Used oil marketers shall keep a record of each shipment of used oil that is delivered to another used oil transporter, processor/rerefiner, or used oil burner that shall include:
a.The name and address of the receiving facility or used oil transporter;
b.The EPA Identification number of the receiving facility or used oil transporter;
c.The quantity of used oil delivered;
d.The date of the delivery;
e.The name and signature, dated upon receipt of the used oil, of an agent of the receiving facility or used oil transporter.
F.Record Keeping: All records generated by the transportation of used oil shall be retained by the used oil marketer for a period of at least three years.
G.Notification: Used oil marketers shall obtain an EPA Identification Number as per § 1.7.4(A) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.17** Corrective Action {#sec-250-ricr-140-10-1-1.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.17}
1.17.1Applicability:
A.For a facility owner or operator seeking a new permit or a renewal permit (including a post closure permit) for the treatment, storage, or disposal of hazardous waste, the corrective action provisions of 40 C.F.R. § 264.101(a)-(c) are incorporated by reference. These provisions in 40 C.F.R. § 264.101 do not apply to a remediation waste management site unless it is part of a facility subject to a permit for treating, storing, or disposing of hazardous wastes that are not remediation wastes.
B.Additional requirements to address releases from certain types of solid waste management units, including regulated units (as defined in 40 C.F.R. § 264.90(a)(2)) and miscellaneous units, are provided in 40 C.F.R. § 264.90 through 100, that are incorporated by reference.
C.Pursuant to State law, The Department’s Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Subchapter 30 Part 1 of this Chapter) applies to remediation waste management sites, including, but not limited to, facilities and solid waste management units subject to the additional requirements of §§ 1.17.1(A) and (B) of this Part. The Department has the authority to require additional remediation measures on a case by case basis, when necessary to protect human health and the environment, in accordance with 40 C.F.R. § 270.32.
1.17.2Permitting Options:
A.A facility owner or operator that is required by the Department to obtain a permit to treat, store, or dispose of remediation waste that is hazardous shall comply with § 1.9 of this Part permitting requirements or shall seek a Remedial Action Plan permit (“RAP”). 40 C.F.R. Part 270 Subpart H is incorporated by reference except as follows:
1.In 270.80(a), replace “§§ 270.3 through 270.66” with “§ 1.9 of this Part”
2.In 270.85(a)(1), replace §§ 270.3 through 270.66” with “§ 1.9 of this Part”.
3.In 270.140 and 270.150, replace “issuing Regional Office” with “Department”.
4.In 270.155, replace the “EPA’s Environmental Appeals Board”, “the Environmental Appeals Board”, and “the Board” with “the Department’s Administrative Adjudication Division”.
5.In 270.155, add “(c) All appeals shall be in writing and shall be filed with the clerk of the Administrative Adjudication Division within thirty (30) calendar days of the Director’s decision to approve or deny the RAP. All appeals shall be heard before Division of Administrative Adjudication hearing officers.”
6.In 270.190, replace “EPA’s Environmental Appeals Board” and “the Environmental Appeals Board” with “the Department’s Administrative Adjudication Division”.
7.In 270.190 add “(c)(4) The letter from the appealing person shall be filed with the clerk of the Department’s Administrative Adjudication Division within thirty (30) calendar days of the Director’s issuance of the decision.”
8.Delete 270.215(c) and (d).
9.In 270.230(e), before the colon add “(provided the alternate locations are not at facilities subject to permits for treating, storing, or disposing of hazardous wastes that are not remediation wastes.)”
1.17.3Management of Remediation Waste:
A.The owner or operator of a remediation waste management site may seek to employ one or more of the following types of management units for increased flexibility in performing remediation:
1.Corrective Action Management Units (CAMUs) as defined in 40 C.F.R. § 270.2 for treatment, storage, and/or disposal of remediation waste;
2.Temporary Units (TUs) for treatment and/or storage of remediation waste under 40 C.F.R. § 264.553;
3.Staging Piles for storage of remediation waste.
B.These management units are defined in and subject to the provisions and conditions of 40 C.F.R. § 264.550 through 265.554, that are incorporated by reference.
C.The owner or operator of a remediation waste management site may choose to treat remediation waste and then dispose of it in a permitted hazardous waste landfill, provided the waste is at least treated and disposed of according to the provisions and conditions of 40 C.F.R. § 264.555, that is incorporated by reference.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
##### **250-RICR-140-10-1 § 1.18** Appeals and Penalties {#sec-250-ricr-140-10-1-1.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-10-1#1.18}
A.Enforcement Action Appeals: All requests for an adjudicatory hearing shall be in writing and shall be filed with the clerk of the Administrative Adjudication Division within twenty (20) days of receipt of the contested enforcement action.
B.Civil Penalties for Violations: Persons who shall violate the provisions of these Rules and Regulations shall be subject to the penalties as provided for by R.I. Gen. Laws § 23-19.1-17.
C.Criminal Penalties for Violations: Persons who shall violate the provisions of these Rules and Regulations shall be subject to the penalties as provided for by R.I. Gen. Laws § 23-19.1-18.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2018-04-26 to 04/22/2020*
- *Technical Revision — effective from 2016-10-20 to 04/26/2018*
- *Amendment — effective from 2016-10-20 to 10/20/2016*
- *Amendment — effective from 2014-02-10 to 10/20/2016*
- *Amendment — effective from 2010-06-07 to 02/10/2014*
- *Amendment — effective from 2007-03-04 to 06/07/2010*
- *Amendment — effective from 2005-09-14 to 03/04/2007*
- *Amendment — effective from 2003-01-01 to 09/14/2005*
- *Periodic Refile — effective from 2001-12-31 to 01/01/2003*
### **Subchapter 15** Medical Waste
#### **250-RICR-140-15-1** Medical Waste Regulations
##### **250-RICR-140-15-1 § 1.1** Authority {#sec-250-ricr-140-15-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.1}
These Regulations Governing the Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste in Rhode Island 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 23-19.12 in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, “Administrative Procedures Act.”
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.2** Purpose, Scope, and Applicability {#sec-250-ricr-140-15-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.2}
A.Purpose- These Rules and Regulations serve the following purposes:
1.To protect the public health and the environment from the effects of improper management of medical waste through the assurance of proper, adequate and sound management of regulated medical waste.
2.To establish comprehensive standards and procedures governing the generation, transportation, storage, treatment, destruction and disposal of regulated medical waste.
3.To establish a program for tracking medical waste shipments pursuant to R.I. Gen. Laws Chapter 23-19.12.
4.To establish a program for permitting, licensing, and/or registration of persons who generate, transport, store, treat, destroy, and/or dispose of regulated medical waste.
5.To establish a program for evaluating technologies for treating and/or destroying regulated medical waste.
B.Scope and Applicability:
1.These regulations shall apply to persons who generate, transport, store, treat, manage and/or dispose of regulated medical waste as defined in § 1.5 of this Part.
2.Generators, transporters, and owners or operators of intermediate handling facilities or destination facilities who transport, offer for transport, or otherwise manage regulated medical waste within Rhode Island shall comply with these regulations.
3.Regulated medical waste becomes subject to these regulations at the time and in the location that the material becomes waste and shall remain subject to these regulations until such time as the regulated medical waste has been both treated and destroyed.
4.These regulations shall supplement and not replace all other environmental statutes both State and Federal. In cases of regulation under more than one environmental statute the administrative authority shall determine the order and manner of compliance in the fashion that most fully effectuates the requirements and policies of the statutes involved.
5.In certain situations involving outbreaks, or suspected outbreaks, of certain highly communicable diseases (either human or animal) the Director, in consultation with the Rhode Island Department of Health as appropriate, may issue a written order requiring a different standard of treatment for regulated medical waste associated with the outbreak.
6.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.
C.Regulated Medical Waste: Means a special category of solid waste (including solid, semisolid, or liquid materials) that includes specific types of medical waste subject to the handling and tracking requirements of these regulations. A regulated medical waste is any waste, as defined in these regulations, generated in the diagnosis (including testing and laboratory analysis), treatment (e.g., provision of medical services), or immunization of human beings or animals, in research pertaining thereto, or in the preparation of human remains for burial or cremation, or in the production or testing of biologicals, or in the development of pharmaceuticals, that is listed in this Part but is not excluded or exempted in § 1.2(D) of this Part. Regulated medical waste shall also include certain waste, as listed in this section that is generated in any process where it is likely to have come in contact with human blood or body fluids. Regulated medical wastes mixed with non-hazardous solid wastes shall be considered regulated medical wastes. For the purposes of these regulations, the following categories of medical wastes are regulated medical waste:
1.Cultures and Stocks: Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.
2.Animal Pathological Waste: Contaminated animal carcasses, body parts, and bedding of animals that were known to have either:
a.Been exposed to infectious agents during research, including research in veterinary hospitals, production of biologicals, or testing of pharmaceuticals; or,
b.Been infected with highly communicable endemic diseases that are indicated in § 1.22 of this Part, Appendix II to require special handling of carcasses and other materials.
3.Human Pathological Wastes: Tissues, organs, and body parts of humans that are removed during surgery or autopsy, or other medical procedures (e.g., obstetrical procedures).
4.Human Blood, Body Fluids and Blood Products:
a.Liquid waste human bloods or body fluids;
b.Products of blood;
c.Items saturated and/or dripping with human blood or body fluids;
d.Items that were saturated and/or dripping with human blood or body fluids that are caked with dried human blood or body fluids; including, but not limited to, serum, plasma, and other blood components, and their containers (e.g., blood bags and blood vials) and body fluids as defined in these regulations; or,
e.Specimens of body fluids and their containers.
5.Sharps: Objects including, but not limited to, hypodermic needles, syringes with or without the attached needle, Pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, glass carpules, and glass culture dishes regardless of presence of infectious agents. Also included are other types of broken or unbroken glassware that have been used in animal or human patient care or treatment, such as used slides and cover slips. For the purpose of these regulations, disposable syringes and needles are considered regulated medical waste after one use. The following categories of wastes are considered sharps:
a.Medical and Veterinary Sharps: Sharps that have been used in animal or human patient care or treatment, including sharps generated from the preparation of human and animal remains for burial or cremation, or in medical, research, or industrial laboratories.
b.Unused Sharps: Unused, discarded hypodermic needles or other sharps as described above with the exception that if the unused sharp is in its original sealed packaging, it is not by definition Regulated Medical Waste.
c.Other Sharp Waste: This category of waste shall also include sharps used on human beings or animals for other than medical procedures, such as sharps used for cosmetic treatment, training purposes, circumcision or embalming procedures.
d.Body Art Waste: any waste produced in the course of injecting or physically altering a human being or animal including tattooing, ear piercing or any other process where a foreign object is used to cut or pierce the skin. Waste generated in this manner meeting the definition of sharps must be handled accordingly.
6.Isolation Wastes: Biological waste and discarded materials contaminated with blood, excretion, exudates, or secretions from isolated animals known to be infected with highly communicable diseases. A list of these diseases may be found in § 1.21 of this Part, Appendix I. The Director may update this list as new diseases are identified.
7.Spill/Cleanup Material: Any material collected during or resulting from the cleanup of a spill of regulated medical waste.
8.Mixtures and Waste in Medical Waste Containers: Any waste which is a mixture of regulated medical waste and some other type of waste that is neither radioactive nor a hazardous waste of a type other than regulated medical waste shall be considered a regulated medical waste. Also, any waste, when placed in a sharps container, bag with a biohazard symbol, or other container labeled and/or designed for the packaging of regulated medical waste, must be handled and treated as a regulated medical waste, even if the contents may not have previously met the definitions in this section. If the waste is a radioactive and/or a hazardous waste it must also be handled in accordance with Regulations appropriate for radioactive and/or hazardous wastes.
9.Crime Scene/Accident Cleanup Waste: Any waste generated by commercial entities hired to clean crime scenes or accidents that are saturated with human blood or are sharps or sharp objects contaminated with human blood.
D.Regulated Medical Waste - Exclusions and Exemptions: The following categories of medical waste are specifically excluded from the definition of regulated medical waste:
1.Hazardous Waste
Materials identified or listed under DEM Rules and Regulations for Hazardous Waste Management (Subchapter 10 Part 1 of this Chapter). Regulated medical waste that is mixed with hazardous waste shall be defined as hazardous waste and shall be regulated in accordance with DEM Rules and Regulations for Hazardous Waste Management (Subchapter 10 Part 1 of this Chapter).
2.Household Medical Waste
a.Medical waste generated by individuals on the premises of a single family home or single family dwelling unit or by members of households residing in single and multiple residences, hotels, and motels which serve as a residence for individuals, provided the dwelling is not serving as a commercial or professional office where individuals who are not members of the family residing at such dwelling are receiving medical care by a health care professional.
b.This exemption also includes the wastes generated by health care providers in private homes where they provide medical services to individuals residing in said homes; and,
c.Medical waste generated and disposed of with residential solid wastes from a single family residential premises or single family dwelling unit shall be exempt from these regulations except where such medical waste is generated from commercial or professional offices.
d.Household medical waste, once it is accepted at a collection center, shall become regulated medical waste, and the person responsible for the collection center shall be regulated as a generator in accordance with the requirements of these regulations. Similarly, household medical waste shall become regulated medical waste when accepted by a Health Care Professional.
3.Incinerator Ash and Treatment/Destruction Residue: Regulated medical waste that has been both treated and destroyed is no longer regulated medical waste; this includes ash from incineration of regulated medical waste provided the ash meets the definition for treated regulated medical waste and destroyed regulated medical waste, and residues from wastes that have been both treated and destroyed (e.g., waste that has been subjected to decontamination and grinding, or chemical disinfection followed by grinding, or steam sterilization followed by shredding). Notwithstanding this exemption, incinerator ash and treatment/destruction residue may be a hazardous waste and shall be handled in accordance with the provisions of § 1.2(D)(1) of this Part.
4.Human Remains: Human remains (e.g., corpses and anatomical parts) that are stored, transported, or otherwise managed for purposes of interment or cremation. However, regulated medical waste attached to, or within, a corpse is not exempt from these regulations and shall be removed and then managed as regulated medical waste according to these regulations.
5.Etiologic Agents: Etiologic agents that are being transported intrastate and/or interstate between facilities pursuant to regulations set by the U.S. Department of Transportation, the U.S. Department of Health and Human Services, and all other applicable shipping requirements.
6.Enforcement Samples: Enforcement samples, including samples of regulated medical waste obtained during enforcement procedures by authorized U.S. Environmental Protection Agency personnel and the State of Rhode Island.
7.Vaccination and Pharmaceutical Vials: Containers for commercially available vaccines or other pharmaceuticals that do not have an attached needle, and that have not contacted blood or body fluid.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.3** Enforcement and Inspections {#sec-250-ricr-140-15-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.3}
A.Failure to comply with any of the provisions of these regulations or of the terms and conditions of any permit, license or registration granted or order issued hereunder constitutes a violation of the Rhode Island Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste Act, R.I. Gen. Laws Chapter 23-19.12.
B.Upon a determination by the Director that a violation of R.I. Gen. Laws Chapter 23-19.12, or this Part, has occurred or is about to occur, the Director shall initiate one or more of the actions set forth in R.I. Gen. Laws § 42-17.1-2(21).
C.A violation of R.I. Gen. Laws Chapter 23-19.12 or this Part may give rise to civil or administrative penalties as set forth in R.I. Gen. Laws § 23-19.12-15.
D.Pursuant to R.I. Gen. Laws § 23-19.12-7, the Director is authorized to conduct such inspections of facilities, as he or she deems necessary or desirable, where regulated medical waste is generated, stored, treated, destroyed, transferred, or otherwise managed. The Director is also authorized to conduct inspections of any vehicles used to transport regulated medical waste and any records required pursuant to the authority granted under R.I. Gen. Laws Chapter 23-19.12. Inspections shall be conducted during the facility's normal business hours unless the Director determines that an immediate inspection is necessary.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.4** Effective Dates {#sec-250-ricr-140-15-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.4}
A.This Part (Medical Waste Regulations) shall be effective twenty (20) days after they are filed with the Secretary of State.
B.The length of time parties shall keep records required under this Part is automatically extended in the case where Rhode Island initiates an enforcement action, for which those records are relevant. For the purpose of these regulations, relevant records are those records, which reference or refer to the matter, which is the subject of the enforcement action. In such cases, the parties shall keep relevant records until the conclusion of the enforcement action.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.5** Definitions {#sec-250-ricr-140-15-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.5}
A.Wherever used in these regulations the following terms shall have the following meanings:
1."Biologicals" means preparations made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immunizing or treating humans or animals or in research pertaining thereto.
2."Blood products" means any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon, etc.
3."Body fluids" means liquid emanating or derived from humans and limited to blood; cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; dialysate and amniotic fluids; and semen and vaginal secretions but excluding feces, urine, nasal secretions, sputum, sweat, tears, vomitus, saliva, and breast milk, unless any such excluded substance contains visible blood or is isolation waste.
4."Building" means any structure used or intended for supporting or sheltering any use or occupancy subject to these regulations.
5."Central collection point" means a location where a generator consolidates regulated medical waste brought together from original generation points prior to its transport off-site to a transfer facility, an intermediate handler, or a destination facility. A storage facility shared by small quantity generators within a building is considered a central collection point.
6."Decontamination" means the process of substantially reducing or eliminating the presence of harmful substances, such as infectious agents, so as to substantially reduce the likelihood of disease transmission from those substances.
7."DEM" means the Rhode Island Department of Environmental Management.
8."Department" means the Rhode Island Department of Environmental Management.
9."Destination facility" means the disposal facility, the incineration facility, or any other type of facility that both treats and destroys regulated medical waste, to which a consignment of such is intended to be shipped. A destination facility is subject to the Rhode Island Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter) if the facility is located within the State of Rhode Island.
10."Destroyed regulated medical waste" means regulated medical waste that has been ruined, torn apart, or mutilated through processes such as thermal treatment, melting, shredding, grinding, tearing or breaking, so that it is no longer generally recognizable as medical waste. Encapsulation or compaction of regulated medical waste does not render such waste destroyed regulated medical waste. To be generally unrecognizable, all waste must be shredded such that the majority of waste is of a size of less than 1 inch and all sharps are ground to less than one half an inch.
11."Destruction facility" means a facility that destroys regulated medical waste by ruining or mutilating it, or tearing it apart and may include a transfer station, a solid waste management facility, or any other facility that destroys regulated medical waste. A destruction facility is subject to the Rhode Island Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter) if the facility is located within the State of Rhode Island.
12."Director" means the Director of the Rhode Island Department of Environmental Management or his or her designee. Said designee may be an employee of the Rhode Island Department of Environmental Management or from the Rhode Island Department of Health.
13."Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, abandoning, or placing of any regulated medical waste in, on, into, or onto any land, other surface, or building or vehicle, or trailer, or other containment structure, or into any water, watercourse, stormwater system or sewer system.
14."Domestic sewage" means any human excremental liquid or substance, any putrescible vegetable matter, garbage and filth, including, but not limited to, the discharge of toilets, laundry tubs, washing machines, sinks, and dishwashers, which is disposed of by means of a septic system or sanitary sewer.
15."Encapsulation" means the application of a substance that either creates a membrane over the surface and/or penetrates the material or binds its components together.
16."EPA" means the United States Environmental Protection Agency.
17."Facility" means all land and structures, other appurtenances, and improvements on the land, used for generating, handling, storing, treating, destroying, or disposing of regulated medical waste; provided that all land and structures are under the control of a single person or legal entity. A facility may consist of several generating, handling, storage, treatment, destruction, or disposal operation units.
18."FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act.
19."Generator" means any person whose act or process produces regulated medical waste as defined in these regulations, or whose act first causes a medical waste to become subject to regulation. In the case where more than one person (e.g., doctors with separate medical practices) is located in the same building, each individual business entity shall be considered a separate generator for purposes of these regulations.
20."Hazardous waste" means any waste meeting the definition of a hazardous waste under DEM’s Rules and Regulations for Hazardous Waste Management (Subchapter 10 Part 1 of this Chapter) that includes both those wastes defined under the Resource Conservation and Recovery Act as well as Rhode Island Wastes in DEM Rules and Regulations for Hazardous Waste Management (Subchapter 10 Part 1 of this Chapter).
21.“Health care professional” means any person required to be licensed by this state (or the state where he/she practices) to provide health care services, including, but not limited to, a physician, hospital, intermediate care facility or other health care facility, dentist, nurse, optometrist, emergency medical technician, podiatrist, physical therapist, psychiatric social worker, pharmacist, or psychologist, and any officer, employee or agent of that provider acting in the course and scope of his or her employment or agency related to or supportive of health services.
22."Incineration" means the treatment and destruction of regulated medical waste using controlled flame combustion in an arrangement of chambers and equipment designed for burning solid, semi-solid or gaseous combustible waste to a gas and residue.
23."Infectious agent" means any organism, such as a virus or a bacterium, that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.
24."Intermediate handler" means a facility that either treats regulated medical waste or destroys regulated medical waste but does not do both. The term, as used in these regulations, does not include transporters. An intermediate handler shall obtain a license for a Solid Waste Management Facility from DEM, Office of Land Revitalization and Sustainable Materials Management, as per the Rhode Island Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter).
25."Laboratory" means any research, analytical, or clinical facility that performs health care related analysis or service. This includes, but is not limited to, medical, pathological, pharmaceutical, and other research, commercial, or industrial laboratories.
26."Landfill" means a disposal facility or part of a facility where regulated medical waste is placed in or on the land and which is not a land treatment facility, a surface impoundment, or an injection well.
27."Medical waste tracking form" means the form used for identifying the quantity, composition, and the origin, routing, and destination of regulated medical waste during its transportation from the facility of generation to the point of transfer, disposal, treatment, destruction, or storage. Such a tracking form may mean a paper form or its digital counterpart that is functionally equivalent to the form. Digital formats must be approved by the Department in writing prior to use. A medical waste tracking form must include the following fields:
a.A unique Tracking Form Number, Generator's Name and Mailing Address, RI medical waste generator registration number, and telephone Number
b.Transporter's Name and Mailing Address, Telephone Number and RI Regulated Medical Waste Transporter Permit Number
c.Destination Facility Name and Address, telephone Number, State Permit or ID Number
d.Waste Description, Total Number Containers, Total Quantity and unit of measure
e.Special Handling Instructions and Additional Information
f.Generator's Certification, transporter 1 Certification of Receipt, transporter 2 or Intermediate Handler Certification of Receipt, destination facility certification of receipt, New Tracking Form Number and destination facility (if applicable), and discrepancy item
28."Off-site" means a facility or area for the storage, treatment, and/or disposal of regulated medical waste which is not on the generator's site (i.e., "on-site") or a facility or area which receives regulated medical waste for storage or treatment which has not been generated "on-site" at that facility.
29."On-site" means land area and appurtenances thereon and thereto used for the collection, storage, processing, treatment, and/or disposal of regulated medical waste on the same or geographically contiguous property at which regulated medical waste is generated. Two or more pieces of property either owned or operated by a single person or legal entity are considered a single site.
30."Original generation point" means the location where regulated medical waste is generated. Waste may be taken from original generation points to a central collection point prior to off-site transport or on-site treatment.
31."Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, any interstate body, or any department, agency or instrumentality of the United States.
32."Private courier service" means an entity whose primary business is the interstate and/or intrastate transport of packages, parcels and similar items for commercial purposes, and which transports regulated medical waste as less than ten percent (10%) of their total activity in Rhode Island, both in terms of volume and revenue.
33."Regulated medical waste" means defined in § 1.2(C) of this Part.
34."Sanitary sewer" means the collection system which transports domestic sewage and waste waters to a municipal wastewater treatment facility. Said treatment facility shall include primary and secondary wastewater treatment.
35."Small quantity generator" means a generator of regulated medical waste who generates, transports, or offers for transport less than fifty (50) pounds of regulated medical waste in a calendar month.
36."Solid waste" means garbage, refuse, and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources but does not include solids or dissolved solids in domestic sewage sludge, nor does it include hazardous waste. For the purpose of these regulations, solid waste shall also include non-hazardous liquid, semi solid, and containerized gaseous waste.
37."Spill" means any planned or unplanned release, leaking, pumping, pouring, emitting, or depositing of regulated medical waste in violation of the requirements of these regulations.
38."Steam sterilization" means a treatment method for regulated medical waste utilizing saturated steam within a pressure vessel (known as steam sterilizer, autoclave, or retort) at time lengths and temperatures sufficient to kill infectious agents within the waste.
39."Storage" means the temporary holding of regulated medical wastes at a designated accumulation area before treatment, destruction, disposal, or transport to another location.
40."Tracking form" means Medical Waste Tracking Form
41."Transfer facility" means any transportation related facility including loading docks, parking areas, storage areas and other similar areas where shipments of regulated medical waste are held during the course of transportation. A transfer facility shall obtain a license for a Solid Waste Management Facility from DEM, Office of Land Revitalization and Sustainable Materials Management, as per the Rhode Island Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter).
42."Transportation" means the movement of regulated medical waste on a public way to any destination. However, movement on a public way entirely contiguous to the facility’s property shall not be considered transportation.
43."Transporter" means a person engaged in transportation of regulated medical waste.
44."Treated regulated medical waste" means regulated medical waste that has been treated to substantially reduce or eliminate its potential for causing disease, but which has not yet been destroyed.
45."Treatment" means when used in the context of regulated medical waste management means any method, technique, or process designed to:
a.Completely and reliably inactivate Geobacillus stearothermophilus spores or Bacillus atrophaeus spores at a 4 Log10 reduction or greater.
b.Technologies not based on thermal or chemical treatment must also demonstrate the ability to completely and reliably inactivate vegetative bacteria, fungi, viruses, parasites, and mycobacterium at a 6 Log10 reduction or greater.
46."Treatment facility" when used in the context of medical waste refers to any facility that accepts regulated medical waste and changes its biological character or composition so as to substantially reduce or eliminate its potential for causing disease, but does not destroy the medical waste. A treatment facility may include a transfer station, a solid waste management facility, or any other facility that treats regulated medical waste. A treatment facility is also subject to the Rhode Island Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter) if the facility is located within the State of Rhode Island.
47."Universal biohazard symbol" means the biohazard marking conforming to 29 C.F.R. § 1910.1030(g)(1)(i).
48."Untreated regulated medical waste” means regulated medical waste that has not been treated to substantially reduce or eliminate its potential for causing disease.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.6** Identification and Segregation of Regulated Medical Wastes {#sec-250-ricr-140-15-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.6}
A.Applicability
1.Generators shall comply with the requirements of this section from the time and location that an item becomes regulated medical waste.
2.Generators shall comply with § 1.8 of this Part for on-site storage.
3.Training/Notification Requirement: Generators shall notify in writing all employees involved with the identification and segregation of regulated medical wastes of the provisions in § 1.6 of this Part. This training/ notification shall be accomplished through the use of a medical waste procedure manual and/or through appropriate training materials.
B.Identification
1.A person who generates a medical waste within the State of Rhode Island shall determine if that waste is a regulated medical waste. Any wastes that contain regulated medical waste mixed with general solid waste shall be managed as regulated medical wastes.
2.Any regulated medical wastes which meet the definition of "hazardous waste", or which are mixed with hazardous wastes shall be managed as hazardous waste in accordance with the most current DEM Rules and Regulations for Hazardous Waste Management (Subchapter 10 Part 1 of this Title).
C.Segregation
Generators shall segregate regulated medical waste from the general waste stream to the maximum extent practicable to ensure the special handling and treatment required by these regulations. Separation from the general waste stream shall occur at the point at which the regulated medical waste is generated.
1.Generators shall segregate regulated medical wastes into the following groups:
a.Sharps and unused sharps, including sharps containing residual fluid;
b.Fluids in bulk quantities (quantities greater than twenty cubic centimeters (20 cm3));
c.Human Pathological wastes as defined in § 1.2(C) of this Part.
d.Other regulated medical wastes.
2.Regulated medical wastes shall be placed in suitable containers, according to the requirements of § 1.7 of this Part, at the source of origin (e.g., patient room, operating room, etc.).
3.If other solid waste is placed in the same container(s) as regulated medical waste, then the entire contents of the container(s) shall be managed as regulated medical waste and shall meet all the requirements of these regulations.
4.If a generator manages all solid waste as regulated medical waste, the identification and segregation requirements of § 1.6 of this Part need not be met. However, the entire solid waste stream of this generator shall then be managed as regulated medical waste and shall meet all remaining handling and management requirements of these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.7** Packaging and Containment of Regulated Medical Wastes {#sec-250-ricr-140-15-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.7}
A.General Packaging and Containment Requirements
Regulated medical waste shall be properly packaged to assure effective containment throughout the handling, storage, transport, and treatment process. In addition to the specific packaging and containment requirements for each category of regulated medical waste contained in §§ 1.7(B) and (C) of this Part, the following general requirements shall be met before transporting or offering for transport such waste off-site or within the generating facility:
1.Generators shall ensure that all regulated medical waste is placed in a container or containers that are:
a.Rigid;
b.Leak resistant;
c.Impervious to moisture;
d.Of a strength sufficient to prevent tearing or bursting under normal conditions of use and handling; and,
e.Sealed to prevent leakage during transport.
2.Materials for packaging shall be strong enough to remain intact during whatever type of handling, storage, and transport the container(s) may undergo.
3.Mechanical compaction of regulated medical waste shall not be conducted prior to treatment and/or disposal, unless the mechanical compaction and treatment are part of a single, self-contained process that does not place employees or the public at risk of exposure to untreated regulated medical waste.
4.Training/Notification Requirement: Generators shall notify in writing all employees involved with packaging and containment of regulated medical wastes of the provisions in § 1.7 of this Part. This training/ notification shall be accomplished through the use of a medical waste procedure manual and/or through appropriate training materials.
B.Packaging Requirements for Sharps
1.In addition to the general packaging and containment requirements for regulated medical wastes in § 1.7(A) of this Part, all sharps and unused sharps, including sharps with residual fluids, shall be packaged in containers that are puncture resistant. Any sharps placed into such a container shall not be manipulated inside the container and/or shall not be removed from said container under any circumstances. The sharps shall be placed directly into the container without recapping, clipping, bending, or breaking unless one of the following criteria are met:
a.The employer can demonstrate that the requirements of this section are not feasible for a specific medical procedure; or,
b.Such recapping or needle removal is accomplished through the use of a mechanical device or one-handed technique specifically approved in writing by the Director.
2.Sharps containers shall be assembled and utilized as intended by the manufacturer at all times while in use. Sharps containers with openings large enough to allow entry of any human hand shall also be subject to any additional physical and/or administrative controls necessary to prevent access by the public during normal conditions of use.
3.The container shall be sealable in a manner that prevents spillage of contents during transport. The container shall identify the contents as regulated medical waste by displaying the Universal Biohazard Symbol on the outside of the container.
C.Packaging Requirements for Fluids in Bulk Quantities
In addition to the general packaging and containment requirements for regulated medical wastes in § 1.7(A) of this Part, human blood and blood products and body fluids in quantities greater than twenty cubic centimeters (20 cm3) shall be packaged in containers that are break resistant and tightly lidded or stoppered. The container shall identify the contents as regulated medical waste by displaying the universal biohazard symbol on the outside of the container.
D.Packaging Requirements for Human Pathological Wastes
In addition to the general packaging and containment requirements for regulated medical wastes contained in § 1.7(A) of this Part, pathological wastes shall be placed in a container marked or labeled with the words “pathological waste”, “path waste”, “pathology waste” or “incinerate only” or other labels approved by the Department on the lid or on the sides. Any waste placed in a container so marked must be managed as pathological waste in accordance with the requirements of these regulations.
E.Packaging Requirements for Animal Pathological Waste
In addition to the general packaging and containment requirements for regulated medical wastes contained in § 1.7(A) of this Part, Carcasses of animals contaminated with highly communicable endemic animal diseases listed in § 1.22 of this Part, shall be handled in accordance with special handling instruction in § 1.22 of this Part.
F.Packaging and Containment Requirements for Other Regulated Medical Wastes
In addition to the general packaging and containment requirements for regulated medical wastes in § 1.7(A) of this Part, those regulated medical wastes which are not sharps or fluids in bulk quantities, (including, but not limited to, cultures and stocks, non-liquid pathological wastes, non-liquid animal wastes (where the waste presents a risk of zoonotic disease), non-liquid isolation wastes, materials saturated with blood) shall be packaged in either rigid containers that are designed to be tightly sealable or in plastic bags that meet the following requirements:
1.The plastic bags shall be impervious to moisture and be tear resistant;
2.The plastic bags shall be a distinctive red or orange color, or clear (i.e., without color). If a clear bag is used then the universal biohazard symbol shall be appropriately displayed on the bag;
3.In order to allow the use of "single plastic bags", the bags shall be constructed of material of sufficient single thickness strength to pass the 165 gram dropped dart impact resistance test as prescribed by the American Society for Testing and Materials (ASTM) Dart Test (ASTM Standard #D 1709 91) and certified by the manufacturer. Otherwise, "double bagging" (i.e., the use of two plastic bags, one inside the other) is required.
4.A container (e.g., a step can) used on-site to hold regulated medical waste shall have either a red or orange plastic bag plainly visible; or if a clear bag is used then the universal biohazard symbol shall be displayed on the container as well as on the bag.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.8** Storage of Regulated Medical Wastes {#sec-250-ricr-140-15-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.8}
A.Applicability
1.Any person who stores regulated medical waste prior to treatment or disposal on-site or transport off-site shall comply with the storage requirements of this section.
2.Training/Notification Requirement: Generators shall notify in writing all employees involved with the storage of regulated medical wastes of the provisions in § 1.8 of this Part. This training/notification shall be accomplished through the use of a medical waste procedure manual and/or through appropriate training materials.
B.Exemptions
Sharps containers, currently in use, are exempt from the generator storage requirements provided they meet all the requirements in §§ 1.7(A) and (B) of this Part.
C.General Storage Requirements
1.The regulated medical waste shall be stored in a manner and location which maintains the integrity of the packaging and provides protection from flooding and from adverse weather conditions such as rain, snow, ice, sleet, hail, and wind. All areas used for the storage of regulated medical waste shall be constructed of finished materials that are impermeable to moisture and capable of being easily maintained in a sanitary condition.
2.On-site storage areas shall be restricted to authorized personnel. Outdoor storage areas, such as dumpsters, sheds, tractor-trailers, or other storage areas, that contain regulated medical waste shall be securely locked in order to prevent unauthorized access.
3.The regulated medical waste shall be stored in a manner that prevents access by, and does not provide a breeding place or a food source for, insects, rodents, or other animals.
4.The storage area shall be clearly identified as containing regulated medical waste through the posting of universal biohazard signs or signs containing the following wording: "medical waste” or "regulated medical waste."
5.The regulated medical waste shall be maintained in a non-putrescent state. Total storage of regulated medical waste shall not exceed fifty (50) pounds or seven (7) calendar days, whichever condition shall allow storage for the longer period of time. The seven-day storage period shall not include legal holidays and begins on the date the container was filled or was no longer used for collection at the point of generation. Storage of regulated medical waste at a licensed treatment, storage and disposal facility shall be governed by the applicable requirements for those facilities in these regulations and/or the facility’s permit conditions.
6.Regulated medical waste shall not be compacted, undergo grinding, or be subject to violent mechanical stress on-site unless the regulated medical waste has been treated prior to compaction, grinding, or other mechanical stress; or, unless the compaction, grinding, or mechanical stress and the treatment are part of a single, self-contained process that does not place employees or the public at risk of exposure to untreated regulated medical waste.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.9** Decontamination Standards for Reusable Containers {#sec-250-ricr-140-15-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.9}
A.Applicability
1.Generators, transporters, intermediate handlers, and destination facility owners and operators shall comply with the requirements of this section with respect to reusing containers.
2.Training/Notification Requirement: Generators shall notify in writing all employees involved with the decontamination of reusable containers for regulated medical wastes of the provisions in § 1.9 of this Part. This training/notification shall be accomplished through the use of a medical waste procedure manual and/or through appropriate training materials.
B.Standards
1.All non-rigid packaging and inner liners used for the packaging of medical waste shall be managed as regulated medical waste and shall not be reused.
2.Any container used for the storage and/or transport of regulated medical waste and designated for reuse once emptied shall be decontaminated after each use. Decontamination can be accomplished by chemical disinfection, steam sterilization, thermal inactivation, or other suitable process that is appropriates both for the type of container to be decontaminated and for the type of contamination present. The facility or generator responsible for decontamination must submit sampling protocols and results to demonstrate the technology, as installed, is providing adequate decontamination.
3.If any container used for the storage and/or transport of regulated medical waste is for any reason not capable of being rendered free of contamination in accordance with the requirements of § 1.9(B)(2) of this Part, the container shall be managed (i.e., labeled and treated and/or disposed of) as regulated medical waste.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.10** On-Site Transport of Regulated Medical Wastes {#sec-250-ricr-140-15-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.10}
A.To ensure the safe transport of regulated medical wastes within the generating facility (on-site), generators shall comply with the following requirements:
1.The regulated medical waste shall be properly packaged to ensure containment of the waste as described in § 1.7 of this Part; all containers and packages containing regulated medical wastes shall be sealed to prevent leakage or spillage while in transport.
2.The handling, transfer, and loading of packages and containers of regulated medical wastes shall be performed in a manner that does not destroy the integrity of the packaging.
3.The regulated medical waste shall not be subjected to violent mechanical stress during on-site transport.
4.Wheeled carts shall be used for the transport of packages or containers of regulated medical wastes if these packages or containers will be moved more than a short distance or if these packages or containers cannot be easily handled by one person (due to weight, size, shape, bulkiness, etc.) regardless of the distance to be moved.
5.Any regulated medical waste that is contained in plastic bags shall not be moved or transported in mechanical devices, dumb waiters, or chutes, unless the chutes are designed to prevent accumulation of wastes in corners and edges and are lined with materials which can be easily cleaned (e.g., stainless steel).
6.Carts used for the transport of packages and containers of regulated medical wastes shall be sturdy and shall be constructed of finished materials that are impermeable to moisture and capable of being easily maintained in a sanitary condition. Carts shall be routinely cleaned and disinfected, and immediately cleaned and disinfected after use if the cart has been contaminated by medical waste.
7.Items other than regulated medical waste shall not be placed in the same cart with regulated medical waste at any point during on-site transportation.
8.The compaction of packages and containers of regulated medical wastes prior to or during on-site transport is prohibited.
9.Training/Notification Requirement: Generators shall notify in writing all employees involved with the on-site transport of regulated medical wastes of the provisions in § 1.10 of this Part. This training/notification shall be accomplished through the use of a medical waste procedure manual and/or through appropriate training materials.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.11** Labeling and Marking Regulated Medical Waste for Off-Site Transport {#sec-250-ricr-140-15-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.11}
A.Applicability
1.All containers used for the packaging and containment of regulated medical wastes shall be labeled with the universal biological hazard symbol or shall be clearly labeled as containing regulated medical waste. In addition, all packages or containers which will be transported or offered for transport off-site shall meet the labeling and marking requirements of § 1.11 of this Part.
2.Training/Notification Requirement: Generators shall notify in writing all employees involved with the labeling and marking of regulated medical waste for off-site transport of the provisions in § 1.11 of this Part. This training/notification shall be accomplished through the use of a medical waste procedure manual and/or through appropriate training materials.
B.Labeling Requirements
Generators shall label each package or container of regulated medical waste with a water-resistant label affixed to or printed on the outside of the container. The label shall include the words "medical waste," or display the universal biohazard symbol. Red plastic bags used, as inner packaging need not display a label.
C.Marking (Identification) Requirements
Generators and intermediate handlers shall mark each package or container of regulated medical waste according to the following marking requirements before the waste is transported or offered for transport off-site:
1.The outermost surface of each package or container prepared for shipment shall be marked or labeled with water-resistant paint/labels of sufficient dimension and contain the following information:
a.Generator's or intermediate handler's name;
b.Generator's or intermediate handler's address;
c.Transporter's name (if applicable);
d.Transporter's Rhode Island regulated medical waste transporter permit number (if applicable);
e.Date of shipment (date of off-site transport); and,
f.Identification of contents as medical waste.
2.When regulated medical waste is transported by more than one transporter, each transporter other than the transporter who accepted the waste from the generator shall affix a water-resistant identification tag on the outside of the secondary container. Such tag shall be at least three inches by five inches and shall be affixed in such manner as not to obscure previously affixed identification tags. Such tag shall indicate in indelible writing the name, address, business location, and Rhode Island regulated medical waste transporter permit number of the transporter affixing the tag and the date such transporter accepted the waste.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.12** On-Site Treatment and/or Destruction of Regulated Medical Waste {#sec-250-ricr-140-15-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.12}
A.Applicability
1.The regulations in this section apply to generators of regulated medical waste that conduct on-site treatment and/or destruction of regulated medical waste, and to generators that accept regulated medical waste for treatment and/or destruction.
2.Generators that accept regulated medical waste from other generators for treatment and/or destruction shall apply for a license, in accordance with the requirements contained in § 1.17 of this Part, from: Rhode Island Department of Environmental Management, Office of Land Revitalization and Sustainable Materials Management, 235 Promenade Street, Providence, RI 02908.
3.Generators are also subject to the requirements of all applicable State solid waste and air emission regulations.
4.Training/Notification Requirement: Generators shall notify in writing all employees involved with on-site treatment and/or destruction of regulated medical wastes of the provisions in § 1.12 of this Part. This training/notification shall be accomplished through the use of a medical waste procedure manual and/or through appropriate training materials.
B.Recordkeeping Requirements for On-Site Incineration
1.Generators shall keep an operating log at their incineration facility that includes the following information:
a.The date each incineration cycle began;
b.The length of the incineration cycle;
c.The total quantity of waste incinerated per incineration cycle;
d.An estimate of the quantity of regulated medical waste incinerated per incineration cycle;
e.Generators shall compile the operating log required by § 1.12(B)(1) of this Part from the effective date of these regulations;
f.Generators shall retain the operating log for at least three (3) years from the date of the last entry in the log.
2.Generators with on-site incinerators that accept regulated medical waste from generator(s) subject to § 1.13(B)(2) of this Part shall maintain the following information for each shipment of regulated medical waste accepted:
a.The date the waste was accepted;
b.The name and address of the generator who originated the shipment;
c.The total quantity and unit of measure of the regulated medical waste accepted from the originating generator;
d.The signature of the individual accepting the waste.
3.Generators with on-site incinerators that accept regulated medical waste from generators subject to the tracking form requirements shall keep copies of all tracking forms for a period of three (3) years from the date they accepted the waste.
C.Reporting Requirements for On-Site Incineration
1.General: The owner or operator of an on-site incinerator shall prepare and submit copies of the on-site incinerator report to: Rhode Island Department of Environmental Management, Office of Land Revitalization and Sustainable Materials Management, 235 Promenade Street, Providence, RI 02908. The reports shall summarize information collected in the operating log and shall contain the following information:
a.Facility name, mailing address, and location;
b.Facility type (e.g., hospital, laboratory);
c.Contact person;
d.Waste feed information;
e.The total number of incinerators at the facility that incinerate regulated medical waste and information concerning each incinerator.
2.Each report shall contain the following certification, signed by the facility owner or by owner's designee:
a."I certify that I have personally examined and am familiar with the information submitted in this and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete."
3.Generators shall retain a copy of the on-site incinerator report form required under § 1.12(C) of this Part for three (3) years from the date of submission. Reports shall cover the period of January 1 to June 30 of each year and from July 1 to December 31 of each year. These reports are due forty-five (45) days after the end of the reporting period.
D.On-Site Steam Sterilization Standards
A steam sterilizer used to convert untreated regulated medical waste into treated regulated medical waste shall be operated in accordance with the following requirements. In addition, operators of steam sterilizers shall be familiar with autoclaving techniques and hazards (i.e., burn protection and aerosol minimization).
1.The sterilizers shall be dedicated for waste only. The sterilizers shall be operated in accordance with the manufacturer's specifications for waste in regard to time, temperature, pressure, and capacity, provided that these specifications change the biological character or composition of the regulated medical waste so as to substantially reduce or eliminate its potential for causing disease.
2.If no manufacturer's specifications for waste exist, or if another combination of time, temperature, pressure and capacity is used, such combination shall be proven, on the basis of thorough tests, to render the regulated medical waste treated. These tests shall include a test to determine the capacity of this combination to completely and reliably inactivate Geobacillus stearothermophilus spores at a 4 Log10 reduction or greater. Testing must demonstrate that inactivation is uniform and within containers reasonably likely to be treated in the system.
3.Regulated medical waste shall be steam sterilized in its primary container. The primary container shall be placed in the sterilization chamber so that sufficient space is provided between the chamber walls and the container to allow the steam to surround the container. The primary container shall be sealed loosely enough to allow the steam to penetrate the contents of the container, unless a self-venting bag is used.
4.Unless a steam sterilizer is equipped to continuously monitor and record temperatures during the entire length of each sterilization cycle, the operator of such sterilizer shall affix to the primary container temperature sensitive tape, which will indicate when the desired temperature is reached.
a.Regulated medical waste shall not be considered treated regulated medical waste unless:
(1)The temperature sensitive tape indicates that a temperature of at least 250 degrees F (121 degrees C) was reached during the sterilization process; or,
(2)A temperature determined in accordance with § 1.12(D)(2) of this Part was reached during the sterilization process; or,
(3)A temperature recommended by the manufacturer of the sterilizer that is sufficient enough to render the infectious agents within the waste treated, was reached during the sterilization process; and,
(4)In addition to attaining the specific temperature determined in accordance with §§ 1.12(D)(4)(a)((1)), ((2)) and ((3)) of this Part, said temperature shall be maintained for a period of time sufficient to completely and reliably inactivate Geobacillus stearothermophilus spores at a 4 Log10 reduction or greater. Testing must demonstrate that inactivation is uniform and within containers reasonably likely to be treated in the system.
b.A record of this temperature shall be kept as explained in § 1.12(D)(7) of this Part.
c.A steam sterilizer purchased after the effective date of this section, and used for waste sterilization, shall automatically and continuously monitor and record temperatures throughout the entire length of each steam sterilization cycle. This record shall be kept for three (3) years from the date the waste was treated.
5.Spore tests shall be conducted, at a minimum either once every forty (40) hours of operation or weekly, whichever allows for a greater length of time between tests. These tests shall be conducted to evaluate the effectiveness of the sterilization process, including tests of the capacity of such process to completely and reliably inactivate Geobacillus stearothermophilus spores at a 4 Log10 reduction or greater. Each test shall include at least three (3) samples of test organisms placed in the medical waste load. One sample shall be placed approximately one-third of the way from the top of the load, one sample in the center of the load, and one sample approximately one-third of the way from the bottom of the load. A log shall be maintained recording the dates and results of such tests, and shall be kept for at least three (3) years from the date of the last entry in the log.
6.At least once during every forty (40) hours of operation, a sterilization unit shall be evaluated to determine whether it is operating properly with respect to temperature and pressure. A log shall be maintained recording the dates and results of such evaluations and the dates of calibration. The log shall be kept for at least three (3) years from the date of the last entry in the log.
7.For each sterilization unit, a log shall be maintained which contains, at a minimum, the following information for each use:
a.Date;
b.Time;
c.Operator;
d.Type and approximate amount of regulated medical waste treated;
e.Sterilization pressure reading;
f.Maximum temperature obtained during the sterilization process; and,
g.The length of time that the sterilization pressure and temperature determined in accordance with §§ 1.12(D)(1) through (2) of this Part were maintained.
8.The log required by § 1.12(D)(7) of this Part shall be kept at least three (3) years from the date the waste was treated.
E.Recordkeeping for Alternate On-Site Treatment and/or Destruction Methods
Any method or process other than incineration or steam sterilization used by a generator for treatment and/or destruction of regulated medical waste on-site shall be approved by the Director in accordance with § 1.15(G)(5) of this Part. Each generator shall maintain the following records:
1.The approximate quantity and unit of measure of regulated medical waste that is subject to the treatment and/or destruction process(es);
2.Approximate percent of total waste treated and/or destroyed that is regulated medical waste;
3.For regulated medical waste accepted from generators meeting the exemption conditions in §§ 1.13(B)(2) and 1.13(B)(4) of this Part, information identifying the generator, the date the waste was accepted, the quantity and unit of measure of waste accepted, and the date the waste was treated and/or destroyed;
4.Results of all required quality assurance monitoring/procedures conducted to demonstrate compliance with the conditions of the approval granted by the Director in accordance with §1.15(G)(5) of this Part; and,
5.Records shall be maintained by the generator for a period of at least three (3) years from the date the waste was treated and/or destroyed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.13** Generator Requirements for Off-Site Transportation of Regulated Medical Waste {#sec-250-ricr-140-15-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.13}
A.Applicability
1.A person who generates regulated medical waste and whose generating facility is located in Rhode Island shall determine if that waste is a regulated medical waste (as defined in §§ 1.2(C) and 1.5 of this Part).
2.Any generator that transports off-site or offers for transport off-site any regulated medical wastes shall comply with all requirements for such transport set forth in §§ 1.6 through 1.9, and 1.11 of this Part.
3.A generator of regulated medical wastes shall determine the quantity of regulated medical wastes generated in a calendar month, and the quantity transported or offered for transport off-site for treatment, destruction, or disposal.
4.Vessels at port in Rhode Island are subject to the requirements of this section for those regulated medical wastes that are transported ashore in Rhode Island. The owner or operator of the vessel and the person(s) removing or accepting waste from the vessel are considered co-generators of the waste.
5.A generator that treats and destroys or disposes of regulated medical waste on-site (e.g., incineration, burial or sewer disposal covered by § 307(b) through (d), of the Clean Water Act) is not subject to tracking requirements for that waste. However, generators of regulated medical waste with on-site incinerators are subject to DEM on-site incinerator requirements.
6.Generators of regulated medical waste with on-site treatment and/or destruction system(s) are subject to the requirements of § 1.12 of this Part. In addition, generators who treat and destroy regulated medical waste are subject to §§ 1.6 through 1.10 of this Part. Generators who treat or dispose of regulated medical waste on-site may also be subject to additional Federal, State, or local laws and regulations.
7.Training/Notification Requirement: Generators shall notify in writing all employees involved with the off-site transportation of regulated medical wastes of the provisions in § 1.13 of this Part. This training/notification shall be accomplished through the use of a medical waste procedure manual and/or through appropriate training materials.
B.General Requirements
Generator shall send regulated medical waste only to a permitted facility. Except as provided below, he/she shall not offer regulated medical waste to a medical waste transporter that does not have a medical waste transporter permit number and a valid RI medical waste transporter permit as indicated by an official sticker on each transportation unit. Generators shall use transporters who have been issued a Rhode Island regulated medical waste transporter permit number by the Rhode Island Department of Environmental Management,
1.Generators of fifty (50) pounds or more of regulated medical waste per calendar month: Generators who generate, transport, or offer for transport off-site fifty (50) pounds or more of regulated medical waste in a calendar month are subject to the requirements of §§ 1.6 through 1.11 of this Part and all requirements of this Section for each shipment of regulated medical waste.
2.Small Quantity Generator(s): Small quantity generators are subject to the requirements of §§ 1.6 through 1.11 of this Part and are exempt from:
a.The requirement to use a transporter who has been issued a Rhode Island regulated medical waste transporter permit; and,
b.The requirement to use a tracking form; and,
c.The requirements of § 1.13(C) of this Part;
d.The exemption(s) contained in §§ 1.13(B)(2)(a) through (c) of this Part shall only be applicable if the following conditions are met:
(1)The regulated medical waste is transported from the original generation point to a satellite facility or central collection point owned by the generator.
(2)From the time the waste is received at the central collection point, the generator must store and ship the waste in accordance with all other generator requirements of these regulations, including requirements to use a medical waste tracking form.
(3)Small quantity generators and crime scene cleanup contractors that transport regulated medical waste between satellite facilities or to a central collection point shall apply to the Department for a Letter of Authorization. This authorization shall last for a period of three (3) years, after which time the generator must reapply.
(4)Notwithstanding the requirements of § 1.13(B)(2)(d)((1)) of this Part, small quantity generators in the same building may share a common storage facility within the building (before the waste is transported off-site), without applying for a letter of authorization; provided that the appropriate logs are kept at both the original generation point and the central collection point, as described in § 1.13(E)(2) of this Part; and,
(5)Prior to utilization of a common storage facility pursuant to § 1.13(B) of this Part, all participating small quantity generators shall be signatories to a written agreement which describes, at a minimum, the person(s) responsible for preparing the medical waste tracking form, the person(s) responsible for arranging off-site transportation of regulated medical waste, and the person(s) assuming legal responsibility for any violation of these regulations. Notwithstanding the foregoing, any written agreement must be approved in advance by the Director if the average total regulated medical waste generated per month is in excess of two hundred (200) pounds; and,
(6)Other than small quantity generators may act as the manager/agent for agreements pursuant to §§ 1.13(B) through (C) of this Part provided that: they are located in the same building as the participants; all regulated medical waste received under the agreement is segregated from their own regulated waste; and all regulated medical waste received under the agreement is transported off-site under a separate medical waste tracking form; and,
(7)The regulated medical waste is transported by the generator, or an authorized employee, in a vehicle owned by the generator or authorized employee; and,
(8)The generator shall compile a shipment log and maintain records as required in § 1.13(E)(2) of this Part.
3.Shipments Between Generator's Facilities: Generators are exempt from the requirement to use transporters that have a Rhode Island regulated medical waste transporter permit number when transporting regulated medical waste from the original generation point to a central collection point, or between satellite facilities, provided they meet all of the following conditions:
a.The regulated medical waste is transported by the generator, or the generator's authorized employee, in a vehicle owned by the generator or the employee; and,
b.The regulated medical waste is brought to a central collection point or treatment facility owned or operated by the generator.
(1)Small quantity generators who transport regulated medical waste between satellite facilities shall apply for a letter of authorization from: Rhode Island Department of Environmental Management, Office of Land Revitalization and Sustainable Materials Management, 235 Promenade Street, Providence, RI 02908.
(2)Other generators (i.e., those who generate and transport or offer for transport more than fifty (50) pounds of regulated medical waste in a calendar month) with multiple locations shall apply for a transporter permit and letter of authorization as per § 1.14 of this Part from: Rhode Island Department of Environmental Management, Office of Land Revitalization and Sustainable Materials Management, 235 Promenade Street, Providence, RI 02908;
c.The original generation point and the central collection point or treatment facility are located in the State of Rhode Island; and,
d.The generator compiles and maintains a shipment log at each generation point and each central collection point as required by § 1.13(E) of this Part.
4.Shipments of Sharps and Unused Sharps through the U.S. Postal Service: small quantity generators who transport regulated medical waste (sharps and unused sharps) by the U.S. Postal Service are exempt from the requirement to use a transporter that has a Rhode Island regulated medical waste transporter permit number provided that the following conditions are met:
a.The package is sent by first class or priority mail in accordance with § 1.10(Q) of this Part (Infectious Substances) of the United States Postal Service Domestic Mail Manual.
b.The generator compiles a shipment log and maintains the original shipping papers as required by § 1.13(E) of this Part;
c.Reports shall be submitted to the Director for the periods of January 1 to June 30 and July 1 to December 31 of each year. These reports shall be received by the Director within forty-five (45) days of the end of each reporting period.
5.Transportation of sharps from residences by health care professionals: Health care professionals and veterinarians who generate medical waste that would otherwise be classified as household medical waste, may transport the waste back to their offices without a medical waste tracking form, provided the waste is properly packaged in accordance with § 1.7 of this Part and that the waste is properly handled as regulated medical waste upon arrival at the central collection point.
C.Use of the Tracking Form
1.Except as otherwise exempted in § 1.13(B) of this Part, a generator that transports or offers for transport regulated medical waste for off-site treatment or disposal shall prepare a tracking form according to this section.
2.Generators may obtain samples of the Rhode Island Medical Waste Tracking Form from: Rhode Island Department of Environmental Management, Office of Land Revitalization and Sustainable Materials Management, 235 Promenade Street, Providence, RI 02908.
3.The generator shall prepare the number of tracking form copies that will provide the generator, each transporter(s), and each intermediate handler with one copy, and the owner or operator of the destination facility with two copies.
4.The generator shall also:
a.Sign the certification statement on the tracking form by hand;
b.Obtain the signature of the initial transporter and include the date of acceptance on the tracking form; and,
c.Retain one copy, in accordance with § 1.13(E) of this Part.
5.For rail shipments of regulated medical waste within the United States that originate at the site of generation, the generator shall send at least three (3) copies of the tracking form dated and signed in accordance with § 1.13(C) of this Part to:
a.The next non-rail transporter, if any; or,
b.The intermediate handler or destination facility if transported solely by rail; or,
c.The last rail transporter to handle the waste in the United States if exported by rail.
D.Generators Exporting Regulated Medical Waste
Generators, including transporters and intermediate handlers that initiate tracking forms, which export regulated medical waste to a foreign country for treatment and destruction, or disposal, shall request the destination facility to provide written confirmation that the waste was received. If the generator does not receive written confirmation from the destination facility within forty-five (45) days from the date of acceptance of the waste by the first transporter, the generator shall submit an exception report as required under § 1.13(F) of this Part.
E.Recordkeeping
1.Except as provided in § 1.13(E)(2) of this Part, each generator shall:
a.Retain both the original generator receipt [yellow-copy, page 4] and the completed generator copy [white-copy, page 1] of each tracking form signed in accordance with § 1.13(C) of this Part, for at least three hundred and seventy-five (375) days from the date the waste was accepted by the initial transporter; and,
b.Retain for a period of three hundred and seventy-five (375) days a copy of all exception reports required to be submitted under § 1.13(F) of this Part.
2.Generators that are exempt from using the medical waste tracking form, as specified in § 1.13(B) of this Part, shall meet the following requirements:
a.A shipment log shall be maintained at the original generation point for a period of three hundred and seventy-five (375) days from the date the waste was shipped. The log shall contain the following information:
(1)Date of shipment;
(2)Quantity and unit of measure of regulated medical waste transported, by waste category (i.e., untreated and treated);
(3)Address or location of central collection point;
(4)Signature of generator's employee who is transporting the waste, to signify delivery has been completed.
b.A shipment log shall be maintained at each central collection point for a period of three hundred and seventy-five (375) days from the date that regulated medical waste was accepted from each original generation point and shall contain the following information:
(1)Date of receipt;
(2)Quantity (and unit of measure) of regulated medical waste accepted, by waste category (i.e., untreated and treated);
(3)Address or location of original generation point; and,
(4)Signature of generator or generator's representative who operates the central collection point, to signify acceptance of the waste.
3.Generators that meet the conditions of § 1.13(B)(2) of this Part and do not voluntarily comply with the use of the medical waste tracking form are subject to the following recordkeeping requirements:
a.Generators that use a transporter that holds a valid Rhode Island regulated medical waste transporter permit shall maintain a log for a period of three hundred and seventy-five (375) days from the date of shipment that contains the following information for each shipment or pickup:
(1)Transporter's name and address;
(2)Transporter's regulated medical waste transporter permit number;
(3)Quantity and unit of measure of regulated medical waste transported, by waste category (i.e., untreated and treated);
(4)Date of shipment; and,
(5)The signature of the transporter's representative accepting the regulated medical waste for transport.
b.Generators who transport their own regulated medical waste to a treatment, destruction, or disposal facility as specified in § 1.13(B)(2)(d) of this Part shall compile and maintain a log for a period of three hundred and seventy-five (375) days from the date of the last shipment entered into the log. The log shall contain the following information:
(1)Name and address of the intermediate handler, destination facility, or health care facility to which the generator has transported the shipment of regulated medical waste;
(2)Quantity and unit of measure of regulated medical waste transported, by waste category (i.e., untreated and treated);
(3)Date of shipment; and,
(4)Signature of the generator or his authorized representative who transported the waste.
c.Generators that transport regulated medical waste by the U.S. Postal Service § 1.13(B)(4) of this Part shall retain the original shipping papers and a shipment log for a period of three hundred and seventy-five (375) days from the date of shipment. The log shall contain the following information:
(1)Quantity and unit of measure of regulated medical waste transported, by waste category (i.e., untreated and treated);
(2)Date of shipment; and,
(3)Name and address of each intermediate handler or destination facility to which the generator has transported the regulated medical waste by the U.S. Postal Service.
F.Exception/Discrepancy Reporting
1.A generator that meets the conditions of § 1.13(B)(1) of this Part or initiates a tracking form voluntarily shall contact the owner or operator of the destination facility, transporter(s), and intermediate handler(s), as appropriate, to determine the status of any tracked waste if he does not receive a copy of the completed tracking form with the signature of the owner or operator of the destination facility within thirty-five (35) days of the date the waste was accepted by the initial transporter.
2.A generator shall submit an exception report, as described below, to the Director if he has not received a completed copy of the tracking form signed by the owner or operator of the destination facility within forty-five (45) days of the date the waste was accepted by the initial transporter. The exception report shall be postmarked on or before the forty-sixth (46th) day and shall include:
a.A legible copy of the original tracking form for which the generator does not have confirmation of delivery; and,
b.A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the regulated medical waste and the results of those efforts.
c.The generator shall keep a copy of the exception report for a period of at least three hundred and seventy-five (375) days from the due date of the report.
3.A generator shall also submit a discrepancy report, as described below, to the Director if there are any discrepancies between the information contained on the original generator receipt [yellow-copy, page 4] and the signed/completed generator copy [white-copy, page 1] that are not documented in block 23 of the medical waste tracking form. This discrepancy report shall be postmarked no later than five (5) working days from the date that the signed/completed generator copy [white-copy, page 1] is received from the owner or operator of the destination facility and shall include:
a.A legible copy of both the original generator receipt and the signed/ completed generator copy received from the owner or operator of the destination facility; and,
b.A cover letter signed by the generator or his authorized representative identifying the discrepancies that were not documented in block 23 of the medical waste tracking form;
c.The generator shall keep a copy of this discrepancy report for a period of at least three hundred and seventy-five (375) days from the date of the report.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.14** Transporter Requirements for Off-Site Transportation of Regulated Medical Waste {#sec-250-ricr-140-15-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.14}
A.Applicability
1.These requirements apply to persons who engage in transportation of regulated medical waste in Rhode Island. No person or other legal entity shall engage in the transportation of regulated medical waste on a public way in the State of Rhode Island unless such person or entity shall first have been issued a permit by the Director for this purpose.
2.Notwithstanding the requirements of § 1.14(B)(1) of this Part, the following are exempt from the requirements of this section:
a.Generators of regulated medical waste that transport regulated medical waste but are exempt under § 1.13(B) of this Part from the requirement for initiating a medical waste tracking form; and,
b.Persons transporting household medical waste; and,
c.On-site transportation of regulated medical waste; and,
d.Wildlife rehabilitators authorized by DEM/Division of Fish and Wildlife transporting regulated medical waste to a veterinarian that actively supervises their activities.
3.A transporter of regulated medical waste shall also comply with § 1.13 of this Part when the transporter consolidates two or more shipments of regulated medical waste onto a single tracking form.
4.Transporters shall also comply with §§ 1.6, 1.7, 1.8, 1.9 and 1.11 of this Part if the transporters:
a.Store regulated medical waste in the course of transport; or,
b.Remove regulated medical waste from a reusable container; or,
c.Modify packaging of regulated medical waste.
5.Transporters shall not accept regulated medical waste from a generator unless and until said generator has a valid regulated medical waste generator registration number issued pursuant to § 1.16 of this Part.
6.Training/Notification Requirement: Transporters and owners and operators of transfer facilities shall notify in writing all employees involved with off-site transportation of regulated medical waste of the provisions in this § 1.14 of this Part. Generators shall notify in writing all employees involved with the off-site transportation of regulated medical waste of the provisions of §§ 1.6, 1.7, 1.8, 1.9, 1.11 and 1.14 of this Part. This training/notification shall be accomplished through the use of a medical waste procedure manual and/or through appropriate training materials.
B.Regulated Medical Waste Transporter Permit Requirements
1.Exemption: The requirements of this Section shall not be applicable to use of vehicles to collect and transport regulated medical waste in emergency situations which present a threat to public health and safety. In the event of an emergency, the Director shall be immediately notified of each vehicle used for the cleanup and transportation of regulated medical waste. Notwithstanding this exemption, all collected regulated medical waste shall be managed in accordance with all applicable regulations at all times subsequent to this notification.
2.Contents of Application: A transporter shall submit an application for a regulated medical waste transporter permit on a form prescribed by the Director. Such application shall include, as a minimum, the following:
a.Name under which the application is being made;
b.Applicant's business location(s) and mailing address if different from business location(s);
c.Applicant's business phone number;
d.Name, address and phone number of the owner of the applicant company;
e.The name(s), address(es) and phone number(s) of the applicant's personnel who can be reached in case of an emergency;
f.The name(s) and signature(s) of all company personnel who are authorized to sign medical waste tracking forms;
g.A list of all employees authorized to transport or otherwise handle Regulated Medical Waste and a certification that these employees have been trained in the hazards of blood borne pathogens. This list must be amended when new individuals are hired.
h.The following information for each vehicle that may be used to transport regulated medical waste:
(1)The manufacturer;
(2)Model;
(3)Year of manufacture;
(4)Vehicle Identification Number (VIN);
(5)Cargo carrying capacity;
(6)Proof of ownership of each vehicle; and,
(7)Proof of current registration for each vehicle with the appropriate state motor vehicle agency;
i.The address of any transfer station(s) and/or vehicle parking area(s) used by the applicant for storing or parking vehicles identified in § 1.14(B)(2)(g) of this Part;
j.Location(s) to be used, pursuant to § 1.14(K) of this Part, for temporary storage of regulated medical waste in vehicles;
k.The specific location(s) and/or person(s) to which the transporter delivers or intends to deliver regulated medical waste, and a signed notarized statement from each person and/or location which certifies that said person/location is in compliance with all applicable licensing/permitting requirements for the jurisdiction(s) to which regulated medical waste will be transported;
l.A copy of the applicant's spill management plan prepared in accordance with the requirements of § 1.14(G) of this Part;
m.The permit application fee specified by § 1.14(B)(6)(a) of this Part;
n.The signature of the applicant or a person duly authorized to act on behalf of the applicant; and,
o.Any other information reasonably required by the Director to demonstrate that the applicant can safely transport regulated medical waste and comply with all applicable provisions of § 1.14 of this Part.
3.Notification of Changes: A transporter who has been issued a regulated medical waste transporter permit shall notify the Director, in writing, of any change(s) in the information required by the permit application. Such notification shall be provided in advance whenever possible. However, in no case shall the notification be postmarked later than five (5) business days after the effective date of the change(s). Notwithstanding the foregoing, the Director shall be notified, in writing, of the name(s) and signature(s) of additional company personnel authorized to sign medical waste tracking forms before the employee(s) may sign the tracking forms.
4.Vehicle Requirements
a.Vehicles used to transport regulated medical waste in Rhode Island shall, as a minimum, meet the following requirements:
(1)The vehicle shall have a fully enclosed, leak resistant cargo carrying body;
(2)The transporter shall maintain the cargo carrying body in good sanitary condition;
(3)The cargo carrying body shall be secured if left unattended; and,
(4)The regulated medical waste shall not be subject to mechanical stress or compaction during loading and unloading or during transit.
b.Vehicles used to transport regulated medical waste shall have the following identification in letters no less than three (3) inches in height on both sides and the back of the cargo carrying body:
(1)The name of the transporter;
(2)The transporter's regulated medical waste transporter permit number; and,
(3)A universal biohazard sign or the following words imprinted: "medical waste" or "regulated medical waste."
c.A transporter shall not transport regulated medical waste in the same container with other solid waste unless the transporter manages both as regulated medical waste in compliance with these regulations; and,
d.The transporter shall not use the cargo carrying compartment of the vehicle to co-mingle anything with regulated medical waste. Hazardous waste may be transported with regulated medical waste if the following criteria are met:
(1)The transporter vehicle is permitted to carry hazardous waste;
(2)The regulated medical waste and the hazardous waste are packaged separately;
(3)The hazardous waste is properly labeled, marked, packaged, and handled in accordance with all applicable laws and regulations; and,
(4)The transporter vehicle is identified, in accordance with all applicable regulations, as carrying both regulated medical waste and hazardous waste.
5.Vehicle Inspection Requirements: Each vehicle identified in § 1.14(B)(4) of this Part shall be inspected by the applicant prior to application for a medical waste transporter permit or application to add an additional vehicle to an existing permit. The applicant must complete the Department’s vehicle checklist certifying the vehicle meets the Department’s standards prior to the permitting of any vehicles. All equipment listed in the checklist shall be kept on the vehicle at all times.
6.Regulated Medical Waste Transporter Permit Fees: Pursuant to R.I. Gen. Laws § 23-19.12-9, the Director has established the following fee schedule for regulated medical waste transporter permits:
a.A permit application fee of one hundred twenty-five dollars ($125) per vehicle identified on the permit application;
b.An annual registration fee of one hundred twenty-five dollars ($125) per vehicle, or a monthly fee of twenty-five dollars ($25) per vehicle identified on the permit application or on subsequent amendments;
c.No permit fee adjustments shall be made for vehicles that are removed from the permit and not replaced.
d.In the case of a tractor/trailer combination, the power unit (tractor) is the vehicle that is required to have a permit. The non-powered unit (trailer) is not required to possess a permit.
7.Insurance: The holder of a regulated medical waste transporter permit shall maintain liability insurance sufficient to provide coverage of one million dollars ($1,000,000.00) per incident involving the transport of regulated medical waste.
8.Expiration of regulated medical waste transporter permits: Upon approval by the Director, a regulated medical waste company’s registration shall expire three (3) years from the date of issuance, unless sooner modified, suspended or revoked. However, the transporter permits shall expire annually and the transporter must pay the annual registration fee of $125 for each vehicle that carries waste.
9.Renewal of Regulated Medical Waste Transporter Permits
a.Requests for renewal of a regulated medical waste transporter permit shall contain all the information required by § 1.14(B) of this Part without reference to any previously submitted material.
b.In any case in which a holder of a regulated medical waste transporter permit has filed an application in proper form for renewal not less than thirty (30) days prior to expiration of his/her existing permit, the existing permit shall not expire until final action on the application has been taken by the Director.
C.Accepting Regulated Medical Waste for Transport
1.Transporters shall not accept for transport within Rhode Island any regulated medical waste unless the regulated medical waste is packaged in accordance with § 1.7 of this Part and labeled/marked in accordance with § 1.11 of this Part.
2.Transporters shall not accept regulated medical waste for transport within Rhode Island unless it is accompanied by a properly completed tracking form as required under § 1.13(C) of this Part unless the generator is exempt from the use of the tracking form under § 1.13(B) of this Part.
3.Notwithstanding § 1.14(C)(2) of this Part, a non-rail transporter may accept from a rail transporter regulated medical waste that is not accompanied by a tracking form, provided that such non-rail transporter:
a.Signs and dates all copies of the medical waste tracking form which has been forwarded by the generator or the first non-rail transporter to the accepting non-rail transporter, or, if the tracking form has not been received by the accepting non-rail transporter, on the shipping paper;
b.Leaves a copy of the signed and dated shipping paper with the rail transporter, if applicable; and,
c.Retains a copy of the signed and dated shipping paper or tracking form, as applicable.
4.Before accepting regulated medical waste that is accompanied by a tracking form, a transporter shall:
a.Verify that the tracking form accurately reflects the number of containers and quantity of all treated and untreated regulated medical waste accepted;
b.On all copies of the tracking form, sign and indicate the date the waste was accepted from the generator or prior transporter, as applicable; and,
c.If the transporter is the first transporter of the waste, return a copy of the signed and dated tracking form to the generator before accepting the waste, or if the transporter is a subsequent transporter of the waste, return a copy of the signed and dated tracking form to the prior transporter before accepting the waste; and,
d.Return a signed copy of the tracking form to the generator before leaving the generator's site.
e.Retain one copy of the signed and dated tracking form.
D.Use of the Medical Waste Tracking Form
1.A transporter, other than a rail transporter, shall ensure that the tracking form accompanies the regulated medical waste during transport.
2.When a transporter, other than a rail transporter, delivers regulated medical waste to another transporter or a destination facility, the delivering transporter shall:
a.On all copies of the tracking form, obtain the date of delivery and the signature of the accepting transporter or the operator of the destination facility;
b.Retain one copy of the signed and dated tracking form; and,
c.Give the remaining copies of the signed and dated tracking form to the accepting transporter or to an authorized facility representative.
3.When a transporter other than a rail transporter delivers regulated medical waste to a transporter outside Rhode Island or facility outside Rhode Island, the delivering transporter shall:
a.Verify that the waste has been delivered to the accepting transporter or operator of the facility;
b.On all copies of the tracking form, have the accepting transporter or facility operator write his signature and the date accepted;
c.Retain one copy of the signed and dated tracking form; and,
d.Give the remaining copies of the tracking form to the accepting transporter, intermediate handler, or destination facility.
4.Delivery of Regulated Medical Waste Outside the United States: Any transporter who transports regulated medical waste across an international border, or who delivers regulated medical waste to a transporter or treatment, destruction, or destination facility located in a foreign country shall:
a.Sign the tracking form and verify that the waste has been delivered to the next transporter, or treatment, destruction, or destination facility;
b.Retain one copy of the signed tracking form for his records; and
c.Return all remaining copies of the tracking form by mail to the generator.
5.Consolidating or Re-manifesting Waste to a New Tracking Form
a.A transporter may choose to consolidate or re-manifest to a single tracking form all shipments of regulated medical waste transported in a single vehicle.
b.When a transporter consolidates wastes on to a manifest, he/she shall:
(1)Indicate on the original tracking form that the waste was reconsolidated with the new tracking form number.
(2)Retain a copy of each tracking form in accordance with § 1.14(L) of this Part; and,
(3)Return a copy of each tracking form to the generator within thirty-five (35) days of the date that the generator offered the documented regulated medical waste for transport;
c.For each consolidated tracking form initiated, a transporter shall maintain a consolidation log indicating all shipments consolidated or re-manifested on that form. The log shall accompany the tracking form and include the following information:
(1)Name of each generator;
(2)The generator's address;
(3)Date the regulated medical waste was originally shipped by the generator;
(4)Quantity of regulated medical waste (i.e., number of containers and quantity and unit of measure) by waste category (i.e., "untreated" or "treated") shipped by each generator; and,
(5)The names, regulated medical transporter permit or identification numbers of all previous transporters or, if not applicable, the transporters' addresses.
6.When a transporter receives from a treatment, destruction or destination facility a copy of a tracking form which he initiated pursuant to § 1.14(D)(5) of this Part, and which the operator of such facility signed and dated in accordance with § 1.14(D)(3)(b) of this Part, such transporter shall:
a.Attach a copy of the tracking form received from the treatment, destruction, or destination facility to the copy of the tracking form originally prepared by the generator;
b.Retain a copy of the tracking form received from said facility; and,
c.Return a copy of the tracking form received from the facility, together with a copy of the tracking form originally prepared by the generator, to the generator so that the generator receives these tracking forms within thirty-five (35) days of the date that the generator offered the documented regulated medical waste for transport.
7.When a non-rail transporter accepts regulated medical waste from a rail transporter, such non-rail transporter shall:
a.Write his signature and the date he accepts the waste on all copies of the tracking form which was forwarded by the generator or first non-rail transporter to the accepting non-rail transporter, or, if the tracking form has not been received by the accepting non-rail transporter, on the shipping paper;
b.Leave a copy of the signed and dated shipping paper with the rail transporter, if applicable; and,
c.Retain a copy of the signed and dated shipping paper or tracking form, as applicable.
E.Marking (Identification)
When regulated medical waste is handled by more than one transporter, each subsequent transporter shall attach a water resistant identification tag below the generator's marking on the outer surface of the packaging, so that it does not obscure the generator's or previous transporter's markings. The transporter taking possession of the shipment shall ensure that the tag contains the following information:
1.Name of transporter taking possession (receiving) of the regulated medical waste;
2.Transporter regulated medical waste transporter permit number; and,
3.Date of receipt.
F.Delivery of Regulated Medical Waste
1.A transporter shall deliver the entire quantity of regulated medical waste that he accepts from a generator or prior transporter to:
a.The destination facility identified on the tracking form; or,
b.The next transporter, if any.
2.If regulated medical waste cannot be delivered in accordance with § 1.14(F)(1) of this Part, a medical waste transporter shall:
a.Contact the generator for further directions;
b.Revise the tracking form according to the generator's instructions; and,
c.Deliver the entire quantity of regulated medical waste according to the generator's instructions.
3.No transporter shall deliver regulated medical waste or cause regulated medical waste to be delivered to any treatment, destruction or destination facility, whether located inside or outside of Rhode Island, unless such treatment and/or destruction facility complies with all applicable law.
4.If any vehicle owned or operated by a medical waste transporter is involved in a spill of regulated medical waste or if the vehicle is involved in an accident which renders the vehicle in non-compliance with § 1.14 of this Part, such transporter shall immediately notify the Director of DEM.
G.Management of Spills
1.Spill Management Plan: All transporters, intermediate handlers, and destruction facilities shall adopt and adhere to a written procedure developed by the transporter and approved by the Department, to govern the management and decontamination of regulated medical waste spills.
2.Cleanup Equipment and Supplies: All transporters, intermediate handlers, and destruction facilities shall have at each site, including each vehicle used to transport regulated medical waste, appropriate equipment and supplies for cleaning up a spill of regulated medical waste. Equipment and supplies shall include, but are not limited to, the following:
a.Spill Containment and Cleanup Kit: A spill containment and cleanup kit shall be kept in each area utilized for the collection, transfer, storage, treatment, packaging or other such handling of regulated medical wastes. All vehicles operating under a Rhode Island regulated medical waste transporter permit shall carry a spill containment and cleanup kit in the vehicle whenever regulated medical waste is transported. Personnel shall be trained in the use of the kit and the kit shall contain at least the following items:
(1)Absorbent material for spilled liquids. The absorbent material shall have a rated capacity of one gallon of liquid for every cubic foot of regulated medical waste that is normally managed in that area for which the kit is provided or ten (10) gallons, whichever is less;
(2)One gallon of disinfectant in a sprayer capable of dispersing its charge in a mist and in a stream. The disinfectant shall be of hospital grade and of a formulation described in § 1.14(G)(3) of this Part and be effective against mycobacteria;
(3)Fifty (50) plastic infectious waste bags that meet the requirements of § 1.7(E) of this Part, accompanied by sealing tape (or devices for sealing), and appropriate labels as required by § 1.11 of this Part. These bags shall be large enough to overpack any box or other container normally used for regulated medical waste handling by the facility;
(4)Two (2) sets of overalls, gloves, boots, caps and protective eye covering, all of which shall be disposable and impermeable to liquids. Overalls, boots and caps shall be oversized or fitted to medical waste handlers and be made of a moisture resistant or moisture proof material. Gloves for handling regulated medical waste where sharps are not present shall be durable and moisture resistant or moisture proof. Gloves for handling sharps shall be puncture resistant or puncture proof in addition to liquid resistant. Boots shall be of durable moisture resistant or moisture proof material, which will not tear under the stress of walking. At a minimum, protective-breathing devices shall include surgical masks. The kit shall also contain tape for sealing wrists and ankles;
(5)Scoop shovels, push brooms, and buckets;
(6)A first aid kit, fire extinguisher, lights, and other appropriate safety equipment;
(7)A suitable means of communication for summoning aid in an emergency; and,
(8)An approved copy of the spill management plan as described in § 1.14(G) of this Part.
3.Disinfectants and Decontamination Procedures
a.Approved routine decontamination procedures for soiled surfaces include, but are not limited to:
(1)Exposure to hot water of at least 82C (180F) for a minimum fifteen (15) seconds; or,
(2)Rinsing with or immersion in a chemical disinfectant; or,
(3)Rinsing with or immersion in a one-to-ten (1:10) dilution of five percent (5%) sodium hypochlorite solution.
b.Any chemical disinfectant used for decontamination shall be registered with the U.S. EPA as hospital disinfectants that are tuberculocidal, fungicidal, virucidal and effective against HIV 1.
4.The transporter shall make provisions for prompt control of spills and other emergencies, as set forth in the spill management plan required by § 1.14(G)(1) of this Part.
5.Reporting of Medical Waste Spills
a.In the event of a spill of regulated medical waste by the transporter, the transporter shall notify the Department immediately of the spill. In all cases of spills, the transporter shall immediately take steps to contain and clean up the regulated medical waste.
b.In addition to the immediate notification requirement of § 1.14(G)(5)(a) of this Part, the transporter shall, within forty-eight (48) hours of a spill of regulated medical waste, submit an accident report to the Director. A copy of the report shall be kept on file for a minimum of three (3) years at the same location as the regulated medical waste transporter permit. The three (3) year period for retention shall start from the date of report. Record retention periods shall be extended during the course of any unresolved litigation, or when so requested by the Director or by EPA.
H.Other Inspections and Department Actions
Upon request of the Department, a medical waste transporter shall:
1.Permit the Department to inspect Tracking forms, shipment logs, reports, permits, licenses, billing records, or other documents related to the transportation or other handling of regulated medical waste.
2.Permit the Department to inspect any vehicle or related equipment or any vehicle parking area used by the transporter involved in the handling, transporting, storing or transferring regulated medical waste.
3.Decontaminate, utilizing procedures described in § 1.14(G) of this Part, or permit the Department to decontaminate at the owner's expense, any vehicle or section of a facility that has been in contact with regulated medical waste, or take or allow the Department to take any other measures necessary to make such vehicle or facility safe.
I.Personnel/Equipment
1.The transporter of regulated medical waste shall provide a sufficient number of personnel with the skills necessary to comply with all applicable laws and regulations.
2.All equipment shall be maintained in such a manner that it shall be fit for the purposes for which it was intended by the manufacturer.
J.Containerization of Regulated Medical Waste
The transporter of regulated medical waste shall not handle containerized regulated medical waste unless the containers are constructed and maintained in accordance with these regulations and the medical waste is properly segregated, packaged, labeled, and marked in accordance with §§ 1.6 and 1.7 of this Part.
K.Temporary Storage
A medical waste transporter may store regulated medical waste in the same vehicle used to pick up and transport such waste from a generator only if:
1.Such vehicle is parked at a location that:
a.Is under the direct control of the transporter; and,
b.Has been approved for such use by the Director in the transporter's regulated medical waste transporter permit;
2.The location where such vehicle is parked is secured to prevent access thereto by any person other than the transporter and the transporter's employees;
3.Regulated medical waste is stored in the vehicle for a period not to exceed one week, not including legal holidays;
4.The regulated medical waste is stored in accordance with the provisions of § 1.8 of this Part;
5.Such vehicle complies with the provisions of § 1.14(B)(5) of this Part;
6.No regulated medical waste is loaded on to or off of such vehicle during storage of regulated medical waste;
7.Temporary storage of regulated medical waste shall only be allowed in locations approved by the Director and included on the application for a regulated medical waste transporter permit;
8.Temporary storage in the transporting vehicle at the location of a breakdown of the vehicle shall only be allowed if the transporter notifies the Department of the location of the vehicle and the estimated time for repairs. During the period of the breakdown, the cargo body of the vehicle shall be locked and shall not be accessible to anyone except authorized personnel;
9.Temporary storage facilities shall keep an accurate log of all regulated medical waste shipped in and out of the facility; and,
10.Medical waste transfer stations shall be in accordance with R.I. Gen. Laws Chapter 23-19.12 and these regulations, and be licensed in accordance with all applicable Rules and Regulations.
L.Recordkeeping
1.A transporter of regulated medical waste shall keep a copy of the tracking form signed by the generator, the previous transporter (if applicable), and the next party, which may be one of the following: another transporter; or the owner or operator of an intermediate handling facility; or destination facility. The transporter shall retain a copy of this form for a period of three hundred and seventy-five (375) days from the date the waste was accepted by the next party.
2.For regulated medical waste that is not accompanied by a generator-initiated tracking form, the transporter shall retain a copy of all transporter-initiated tracking forms and consolidation logs for a period of three (3) years from the date the waste was accepted by the transporter.
3.For any regulated medical waste that was received by the transporter accompanied by a tracking form and consolidated or re-manifested by the transporter to another tracking form, the transporter shall:
a.Retain a copy of the generator-initiated tracking form signed by the transporter for a period of three hundred and seventy-five (375) days from the date the waste was accepted by the transporter; and,
b.Retain a copy of the transporter-initiated tracking form signed by the intermediate handler or destination facility for a period of three hundred and seventy-five (375) days from the date the waste was accepted by the intermediate handler or destination facility.
4.Retain a copy of each transporter report required by § 1.14(M) of this Part for a period of three (3) years from the date of submission.
M.Reporting
A transporter that accepts regulated medical waste generated in Rhode Island shall submit reports describing the source and disposition of the waste. In addition, transporters that accept regulated medical waste generated in another state shall submit reports describing the source and disposition of the waste if such waste is being transported to a destination facility, intermediate handler, or transfer facility located in Rhode Island. The reports shall be submitted in electronic format as described below.
1.One copy of the report described in § 1.14(M)(3) of this Part shall be submitted to: Rhode Island Department of Environmental Management, Office of Land Revitalization and Sustainable Materials Management, 235 Promenade Street, Providence, Rhode Island 02908.
2.Each report shall contain the following information:
a.The transporters name, address, and RI regulated medical waste transporter permit number;
b.The name and telephone number of a contact person;
c.Total number of generators from whom the transporter accepted regulated medical waste;
d.The name, addresses, and type of each generator from whom the transporter accepted regulated medical waste;
e.The amount, unit of measure and waste category (i.e., untreated or treated) of regulated medical waste accepted from each generator;
f.The total quantity and waste category, of regulated medical waste from all generators in Rhode Island that the transporter delivered to an intermediate handler or to a destination facility;
g.The total and waste category of regulated medical waste from all generators in Rhode Island that the transporter delivered to a second transporter or to a transfer facility; and,
h.The certification signed by the owner or operator, or his authorized representative.
4.Transporters that transport or deliver regulated medical waste to an intermediate handler or to a destination facility shall also provide the following information:
a.The name and address of each intermediate handler and destination facility to which waste from Rhode Island was delivered;
b.The amount, by waste category, that was delivered;
c.The total number of intermediate handlers and destination facilities to which waste was delivered.
5.The transporter shall submit reports for the periods of January 1 to June 30 and July 1 to December 31 of each year.
6.Transporters shall submit the reports required in § 1.14(M)(5) of this Part on or before the date forty-five (45) days after the end of the reporting period.
7.Each transporter that initiates a tracking form shall meet the requirements of § 1.13(F) of this Part (Exception Reporting), except that the thirty-five (35) and forty-five (45) day periods commence on the day the transporter accepted the waste from the generator.
N.Rail Shipments of Regulated Medical Waste
1.Applicability: These requirements apply to persons engaged in rail transportation of regulated medical waste generated in Rhode Island.
2.Rail transporters of regulated medical waste shall also comply with all other parts of § 1.14 of this Part, except as otherwise noted in these regulations.
3.General Requirements: The following requirements apply to all shipments of regulated medical waste involving rail transport:
a.When accepting regulated medical waste generated in Rhode Island from a non-rail transporter, the initial rail transporter shall:
(1)Sign and date the tracking form acknowledging acceptance of the regulated medical waste;
(2)Return a signed copy of the tracking form to the non-rail transporter;
(3)Forward at least three copies of the tracking form to: The next non-rail transporter, if any; the intermediate handler or destination facility, if the shipment is delivered to that facility by rail; or the last rail transporter designated to handle the waste in the United States; and,
(4)Retain one copy of the tracking form and rail shipping paper in accordance with § 1.14(D) of this Part.
b.A rail transporter shall ensure that a shipping paper accompanies each shipment of regulated medical waste during transport and contains all the information required on the tracking form, other than that required by boxes 7, 10, and 15. A rail transporter that accepts regulated medical waste from a prior rail transporter and delivers such waste to a subsequent rail transporter is not required to sign the shipping paper relating to such shipment of waste.
c.When a rail transporter delivers regulated medical waste to a treatment or destination facility in Rhode Island, such transporter shall:
(1)Have the operator of the destination facility who has accepted the regulated medical waste sign and date all copies of the tracking form which was forwarded by the generator or the first non-rail transporter to the destination facility, or, if the tracking form has not been received by the treatment or destination facility, on the shipping paper; and,
(2)Retain a copy of the signed and dated tracking form or shipping paper, as applicable.
d.When delivering regulated medical waste to a non-rail transporter, a rail transporter shall:
(1)Obtain the date of delivery and the signature of the next non-rail transporter on the tracking form; and,
(2)Retain a copy of the tracking form in accordance with § 1.14(L) of this Part.
e.Upon accepting regulated medical waste generated in Rhode Island from a rail transporter, a non-rail transporter shall sign and date the tracking form (or the shipping papers if the tracking form has not been received by the transporter) and provide a copy to the rail transporter.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.15** Treatment, Destruction and Destination Facilities {#sec-250-ricr-140-15-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.15}
A.Applicability
The provisions of this Section apply to owners and operators of facilities that treat, destroy, and/or dispose of regulated medical waste as follows:
1.Destination facilities;
2.Intermediate handlers;
3.Generators that receive regulated medical waste accompanied by a tracking form.
4.Persons that treat and/or destroy regulated medical waste that has been generated on-site, and do not treat and/or destroy regulated medical waste that has been generated off-site, shall only be exempt from the provisions of §§ 1.15(B)(1) and (2), 1.15(C), (D) and (F) of this Part.
B.Requirements for Treatment, Destruction, and Destination Facilities
1.A treatment, destruction, or destination facility shall not accept regulated medical waste which is not packaged, labeled, and marked in accordance with §§ 1.7 and 1.11 of this Part.
2.A treatment, destruction or destination facility shall not accept regulated medical waste that is not accompanied by a tracking form that complies with §§ 1.13 and 1.14 of this Part.
3.No person shall operate a treatment, destruction, or destination facility at which regulated medical waste is burned or otherwise treated and/or destroyed unless such treatment, destruction, or destination facility complies with all applicable laws and regulations.
4.All treatment, destruction, or destination facilities shall keep a spill containment and cleanup kit in or near any storage area, loading and unloading area, decontamination area, and treatment area where regulated medical waste is managed. The location of the kits shall provide for rapid and efficient cleanup of spills anywhere within these areas. The kit shall consist of at least the following items:
a.Absorbent material for spilled liquids. The absorbent material shall have a rated capacity of one gallon of liquid for every cubic foot of regulated medical waste that is normally managed in the area for which the kit is provided or ten (10) gallons, whichever is less.
b.One gallon of disinfectant in a sprayer capable of dispersing its charge in a mist and in a stream. The disinfectant shall be of hospital grade and of a formulation described in § 1.14(G)(3) of this Part and be effective against mycobacteria.
c.Fifty (50) red plastic infectious waste bags that meet the requirements of § 1.7(E)(3) of this Part, accompanied by sealing tape (or devices), and appropriate labels as required by § 1.11 of this Part. These bags shall be large enough to overpack any box or other container normally used for regulated medical waste handling by the facility.
d.Two (2) sets of overalls, gloves, boots, caps and protective eye covering, all of which shall be disposable and be impermeable to liquids. Overalls, boots and caps shall be oversized or fitted to medical wastes workers and be made of a moisture resistant or moisture proof material. Gloves for handling regulated medical waste where sharps are not present shall be durable and of moisture resistant or moisture proof material. Gloves for handling sharps shall be puncture resistant or puncture proof in addition to liquid resistant. Boots shall be of durable moisture resistant or moisture proof material which will not tear under the stress of walking. Minimum protective breathing devices shall be surgical masks. Tape for sealing wrists and ankles shall also be provided in the kit.
e.A first aid kit (unless emergency medical care is available on the premises), fire extinguisher, and other appropriate safety equipment.
5.The disinfectants used in cleaning up a spill shall be registered with the U.S. EPA as hospital disinfectants that are also tuberculocidal, fungicidal, virucidal and effective against HIV 1. Also approved as a disinfectant is one-to-ten (1:10) dilution of five percent (5%) sodium hypochlorite solution.
6.All regulated medical waste treatment, destruction, or destination facilities shall, at a minimum, implement the following procedures subsequent to a spill of regulated medical waste upon its discovery:
a.The cleanup crew shall utilize the protective equipment described in § 1.14(G) of this Part during the spill cleanup operation;
b.Limit access to the spill area only to authorized personnel;
c.Place broken containers and spillage inside overpack bags in the kit;
d.Disinfect the area and take other cleanup steps deemed necessary. Any absorbent materials used to disinfect the area shall be considered regulated medical waste;
e.Clean and disinfect non-disposable items;
f.Remove protective equipment and manage disposal items as regulated medical waste;
g.Take necessary steps to replenish containment and cleanup kit;
h.Call for emergency assistance if necessary;
i.Report to the Director immediately all regulated medical waste spills or accidents, unless the quantity of such spills is less than one cubic foot of waste;
j.Submit a medical waste spill report to the Director within forty-eight hours, using the spill or accident report form prescribed by the Director. Any regulated medical waste spill outside the limited access areas shall be reported to the Director. A copy of the report shall be on file at the treatment facility for a minimum of three (3) years. The report form shall include, but not be limited to:
(1)Name of facility;
(2)Name of employee(s) involved;
(3)Address of facility;
(4)Date of spill or accident;
(5)Date of report;
(6)Short detailed summary of events; and,
(7)Procedure(s) used to clean the spill or accident.
k.All spills shall be recorded in a log that is maintained for a minimum of three (3) years from the date of the last entry in the log.
7.Treatment, destruction, and destination facilities shall:
a.Store regulated medical waste in a manner and location that maintains the integrity of the packaging;
b.Maintain regulated medical wastes in a non-putrescent state, using refrigeration or freezing when necessary;
c.Lock outside storage areas containing regulated medical wastes to prevent unauthorized access;
d.Designate and label regulated medical waste storage areas not limited to authorized personnel by posting a sign stating "warning: regulated medical waste" and/or displaying the international biohazard symbol at all points of access; and,
e.Store regulated medical waste in a manner and location that is not accessible to animals and does not provide a breeding place or a food source for insects or rodents.
8.Treatment, destruction, and destination facilities shall adhere to the following storage regulations:
a.No regulated medical waste shall be stored more than fourteen (14) days;
b.No facility shall store more than seven (7) times its total maximum daily capacity for treatment and/or destruction of regulated medical waste;
c.All facilities shall formulate a plan and submit a copy to the Director for approval. At a minimum the plan shall:
(1)Address compliance with the requirements set forth in §§ 1.15(B)(4), (6), (7), (8) of this Part, and shall provide for the removal of regulated medical waste to an alternate facility in the event that the facility is not in compliance with §§ 1.15(B)(8)(a) through (b) of this Part;
(2)Be maintained at the treatment facility; and,
(3)Designate an emergency coordinator and an alternate emergency coordinator.
d.The facility shall implement the appropriate section(s) of its plan under the following conditions:
(1)Its maximum storage capacity for regulated medical waste (as determined by § 1.15(B)(8)(b) of this Part) has been exceeded; or,
(2)The storage time for regulated medical waste has exceeded fourteen (14) days; or,
(3)The facility operator anticipates exceeding the maximum storage capacity and/or the fourteen (14) day storage time limit for regulated medical waste.
e.A generator that also treats or destroys regulated medical waste generated on premises owned or operated by the generator shall be subject to the requirements of § 1.15(B)(8) of this Part when the untreated regulated medical waste is stored in a centralized storage area prior to treatment or destruction.
9.Training/Notification Requirement: The owner of a treatment, destruction or destination facility shall notify in writing all employees involved with the treatment and destruction of regulated medical wastes of the provisions in § 1.15 of this Part. This training/notification shall be accomplished through the use of a medical waste procedure manual and/or through appropriate training materials.
C.Use of the Tracking Form
1.Destination Facility: When a destination facility receives regulated medical waste accompanied by a tracking form, the owner or operator shall:
a.Sign and date each copy of the tracking form to certify that the regulated medical waste listed on the tracking form was received;
b.Note any discrepancies as defined in § 1.15(D) of this Part on the tracking form;
c.Immediately give the transporter at least one copy of the signed tracking form;
d.Retain a copy of each tracking form in accordance with § 1.15(E)(1) of this Part.
2.Intermediate Handlers: When an intermediate handler receives regulated medical waste accompanied by a tracking form, the owner or operator shall meet the following requirements:
a.The owner or operator shall initiate a new tracking form for each shipment of regulated medical waste that has either been treated or destroyed. The owner or operator shall also meet all the requirements for generators under §§ 1.6 through 1.13(H) of this Part including signing the tracking form, indicating the acceptance of the waste as specified in box 20, and entering the new tracking form number in box 21.
b.The owner or operator shall maintain a log matching the original generator's tracking forms to the tracking form that the owner/operator shall initiate. This log shall include:
(1)Name(s) of generator(s);
(2)Generator's address;
(3)The date the regulated medical waste was originally shipped by the generator or the generator's unique tracking form number;
(4)The new tracking form number to which the waste is assigned.
c.Within fifteen (15) days of receipt of the tracking form that was initiated by the owner/operator and that was signed by the destination facility, the intermediate handler shall:
(1)Attach a copy of the tracking form, signed by the destination facility, to the original tracking form initiated by the generator according to § 1.13(C) of this Part;
(2)Send a copy of each tracking form to the generator that initiated the tracking form; and,
(3)Retain a copy of each tracking form in accordance with the requirements of § 1.14(L) of this Part.
3.Rail Shipments: If a destination facility or intermediate handler receives regulated medical waste from a rail transporter that is accompanied by shipping papers containing the information required on the medical waste tracking form, with the exception of the generator's certification and chain of custody signatures, the owner or operator or his agent, shall:
a.Sign and date each copy of the tracking form or the shipping papers (if the tracking form has not been received);
b.Note any discrepancies, as defined in § 1.15(D) of this Part, on each copy of the tracking form or shipping papers (if the tracking form has not been received);
c.Immediately give the rail transporter at least one copy of the tracking form or shipping papers (if the tracking form has not been received);
d.If the facility is a destination facility, send a copy of the signed and dated tracking form to the generator within fifteen (15) days after the delivery. If the owner or operator has not received the tracking form within fifteen (15) days of delivery, a copy of the signed and dated shipping papers shall be sent to the party initiating the tracking form;
e.If the facility is an intermediate handler, retain a copy of the tracking form (or the shipping papers if the tracking form has not been received), until a copy of the tracking form signed by the owner or operator of the destination facility. The destination facility or intermediate handler shall then:
(1)Attach a copy of the tracking form (signed by the destination facility) to the original tracking form (or the shipping papers if the tracking form has not been received) initiated by another party;
(2)The intermediate handler and destination facility shall send a copy of each tracking form (or each set of shipping papers) to the party who initiated the tracking form; and,
(3)The intermediate handler and destination facility shall retain a copy of each tracking form in accordance with the requirements of § 1.15(E) of this Part.
f.The intermediate handler and destination facility shall retain a copy of the tracking form (or shipping papers if signed in lieu of the tracking form) for at least three hundred and seventy-five (375) days from the date of acceptance of the regulated medical waste.
D.Tracking Form Discrepancies
1.Tracking form discrepancies required for:
a.Any variation in piece count such as a discrepancy of one box, pail, or drum in a truckload; or,
b.Any variation in the actual weight of any single container of regulated medical waste that differs from its listed weight by more than ten percent (10%); or,
c.Any variation in the actual weight of all containers in a shipment of regulated medical waste that differs from the total weight listed on the medical waste tracking form by more than five percent (5%).
d.Discrepancies in number of containers for each category of regulated medical waste as described on the label imprinted or affixed to the outer surface of the package;
e.For packaging that is broken, torn, or leaking; and,
f.Regulated medical waste that arrives at an intermediate handler or a destination facility unaccompanied by a tracking form, where the owner or operator knows such form is required, or for which the tracking form is incomplete or not signed.
2.Upon discovering a discrepancy, the owner or operator of the treatment, destruction, or destination facility shall attempt to resolve the discrepancy with the waste generator, the transporter and/or the intermediate handler. If the discrepancy is not resolved, the owner or operator shall submit a letter, within fifteen (15) days of receiving the waste, to the Director. The letter shall describe the nature of the discrepancy and the attempts the owner or operator has undertaken to reconcile it. The owner or operator shall include a legible copy of the tracking form or shipping papers in question with the letter. If the discrepancy is the type specified in § 1.15(D)(1)(d) of this Part, the report shall specify the quantity of waste received, the transporter, and the generator(s).
E.Recordkeeping
1.The owner or operator of a destination facility or an intermediate handler receiving regulated medical waste shall maintain records for a minimum of three (3) years from the date the waste was accepted. These records shall contain the following information:
a.Copies of all tracking forms and logs required by these regulations; and,
b.The name and address of each generator that delivered waste to the destination facility or intermediate handler under § 1.13(B)(2) of this Part, and the generator's address; and,
c.Copies of all discrepancy reports required by § 1.15(D) of this Part.
2.The owner or operator of a destination facility or an intermediate handler that accepts regulated medical waste from generator(s) subject to § 1.13(B)(2) of this Part shall maintain the following information for each shipment of regulated medical waste accepted:
a.The date the waste was accepted;
b.The name and address of the generator who originated shipment;
c.The total weight of the regulated medical waste accepted from the originating generator; and,
d.The signature of the individual accepting the waste.
F.Treatment, Destruction, and Disposal of Regulated Medical Wastes
1.Regulated medical waste remains subject to the handling and management requirements of these regulations and to any relevant federal regulations until the regulated medical waste is both treated and destroyed.
2.Once regulated medical waste has been both treated and destroyed, its residue may be disposed of as non-regulated medical waste unless that residue meets the definition of hazardous waste as defined by DEM Rules and Regulations for Hazardous Waste Management (Subchapter 10 Part 1 of this Chapter). Untreated regulated medical waste may be transported off-site for treatment and destruction, treated on-site and transported off-site for destruction, or treated and destroyed on-site. Regulated medical waste shall not undergo mechanical destruction before it has been treated, unless the mechanical destruction and treatment are part of a single, self-contained process that does not place employees or the public at risk of exposure to untreated regulated medical waste.
3.Treatment and destruction combinations that fulfill the requirements for proper treatment and destruction of regulated medical wastes include, but are not limited to, the following:
a.For Liquid Regulated Medical Wastes, Including Body Fluids, Human Blood and Blood Products: Acceptable disposal methods include:
(1)Incineration;
(2)With approval from the local sewer authority, discharge into a sanitary sewer system that has a secondary wastewater treatment facility. Methods of discharge shall be limited to: direct discharge into the sanitary sewer system; discharge after steam sterilization; or discharge after chemical disinfection with a one-to-ten (1:10) dilution of five percent (5%) sodium hypochlorite solution or equivalent chemical disinfection.
(3)Discharge into an Individual Sewage Disposal System (ISDS), provided that chemical disinfectants and/or preservatives are not added to the body fluids, human blood and/or blood products prior to discharge and that no more than ten (10) gallons of body fluids, human blood and/or blood products are discharged in an ISDS during a twenty-four (24) hour period;
b.For Human Pathological Wastes (Not Including Body Fluids) and Isolation Wastes: Acceptable technologies include:
(1)Incineration;
(2)In response to the threat posed by certain isolation waste (human or animal) the Director may prescribe alternate treatment standards as described in § 1.2(B) of this Part.
c.For Sharps and Unused Sharps: Acceptable technologies include:
(1)Incineration;
(2)Chemical disinfection, utilizing chemicals specifically approved by EPA/FIFRA for disinfection of medical waste, with or followed by grinding or shredding; and,
(3)Steam sterilization followed by grinding or shredding.
d.For Other Regulated Medical Wastes (including, but not limited to, cultures and stocks, items saturated and/or dripping and/or caked with human blood): Acceptable technologies include:
(1)Incineration;
(2)Chemical disinfection, utilizing chemicals specifically approved by EPA/FIFRA for disinfection of medical waste, with or followed by grinding or shredding;
(3)Steam sterilization followed by grinding or shredding.
4.Alternative Technologies: Any other treatment, destruction and/or disposal technology shall only be utilized if such treatment, destruction and/or disposal technology has been approved in writing by the Director.
5.Approval of Alternative Technologies:
a.The Director shall not grant approval for the use of any other combination of treatment, destruction and/or disposal technologies, unless and until such technologies are proven, on the basis of thorough tests to:
(1)Completely and reliably inactivate Geobacillus stearothermophilus spores or Bacillus atrophaeus spores at a 4 Log10 reduction or greater; and,
(2)Completely and reliably inactivate vegetative bacteria, fungi, viruses, parasites, and mycobacteria at a 6 Log10 reduction or greater [this requirement is applicable to technologies not based on thermal and chemical treatment]; and,
(3)Be protective with respect to total impact on the environment; and,
(4)Ensure the health, safety and welfare of both facility employees and the general public; and,
(5)Ensure that the total weight and/or volume of the end product of the alternative technology does not exceed the total weight and/or volume of the regulated medical waste prior to treatment and/or destruction. Testing must also demonstrate that inactivation is uniformly and within containers reasonably likely to be treated in the system.
b.Notwithstanding the provisions of § 1.15(F)(5)(a) of this Part, the Director may deny any application for just cause within the scope and intent of these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.16** Registration for Generators of Regulated Medical Waste {#sec-250-ricr-140-15-1-1.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.16}
A.General Requirements
1.As of January 1, 2012, no person whose primary business activity of purpose is the diagnosis (including testing and laboratory analysis), treatment, or immunization of human beings or animals, in research pertaining thereto, or in the preparation of human remains for burial or cremation, or in the production or testing of biologicals, or in the development of pharmaceuticals shall engage in the generation of regulated medical waste unless that person shall have registered with the Director in accordance with the requirements contained in § 1.16(A)(2) of this Part and have been issued a regulated medical waste generator registration number. For the purpose of these regulations, a person is considered to be a single generator, even if it utilizes more than one (1) site in the course of its operation.
2.Contents of Application: A generator shall submit an application for a regulated medical waste generator registration number in a manner prescribed by the Director. The Department may require this form to be filled out on paper or in an online format. Such application shall include, as a minimum, the following:
a.Name under which the application is being made;
b.Business location(s) used to generate regulated medical waste, and mailing address if different from generation location(s);
c.The type of generator facility at each business location;
d.Applicant's business phone number;
e.The name and phone number of the primary contact person for the facility;
f.The approximate amount of regulated medical waste that will be generated per year at each location;
g.If regulated medical waste is to be treated and/or destroyed on-site, provide a description of the treatment/destruction methods;
h.If regulated medical waste is to be transported off-site for treatment and/or destruction, provide the approximate quantity of treated and untreated waste, as well as the name(s) and RI regulated medical waste transporter permit number(s) of the transporter(s);
i.The signature of the applicant or a person duly authorized to act on behalf of the applicant; and,
j.Any other information reasonably required by the Director to demonstrate that the applicant can safely generate and manage regulated medical waste in accordance with all applicable provisions of these regulations.
3.Notification of Changes: A registered generator of regulated medical waste shall notify the Director, in writing, of any change(s) in the information required by the permit application. Such notification shall be provided in advance whenever possible. However, in no case shall the notification be postmarked later than five (5) business after the effective date of the change(s). Notwithstanding the foregoing, the Director shall be notified, in writing, of any additional location(s) to be included on the registration before any regulated medical waste is generated at that location.
4.Expiration of Regulated Medical Waste Generator Registrations: Upon approval by the Director, a regulated medical waste generator registration shall expire on December 31 of the year of issuance, unless sooner suspended or revoked.
5.Renewal of Regulated Medical Waste Generator Registrations
a.Requests for renewal of a regulated medical waste generator registration shall be submitted not later than thirty (30) days prior to the expiration date of the current registration, and shall contain all the information required by § 1.16(A)(2) of this Part without reference to any previously submitted material.
b.In any case in which a holder of a regulated medical waste generator registration has filed an application in proper form for renewal not less than thirty (30) days prior to the expiration date of his/her existing registration, the existing registration number shall not expire until final action on the application has been taken by the Director.
B.Registration of More Than One Generator at the Same Site
1.Any person who generates regulated medical waste at a location operated by a legal entity of which such person has no legal relationship must register as a generator of regulated medical waste as required by R.I. Gen. Laws § 23-19.12-12, in the manner provided by § 1.16(A) of this Part. Such person shall be independently responsible for violations of the law and regulations that are committed by that person.
2.If two or more individual generators register in accordance with § 1.16(A) of this Part as a single legal entity, they shall submit to the Director verification that they are a legal entity, which is responsible for the actions of its agents regarding the generation and management of regulated medical waste.
3.Two or more individual generators at the same location who share examination rooms, jointly combine all regulated medical waste, and are each small quantity generators, but are not a single legal entity, shall each be required to obtain separate registrations pursuant to § 1.16(A) of this Part. Each person shall be independently responsible for violations of the law and regulations that are committed. For the purpose of determining registration categories, each such individual generator shall assume, unless proven otherwise, an equal proportion of all regulated medical waste generated at that location.
C.Annual Registration Fee
1.The Director has established the following annual registration fees for generators of regulated medical waste:
Generator Category
Waste Generated Per Generator Per Year
Annual Fee for Registration
1
Less than 25 lbs.
$30/generator
2
25 lbs. to 100 lbs.
$40/generator
3
101 lbs. to 500 lbs.
$60/generator
4
501 lbs. to 2,000 lbs.
$160/generator
5
More than 2,000 lbs.
$200/generator
2.Prorating of Fees. Any person submitting an application for a new regulated medical waste generator registration between July 1 and December 31 shall pay one-half of the appropriate fee specified in § 1.16(C)(1) of this Part. The fee for a new regulated medical waste generator registration submitted between January 1 and June 30 shall not be prorated.
3.Adjustments to Fees. A facility that generates more regulated medical waste than permitted under their current generator category during the issuance period shall, upon renewal, be responsible for payment of the renewal registration fee for the higher generator category. No permit fee adjustments shall be made during the issuance period for facilities that generate less regulated medical waste than permitted under their current generator category.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.17** Licenses for Storage, Treatment and/or Destruction of Regulated Medical Waste {#sec-250-ricr-140-15-1-1.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.17}
A.General Requirements
1.No person or legal entity shall engage in the storage, treatment and/or destruction of regulated medical waste unless that person or entity shall have been issued a license by the Director for that purpose.
2.Notwithstanding the requirements of § 1.17(A)(1) of this Part:
a.The owner and/or operator of a treatment, destruction, and/or disposal facility that is operating under a solid waste management facility license, issued pursuant to R.I. Gen. Laws § 23-18.9-8 and the Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter), for the current license year during which these regulations take effect shall comply with this Section by the next license renewal date.
b.The owner and/or operator of a solid waste management facility which has a solid waste management facility license, issued pursuant to R.I. Gen. Laws § 23-18.9-8 and the Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter) shall have an additional ninety (90) days beyond said expiration date to comply with the requirements of this Section if there is less than six (6) months' time between the effective date of these regulations and the expiration of said license.
c.The owner and/or operator of a solid waste management facility which has applied for a solid waste management facility license pursuant to R.I. Gen. Laws § 23-18.9-8 and the Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter) but has not yet received a license for the current license year during which these regulations take effect shall have six (6) months from the effective date of these regulations to comply.
3.Notwithstanding the requirements of § 1.17(A)(1) of this Part, the following activities do not constitute practices requiring licensure under this section:
a.Storage by a generator before regulated medical waste is treated and/or destroyed on-site, or offered for transport off-site; and,
b.Treatment and/or destruction of regulated medical waste by the generator of that waste if the treatment and/or destruction:
(1)Is carried out at a generating facility owned and operated by the generator of the regulated medical waste; and,
(2)Does not include regulated medical waste generated by any other person or legal entity.
4.Upon approval by the Director, a license for the storage, treatment and/or destruction of regulated medical waste shall expire three (3) years from the date of issuance, unless sooner modified, suspended or revoked.
5.The holder of a license for the storage, treatment and/or destruction of regulated medical waste shall notify the Director, in writing, of any changes in the information provided with the license application. Said notification shall be provided in advance whenever possible. In no case shall the notification be postmarked later than five (5) business days after the effective date of the change(s).
6.The requirements established by this section shall be in addition to, and not in lieu of any requirements established by the Director pursuant to R.I. Gen. Laws Chapters 23-18.9 and 23-63, the Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter), or other Rules and Regulations promulgated pursuant to the authority conferred by these statutes.
B.Regulated Medical Waste Storage, Treatment and/or Destruction License Fees
1.Each application for a license to construct a facility for the storage, treatment and/or destruction of regulated medical waste, or application to renew a license to operate a facility for the storage, treatment and/or destruction of regulated medical waste, shall include a fee in accordance with the following schedule:
Type of Facility
Application Fee
Renewal Fee
Medical Waste Incinerator
$20,000
$10,000
Treatment, Disinfection and/or Destruction Facility
$15,000
$7,500
Storage/Transfer Station
$10,000
$3,000
Mobile Operation(s)
$15,000
$7,500
2.Multiple Operations at One Facility: Facilities that perform multiple operations as part of a single facility operation shall only be required to possess the license with the highest fee category applicable to the activities performed at that site. However, two or more independently staffed facilities operating on the same site shall require a license for each independent facility, as well as the appropriate fee for each independent facility.
3.The fees established by this section shall be in addition to any fees assessed by the Director pursuant to R.I. Gen. Laws Chapters 23-18.9 and 23-63, the Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter), or other Rules and Regulations promulgated pursuant to the authority conferred by these statutes.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.18** Variances {#sec-250-ricr-140-15-1-1.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.18}
A.Application
An application for a variance from the segregation, handling, transportation, storage, or treatment requirements of the medical waste Rules and Regulations shall be made in writing to the Department.
B.Review
The Director shall evaluate each request for a variance. Such variance may be granted provided the Director finds that such request will not be contrary to the purposes and policy expressed in § 1.2 of this Part and that the alternative methods proposed by the applicant fulfill the purposes of the rule from which the variance is requested.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.19** Severability {#sec-250-ricr-140-15-1-1.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.19}
If any provision of these Rules and Regulations, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the Rules and Regulations shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.20** Superseded Rules and Regulations {#sec-250-ricr-140-15-1-1.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.20}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of the Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste 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 the application filed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.21** List of Animal Diseases Associated with Isolation Waste {#sec-250-ricr-140-15-1-1.21 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.21}
A.Isolated animals believed to be infected with highly communicable zoonotic diseases or foreign animal diseases.
1.Any species
a.Borna disease
b.Burkholderia mallei
c.Burkholderia pseudomallei
d.Nipah virus
e.Rift Valley Fever
f.Vesicular Exanthema of Swine (infection with VESV)
2.Avian
a.Avian Influenza (high pathogenicity and foreign strains)
b.Duck Virus Hepatitis
c.Exotic Newcastle disease
3.Bovine
a.Akabane Disease
b.Bovine ephemeral fever
c.Bovine Spongeform Encephalopathy (BSE)
d.Contagious Bovine Pleuropneumonia
e.Foot-and-Mouth Disease (Aphthovirus)
f.Hemorrhagic septicemia
g.Jembrana disease
h.Rinderpest
4.Caprine/Ovine
a.Capripoxviruses
b.Contagious Caprine Pleuropneumonia
c.Malignant Catarrhal Fever
d.Peste des Petits Ruminants
e.Goat and sheep pox
5.Equine
a.African Horse Sickness
b.Epizootic Lymphangitis
c.Hendra
d.Venezuelan Equine Encephalomyelitis (VEE)
6.Porcine
a.African Swine Fever
b.Classical Swine Fever
c.Swine Vesicular Disease
7.Other
a.Rabbit Hemorrhagic Disease
b.Infectious Salmon Anemia
c.Spring Viremia of Carp
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
##### **250-RICR-140-15-1 § 1.22** Highly Communicable Endemic Animal Diseases {#sec-250-ricr-140-15-1-1.22 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-15-1#1.22}
Disease
Zoonosis
Carcass Infectious
Special Consideration
Any Species
Anthrax
Yes
Yes
Spores difficult to mitigate/small animals should be dealt with as infectious waste/large animals buried with DEM approval
Brucellosis
Yes
Yes
Routine bagging and burial or incineration of small animals/large animals buried with DEM approval
Leptospirosis
Yes
Yes, if contaminated
Routine bagging and burial or incineration of small animals/large animals buried with DEM approval
Lymphocytic
Yes
Yes, if contaminated
Routine bagging and burial or incineration of small animals
Choriomeningitis Plague
Yes
No
Flea vectors are required for transmission/routine disposal bagging and burial or incineration
Q-Fever
Yes
Yes, if contaminated
Routine bagging and burial or incineration of small animals/large animals buried with DEM approval
Rabies
Yes
Yes, if contaminated
Routine bagging and burial or incineration of small animals/large animals buried with DEM approval
Tuberculosis
Yes
Yes
Routine bagging and burial or incineration of small animals/large animals buried with DEM approval
Tularemia
Yes
Yes
Routine bagging and burial or incineration of small animals
Avian
Avian Influenza
Possible
Yes
Carcasses must be disposed of in a manner consistent with RI’s AI response plan
(Low Path) Salmonellosis
Yes
Yes, if contaminated
Routine bagging and burial or incineration
Bovine
Malignant Catarrhal fever
No
No
Disposal by burial is acceptable
Pseudorabies
No
Yes to animals
Disposal by burial is acceptable
Canine
Canine Influenza
No
Possibly
Routine bagging and burial or incineration
Parvovirus
No
Possibly
Routine bagging and burial or incineration
Caprine/Ovine
Bluetongue
No
No
Disposal by burial is acceptable
Caseous Lymphadenitis
Rare
Disposal by burial is acceptable
Scrapie
No
Yes to animals
Prion Disease, high temp or chemical digestion only
Equine
Equine Rhinopneumonitis
No
Yes to horses
Disposal by burial is acceptable
Equine Viral Arteritis
No
Unlikely
Disposal by burial is acceptable
Strangles
No
Yes, if contaminated
Disposal by burial is acceptable
Porcine
Hog Cholera
No
Yes
Disposal by burial is acceptable
Pseudorabies
No
Yes to animals
Disposal by burial is acceptable
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-11-20 to 04/22/2020*
- *Amendment — effective from 2010-10-10 to 11/20/2017*
- *Periodic Refile — effective from 2001-12-31 to 10/10/2010*
### **Subchapter 20** Recycling & Special Waste
#### **250-RICR-140-20-1** Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal Residential Solid Waste
##### **250-RICR-140-20-1 § 1.1** Purpose {#sec-250-ricr-140-20-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.1}
A.These regulations establish the requirements for the reduction and recycling of commercial and non-municipal residential solid waste. The program is to be administered by the Department of Environmental Management in cooperation with the Solid Waste Management Corporation.
B.The purposes of these regulations are:
1.To define the recyclable components of commercial and non-municipal residential solid waste,
2.To set schedules for recycling commercial and non-municipal residential solid waste, for submitting source reduction and recycling plans and for reporting source reduction and recycling activities, and
3.To establish enforcement procedures for these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.2** Authority {#sec-250-ricr-140-20-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.2}
These Rules and Regulations are promulgated pursuant to the requirements and provisions of R.I. Gen. Laws Chapter 42-17.1, "Department of Environmental Management", R.I. Gen. Laws Chapter 42-17.6, "Administrative Penalties for Environmental Violations", and R.I. Gen. Laws §§ 23-18.8-2, 23-18.9-1, 23-18.9-7, 23-19-3, 23-19-5, R.I. Gen. Laws Chapters 37-15, 42-20.16 in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, "Administrative Procedures Act".
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.3** Findings and Policy {#sec-250-ricr-140-20-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.3}
A.The findings and policy enumerated by the legislature in R.I. Gen. Laws Chapters 23-18.8 and 23-19, as amended, are hereby adopted as the administrative findings and policy upon which these Rules and Regulations are based.
B.These findings recognize and declare that it is the policy of the State that:
1.The central landfill is a public resource of limited and finite capacity which the state, as guardian and trustee for its people, has the right and the obligation to preserve for the use of its people;
2.Solid waste management problems are statewide in scope and necessitate state action through technical assistance and leadership in the application of new and improved methods and processes to reduce the amount of solid waste that must be disposed of, and to promote environmentally acceptable and economically sound solid waste management;
3.Any environmentally and economically sound solid waste management system must incorporate recycling;
4.The failure or inability to economically recover and recycle materials and energy resources from solid waste results in the unnecessary waste and depletion of natural resources;
5.All solid waste capable of being recycled should be recycled;
6.A sound recycling program will be best achieved by cooperation of the Rhode Island Solid Waste Management Corporation, the Department of Administration, the Department of Environmental Management, and the cities and towns of the state of Rhode Island;
7.The definition of recyclable materials should be the responsibility of the Department of Environmental Management and should be changed from time to time depending upon new technologies, economic conditions, waste stream characteristics, environmental effects, or other factors;
8.Upon full implementation of the recycling program, all solid waste, from both cities and towns and commercial establishments, will be separated into recyclable and nonrecyclable components.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.4** Application {#sec-250-ricr-140-20-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.4}
The terms and provisions of these regulations shall be liberally construed to permit the Department to effectuate the purposes of state law, goals, and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.5** Definitions {#sec-250-ricr-140-20-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.5}
A.For the purposes of these regulations, except as provided below, the general definitions and abbreviations set forth in R.I. Gen. Laws §§ 23-18.9-7 and 23-19-5 shall apply to these regulations.
1."Agency" means any commission, board, Department, public or quasi public corporation (including, but not limited to, the Rhode Island Port Authority, Rhode Island Public Transit Authority, Rhode Island Public Buildings Authority, Rhode Island Public Communications Authority, Rhode Island Higher Education Authority, and Rhode Island Bridge and Turnpike Authority) either public or private and including state, county, and municipal government.
2."Commercial solid waste" means all solid waste except: hazardous waste, as defined in R.I. Gen. Laws Chapter 23-19.1; municipal solid waste and non-municipal residential waste, as defined in these regulations.
3."Corporation" means the Rhode Island Solid Waste Management Corporation.
4."Corrugated cardboard" means corrugated containers, substantially clean and dry, empty and free of wood, plastic, polystyrene and other packing materials. Wax coated and /or wire reinforced corrugated is excluded from this definition.
5."Department" means the Rhode Island Department of Environmental Management.
6."Disposal" means the abandonment, discard or final disposition of waste.
7."Materials Recovery Facility" or "MRF" or "Intermediate Processing Facility" or "IPF" means a facility consisting of structures, machinery, or devices utilized to sort, bale, or otherwise process source segregated recyclables prior to conveyance to market outlets.
8."Multi-unit housing" means any housing which the governing body of that municipality has designated as a multi-unit dwelling, and which generates non-municipal residential solid waste.
9."Municipal solid waste" means that solid waste generated by the residents of a municipality in the course of their daily living, the disposal of which the governing body of the municipality has undertaken in the discharge of its duties to protect the health of the municipality. Municipal solid waste does not include solid waste generated by residents of a municipality in the course of their employment or that generated by any manufacturing or commercial enterprise.
10."Non-municipal residential solid waste" means solid waste generated by the residents of a municipality in the course of their daily living for which the governing body of that municipality does not accept responsibility for disposal. Non-municipal residential solid waste does not include solid waste generated by residents of a municipality in the course of their employment or that generated by any manufacturing or commercial enterprise.
11."Office paper" means a paper suitable for pen and ink, pencil, typewriter, or printing, which have a similar fiber and filler content, and which are free of treated, coated, padded and heavily printed paper, carbon paper and non-paper materials.
12."Person" means any individual, firm, institution, school, government or quasi-government agency, partnership, association or corporation; public or private; organized or existing under the laws of the state or other states including federal corporations.
13."Segregated" means keeping recyclables separate from commercial solid waste, beginning at the point of generation, through the use of containers, dumpsters, bags, or other receptacles which provide a barrier between recyclables and solid waste and maintain marketability before delivery to a solid waste management facility, intermediate processing facility, or a materials recovery facility.
14."Solid waste management facility" means any plant, structure, equipment, real and personal property, except mobile equipment or incinerators with a capacity of less than 1,000 pounds per hour, owned or operated for the purpose of processing, treating, or disposing of solid waste, but not segregated solid waste.
15."Telephone directory" means a soft-cover listing of telephone numbers and addresses by telephone listing territories commonly listed alphabetically or by occupation and distributed to households and businesses in behalf of telecommunications utilities or private advertisers.
16."Used lubricating oil" means a petroleum based oil which, after sale to a consumer, through use, storage or handling has become unsuitable for its original purpose.
17."White goods" means large, predominantly metal appliances such as, but not limited to, refrigerators, ovens, and laundry washing and drying machines.
18."Wood waste" means lumber, pallets, crates, plywood, and particle board, substantially free of contaminants. Contaminants include: lead paint, banding, bolts over 1/4 inch diameter, shingles, pipe, formica, plastics, and preservatives. Construction or demolition debris that cannot be readily separated is excluded from this definition.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.6** Recyclable Materials {#sec-250-ricr-140-20-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.6}
A.For the purpose of defining those components which must be segregated from commercial solid waste, the following materials are defined as recyclable:
1.Aluminum;
2.Automobiles;
3.Coated unbleached kraft beverage carriers;
4.Corrugated cardboard;
5.Glass food and beverage containers;
6.Laser toner cartridges;
7.Leaves and yard waste;
8.Newspaper;
9.High density polyethylene (HDPE) plastic milk and water containers;
10.Office paper;
11.Polyethylene terephthalate (PET) plastic soft drink containers;
12.Steel, and tin coated steel cans;
13.Telephone directories;
14.Used lubricating oil;
15.Vehicle batteries;
16.White goods;
17.Wood waste.
B.For the purpose of defining those components which must be segregated from non-municipal residential solid waste, the following materials are defined as recyclable:
1.Aluminum;
2.Glass food and beverage containers;
3.Leaves and yard wastes;
4.Newspaper;
5.High density polyethylene (HDPE) plastic milk and water containers;
6.Polyethylene terephthalate (PET) plastic soft drink containers;
7.Steel, and tin coated steel cans;
8.Telephone directories;
9.White goods.
C.These materials must be segregated and kept in a condition to meet minimum market standards. The materials to be included may change from time to time depending upon new technologies, economic conditions, characteristics of the waste stream, environmental effects or other factors.
D.Any person has the right to petition the Department to remove a material from the list of the recyclables to be segregated from commercial solid waste. Such a petition shall demonstrate that:
1.The capacity does not exist in Rhode Island to accept that material for recycling even when accompanied by a payment of one-quarter of the commercial tip fee, and
2.There is a low probability of market recovery in the long term, and
3.Removing the material from the list of recyclables will not result in an adverse environmental impact.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.7** Segregation of Recyclables from Commercial Solid Waste {#sec-250-ricr-140-20-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.7}
A.The following regulations in this rule shall apply to all commercial and non-municipal residential solid waste generated in Rhode Island.
1.Any person who generates commercial solid waste or accepts responsibility for collecting, storing, or disposing of their tenant's waste, shall segregate their solid waste.
2.Subsequent to the point of generation, no person shall combine segregated recyclables with solid waste in a manner that renders the material not marketable.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.8** Planning, Implementation, and Reporting Requirements for Business {#sec-250-ricr-140-20-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.8}
A.Any person who generates commercial solid waste and employs 50 or more employees, as listed in Department of Employment and Training records; or any property owner or property manager who takes responsibility for collecting, or storing, or disposing of the commercial or non-municipal residential solid waste generated by their tenants employing 50 or more employees, combined, as listed in Department of Employment and Training records, shall:
1.Prepare and submit a source reduction and recycling plan consistent with Department requirements to the Department within 60 days of registering with the Rhode Island Department of Employment and Training. These plans shall include a:
a.Waste audit,
b.Description of the process by which recyclable materials are to be segregated, and
c.Plan for the reduction of solid waste and recyclables generated; and
2.Be in compliance with an approved source reduction and recycling plan no later than 60 days after notice of plan approval is issued by the Department, unless the Department shall specify a later time for compliance; and
3.By March 1 of each year, submit a report of recycling activity, covering the previous calendar year, to the Department on the forms provided by the Department.
B.Any person who generates commercial solid waste, with fewer than 50 employees, as listed in Department of Employment and Training records; or any property owner or property manager who takes responsibility for collecting, or storing, or disposing of the commercial or non-municipal residential solid waste generated by their tenants employing fewer than 50 employees, combined, shall not be required to submit a source reduction and recycling plan or an annual report, but shall be required to source separate and recycle the recyclable materials listed in § 1.6(B) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.9** Planning, Implementation, and Reporting Requirements for Government Agencies {#sec-250-ricr-140-20-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.9}
A.All government agencies who generate commercial solid waste shall submit a source reduction and recycling plan consistent with Department requirements to the Department within 60 days of notification by the Department. These plans shall include a:
1.Waste audit,
2.Description of the process by which recyclable materials are to be segregated from waste, and
3.Plan for the reduction of solid waste and recyclables generated.
B.Any government agency who generates commercial solid waste must be in compliance with an approved source reduction and recycling plan no later than 60 days after notice of plan approval is issued by the Department, unless the Department shall specify a later time for compliance.
C.By March 1 of each year, any government agency who generates commercial solid waste must submit a report of recycling activity, covering the previous calendar year, to the Department on the forms provided by the Department. The Department may choose to receive data from government agencies by other means.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.10** Planning and Implementation Requirements for Multi-Family Generators of Non-Municipal Residential Solid Waste {#sec-250-ricr-140-20-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.10}
A.Owners of multi-unit housing which generates non-municipal residential solid waste shall submit a source reduction and recycling plan consistent with Department requirements to the Department no later than 60 days after the date on which recycling of municipal solid waste is scheduled by the Department to begin in the municipality in which the housing is located. These plans shall include a:
1.Waste audit,
2.Description of the process by which recyclable materials are to be segregated from waste, and
3.Plan for the reduction of total waste generated.
B.Owners of multi-unit housing shall submit a source reduction and recycling plan consistent with Department requirements no later than 60 days after receiving an occupancy permit from a municipality currently recycling municipal solid waste.
C.Plans prepared under this subsection for multi-unit housing shall be submitted to the Department and to the recycling coordinator in the city or town in which the multi-unit housing is located.
D.A generator of non-municipal residential solid waste must be in compliance with an approved source reduction and recycling plan no later than 60 days after notice of plan approval is issued by the Department, unless the Department shall specify a later time for compliance.
E.The owner of multi-unit housing in which non-municipal residential solid waste is generated may petition the Department for an extension of the compliance dates established in this section. Such a petition should demonstrate an inability to comply with these regulations in a timely fashion because of conflicts with local zoning or unusual difficulties in providing for separation and storage facilities.
F.It is the responsibility of the owner of multi-unit housing in which non-municipal residential solid waste is generated to ensure that recyclables are segregated.
G.The Department will notify owners of multi-unit housing in writing within 60 days from the date that a completed plan is received that a source reduction and recycling plan is approved or will specify revisions necessary to bring a plan into compliance with Department requirements.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.11** Solid Waste Management Facilities, Intermediate Processing Facilities, and Materials Recovery Facilities {#sec-250-ricr-140-20-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.11}
A.An operator of a solid waste management facility; an intermediate processing facility; or materials recovery facility; shall report to the Department, by March 31 of each year, the total amounts of each material segregated for recycling in the preceding year, and the markets for these materials, on forms provided by the Department. The Department shall keep market information confidential in accordance with R.I. Gen. Laws § 38-2-2(d)(2).
B.No licensed solid waste management facility shall accept, for disposal, commercial solid waste containing greater than 20% recyclables by weight.
C.All licensed solid waste management facilities shall submit a plan for processing recyclables from commercial and non-municipal residential solid waste received at the facility to the Department no later than 60 days after obtaining a solid waste management facility license. No later than 60 days after notice of Department approval of processing plan, the facility must be in compliance with the plan.
D.All licensed solid waste management facilities shall submit an updated plan for processing recyclables from commercial and non-municipal residential solid waste to the Department a minimum of 60 days prior to implementing said revised plan.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.12** Variances {#sec-250-ricr-140-20-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.12}
A.Any person may request a variance from the provisions of this Part. Such a request for a variance shall be in writing, on forms provided by the Department, signed by the company president, and include a comprehensive waste audit.
B.The Director, through the Bureau of Strategic Planning and Policy, 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 and 1.3 of this Part and that alternative methods proposed by the person requesting the variance, 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 substantial questions exists as to the environmental or public health impacts of such variance.
C.In evaluating a request for variance, the Director, or designee may:
1.Enter or inspect any place the Director has reason to believe is associated with the generation, segregation, storage, or disposal of solid waste.
2.Inspect and copy any records which the Director has reason to believe is associated with the generation, segregation, storage, or disposal of solid waste.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.13** Enforcement {#sec-250-ricr-140-20-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.13}
Any person that fails to meet the requirements of these regulations will be subject to administrative penalties as authorized by R.I. Gen. Laws Chapter 42-17.6.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.14** Severability {#sec-250-ricr-140-20-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.14}
If any provision of these Rules and Regulations or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the Rules and Regulations 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 these Rules and Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
##### **250-RICR-140-20-1 § 1.15** Superseded Rules and Regulations {#sec-250-ricr-140-20-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-1#1.15}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of reduction and recycling of commercial and non-municipal residential solid waste 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-02-07 to 01/04/2022*
- *Periodic Refile — effective from 2002-02-07 to 02/07/2002*
#### **250-RICR-140-20-2** Rules and Regulations for Reduction and Recycling of Municipal Solid Waste
##### **250-RICR-140-20-2 § 2.1** Purpose {#sec-250-ricr-140-20-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.1}
A.These rules establish requirements for the reduction and recycling of municipal solid waste. The Department of Environmental Management will administer this program in cooperation with the Resource Recovery Corporation, the Department of Administration, and the cities and towns.
B.These regulations will:
1.Establish the list of materials which must be recycled;
2.Set standards for ordinances governing material separation into recyclable and non-recyclable components;
3.Specify compliance standards and implementation schedules for municipal recycling programs.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.2** Authority {#sec-250-ricr-140-20-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws §§ 23-18.8-1 through 23-18.8-2.1, and 23-18.9-1, and R.I. Gen. Laws Chapters 37-15, 42-35, and 42-17.1.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.3** Findings and Policy {#sec-250-ricr-140-20-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.3}
A.The findings and policies contained in R.I. Gen. Laws Chapter 23-18.8, are hereby adopted as the administrative findings and policy upon which these Rules and Regulations are based and are enumerated below.
B.These findings recognize and declare that it is the policy of the state that:
1.The Central Landfill is a public resource of limited and finite capacity which the state, as guardian and trustee for its people, has the right and the obligation to preserve for the use of its people;
2.Solid waste management problems are statewide in scope and necessitate state action through technical assistance and leadership in the application of new and improved methods and processes to reduce the amount of solid waste that must be disposed of, and to promote environmentally acceptable and economically sound solid waste management;
3.Any environmentally and economically sound solid waste management system must incorporate recycling;
4.The failure or inability to economically recover and recycle materials and energy resources from solid waste results in the unnecessary waste and depletion of natural resources;
5.All solid waste capable of being recycled should be recycled;
6.A sound recycling program will best be achieved by cooperation of the Rhode Island Resource Recovery Corporation, the Department of Environmental Management, and the cities and towns of the State of Rhode Island;
7.Upon full implementation of the recycling program, all solid waste, both from cities and towns and commercial establishments, will be separated in recyclable and non-recyclable components;
8.In order to develop a workable implementation schedule the Department of Environmental Management should develop schedules for the entry of cities and towns into the source separation system;
9.The corporation should provide, for a period of three (3) years, the reasonable allowable costs for implementing this program for cities and towns;
10.The definition of recyclable materials shall be the responsibility of the Department of Environmental Management and should be changed from time to time depending upon new technologies, economic conditions, waste stream characteristics, environmental effects, or other factors.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.4** Application {#sec-250-ricr-140-20-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.4}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.5** Definitions {#sec-250-ricr-140-20-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.5}
A.For the purposes of these regulations, except as provided below, the following terms shall have the following meanings:
1.“Arrangements” means the process by which cities and towns plan for, implement and carry out the separation, weighing, collecting, hauling and disposal of municipal solid waste and recyclable materials.
2.“Corporation” means the Resource Recovery Corporation, previously known as the Rhode Island Solid Waste Management Corporation.
3.“Department” means the Rhode Island Department of Environmental Management.
4."Director” means the Director of the Department of Environmental Management.
5.“HDPE” means high density polyethylene plastics labeled with a # 2 recycling symbol in accordance with standards established by the plastics industry.
F.“Implementation date” means the date by which the Department and a city or town specify that the city or town shall be in compliance with these Rules and Regulations.
7.“Leaf and yard waste” means seasonal deposition of leaves from deciduous and coniferous trees and shrubbery, grass clippings, weeds, herbaceous garden waste, shrub and tree prunings, and brush.
8."Materials recovery facility" or "MRF” means a facility consisting of structures, machinery, or devices utilized to sort, bale, or otherwise process source-segregated recyclables, prior to conveyance to market outlets.
9.“Municipal recycling program” means a recycling program for the separation of municipal solid waste as included in the implementation schedule and approved by the Department pursuant to these regulations.
10.“Municipal solid waste” means that solid waste generated by the residents of a municipality in the course of their daily living, the disposal of which the governing body of the municipality has undertaken and controls in the discharge of its duties to protect the health of the municipality. Municipal solid waste does not include solid waste generated by residents of a municipality in the course of their employment or that generated by any manufacturing or commercial enterprise.
11.“PETE” means polyethylene terephthalate plastics labeled with a #1 recycling symbol in accordance with standards established by the plastics industry.
12.“Processable material” means those recyclable materials that meets criteria of purity and condition as defined by the Corporation and the Department in conjunction with the operator of the MRF.
13.“Recyclable materials” means those materials which shall be separated from municipal solid waste for processing for reuse as listed in § 2.15 of this Part.
14.“Resident” means of a city or town means anyone residing in that municipality for any period of time.
15.“Segregated municipal solid waste” means municipal solid waste that has been separated into recyclable and non-recyclable materials in compliance with these regulations and the Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter).
16.“Solid waste” means garbage, refuse and other discarded materials generated by residential, institutional, commercial, industrial and agricultural sources but does not include solids or dissolved material in domestic sewage or sewage sludge, nor does it include hazardous waste as defined in the Hazardous Waste Management Act, R.I. Gen. Laws § 23-19.1-4(4), nor does it include used asphalt, concrete, portland concrete cement, or tree stumps. Solid waste shall also include non-hazardous liquid, semi-solid and containerized gaseous waste, subject to any special conditions of the Office of Waste Management Office of Land Revitalization and Sustainable Materials Management’s Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter).
17.“Source separation” means the segregation of recyclable materials from other solid waste beginning at the point of generation, by using containers or other receptacles to maintain marketability before delivery to a solid waste management facility, intermediate processing facility, or a materials recovery facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.6** Recyclable Materials {#sec-250-ricr-140-20-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.6}
A.Recyclable materials which must be segregated from municipal solid waste and kept in a condition to meet minimum market standards are listed in § 2.15 of this Part.
B.The Department may change this list of recyclable materials from time to time, depending upon new technologies, economic conditions, waste stream characteristics, environmental effects or other factors. The Department will prepare an annual report on statewide program implementation, including an evaluation of how changes in these factors impact the composition of the list.
C.Municipalities are encouraged to recycle additional materials and to work with the Department and the Corporation to implement pilot scale separation of other materials that may be present in municipal solid waste.
D.Municipalities are encouraged to work with the Department and the Corporation to implement programs to reduce waste and increase recovery of recyclable materials.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.7** Segregation of Recyclable Materials from Municipal Solid Waste {#sec-250-ricr-140-20-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.7}
A.The following requirements in this rule shall apply to all municipal residential solid waste generated in Rhode Island:
1.Any person who generates municipal solid waste or accepts responsibility for collecting, storing, or disposing of municipal solid waste, shall segregate their solid waste.
2.Subsequent to the point of generation, no person shall combine segregated recyclables with solid waste in a manner that renders the material not marketable.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.8** Municipal Recycling Programs {#sec-250-ricr-140-20-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.8}
A.In order to comply with the requirements of this rule, each municipal governing body shall:
1.Commit itself, by resolution or other binding assent, to plan and implement a revised recycling program no later than December 31, 2001 or upon expiration or renewal of recycling collection and hauling agreements in effect on the date of promulgation of these Rules and Regulations. The municipal governing body shall notify the Department of proposed implementation date by June 30, 1997.
2.Establish programs for recyclable materials which achieve the level of separation of recyclables as determined by the Department, or demonstrate that recyclable materials are reused, recycled, composted or otherwise diverted from disposal. For example, a community may elect to implement a backyard composting and/or grasscycling program rather than establish a collection program to divert leaf and yard waste from disposal.
3.Adopt ordinances as necessary to carry out the provisions of this Part in accordance with guidelines established by the Department.
4.Enter into enforceable agreements with haulers as necessary to keep recyclable materials separate from municipal solid waste.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.9** Municipal Compliance {#sec-250-ricr-140-20-2-2.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.9}
In order to achieve compliance with these regulations, each city and town shall achieve the required level of separation of recyclables within three years of the implementation date. The Department will determine the baseline amount for each city and town by comparison with the percentage of separation achieved by similar communities.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.10** Technical Assistance {#sec-250-ricr-140-20-2-2.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.10}
The Department will provide technical assistance to any city or town that requests assistance in complying with these regulations. Technical assistance shall include, but not be limited to: economic modeling, contracting, training and route planning.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.11** Financial Assistance {#sec-250-ricr-140-20-2-2.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.11}
A.For municipalities that have not received three-year grant funding from the Corporation for implementing a mandatory recycling program, as of the date of promulgation of these regulations, the Corporation shall provide grant funding for the first three years of the program. Grant funding shall equal reasonable additional program costs less solid waste and tip fee savings as determined by the Department and the Corporation.
B.For municipalities that have received a three-year grant from the Corporation to implement a mandatory recycling program, the Corporation shall provide additional assistance, for this revised program. Eligible items shall include: recycling bins at reduced rates; informational material (brochures and postcards) including design, printing, and mailing costs; advertisement design and placement costs, newsletter development and printing costs for a follow-up newsletter to all residents to heighten awareness of the revised program.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.12** Variances {#sec-250-ricr-140-20-2-2.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.12}
A.Any municipality may request a variance from the provisions of the Municipal Recycling Regulations. Such a request for a variance shall be in writing and signed by the Chief Executive Officer of the municipality.
B.The Director 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 §§ 2.1 and 2.3 of this Part or that alternative methods proposed by the municipality requesting the variance fulfill the purposes of the rule from which a variance is requested or that the municipality can demonstrate that fifty percent (50%) of the municipal waste generated is recycled, composted, or diverted from disposal. The Director may require a public hearing prior to approving any variance where substantial questions exist as to the environmental or public health impacts of such variance.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.13** Enforcement {#sec-250-ricr-140-20-2-2.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.13}
Any municipality that fails to meet the requirements of these regulations is subject to administrative penalties as authorized by R.I. Gen. Laws Chapter 42-17.6.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.14** Severability {#sec-250-ricr-140-20-2-2.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.14}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-140-20-2 § 2.15** Recyclable Materials {#sec-250-ricr-140-20-2-2.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-2#2.15}
A.For the purpose of defining those components which must be segregated from the municipal solid waste, the following materials are defined as recyclable:
1.Metals
a.Aluminum & tin cans, foil and pie plates
b.Scrap metal
c.Empty aerosol cans
d.Empty paint cans
e.White goods
2.Glass
a.Glass bottles and jars
3.Cartons
a.Milk, juice and asceptic drink cartons and boxes
4.Plastics
a.HDPE plastic bottles and jugs with a #2 recycling symbol on the bottom, excluding tubs. Examples include milk jugs, laundry detergent bottles, shampoo bottles, etc.
b.PETE plastic containers with a #1 recycling symbol on the bottom. Examples include soda and juice bottles, etc.
5.Paper
a.Mail
b.Magazines
c.Catalogs
d.Phone books
e.Paper books
f.Writing paper
g.Corrugated cardboard
h.Paperboard. Examples include shoe boxes, cereal boxes and toilet paper rolls.
i.Newspapers
6.Textiles
a.Towels
b.Linens
c.Clothing
d.Cloth scrap
e.Stockings
f.Rags
g.Belts
h.Handbags
i.Shoes, excluding women’s heels.
7.Organics
a.Leaf and yard waste
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 04/22/2020*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
#### **250-RICR-140-20-3** Rules and Regulations Governing the Administration and Enforcement of the Rhode Island Mercury Education and Reduction Act
##### **250-RICR-140-20-3 § 3.1** Purpose {#sec-250-ricr-140-20-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.1}
In accordance with the Mercury Education and Reduction Act (as amended in 2003 and 2005, and 2006) and R.I. Gen. Laws Chapter 23-24.9, the purpose of these regulations is to improve public and ecosystem health by achieving significant reductions in environmental mercury by encouraging the establishment of effective waste reduction, recycling, management and education programs.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.2** Authority {#sec-250-ricr-140-20-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.2}
These Rules and Regulations are promulgated pursuant to the authority contained in the Mercury Education and Reduction Act, R.I. Gen. Laws Chapter 23-24.9 and the Department of Environmental Management, R.I. Gen. Laws Chapter 42-17.1, and in accordance with the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.3** Application {#sec-250-ricr-140-20-3-3.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.4** Definitions {#sec-250-ricr-140-20-3-3.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.4}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1.“Amalgam separator” means a device that removes dental amalgam from the waste stream prior to discharge into either the local public wastewater system or a private septic system located at the dental facility and that has been certified as conforming to the standards of ISO 11143, Dental Equipment – Amalgam Separators.
2.“Authorized senior management official” means a corporate official or the individual responsible for the overall operation of a facility (or designated authorized agent of the facility) or an operational unit of a facility, such as a plant manager, superintendent, manager of environmental programs, or person of equivalent responsibility.
3.“Capture rate” means the annual removal, collection, and recovery of mercury switches, as a percentage of the total number of mercury switches available for removal from end-of-life vehicles as determined by the Department of Environmental Management. Capture rate shall not include mercury switches that are inaccessible due to significant damage to the motor vehicle in the area where the mercury switch is located.
4."Component" means a mercury-added product that is incorporated into another product to form a fabricated mercury-added product, including, but not limited to, electrical switches and lamps.
5.“Component manufacturer” means any person who produces a mercury-added product that is incorporated into another product, including but not limited to electrical switches, relays, and lamps.
6.“Department” means the Rhode Island Department of Environmental Management.
7.“Director" means the Director of the Rhode Island Department of Environmental Management or his or her designee.
8.“Elemental mercury” means a heavy, silvery-white metal that is liquid at room temperature and is represented by the chemical symbol “Hg” with an atomic number of 80 and an atomic mass of 200.59.
9.“End-of-life motor vehicle” means any vehicle that is sold, given, or otherwise conveyed to a vehicle recycler or a scrap recycling facility for the purpose of recycling.
10.“Fabricated mercury-added product" means a product that consists of a combination of individual components that combine to make a single unit, including, but not limited to, mercury-added measuring devices, lamps and switches to which mercury or a mercury compound is intentionally added in order to provide a specific characteristic, appearance, or quality, or to perform a specific function or for any other reason.
11.“Fluorescent lamp” means a low-pressure mercury electric-discharge lamp in which a fluorescing coating (phosphor) transforms some of the ultraviolet energy generated by the discharge into light.
12."Formulated mercury-added product" means a product that includes, but is not limited to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals and coating materials that are sold as a consistent mixture of chemicals to which mercury or a mercury compound is intentionally added in order to provide a specific characteristic, appearance, or quality, or to perform a specific function or for any other reason.
13."Healthcare facility" means any hospital, nursing home, extended care facility, long-term care facility, clinical or medical laboratory, state or private health or mental institution, clinic, physician's office or health maintenance organization.
14.“Interstate mercury education and reduction clearinghouse" or "IMERC” means the program established under the auspices of the Northeast Waste Management Officials’ Association (NEWMOA) to facilitate tasks and serve as a single point of contact for the manufacturers, distributors, or importers of mercury-added products to facilitate compliance with state requirements for these products.
15.“Laboratory chemical standards” means a material or substance whose chemical properties are sufficiently homogeneous and that are intended for use in the calibration of analytical instruments or validating measurement techniques related to the assignment of mercury values, (emphasis added).
16.“Manufacturer” means manufacturer as defined in R.I. Gen. Laws Chapter 23-24.9, namely any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that produces a mercury-added product or an importer or domestic distributor of a mercury-added product produced in a foreign country. In the case of a multi-component mercury-added product, the manufacturer is the last manufacturer to produce or assemble the product. If the multi-component product is produced in a foreign country, the manufacturer is the importer or domestic distributor.
17."Mercury-added button cell battery" means a button cell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
18.“Mercury-added component” or “mercury switch” means, for the purpose of § 3.12 of this Part, a mercury-added convenience light switch assembly or mercury containing capsule from a convenience light switch from an end-of-life motor vehicle.
19."Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel (including footwear), or similar products.
20.“Mercury-added product" means a product, commodity, chemical or a product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, chemical or component in order to provide a specific characteristic, appearance, or quality, or to perform a specific function or for any other reason. These products include formulated mercury-added products and fabricated mercury-added products.
21."Mercury compound” means a substance composed of elemental mercury and one or more other chemical elements in fixed proportions.
22."Mercury fever thermometer" means a mercury-added product that is used for measuring body temperature.
23."Motor vehicle" means every vehicle which is self-propelled or propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved exclusively by human power, an EPAMD, electric motorized bicycles and motorized wheelchairs (as defined in the R.I. Motor Vehicle Code R.I. Gen. Laws § 31-1-3).
24.“Offer for sale" or "use" means any presentation for acceptance or rejection made by any means, including those that are electronically conveyed.
25."Person" means any individual, group of individuals, firm, joint stock company, association, partnership, private or municipal corporation, government or quasi-governmental corporation, state, commission, political subdivision of the state, any interstate body, or the federal government or any agency or subdivision thereof.
26.“Prescription” means a verbal or written order for drugs, medicines and devices by a licensed practitioner, to be compounded or dispensed by licensed pharmacists in a duly registered pharmacy, and to be kept on file for a period of four (4) years. Prescriptions may also apply to the finished products dispensed by the licensed pharmacists in the registered pharmacy, on order of a licensed practitioner.
27.“Product category” means a group of mercury-added products that have the same purpose for having the mercury in each unit, the same consumer or commercial use, and an amount of mercury per unit for all products that fall within the category.
28.“Provider of elemental mercury” means any person that offers elemental mercury for sale or use or otherwise distributes elemental mercury.
29.“Recipient of elemental mercury” means any person who purchases or otherwise receives elemental mercury.
30.“School” means any public or private kindergarten, elementary, secondary, or secondary vocation-technical school or Head Start facility or other institution for the teaching of children in Rhode Island.
31.“Scrap recycling facility” means a fixed location where machinery and equipment are utilized for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for re-melting purposes.
32.“Vehicle recycler” means an individual or entity required to be licensed under the provisions of R.I. Gen. Laws § 42-14.2-3 that engages in the business of acquiring, dismantling, parts recycling from, or destroying six (6) or more end-of-life vehicles in a calendar year.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.5** Notification {#sec-250-ricr-140-20-3-3.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.5}
A.Notification Requirements In Accordance with by R.I. Gen. Laws § 23-24.9-5: Reporting by Manufacturers or Industry/Trade Groups.
B.Initial Notification
1.The notification for a mercury-added product(s) required by R.I. Gen. Laws § 23-24.9-5, shall include, at a minimum, the following information for the manufacturer of the product(s):
a.The manufacturer’s full legal name and mailing address;
b.The name, address, and telephone number of a contact person for the manufacturer;
c.If the manufacturer corresponds via e-mail or otherwise has a presence on the Internet, the contact person’s e-mail address and/or manufacturer’s web address, as applicable; and,
2.If the notification, including information required under § 3.5(B)(1) of this Part, for a mercury-added product(s) is submitted by a manufacturer’s designated industry or trade group, the notification shall include the following information:
a.The company or organization’s full legal name and mailing address;
b.The name, address, and telephone number of a contact person for the company or organization; and,
c.If the company or organization corresponds via e-mail or otherwise has a presence on the Internet, the contact person’s e-mail address and/or organization’s web address, as applicable.
3.The notification for a mercury-added product(s), shall include the following information on the mercury-added product(s):
a.A description of the product or product category;
b.The amount of mercury in each unit of the product, reported in milligrams (mg) or parts-per-million (ppm) either as an exact number, as an average per unit with an upper and lower limit, or as falling within one (1) of the ranges specified in § 3.5(B)(4) of this Part;
c.The purpose of mercury in each unit of the product;
d.If the mercury-added product or product category contains one (1) or more mercury-added components in the product, the information required under §§ 3.5(B)(3)(a) through (c) of this Part shall be provided for each mercury-added component contained in the product; and,
e.If the mercury-added product or product category contains one (1) or more mercury-added components in the product, the notification shall indicate how many units of each component are contained in each unit of the product.
4.The manufacturer shall use the following ranges when reporting mercury content of mercury-added products by range and for classifying products according to the mercury content in each unit of the mercury-added product:
a.Greater than 0 but less than or equal to 5 milligrams (mg);
b.Greater than 5 mg but less than or equal to 10 mg;
c.Greater than 10 mg but less than or equal to 50 mg;
d.Greater than 50 mg but less than or equal to 100 mg;
e.Greater than 100 mg but less than or equal to 1000 mg; or,
f.Greater than 1000 mg.
5.If a manufacturer of a mercury-added formulated product elects to use the specified ranges in § 3.5(B)(4) of this Part, they shall report the milligrams of mercury per one (1) liter of the mercury-added formulated product.
6.The notification shall provide the name and title of the authorized senior management official signing the notification on behalf of the manufacturer.
7.An authorized senior management official shall:
a.Sign and date the notification form; and,
b.Certify by the individual’s signature that the information submitted on the form(s) is true and accurate to the best of their knowledge and belief, subject to a penalty for making false statements.
8.The notification information required under § 3.5(B) of this Part shall be submitted on a form obtained from the Interstate Mercury Education and Reduction Clearinghouse (IMERC).
9.The notification shall be submitted to the Interstate Mercury Education and Reduction Clearinghouse (IMERC). If information is submitted to the Department, in accordance with these regulations, it is assumed to be a public record unless exempt under R.I. Gen. Laws § 38-2-2 (R.I. Access to Public Records Act).
10.The manufacturer of a product containing a mercury-added button cell battery(ies) shall comply with all the requirements of §§ 3.5(B)(1) through (9) of this Part, even if the battery is the only mercury or mercury-added component in their product.
C.Updated Notification
1.The manufacturer, or the manufacturer’s designated industry or trade group, shall update and revise the information in the notification whenever there is a significant change in the information or when requested by the Director.
2.A significant change that triggers the requirement to provide an updated notification shall be deemed to have occurred whenever:
a.Any of the following contact information has changed for the manufacturer or the manufacturer’s industry or trade group:
(1)company or organization name,
(2)name of the company’s or organization’s contact person, and
(3)mailing address or phone number for the contact person;
b.The mercury has been eliminated from the product or product category;
c.The manufacturer stops manufacturing the mercury-added product or product category;
d.The mercury-added product or product category is no longer sold in Rhode Island; or,
e.It has been 3 years since the previous notification was approved.
3.The updated notification shall include the following:
a.All the information required by R.I. Gen. Laws § 23-24.9-5; and,
b.The reason for the update.
4.An authorized senior management official shall:
a.Sign and date the updated notification form; and,
b.Certify by the individual’s signature that the information submitted on the form(s) is true and accurate to the best of their knowledge and belief, subject to a penalty for making false statements.
5.The updated notification shall be submitted on a form obtained from the Interstate Mercury Education and Reduction Clearinghouse (IMERC).
6.The updated notification shall be submitted to the Interstate Mercury Education and Reduction Clearinghouse (IMERC). If information is submitted to the Department, in accordance with these regulations, it is assumed to be a public record unless exempt under R.I. Gen. Laws § 38-2-2 (R.I. Access to Public Records Act).
D.Reporting by Product Category
1.Two or more mercury-added products may be reported as a product category under the following conditions:
a.All products included in the product category have the same purpose for having mercury in the product and have the same mercury-added components; and
b.For products with mercury-added or with one mercury-added component, all the products included in the product category contain a total amount of mercury per unit, on average, that falls within one of the ranges defined in § 3.5(B)(4) of this Part; or
c.For products with multiple mercury-added components, all like components of the products included in the product category contain a total amount of mercury per unit, on average, that falls within one of the ranges defined in § 3.5(B)(4) of this Part.
E.Reporting Total Mercury in All Mercury-Added Products
1.A manufacturer of a mercury-added product(s), or the manufacturer’s designated industry or trade group, shall submit a notification providing information on the total amount of mercury in all products required by R.I. Gen. Laws § 23-24.9-5.
2.The information on the total amount of mercury in all mercury-added products sold in the United States for a calendar year shall be reported by product or product category.
3.If the information on the total amount of mercury contained in all mercury-added products sold in the United States over the last calendar year is to be submitted by an industry or trade group, the manufacturer shall provide the following information in a separate notification:
a.The name and address of the designated industry or trade group;
b.The name, address, and telephone number for a contact person for the industry or trade group; and,
c.A statement that the information will be provided by an industry or trade group.
4.The notification of the total amount of mercury in all mercury-added products shall include the following information:
a.The manufacturer’s or industry or trade group’s name and address;
b.The name, address, and telephone number of a contact person for the manufacturer or industry or trade group;
c.If the manufacturer or industry or trade group corresponds via e-mail or otherwise has a presence on the Internet, the contact person’s e-mail address and/or manufacturer’s web address, as applicable;
d.If the information on the total amount of mercury contained in all mercury-added products sold in the United States over the last calendar year is submitted by an industry or trade group, the industry or trade group shall specify the manufacturers for whom it is reporting; and,
e.The total amount of mercury in all mercury-added products sold in the United States for the previous calendar year.
5.Information on the total amount of mercury contained in all mercury-added products sold in the United States shall be submitted to the Department by April 1st for the previous calendar year.
6.The manufacturer or industry or trade group shall submit information on the total amount of mercury in all mercury-added products sold in the United States for a calendar year every 3 years thereafter.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.6** Restrictions on Mercury-Added Novelties {#sec-250-ricr-140-20-3-3.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.6}
A.Mercury-Added Novelties: After January 1, 2003, no mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in Rhode Island. This ban on sale, use or distribution does not apply to a novelty incorporating one or more mercury-added button cell batteries as its only mercury-added component.
B.A mercury-added product which meets the definition of a mercury-added novelty in § 3.6 of this Part and meets one or more of the following criteria in §§ 3.6(B)(1) through 3) of this Part is a mercury-added novelty and subject to the January 1, 2003 deadline. (Not all criteria in §§ 3.6(B)(1) through (3) of this Part need to be met for a mercury-added product to be a mercury-added novelty for the purposes of these regulations.)
1.Mass produced and distributed for promotional or advertisement purposes;
2.Easily or regularly discarded into the waste-stream;
3.Reasonably understood to be a non-essential product.
C.Product Specific Novelty Determination: Manufacturers may request that the Department evaluate a specific mercury-added product to determine if it is a mercury-added novelty under these regulations. In evaluating these products, the Department shall consider the criteria in § 3.6(B) of this Part and may take into consideration whether an alternative non-mercury-added product, similar in function, size and price, exists. The Department is authorized to request any additional written information it deems necessary to make an appropriate determination. All fees required pursuant to § 3.13 of this Part for product specific novelty determinations shall be paid to the Department at the time that the determination is requested.
D.Manufacturers that produce and sell mercury-added novelties shall notify retailers about the provisions of this product ban § 3.6 of this Part, Restrictions on Mercury-Added Novelties). The notification by manufacturers to retailers of mercury-added novelty items, shall include the following information:
1.A statement that pursuant to R.I. Gen. Laws § 23-24.9-6, no mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in Rhode Island after January 1, 2003;
2.The specific product(s) from the manufacturer covered under the notification; and,
3.Information on how to properly dispose of the remaining inventory, including at a minimum that any remaining stock of mercury-added novelties must be recycled or disposed as hazardous waste in accordance with regulations promulgated pursuant to R.I. Gen. Laws Chapter 23-19.1 (The Rhode Island Hazardous Waste Management Act).
E.The restrictions on the sale and distribution of mercury-added novelty items shall not apply to novelty items containing a mercury-added button cell battery if the battery is the only mercury or mercury-added component in the item.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.7** Limitations on the Use of Elemental Mercury {#sec-250-ricr-140-20-3-3.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.7}
A.After January 1, 2003, a provider of elemental mercury in Rhode Island, including intermediate distributors and distillers, shall distribute elemental mercury to end-users in Rhode Island only for the allowable uses, specifically for medical, dental, or research purposes.
B.The provider of the elemental mercury shall provide the recipient of the elemental mercury with the Material Safety Data Sheet (MSDS) for elemental mercury, as defined in 42 U.S.C. § 11049 with each delivery of elemental mercury.
C.The purchaser or recipient of elemental mercury shall sign a statement (Appendix A, § 3.20 of this Part), which includes, in accordance with R.I. Gen. Laws § 23-24.9-12, the following information:
1.Name and address of the provider of elemental mercury;
2.Name, address, and telephone number, of a contact person for the provider of elemental mercury;
3.If the provider corresponds via e-mail or otherwise has a presence on the Internet, the contact person’s e-mail address and/or provider’s web address, as applicable;
4.Name and address of the recipient of elemental mercury;
5.Name, address, and telephone number of a contact person for the recipient of elemental mercury;
6.If the recipient corresponds via e-mail or otherwise has a presence on the Internet, the contact person’s e-mail address and/or recipient’s web address, as applicable;
7.Amount of mercury provided to the recipient in that delivery;
8.Date of the transfer;
9.A statement indicating that the recipient of the elemental mercury understands and agrees to the following restrictions specified in R.I. Gen. Laws § 23-24.9-12:
a.The recipient of the elemental mercury shall use the mercury only for medical, dental amalgam dispose-caps, or research purposes;
b.The recipient of the elemental mercury understands that mercury is toxic and shall store and use it appropriately so that no person is exposed to the mercury; and
c.The recipient of the elemental mercury shall not place or allow anyone under the purchaser's control to place the mercury or cause the mercury to be placed in solid waste or red bag regulated medical waste for disposal or in a wastewater treatment and disposal system except in accordance with all applicable federal, state and local requirements.
10.The intended allowable use of the mercury by the recipient, namely whether it is to be used for medical, dental, research purposes, or for further distribution for these intended uses; and,
11.Name and title of the authorized senior management official for the recipient of the elemental mercury signing the certification statement.
D.The information required pursuant to § 3.7(C) of this Part shall be submitted to the Department on the form included in Appendix A, § 3.20 of this Part.
E.An authorized senior management official for the recipient of the elemental mercury shall:
1.Sign and date the completed certification statement form; and,
2.Certify by the individual’s signature that the information submitted on the form is true and accurate to the best of the individual’s knowledge and belief, subject to a penalty for making false statements.
F.The recipient of elemental mercury shall complete and sign a separate certification statement for each delivery of elemental mercury.
G.The provider of the elemental mercury shall forward each completed certification statement to the Department.
H.The provider shall forward completed certification statements to the Department at least monthly, unless no elemental mercury was offered for sale or use during the previous month.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.8** Labeling of Mercury-Added Products {#sec-250-ricr-140-20-3-3.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.8}
A.General Labeling Requirements. Except as provided for in § 3.8(B) of this Part regarding motor vehicle components, after January 1, 2006, a manufacturer or retailer shall not sell a mercury-added product in Rhode Island unless the manufacturer complies with one of the following:
1.Labels the product in accordance with the standards set forth in §§ 3.8(C) and (D) of this Part; or,
2.Conforms to the terms of an approved alternative compliance plan under § 3.8(E) of this Part; or,
3.Documents to the Department under § 3.8(F) of this Part that the product is labeled in compliance with labeling requirements enacted by another state.
B.Labeling of Motor Vehicle Components. Beginning January 1, 2006, each new motor vehicle sold on or after that date must have a label listing the mercury-added products that may be components in the vehicle. The label must be affixed in a visible location on the doorpost of the driver’s compartment (and not on the door itself) unless a different location is proposed by the manufacturer and approved by the Department under § 3.8(E) of this Part or used by another state in accordance with § 3.8(F) of this Part. The label wording and font size also must be approved by the Department or another state. In approving an alternative compliance plan for motor vehicles under § 3.8(E) of this Part, the Department may not require a label to be affixed to individual mercury-added components unless proposed by the manufacturer.
C.Labeling Standards. Prior to sale of a mercury-added product, the manufacturer of the product shall affix or cause to be affixed a label that conforms to the requirements of this Part.
1.Labeling Content. Clearly informs the purchaser and consumer, using words or symbols, that the product contains mercury and may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled or otherwise managed to ensure that mercury does not become part of solid waste or wastewater. The following wording is acceptable:
a.Contains Mercury. Don’t Put in Trash. Recycle or Manage as Hazardous Waste; or
b.Contains Mercury, Dispose of Properly.
2.Label Placement
a.Labels shall be placed on the mercury-added component, any larger product that contains the component, and the package.
b.The label must be located on a surface of the product. If the product has physical characteristics (such as extreme hot or cold temperatures, the product surface is too small or attachment of a label directly on the surface interferes with the specific function of the product), then a manufacturer can submit an alternative labeling request.
c.For products that incorporate mercury-added components, both the incorporated component and the larger product must be labeled. The label on the larger product must identify and describe each mercury-added component. The label should also identify where in the larger fabricated product each component is found.
d.The label must be affixed to the product such that the label is clearly visible and legible. A label printed using 10 point font or larger is presumed to be legible.
e.Labels affixed to products must be printed, mounted, molded, engraved or otherwise affixed using materials that are sufficiently durable to remain legible under the conditions of product’s intended use and the useful life of the product.
3.Product Package Labeling
a.Labels are required on mercury-added product packaging, except when the product either has no package or is not packaged in a conventional type of packaging (where a label cannot be affixed such as shrink wrap, crated or loaded on pallets).
b.Labels are not required on a "clam shell" type package where the product label can easily be viewed through the clear packaging.
c.If component replacement parts are sold as an individual item to end use consumers, the replacement part package must be labeled.
d.If a manufacturer purchases a product from another manufacturer and repackages the product to identify the product with their own company name, the manufacturer repackaging the product is responsible for re-labeling the package.
e.Where the purchaser or recipient is unable to view the labels on the product or product packaging at the time of purchase or receipt, such as in catalog sales transactions that occur over the internet or telephone, the manufacturer or retailer shall, prior to sale or distribution, clearly inform the purchaser or recipient that the product contains mercury.
4.Mercury-Added Component Parts. Except as otherwise provided in § 3.8(B) of this Part (motor vehicles components), mercury-added products that are components of larger products offered for sale in Rhode Island must be labeled in accordance with the requirements of § 3.8 of this Part. If the component is enclosed in the larger product such that the label on the component cannot be seen, then the product containing the component also must be labeled in accordance with the requirements of this Part and the label must identify the component in sufficient detail so that it may be readily located for removal. If the component is incorporated in the larger product such that the label on the component is fully visible, then labeling of the larger product is not required.
5.Alternative Labeling Compliance Plan. A manufacturer may apply to the Department for approval to carry out an alternative compliance plan in lieu of compliance with the requirements of §§ 3.8(B) through (D) of this Part. All fees required for alternative labeling compliance plans pursuant to § 3.13 of this Part shall be submitted to the Department at the time of application.
a.Application. An application for approval of an alternative compliance plan must be in writing and must:
(1)Identify each requirement of these regulations (e.g. font size; placement of the label directly on the product) for which alternative compliance is proposed;
(2)Describe the proposed alternative and explain the justification for it;
(3)Describe how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt;
(4)Describe how a person discarding the product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater;
(5)Document the readiness of all necessary parties to implement the proposed alternative; and,
(6)Describe the performance measures to be used by the manufacturer to demonstrate that the alternative is providing effective pre-sale and pre-disposal notification.
b.Application Review. The Departments review of a proposed alternative compliance plan shall consider the feasibility of compliance with the requirements of §§ 3.8(B) through (D) of this Part and whether the proposed alternative would be at least as effective as the regulations in providing pre-sale notification of mercury content and instructions on proper management as well as other factors. Based on its review, the Department may approve, conditionally approve or reject an application for alternative compliance.
c.Duration. An alternative labeling compliance plan may be approved for a period of no more than three (3) years and may be renewed upon request, provided that, the applicant demonstrates continued eligibility under the criteria of this Part and is in full compliance with the conditions attached to its prior approval. Requests for renewal must be submitted to the Department in writing at least 90 days prior to expiration. The request must indicate any changes in the product or packaging covered by the plan or any changes in the conditions cited by the manufacturer in support of its original request to carry out an alternative compliance plan.
6.Consistency with Other States. The manufacturer of a mercury-added product may comply with the labeling requirement of Rhode Island law by labeling all units of the product sold in Rhode Island in compliance with corresponding labeling requirements adopted by another state. Submittal of these documents to the Department by the manufacturer constitutes compliance with this Section unless, within 45 days of receipt by the Department, the Department notifies the manufacturer that the label or labeling alternative violates Rhode Island law and explains in writing the nature of the violation. A manufacturer may comply in this manner by providing the Department with the following documents:
a.A copy of the label as it will appear on products and product packaging sold in Rhode Island;
b.A copy of the letter approving the use of the label in another state; and,
c.A copy of the application or labeling plan approved by that state.
7.Mercury-Added Lamps, Large Use Applications. A person who sells mercury-added lamps in bulk for use in industrial, commercial or office buildings must inform the purchaser (e.g., by written notice on the sales invoice or in a separate document) that the lamps contain mercury, a federally regulated hazardous substance, and must be managed as hazardous/universal waste.
8.In accordance with R.I. Gen. Laws § 23-24.9-8, § 3.8 of this Part does not apply to mercury-added button cell batteries and products whose only mercury component is a mercury button cell battery or mercury-added lamp, although the individual lamps are subject to the labeling requirement of § 3.8 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.9** Phase-Outs and Exemptions {#sec-250-ricr-140-20-3-3.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.9}
A.No mercury-added product shall be offered for final sale or use or distributed for promotional purposes in Rhode Island if the mercury content of the product exceeds:
1.One gram, (1000 milligrams) for mercury-added fabricated products or two hundred fifty (250) parts per million (ppm) for mercury-added formulated products, effective January 1, 2006;
2.One hundred (100) milligrams for mercury-added fabricated products or fifty (50) parts per million (ppm) for mercury-added formulated products, effective July 1, 2007; and,
3.Ten (10) milligrams for mercury-added fabricated products or ten (10) parts per million (ppm) for mercury-added formulated products, effective July 1, 2009.
B.For a product that contains one (1) or more mercury-added products as a component, § 3.9 of this Part is applicable to each component part or parts and not to the entire product.
C.For a product that contains more than one (1) mercury-added product as a component, the phase-out limits specified in §§ 3.9(A)(1) through (3) of this Part apply to each component and not the sum of the mercury in all of the components.
D.Exemptions – Certain Lamps. Fluorescent lamps and high intensity discharge (HID) lamps, including metal halide, high pressure sodium, and mercury vapor types, shall be exempt from the requirements of § 3.9(A) of this Part. As of January 1, 2010, the mercury content of fluorescent bulbs shall either not exceed ten (10) milligrams or the manufacturer shall comply with the exemption requirements pursuant to § 3.9(F) of this Part.
E.Exemptions – Federal and State Health and Safety Requirements. A mercury-added product shall be exempt from the limits on total mercury content set forth in § 3.9(A) of this Part if the level of mercury or mercury compounds contained in the product are required in order to comply with federal or state health or safety requirements. In order to claim this exemption, the manufacturer shall notify the Department, in writing, and provide the legal justification for the claim of exemption. In addition, laboratory chemical standards shall be exempted from the requirements of § 3.9(A) of this Part.
F.Application for Exemptions. Manufacturers of a mercury-added product or category of products may apply to the Director for an exemption from the limits on total mercury content set forth in § 3.9(A) of this Part. If approved, the time period associated with each manufacturer's exemption shall not exceed five (5) years. All fees required for phase-out exemption requests shall be submitted to the Department at the time of the request pursuant to § 3.13 of this Part. The manufacturer, or an organization/company acting directly on behalf of the manufacturer, shall complete and sign a form as provided by the Department that provides the following information, including attachments:
1.The full legal name and address of the manufacturer. If a company or organization other than the manufacturer is applying for the exemption, the completed form shall include the company or organization’s full legal name and mailing address.
2.The name, address and telephone number of a contact person for the manufacturer. If a company or organization other than the manufacturer is applying for the exemption, the completed form shall include the name, address and telephone number of a contact person for the company or organization.
3.If the manufacturer corresponds via email or otherwise has a presence on the Internet, the contact person’s email address and/or manufacturers web address, as applicable. If a company or organization other than the manufacturer is applying for the exemption, the completed form shall include the contact person’s email address and/or organizations web address, as applicable.
4.A copy of the latest approval letter issued by the IMERC upon completion of the notification requirements set forth in § 3.5 of this Part.
5.An explanation of the specific reason(s) for the requested exemption.
6.An explanation of how the manufacturer, either on its own or in conjunction with other parties, plans to collect, transport and process the product at the end of its useful life.
7.Documentation of the readiness of all other parties to perform as intended in the planned collection system.
8.An explanation of why the product is not detrimental to the environment or is protective of public health and safety.
9.An explanation about why there is no technically feasible alternative to the use of mercury in the product.
10.An explanation about whether or not a comparable non-mercury-added product exists and is available at reasonable cost.
11.If applicable, provide documentation that the product or product category has been exempted from phase-out provisions for mercury-added products required in other states in the United States participating in the Interstate Mercury Education and Reduction Clearinghouse (IMERC).
12.A signed, dated and notarized statement certifying that the information on the form is true and accurate to the best of the individual’s knowledge and belief, subject to all penalties available under RI law for making false statements to the government.
13.All requests for exemptions shall be made in writing on the form as provided by and submitted to the Department.
14.Exemption requests submitted to the Department pursuant to § 3.9(A)(1) of this Part shall be submitted immediately following the effective date of these regulations.
15.The Department will only ensure a decision on an exemption request for §§ 3.9(A)(2) and (3) of this Part by the effective date of the phase-out for those requests submitted at least 120 days prior to the effective date of the phase-out.
16.The Director may request additional information from the manufacturer or company/organization acting on behalf of the manufacturer if necessary to determine whether the product shall be granted an exemption.
G.The Director may grant, with modifications or conditions, an application for an exemption under § 3.9(F) for a product or category of products if he or she finds:
1.a system exists for the proper collection, transportation and processing of the mercury-added product, including direct return of a waste product to the manufacturer, an industry or trade group supported collection and recycling system, or other similar private or public sector efforts; and
2.he or she finds the following criteria are met:
a.Use of the product is not detrimental to the environment, or is protective of public health or protective of public safety; and/or
b.There is no technically feasible alternative to the use of mercury in the product; and
c.There is no comparable non-mercury-added product available at reasonable cost.
H.Prior to issuing any exemption, the Director shall consult with other states and provinces and regional organizations to promote consistency. The Department shall attempt to avoid inconsistencies in the implementation of § 3.9 of this Part. Upon reapplication by the manufacturer and findings by the Director of continued eligibility under § 3.9(G) of this Part and of compliance by the manufacturer with the conditions of the Director’s original approval, an exemption may be renewed one (1) or more times and each renewal may be for a period of no longer than five (5) years.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.10** Disposal Ban {#sec-250-ricr-140-20-3-3.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.10}
A.Except as otherwise provided in these regulations, after July 1, 2006, no person shall dispose of mercury-added products in a manner other than by recycling or disposal as hazardous waste, Universal Waste, or household hazardous waste (if applicable). Mercury from mercury-added products may not be discharged to water, wastewater treatment, and wastewater disposal systems except when it is done in compliance with local, state, and federal applicable requirements.
B.If a formulated mercury-added product is a cosmetic or pharmaceutical product subject to the regulatory requirements relating to mercury of the federal Food and Drug Administration (FDA), then the product is exempt from the requirements of § 3.10 of this Part.
C.§ 3.10 of this Part shall not apply to:
1.The disposal of a mercury-added button cell battery by any person;
2.The disposal of components in motor vehicles except as provided for in § 3.12 of this Part.
3.The disposal of lamps and products containing lamps generated from a household.
D.In accordance with R.I. Gen. Laws § 23-24.9-9, the restrictions on amalgam waste recycling shall be implemented as provided for in R.I. Gen. Laws § 23-24.9-9.3 and § 3.15 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.11** Collection of Mercury Added Products {#sec-250-ricr-140-20-3-3.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.11}
A.Collection Requirement.
1.On and after January 1, 2006, no person shall offer any mercury-added product for sale or distribute any such product for promotional purposes unless the manufacturer either on its own or in concert with other persons, has implemented a system, after review and approval by the Department, for the convenient and accessible collection of such products when the consumer is finished with them. The collection plans shall be submitted to the Interstate Mercury Education and Reduction Clearinghouse (IMERC), who will forward a recommendation regarding approval/denial to the Department. The Department shall forward its decision of approval/denial to the applicant in writing.
2.If a mercury-added product is a component of another product, the collection system shall provide for removal and collection of the mercury-added component or collection of both the mercury-added component and the product containing it. Mercury-added components in motor vehicles shall be collected and recycled as provided for in § 3.12 of this Part.
B.The Collection System.
1.The collection system plan shall include:
a.An education program to inform consumers of mercury-added products about the purpose of the collection program and how to participate in it;
b.A plan which specifically addresses the following issues:
(1)Location of the mercury-added product and how to remove it;
(2)The manner in which the items will be collected and stored;
(3)The frequency and method of disposal/recycling for the items collected;
(4)The recordkeeping protocol that will be used to assure compliance with this plan;
c.A plan for implementing and financing the collection system;
d.Documentation of the willingness of all parties to the system to implement the proposed collection system;
e.A best estimated, targeted capture rate for the applicable mercury-added product(s) or component(s);
f.A description of the performance measures to be utilized and reported by the manufacturer to demonstrate that the collection system is meeting capture rate targets;
g.A description of additional or alternative actions that will be implemented to improve the collection system and its operation in the event that the program targets are not met; and
h.Other special conditions or information related to the affected mercury-added product.
C.Not later than July 1, 2007 and biennially thereafter, the manufacturer or entity that submitted the plan on behalf of the manufacturer shall submit a report to the Department and the Interstate Mercury Education and Reduction Clearinghouse (IMERC) on the effectiveness of the collection system. The report shall include an estimate of the amount of mercury that was collected, the capture rate for the mercury-added products or components, the results of the other performance measures included in the manufacturer's collection system plan, and such other information as the Department may request. The Department may make such reports available to the public.
D.The applicant shall identify, in writing, any known impediment that impacts the effectiveness of the collection system and what corrective measures may be appropriate. Unless otherwise provided by DEM, the corrective measures shall be implemented.
E.The following are exempt from the provisions of § 3.11 of this Part:
1.Mercury-added button cell batteries;
2.Mercury-added lamps; and,
3.Products where the only mercury contained in the product comes from a mercury-added button cell battery or a mercury-added lamp.
F.Mercury-added components in motor vehicles at end-of-life shall be collected and recycled as provided for in § 3.12 of this Part.
G.Alternative Statewide Collection System. Manufacturers of mercury-added products may satisfy their obligations by entering into a written agreement with the Rhode Island Resource Recovery Corporation and/or the Department to support and enhance the statewide program for collection and disposal of household hazardous wastes to accommodate the collection of mercury-added products when the household customer is finished with them. Such an agreement may support and enhance the existing program operated by Rhode Island Resource Recovery Corporation by improving advertisement, infrastructure, education and funding, and other activities as appropriate and agreed to, or may establish an alternative program. A two party agreement between a manufacturer and Rhode Island Resource Recovery Corporation must be submitted for review and approval to the Department pursuant to § 3.11(A)(1) of this Part and must demonstrate that it will satisfy the requirements of §§ 3.11(B), (C) and (D) of this Part. This provision is not applicable to motor vehicle manufacturers subject to the provisions of § 3.12 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.12** Motor Vehicles – Removal of Mercury-Added Convenience Light Switches {#sec-250-ricr-140-20-3-3.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.12}
A.Mercury switches in motor vehicles shall be collected and recycled by manufacturers of motor vehicles as provided for in this section at the end of the life of each vehicle.
B.Manufacturers of motor vehicles sold in Rhode Island that contain mercury switches shall, individually or collectively, establish and implement a collection program for mercury switches to achieve a capture rate of not less than fifty percent (50%) for calendar year 2006, and not less than seventy percent (70%) for calendar year 2007 and each calendar year thereafter through calendar year 2017 in accordance with R.I. Gen. Laws § 23-24.9-10.
1.For Calendar Year 2006. The Department has determined that 19,300 mercury switches are available for collection and recycling in Rhode Island. Manufacturers of motor vehicles sold in Rhode Island that contain mercury switches shall, individually or collectively, be required to achieve a capture rate of not less than fifty percent (50%) of this total. This results in the required collection of 9,650 mercury switches for calendar year 2006. All manufacturers required to submit collection plans to the Department pursuant to § 3.12 of this Part shall use this target in the formulation of their collection plan for calendar year 2006.
2.For Calendar Year 2007 Through Calendar Year 2017. The Department has determined that 19,300 mercury switches are available each year for collection and recycling in Rhode Island. Manufacturers of motor vehicles sold in Rhode Island that contain mercury switches shall, individually or collectively, be required to achieve a capture rate of not less that seventy percent (70%) of this total. This results in the required collection of 13,510 mercury switches for calendar year 2007 and each calendar year thereafter through calendar year 2017. All manufacturers required to submit collection plans to the Department pursuant to §3.12 of this Part shall use this target in the formulation of their collection plans for calendar year 2007 through calendar year 2017. The Department shall biennially, beginning in 2009, review reported capture rates to determine if an adjustment is necessary.
C.Collection Program Requirements. On or before August 30, 2007, manufacturers of motor vehicles subject to these collection program requirements shall submit to the Department a plan setting forth a proposed collection program. The proposed collection plan shall be subject to the review and approval of the Department, which may require adjustments or modifications to the plan. The plan must demonstrate that the collection program meets the following requirements:
1.Meets the capture rates specified in § 3.12(B)(2) of this Part.
2.Presents a system for managing mercury switches that complies with requirements set forth in the Department’s Rules and Regulations for Hazardous Waste Management, including the Universal Waste Rule (§ 13 of the Rules and Regulations for Hazardous Waste Management), if applicable.
3.Provides information, training and local technical assistance, including options for direct on-site assistance if requested, to facilitate removal and recycling of mercury switches in accordance with the Universal Waste Rule.
4.Provides information to the general public concerning services to remove mercury switches in motor vehicles.
5.Provides a clear system for payment of a minimum five-dollar ($5.00) fee to vehicle recyclers or scrap recycling facilities in accordance with R.I. Gen. Laws § 23-24.9-10. The proposed collection program plan shall be subject to the review and approval of the Department, which shall; approve; deny; approve with conditions; or require re-submittal of the plan.
a.In accordance with R.I. Gen. Laws § 23-24.9-10, manufacturers of motor vehicles sold in Rhode Island that contained mercury switches shall pay for the total cost of removal, replacement, collection and recovery system for mercury switches to the vehicle recycler or scrap recycling facility that removed the switch. The total cost shall include a minimum of five-dollars ($5.00), payable on delivery of the switch to the party providing the mercury switch, for each mercury switch removed by a vehicle recycler or by a scrap recycling facility, as partial compensation for the labor and other costs incurred in the removal of the mercury switch.
b.Payment of the five-dollar ($5.00) fee for each mercury switch shall be made to vehicle recyclers or scrap recycling facilities no later than sixty (60) days after the vehicle recycler or scrap recycling facility relinquishes the switch(s) to the manufacturer as part of the collection program in § 3.12(B) of this Part.
c.Payment of the five-dollar ($5.00) fee for each mercury switch is only required for switches removed from vehicles dismantled and recycled in Rhode Island. Vehicle recyclers and scrap recycling facilities are required to abide by the certification requirements as established in § 3.12(G) of this Part.
D.Within thirty (30) days of the Department’s approval of the plan, manufacturers of motor vehicles subject to the collection program requirement shall implement the collection plan, including payment of the five-dollar ($5.00) fee for each mercury switch, as approved by the Department.
E.By January 30th of each calendar year through calendar year 2017, manufacturers of motor vehicles subject to the collection program requirement shall provide annual implementation reports to the Department, which reports shall include the number of mercury switches collected and the amount of mercury collected and recycled through the collection program in the previous calendar year. The report shall further include, but not be limited to: a detailed description and documentation of the total amount paid to vehicle recyclers and scrap recycling facilities in accordance with R.I. Gen. Laws § 23-24.9-10 and this Part.
F.This information shall be submitted to the Department on a form as prescribed by the Department. By February 15th of each year through 2017, each vehicle recycler, as defined in § 3.4 of this Part, shall report to the Department on:
1.the total number of vehicles dismantled or destroyed during the previous calendar year; and
2.the total number of mercury switches returned to vehicle manufacturers for recycling during the previous calendar year.
G.Vehicle recyclers and scrap recycling facilities shall maintain log sheets showing the number of mercury switches provided in bulk to vehicle manufacturers for recycling in accordance with the manufacturer’s collection program. Vehicle recyclers and scrap recycling facilities shall be required to certify on said log sheets that the switches are only from motor vehicles dismantled in the State of Rhode Island. This information shall be maintained on log sheets as prescribed by the Department.
H.Significant, willful failure to comply with these regulations to implement the provisions of § 3.12 of this Part shall constitute, as may be determined by the Department, a violation of these rules.
I.No motor vehicle containing a mercury switch may be intentionally crushed or flattened without first removing the mercury switch(s).
J.No scrap recycling facility or other person that receives a flattened, crushed or baled end-of-life vehicle shall be deemed to be in violation of these regulations if a mercury switch is found in the vehicle after its acquisition.
K.Persons may petition the Department to establish a fee greater than five-dollars ($5.00) per mercury switch if they can demonstrate that a different fee is necessary for the removal and recycling of mercury switches from end-of-life motor vehicles.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.13** Fees for Submittal of Phase-out Exemptions, Alternative Labeling Compliance Plans, Product Specific Novelty Determinations {#sec-250-ricr-140-20-3-3.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.13}
A.Pursuant to the authority granted in R.I. Gen. Laws § 42-17.1-2(z) for the regulation of mercury-added products, the following fees shall be assessed for the approval of plans, specifications and exemption requests:
1.Phase-out Exemption Request(s) – A fee of $200.00 shall be assessed for each exemption request submitted to the Department in accordance with § 3.9(F) of this Part. The fee shall accompany the exemption request and the Department’s review of the request shall not begin until the fee has been received.
2.Alternative Labeling Compliance Plan Request(s) – A fee of $100.00 shall be assessed for each alternative compliance plan request submitted to the Department in accordance with § 3.8(E) of this Part. The fee shall accompany the alternative compliance plan request and the Department’s review of the request shall not begin until the fee has been received.
3.Product Specific Novelty Determination Request(s) – A fee of $100.00 shall be assessed for each product specific determination request submitted to the Department in accordance with § 3.6(C) of this Part. The fee shall accompany the product specific novelty determination request and the Department’s review of the request shall not begin until the fee has been received.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.14** Application to Products Regulated by Food and Drug Administration {#sec-250-ricr-140-20-3-3.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.14}
Nothing in these regulations shall apply to prescription drugs regulated by the Food and Drug Administration (FDA) under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et. seq., to biological products regulated by the Food and Drug Administration under the Public Health Service Act, 42 U.S.C. § 262 et. seq., or to any substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et. seq.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.15** Dental Amalgam Separators {#sec-250-ricr-140-20-3-3.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.15}
A.No later than July 1, 2008, a dental office or facility that, in the course of treating its patients, places or removes dental amalgam must install an amalgam separator, as defined in § 3.4 of this Part, in the wastewater discharge line.
B.A dental office or facility must demonstrate proper installation, operation, maintenance, and amalgam waste recycling or disposal in accordance with the manufacturer's recommendations by maintaining and submitting as necessary annual records on waste shipment and maintenance of the system and any other reporting required in this section. Records of the previous three (3) years shall be maintained at all times at the point of generation.
1.Rhode Island dental offices, facilities and vocational dental educational programs shall use, instruct, and comply with best management practices (BMPs) as maintained by the Department to minimize the presence of elemental mercury, used amalgam and waste amalgam in their wastewater discharge and in their solid waste. Such BMPs shall include a requirement for an amalgam removal efficiency of at least ninety-nine percent (99%).
C.Methods or technologies other than amalgam separators that achieve equivalent or greater dental amalgam discharge reductions and that are approved by the agency shall be deemed to comply with the requirements of this subsection.
D.The following categories of dental offices or facilities are exempt from the requirement to install an amalgam separator; provided, that they do not replace or remove amalgam:
1.Orthodontists;
2.Periodontists;
3.Endodontists;
4.Oral and maxillofacial surgeons; and,
5.A dental office that is scheduled to no longer be used as a dental office after January 1, 2008.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.16** Disclosure Provision {#sec-250-ricr-140-20-3-3.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.16}
Information provided to the Department, in accordance with these regulations, is assumed to be a public record unless exempt under R.I. Gen. Laws § 38-2-2 (R.I. Access to Public Records Act).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.17** Enforcement/Penalties {#sec-250-ricr-140-20-3-3.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.17}
A.The Director shall assess all penalties for violation of these regulations in accordance with the provisions of R.I. Gen. Laws § 23-24.9-16 (The Mercury Education and Reduction Act), R.I. Gen. Laws Chapter 42-17.1 (The Department of Environmental Management), R.I. Gen. Laws Chapter 42-17.6 (Administrative Penalties for Environmental Violations) and the "Rules and Regulations for Assessment of Administrative Penalties", Part 130-00-1 of this Title.
B.Effective July 1, 2005, a violation of any of the provisions of R.I. Gen. Laws Chapter 23-24.9 or any rule or regulation promulgated pursuant thereto, shall be punishable, in the case of a first violation, by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further violations, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for each violation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.18** Appeals {#sec-250-ricr-140-20-3-3.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.18}
A.Any person affected by a decision of the Director pursuant to these regulations may, in accordance with Administrative Rules of Practice and Procedure for the Department of Environmental Management, Part 20-00-1 of this Title, file a claim for an adjudicatory hearing to review the decision.
B.The party contesting a Department decision bears the burden of proof that their application(s) or action(s) comply with all requirements of the Rules and Regulations herein. All requests for a hearing regarding a decision of the Director must be in writing and filed with the clerk of the Department's Administrative Adjudication Division (AAD) within thirty (30) days of receipt of the Director's decision. All requests for a hearing regarding an enforcement action issued by the Department must be in writing and filed with the clerk of the Department's Administrative Adjudication Division (AAD) within twenty (20) days of receipt of the enforcement action.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.19** Severability {#sec-250-ricr-140-20-3-3.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.19}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
##### **250-RICR-140-20-3 § 3.20** Appendix A - Certification Statement for the Sale or Distribution of Elemental Mercury {#sec-250-ricr-140-20-3-3.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-3#3.20}
RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
235 Promenade Street
Providence, RI 02908
Applicant's full legal name and address, and contact information (printed)
Name/Organization:
Telephone #:
Mailing Address:
City/Town:
State:
Zip code:
Contact Person:
Telephone #:
Mailing Address:
City/Town:
State:
Zip code:
Contact Person:
Telephone #:
Email Address:
Product manufacturer's name, address and contact information (if different from above):
Name:
Telephone #:
Mailing Address:
City/Town:
State:
Zip code:
Contact Person:
Telephone #:
Mailing Address:
City/Town:
State:
Zip code:
Email Address:
Amount of Mercury transferred (pounds):
Date transferred:
Use of Elemental Mercury (check all that apply):
Medical
Dental Amalgam
Research
Other:
Certification: As the recipient of Elemental Mercury, I certify that:
The elemental mercury is to be used only for medical, dental amalgam dispose-caps, or research purposes;
I understand that mercury is toxic and must be stored and used appropriately so that no person is exposed to the mercury; and,
I will not place or allow anyone else under my or my organization’s control to place the mercury or cause the mercury to be placed in solid waste for disposal or in a wastewater disposal system.
Signature (of an Authorized Senior Management Official for Recipient) and Date.
Print or type name and Title of the Authorized Senior Management Official.
A copy of § 3.20 of this Part, Appendix A, must be sent to above noted address to the ATTN: OTCA / Mercury Transfer Certification. Recipient should receive a Material Data Safety Sheet (MSDS) with delivery.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2007-08-01 to 01/04/2022*
- *Amendment — effective from 2007-08-01 to 08/01/2007*
- *Amendment — effective from 2005-12-28 to 08/01/2007*
- *Adoption — effective from 2004-05-11 to 12/28/2005*
#### **250-RICR-140-20-4** Regulations Governing the Administration and Enforcement of the Electronic Waste Prevention, Reuse and Recycling Act
##### **250-RICR-140-20-4 § 4.1** Purpose {#sec-250-ricr-140-20-4-4.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.1}
In accordance with the Electronic Waste Prevention, Reuse and Recycling Act, R.I. Gen. Laws Chapter 23-24.10, the purpose of these regulations is to establish a manufacturer financed system for the collection, recycling, and reuse of covered electronic products in Rhode Island; develop a comprehensive strategy for prevention and reduction of electronic waste; promote the development of state infrastructure for the reuse and recycling of used electronics; promote the handling, recycling and disposal of covered electronic products in a sound and responsible manner; and encourage the design of covered electronic products that are less toxic, more durable and more recyclable.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.2** Authority {#sec-250-ricr-140-20-4-4.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.2}
These rules and regulations are promulgated pursuant to the Electronic Waste Prevention, Reuse and Recycling Act R.I. Gen. Laws Chapter 23-24.10, the Refuse Disposal Act, R.I. Gen. Laws Chapter 23-18.9, the Hazardous Waste Management Act R.I., Gen. Laws Chapter 23-19.1, the Department of Environmental Management, R.I. Gen. Laws Chapter 42-17.1, and in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.3** Application {#sec-250-ricr-140-20-4-4.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.4** Definitions {#sec-250-ricr-140-20-4-4.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.4}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1."Basic service" means collection services provided for free by the State Program or a manufacturer within the scope of its approved independent or group collection plan that includes:
a.permanent drop off locations easily accessible by the public;
b.mail-back opportunities;
c.in-store retail collection opportunities; or
d.scheduled collection events.
2."Cathode ray tube" or “CRT” means an electron tube or evacuated glass container, having a cathode or negative electrode at one end, and a device typically called an electron gun that projects a beam of electrons against a luminescent screen at the opposite end of the tube. Cathode ray tubes, or CRTs, are used as picture tubes in television receivers, visual display screens in radar receiving equipment, computer installations, and oscilloscopes.
3."Collector" means a public or private entity that receives covered electronic products or electronic devices banned from disposal and arranges for the delivery of the products or devices to a recycler.
4."Computer" or "personal computer" or "PC" means a desktop or notebook computer as further defined below, but does not mean an automated typewriter, electronic printer, mobile telephone, portable hand-held calculator, portable digital assistant (PDA), MP3 player, or other similar device. Computer does not include computer peripherals, commonly known as cables, mouse, or keyboard; computer servers marketed to professional users; or retail store terminals or cash registers, used at customer checkout in the retail industry. For purposes of participation in an independent or group-run manufacturer collection program, computer is further defined to include desktop computers, notebook computers (which includes tablets), monitors (as is used with a computer) and any other covered electronic product with the exception of televisions.
5."Corporation" means the Rhode Island Resource Recovery Corporation created and established pursuant to R.I. Gen. Laws § 23-19.
6."Covered electronic products" means:
a.Computers (including central processing unit or CPU) as defined herein;
b.Computer monitors, including CRT monitors and flat panel monitors;
c.Combination units (CPUs with monitors);
d.Televisions including CRT-based and non-CRT-based televisions, plasma, LED and LCD, or any similar video display device with a screen greater than nine (9) inches diagonally and that contains a circuit board; and
e.“Covered electronic products" does not mean a computer, television or video display device that is:
(1)a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle; or
(2)functionally or physically a part of, connected to or integrated within a larger piece of equipment designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, (including diagnostic, monitoring, or other medical products as that term is defined under the Federal Food, Drug, and Cosmetic Act) or equipment used for security, sensing, monitoring, or anti-terrorism purposes; or
(3)contained within a home appliance, clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or
(4)a handheld device used to access commercial mobile radio service, as such service is defined in 47 C.F.R. § 20.3, or
(5)a printer.
7."Department" means the R.I. Department of Environmental Management.
8."Desktop computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, and which is not designed to exclusively perform a specific type of logical, arithmetic or storage function or other limited or specialized application. Human interface with a desktop computer is achieved through a standalone keyboard, standalone monitor or other display unit, and a standalone mouse or other pointing device, and is designed for a single user. A desktop computer has a main unit that is intended to be persistently located in a single location, often on a desk or on the floor. A desktop computer is not designed for portability and generally utilizes an external monitor, keyboard, and mouse with an external or internal power supply for a power source. Desktop computer does not include an automated typewriter or typesetter.
9."Director" means the Director of the R.I. Department of Environmental Management, or his or her designee.
10."Environmentally sound management" means practices for the collection, storage, transportation, reuse, recycling and disposal of discarded covered electronic products or electronic devices banned from disposal to be implemented by the State Program or an approved manufacturers’ collection program, or such organization's contracted partners, to ensure compliance with all applicable federal, state and local laws, regulations and ordinances and the protection of human health and the environment. Environmentally sound management practices shall include, but are not limited to, record keeping, on-site environmental/health and safety practices, tracking throughout, data destruction, storage, transportation and financial responsibility.
11."Household" means a person, or group of people, living in a single detached dwelling, a residential condominium or a single unit of a multiple unit dwelling.
12."Manufacturer program" means a statewide program for collecting, transporting, and recycling covered electronic products that is provided by the manufacturer pursuant to an approved collection plan.
13."Manufacturer" means a person or entity who:
a.Manufactures or manufactured a covered electronic product under a brand it owns; or is or was licensed to use;
b.Sells or sold under a brand or label it owns or is or was licensed to use a covered electronic product produced by other suppliers; or
c.Assumes the financial responsibility of manufacturer collection, transportation or recycling as further defined herein; or
d.Imports or imported a covered electronic product into the United States that is manufactured by a person without a presence in the United States; or
e.Sells at retail a covered electronic product acquired from an importer that is the manufacturer and elects to register in lieu of the importer.
14."Market share" means a television manufacturers' national sales of televisions expressed as a percentage of the total of all television manufacturers' national sales based on the best available public data.
15."Monitor" means a video display device without a tuner that can display pictures and sound and is used with a computer.
16."Notebook computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs which are met through interaction with a number of software programs contained therein, and which is not designed to exclusively perform a specific type of logical, arithmetic or storage function or other limited or specialized application. Human interface with a notebook computer is achieved through a keyboard, video display greater than nine inches (9) in size, and mouse or other pointing device, all of which are contained within the construction of the unit which comprises the notebook computer; supplemental standalone interface devices typically can also be attached to the notebook computer. Notebook computers can use external, internal, or batteries for a power source. Notebook computer does not include a portable handheld calculator, or smart phone or similar specialized device. A notebook computer has an incorporated video display greater than nine inches (9) in size and can be carried as one unit by an individual. A notebook computer is sometimes referred to as a laptop computer. It shall also include tablets, e-readers, and similar computers with touch user screen interfaces greater than nine inches (9) in size.
17."Orphan waste" means a covered electronic product, except a television, for which no manufacturer can be identified or the manufacturer is no longer in business and no successor business can be identified.
18."Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the federal government or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, or any interstate body.
19."Premium service" means services including, but not limited to, scheduled at-home pickup services or curbside pickup services provided by a manufacturer outside the scope of its approved independent or group collection plan. It shall also include advanced data destruction services provided at the request of the household or school. Premium services are provided on a fee-for-service basis and provide more convenient collection opportunities or data security services beyond what it required by the State Program or an approved manufacturer independent or group collection plan.
20."Printer" means desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service that are designed to reside on a work surface, and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and multi-function or all-in-one devices that perform different tasks, including without limitation copying, scanning, faxing, and printing. Printers do not include floor-standing printers, printers with optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or non-standalone printers that are embedded into products that are not covered electronic products.
21."Program year" means January 1st through December 31st, also referred to as calendar year.
22."R2 practices" means the environmentally sound management practices as set forth in the R2 2013 Responsible Recycling (R2) Standard for Electronics Recyclers (commonly referred to as the R2:2013 Standard).
23."Recycler" means a public or private individual or entity who accepts covered electronic products directly from the public or from collectors for the purpose of recycling. A manufacturer who takes products solely for refurbishment or repair is not a recycler. A recycler may also be a collector if it meets the definition of a collector.
24."Retailer" means a person or entity who sells a covered electronic product in the state to a consumer. Retailer includes, but is not limited to, a manufacturer of a covered electronic product who sells directly to a consumer through any means, including, but not limited to, transactions conducted through sales outlets, catalogs or the Internet, or any similar electronic means, but not including leasing, commercial financing or wholesale transactions with a distributor or other retailer.
25."Return share" means the minimum percentage of covered electronic products, except televisions, that an individual manufacturer is responsible for collecting, transporting and recycling.
26."Return share by weight" means the minimum total weight of covered electronic products, except televisions, that an individual manufacturer is responsible for collecting, transporting and recycling.
27."School" means any residential or non-residential school, public, private or charter, of any city or town or community educational system regulated, directly or secondarily, by the Board of Regents for Elementary and Secondary Education or the Department of Elementary and Secondary Education or any other state education board or local city or town school board or school committee or other legal educational subdivision acting under it. It does not include institutions of higher education or child-care facilities as regulated by the Department of Children, Youth and Families.
28."State program" means a statewide program for collecting, transporting and recycling covered electronic products that is provided by the R.I. Resource Recovery Corporation on behalf of manufacturers who pay a recycling fee to the Corporation.
29."Television" means any telecommunication system device that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.
30."Universal waste" means any of the hazardous wastes that are subject to the universal waste requirements of 40 C.F.R. § 273 and that are subject to § 4.13 of this Part. Department’s Hazardous Waste Regulations adopted pursuant to R.I. Gen. Laws Chapter 23-19.1.
31."Video display device" means and includes units capable of presenting images electronically on a screen, with a viewable area greater than nine inches (9) when measured diagonally, viewed by the user and may include cathode ray tubes, flat panel computer monitors, plasma displays, liquid crystal displays, rear and front enclosed projection devices, and other similar displays that exist or may be developed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.5** Disposal Ban {#sec-250-ricr-140-20-4-4.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.5}
A.No person shall dispose of any of the covered electronic products in a manner other than by recycling or disposal as hazardous waste or universal waste.
B.This ban on disposal shall apply to whole units of covered electronic products, as well as to the constituent subunits and materials from which the units are made.
C.No sanitary landfill or transfer station regulated pursuant to R.I. Gen. Laws Chapter 23-18.9 shall accept any covered electronic products for the purposes of disposal. All sanitary landfills and transfer stations regulated pursuant to R.I. Gen. Laws Chapter 23-18.9 shall establish procedures to promote segregation of covered electronic products from the waste stream, shall document those procedures in the facility operating plan, and shall implement those procedures as part of the operation of the facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.6** Sales & Labor Prohibitions {#sec-250-ricr-140-20-4-4.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.6}
A.A manufacturer not in compliance with all financial and other requirements of R.I. Gen. Laws Chapter 23-24.10 is prohibited from offering a covered electronic product for sale in this state.
B.No retailer and/or manufacturer shall offer for sale in this state a new covered electronic product from a manufacturer that is not in full compliance with the requirements of R.I. Gen. Laws Chapter 23-24.10.
C.Facilities that recycle covered electronic products, including all downstream recycling operations, shall not use prison labor to recycle covered electronic products.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.7** Labeling & Registration Requirements {#sec-250-ricr-140-20-4-4.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.7}
A.Labeling. A manufacturer or retailer may not sell or offer for sale a covered electronic product in the state unless it is labeled with the manufacturer's brand, and the label is permanently affixed and readily visible.
B.Registration. In accordance with R.I. Gen. Laws § 23-24.10-8, a manufacturer of covered electronic products sold or offered for sale in this state shall register with the Department by December 15th of each year for a period to cover the upcoming calendar year, on a form provided by the Department. The registration shall include:
1.A list of all brands, by type of covered electronic product, manufactured, sold or imported by the manufacturer, being offered for sale in this state;
2.A statement of whether the manufacturer will be implementing a manufacturer program or utilizing the State Program for recycling covered electronic products;
3.A copy of the manufacturer’s proposed collection and recycling plan if said manufacturer is choosing to implement its own collection program, either individually or in conjunction with other manufacturers as permitted in accordance with R.I. Gen. Laws § 23-24.10-9.
4.All appropriate contact information for the manufacturer, including an administrative contact and a billing contact.
5.An annual registration fee of five thousand dollars ($5,000) payable to the Department. All registration fees shall be deposited into the Department’s Environmental Response Fund.
C.Registration at Time of First Sale of Brand in the State. If a manufacturer has not previously filed a registration, the manufacturer shall file a registration in accordance with § 4.7(B) of this Part with the Department prior to any offer for sale for delivery in this state of the manufacturer's new covered electronic products and shall pay to the Department a registration fee of five thousand dollars ($5,000).
D.Registration at Time of Notification by Department or Corporation of Assessed Return Share or Market Share. Any manufacturer to whom the Department or Corporation provides notification of a return share, return share in weight or market share pursuant to § 4.8(D) of this Part or § 4.9(D) of this Part and who has not previously filed a registration shall, within thirty (30) days of receiving such notification, file a registration with the Department and shall pay to the Department a registration fee of five thousand dollars ($5,000).
E.All annual registration fees of five thousand dollars ($5,000) are due to the Department by December 15th prior to the start of each program year.
F.The registration and each annual renewal shall be effective upon receipt by the Department.
G.All registration fees collected by the Department shall be deposited in the Environmental Response Fund established pursuant to R.I. Gen. Laws § 23-19.1-23.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.8** Manufacturer Collection Programs for Televisions {#sec-250-ricr-140-20-4-4.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.8}
A.Designation of Participation: At the time of registration, the manufacturer of televisions must designate whether it will participate in the State Program or implement a manufacturer program, either individually or in cooperation with other manufacturers. Manufacturers who do not indicate a choice between the State Program or a manufacturer program must participate in the State Program for the following year.
B.Manufacturer Program Plan: Each year, a television manufacturer choosing to implement a manufacturer program shall submit an implementation plan in writing to the Department no later than December 15th of the year preceding the calendar year covered under the proposed plan. A group of television manufacturers may choose to implement a manufacturer program as one entity, if in doing so the manufacturers meet the sum of their individual market shares. The manufacturer's plan must include:
1.The names of the participating television manufacturers and the appropriate contact information for all individuals designated with responsibility for developing the plan and implementing the program.
2.An explanation of how the television manufacturer(s) will provide convenient collection service statewide for all brands of covered electronic products from households and public and private elementary and secondary schools in this state, including:
a.The staffing and operating hours the collection sites will be open to the public and an explanation on how that provides a frequency adequate to meet the needs of the area being served.
b.Any collection service(s) operated jointly with another program(s), potentially including, but not be limited to, mail back programs and collection events.
c.All collectors and recyclers to be utilized in the course of the implementation of the plan, and procedures to ensure that all collectors and recyclers are properly registered with the Department is accordance with § 4.10 of this Part.
3.An explanation of how the television manufacturer(s) will finance a statewide program to collect covered electronic products from households and public and private elementary and secondary schools in this state;
a.The television manufacturer (s) must provide for basic service collection, transportation and recycling of covered electronic products from households and public and private elementary and secondary schools free-of-charge; and
b.The television manufacturer(s) may provide additional premium service and may charge for the additional cost of that premium service.
4.An explanation of how the television manufacturer(s) will provide for advertising and promotion of collection opportunities statewide and on a regular basis from households and public and private elementary and secondary schools in this state;
5.An explanation of how the television manufacturer(s) will provide for environmentally sound management practices of covered electronic products collected, transported and recycled from households and public and private elementary and secondary schools in this state in accordance with § 4.13 of this Part.
6.Proposed methodology and procedures to conduct statistically significant sampling or an actual count of the covered electronic products collected and recycled by the television manufacturer each calendar year;
7.Each television manufacturer included in the plan must include a statement disclosing whether:
a.Any video display devices sold in Rhode Island exceed the maximum concentration values established for lead, mercury, cadmium, hexavalent chromium, polybrominated diphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) under the RoHS (restricting the use of certain hazardous substances in electrical and electronic equipment) directive 2002/95/EC of the European parliament and council and any amendments there to enacted as of the date; or
b.The manufacturer has received an exemption from one or more of those maximum concentration values under the RoHS directive that has been approved and published by the European commission.
8.Television manufacturers who indicate their intent to participate in a manufacturer's program but do not submit a plan by December 15th must participate in the State Program for the following year.
C.Review, Decisions and Implementation of the Plan:
1.The Department may approve the plan, approve the plan with conditions and/or amendments, identify deficiencies and provide the manufacturer(s) with a specific time period to correct such issues, or deny the plan.
2.Any television manufacturer proposing a manufacturer program shall implement the plan submitted pursuant to § 4.8(B) of this Part beginning January 1st unless the television manufacturer has received, in writing, a determination from the Department that the plan is not acceptable.
3.If the Department approves the plan with conditions and/or amendments, the television manufacturer(s) shall implement the plan as directed or appeal the conditions and/or amendments.
4.If the Department identifies deficiencies and provides the manufacturer(s) with a specific time period to correct such issues, the television manufacturer(s) shall address those deficiencies and submit an amended plan in accordance with the specific schedule.
5.If the Department determines that the plan is unacceptable and denies the plan in writing, the television manufacturer(s) covered under that plan shall participate in the State Program under R.I. Gen. Laws § 23-24.10-11.
D.Market Shares:
1.The Corporation shall propose a market share for each television manufacturer in accordance with R.I. Gen. Laws § 23-24.10-3(7). The Corporation shall submit the proposed market shares for each television manufacturer to the Department, along with the basis for such determination, in writing for review and approval on an annual basis no later than October 15th of each year.
2.After review and approval of the proposal submitted by the Corporation, the Department shall designate the market share for each television manufacturer for the following year pursuant to R.I. Gen. Laws § 23-24.10-11. By January 1st of each year, the Department shall notify each television manufacturer that had a market share greater than zero of that market share for the following year.
3.A television manufacturer shall remain responsible for brands annually registered pursuant to § 4.7 of this Part and corresponding market shares assigned pursuant to this section for the full calendar year.
E.System Performance:
1.Television manufacturer(s) shall design and implement the collection program with the goal of collecting its assigned market share by weight for the calendar year.
2.If a group of television manufacturers choose to implement a manufacturer group program as one entity, the manufacturers must design that group program to meet the sum of their individual market shares.
3.Any television manufacturer that does not meet its assigned market share by weight for the previous calendar year, either through an individual or group collection program, may purchase credit for excess material collected either in other television manufacturer programs or the State Program. Any rate or price for such transaction shall be negotiated between the parties. All purchases and transactions for credit shall only be for excess covered material collected in and originating from Rhode Island and shall be properly reported in the annual report due to the Department (and by the Corporation if the purchase included material from the State Program).
4.Any television manufacturer that does not meet its assigned market share by weight for the previous calendar year, either through an individual or group collection program, shall pay the R.I. Resource Recovery Corporation an amount equivalent to the amount the television manufacturer would have paid if a participant in the State Program plus ten percent (10%). This amount shall be the per pound fee for the prior year, as approved by the Department, multiplied by the television manufacturer’s market share as established for the prior program year. Payment must be submitted to the R.I. Resource Recovery Corporation by February 1st.
F.Reporting: Each television manufacturer must provide a report to the Department no later than February 1st of each year that details how the plan required under this section was implemented during the previous calendar year. Television manufacturers implementing a group collection program may provide one annual report to the Department addressing items §§ 4.8(F)(1) through (11) of this Part for the entire group program.
The annual report must include:
1.A description of the statewide collection service statewide for households and public and private elementary and secondary schools.
2.The number of days and operating hours that the collection sites were open to the public.
3.A listing of all collectors and recyclers utilized in the course of the implementation of the plan.
4.The degree to which the public utilized any premium services.
5.A listing of the advertising and promotion activities conducted over the calendar year.
6.A report on compliance with environmentally sound management practices as required by § 4.13 of this Part;
7.The methodology, procedures, and results of the statistically significant sampling or actual count of the covered electronic products collected and recycled by the manufacturer during the calendar year. The actual amount of material collected must be clearly presented in the report.
8.The portion of the amount of total material collected that was collected from public and private elementary and secondary schools.
9.A comparison of the amount of material collected with the market share assigned to the manufacturer(s) covered by the plan.
10.The amount, if any, of purchased credit for excess material collected either in other television manufacturer programs or the State Program.
11.The amount, if any, of the payment submitted to the R.I. Resource Recovery Corporation as a result of the television manufacturer(s) not meeting the assigned market share(s) by weight for the previous calendar year.
G.In the event a manufacturer can be classified as both a television manufacturer and a computer manufacturer, said manufacturer shall be allowed to provide a single collection program for both types of covered products with approval of the Department.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.9** Manufacturer Collection Programs for Computer Manufacturers {#sec-250-ricr-140-20-4-4.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.9}
A.Designation of Participation:
1.At the time of registration, the manufacturer of computers must designate whether it will participate in the State Program or implement a manufacturer program, either individually or in cooperation with other manufacturers. Manufacturers who do not indicate a choice between the State Program or a manufacturer program must participate in the State Program for the following year.
2.A computer manufacturer with less than a five-percent (5%) return share is not allowed to implement a manufacturer program and is required to participate in the State Program.
B.Manufacturer Program Plan: Each year, a computer manufacturer choosing to implement a manufacturer program shall submit an implementation plan in writing to the Department no later than December 15th of the year preceding the calendar year covered under the proposed plan. A group of computer manufacturers may choose to implement a manufacturer program as one entity. The manufacturer's plan must include:
1.The names of the participating computer manufacturers and the appropriate contact information for all individuals designated with responsibility for developing the plan and implementing the program.
2.An explanation of how the computer manufacturer(s) will provide convenient collection service statewide for all brands of covered electronic products from households and public and private elementary and secondary schools in this state, including:
a.The staffing and operating hours the collection sites will be open to the public and an explanation on how that provides a frequency adequate to meet the needs of the area being served.
b.Any collection service(s) operated jointly with another program(s), potentially including, but not be limited to, mail back programs and collection events.
c.All collectors and recyclers to be utilized in the course of the implementation of the plan, and procedures to ensure that all collectors and recyclers are properly registered with the Department is accordance with § 4.12 of this Part of these regulations.
3.An explanation of how the computer manufacturer(s) will finance a statewide program to collect covered electronic products from households and public and private elementary and secondary schools in this state;
a.The computer manufacturer(s) must provide for basic service collection, transportation and recycling of from households and public and private elementary and secondary schools free-of-charge; and
b.The computer manufacturer(s) may provide additional premium service and may charge for the additional cost of that premium service.
4.An explanation of how the computer manufacturer(s) will provide for advertising and promotion of collection opportunities statewide and on a regular basis from households and public and private elementary and secondary schools in this state;
5.An explanation of how the computer manufacturer(s) will provide for environmentally sound management practices of covered electronic products collected, transported and recycled from households and public and private elementary and secondary schools in this state in accordance with § 4.13 of this Part;
6.Proposed methodology and procedures to conduct statistically significant sampling or an actual count of the covered electronic products collected and recycled by the computer manufacturer each calendar year. For all computer manufacturers, the report must include:
a.A list of all brands identified during the sampling or count by the manufacturer;
b.The weight of covered electronic products identified for each brand during the sampling or count; and
c.The total weight of covered electronic products, including orphan waste if applicable, collected from households and public and private elementary and secondary schools in the state by the manufacturer during the previous calendar year.
7.Each computer manufacturer included in the plan must include a statement disclosing whether:
a.Any video display devices sold in Rhode Island exceed the maximum concentration values established for lead, mercury, cadmium, hexavalent chromium, polybrominated diphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) under the RoHS (restricting the use of certain hazardous substances in electrical and electronic equipment) directive 2002/95/EC of the European parliament and council and any amendments there to enacted as of the date; or
b.The manufacturer has received an exemption from one or more of those maximum concentration values under the RoHS directive that has been approved and published by the European commission.
8.Computer manufacturers who indicate their intent to participate in a manufacturers program but do not submit a plan by December 15th must participate in the State Program for the following year.
C.Review, Decisions and Implementation of the Plan:
1.The Department may approve the plan, approve the plan with conditions and/or amendments, identify deficiencies and provide the manufacturer(s) with a specific time period to correct such issues, or deny the plan.
2.Any computer manufacturer proposing a manufacturer program shall implement the plan submitted pursuant to § 4.9(B) of this Part beginning January 1st unless the manufacturer has received, in writing, a determination from the Department that the plan is not acceptable.
3.If the Department approves the plan with conditions and/or amendments, the computer manufacturer(s) shall implement the plan as directed or appeal the conditions and/or amendments.
4.If the Department identifies deficiencies and provides the manufacturer(s) with a specific time period to correct such issues, the computer manufacturer(s) shall address those deficiencies and submit an amended plan in accordance with the specific schedule.
5.If the Department determines that the plan is unacceptable and denies the plan in writing, the computer manufacturer(s) covered under that plan shall participate in the State Program under R.I. Gen. Laws § 23-24.10-11.
D.Market Shares:
1.The Corporation shall propose a return share and corresponding return share by weight for each computer manufacturer in accordance with R.I. Gen. Laws §§ 23-24.10-3(13) and 23-24.10-3(14). This return share and return share by weight shall include the manufacturer’s responsibility for brands of orphan waste as allocated across all computer manufacturers. The Corporation shall submit the proposed return share and return share by weight for each computer manufacturer to the Department, along with the basis for such determination, in writing for review and approval on an annual basis no later than October 15th of each year.
2.After review and approval of the proposal submitted by the Corporation, the Department shall designate the return share and return share by weight for each computer manufacturer for the following year pursuant to R.I. Gen. Laws § 23-24.10-11. By January 1st of each year, the Department shall notify each computer manufacturer that had a market share greater than zero of that market share for the following year.
3.A computer manufacturer shall remain responsible for brands annually registered pursuant to § 4.7 of this Part and corresponding return shares assigned pursuant to this section for the full calendar year.
E.System Performance:
1.Computer manufacturer(s) shall design and implement the collection program with the goal of collecting its assigned return share by weight for the calendar year. Only computer manufacturers that meet the qualifications outlined in § 4.9(A) of this Part are permitted to implement a group manufacturer program for computers.
2.If a group of computer manufacturers chooses to implement a manufacturer group program as one entity, the manufacturers must design that group program to meet the sum of their individual return shares.
3.Any computer manufacturer that does not meet its assigned return share and return share be weight for the previous calendar year, either through an individual or group collection program, may purchase credit for excess material collected either in other computer manufacturer programs or the State Program. Any rate or price for such transaction shall be negotiated between the parties. All purchases and transactions for credit shall only be for excess covered material collected in and originating from Rhode Island and shall be properly reported in the annual report due to the Department (and by the Corporation if the purchase included material from the State Program).
4.Any computer manufacturer that does not meet its assigned return share by weight for the previous calendar year, either through an individual or group collection program, shall pay the R.I. Resource Recovery Corporation an amount equivalent to the amount the manufacturer would have paid if a participant in the State Program plus ten percent (10%). This amount shall be the per pound fee for the prior year, as approved by the Department, multiplied by the manufacturer’s return share as established for the prior program year. Payment must be submitted to the R.I. Resource Recovery Corporation by February 1st.
F.Reporting: Each computer manufacturer must provide a report to the Department no later than February 1st of each year that details how the plan required under this section was implemented during the previous calendar year. Computer manufacturers authorized to implement a group collection program may provide one annual report to the Department addressing items § 4.9(F)(1) through 4.9(F)(11) of this Part for the entire group program. The annual report must include:
1.A description of the statewide collection service statewide for households and public and private elementary and secondary schools.
2.The number of days and operating hours that the collection sites were open to the public.
3.A listing of all collectors and recyclers utilized in the course of the implementation of the plan.
4.The degree to which the public utilized any premium services.
5.A listing of the advertising and promotion activities conducted over the calendar year.
6.A report on compliance with environmentally sound management practices as required by § 4.13 of this Part;
7.The methodology, procedures, and results of the statistically significant sampling or actual count of the covered electronic products collected and recycled by the manufacturer during the calendar year. It shall also include:
a.A list of all brands identified during the sampling or count by the manufacturer;
b.The weight of covered electronic products identified for each brand during the sampling or count; and
c.The total weight of covered electronic products, including orphan waste if applicable, collected from households and public and private elementary and secondary schools in the state by the manufacturer during the previous calendar year.
8.The portion of the amount of total material collected that was collected from public and private elementary and secondary schools.
9.A comparison of the amount of material collected with the return share assigned to the manufacturer(s) covered by the plan.
10.The amount, if any, of purchased credit for excess material collected either in other computer manufacturer programs or the State Program.
11.The amount, if any, of the payment submitted to the R.I. Resource Recovery Corporation as a result of the manufacturer(s) not meeting the assigned return share(s) by weight for the previous calendar year.
G.In the event a manufacturer can be classified as a manufacturer of both televisions and computer covered electronic products, said manufacturer shall be allowed to provide a single collection program for both types of covered products with the approval of the Department.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.10** Administration of the State Program {#sec-250-ricr-140-20-4-4.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.10}
A.The Corporation and Department shall establish and administer a State Program for the collection, transportation and recycling of covered electronic products from households and public and private elementary and secondary schools in this state. Manufacturers opting to participate in the State Program as indicated on their annual registration submitted to the Department in accordance with § 4.7(B) of this Part shall be considered participants in the State Program.
B.By October 15th of each year, the Corporation shall submit a State Program Plan to the Department for review and approval that:
1.Complies with environmentally sound management practices as defined in § 4.13 of this Part to collect, transport and recycle covered electronic products;
2.Provides, either directly or through the use of an approved contractor, convenient basic services and collection sites for all covered electronic products;
3.Promotes collection opportunities statewide and on a regular basis;
4.Proposes a return share and return share by weight for each calendar year for each computer manufacturer;
a.The return share proposed to the Department shall be determined by dividing the total weight of covered electronic products of that manufacturer's brands by the total weight of covered electronic products for all manufacturers' brands.
b.The return share by weight proposed to the Department shall be determined by multiplying the return share for each such manufacturer by the total weight in pounds of covered electronic products, including orphan waste.
c.The return share of covered electronic products for each manufacturer shall be based on the most recent annual sampling or count of covered electronic products.
5.Proposes a market share for each television manufacturer;
6.Proposes a recycling fee to be paid by each manufacturer that participates in the State Program. The Corporation shall establish the deadline by which all applicable recycling fees shall be paid to the Corporation. The recycling fee will be determined as follows:
a.For each computer manufacturer, the Corporation shall determine the recycling fee based on the manufacturer's annual return share and return share by weight. The fee shall be calculated on a per pound basis and shall not exceed fifty cents ($.50) per pound.
b.For each television manufacturer, the Corporation shall determine the recycling fee based on a television manufacturer's market share. The fee shall be calculated on a per pound basis and shall not exceed fifty cents ($.50) per pound.
7.Proposes a cost per pound for collection, transportation, and recycling of covered electronic products in order to reasonably approximate market costs for these services.
8.Explains how any deficits generated by the State Program shall be applied to the recycling fee calculation for and in the second program year following the audited program year and show any year to year adjustment.
9.Proposes a methodology, to be approved by the Department, to estimate the return share be weight for computer related products using either: i) a statistically significant sampling of the covered electronic products collected and recycled by the State Program during each calendar year; or ii) an actual count of the covered electronic products collected and recycled by the State Program during each calendar year.
10.Maintains on its website information on collection opportunities for covered electronic products.
C.The Corporation shall implement the State Program Plan as approved. The Department shall issue its determination, in writing, whether to approve the State Program Plan as submitted or approve the plan with conditions.
D.By November 1st of each year, the Department shall provide notification to all registered manufacturers of the revised cost per pound identified in § 4.10(B) of this Part for the following calendar year.
E.By November 1st of each year, the Department and/or Corporation shall notify: i) each computer manufacturer that had a return share of its return share and its return share by weight for the following year; and ii) each television manufacturer that had a market share of its market share for the following year. A manufacturer shall remain responsible for brands annually registered pursuant to § 4.7 of this Part and corresponding market shares and/or return shares assigned pursuant to this Part for the full calendar year.
F.The Corporation shall prepare a report to the Department no later than March 1st of the following calendar year that includes a detailed description of how the program was implemented during the previous calendar year, including:
1.A list of all brands identified during the sampling or count;
2.The weight of covered electronic products identified for each brand during the sampling or count;
3.The total weights for both televisions and computer related covered electronic products collected by the State Program during the previous calendar year.
4.The total amount paid to the Corporation pursuant to §§ 4.8(E) and 4.9(E) of this Part by manufacturers that did not meet their assigned return share by weight or assigned market share.
5.A list of any manufacturers determined to be out of compliance with requirements of the State Program, including lack of payments of recycling fees to the Corporation for the previous calendar year.
G.On April 1, July 1 and October 1 of each year, the Corporation shall notify the Department in writing of all manufacturers which have not submitted the required recycling fees and are deemed out of compliance with the State Program.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.11** Retailer Responsibility {#sec-250-ricr-140-20-4-4.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.11}
A.A retailer may not sell or offer for sale any covered electronic product in or for delivery into this state unless:
1.The covered electronic product is labeled with a brand and the label is permanently affixed and readily visible;
2.The brand is included on the list posted by the Department pursuant to § 4.6(B) of this Part; and
3.The list posted by the Department specifies that the manufacturer is in compliance with the requirements of R.I. Gen. Laws Chapter 23-24.10 and these regulations. All manufacturers will be considered in compliance with the requirements of R.I. Gen. Laws Chapter 23-24.10 and these regulations for the purposes of this section until the Department publishes the first listing.
B.Information Provided by Retailer at Time of Sale. A retailer shall provide the consumer at the time of the sale of the covered electronic product information that provides details about where and how a consumer can recycle covered electronic products in Rhode Island. Information shall also be made available in printable form for Internet sales.
C.A retailer who sells or offers for sale a new covered electronic product must, before the initial offer for sale, review the Department's website to determine that all new covered electronic products that the retailer is offering for sale are labeled with the manufacturer's brands that are registered with the Department.
D.A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer's registration expired or was revoked and the retailer took possession of the covered electronic product prior to the expiration or revocation of the manufacturer's registration and the unlawful sale occurred within three (3) months after the expiration or revocation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.12** Registration Requirements for Collectors and Recyclers {#sec-250-ricr-140-20-4-4.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.12}
A.Collector’s Registration
1.In accordance with R.I. Gen. Laws § 23-24.10-10.1, no person or entity may operate as a collector of any covered electronic products or electronic devices banned from disposal unless that person or entity has submitted a registration with the Department on a form prescribed by the Director.
2.Registration information must include the name, address, telephone number, and location(s) of the business, and a certification that the collector has complied and will continue to comply with the requirements of R.I. Gen. Laws Chapter 23-24.10 and all regulations promulgated by the Department and/or the Corporation.
3.A registration is effective upon receipt by the Department and is valid until December 31st of each year. Collectors must register annually with the Department.
B.Recycler’s Registration
1.No person or entity may recycle covered electronic products or electronic devices banned from disposal unless that person or entity has submitted a registration with the Department on a form prescribed by the Director.
2.Registration information must include the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive covered electronic products, and a certification that the recycler has complied and will continue to comply with the requirements of R.I. Gen. Laws Chapter 23-24.10 and all regulations promulgated by the Department and/or the Corporation.
3.A registration is effective upon receipt by the Department and is valid until December 31st of each year. Recyclers must register annually with the Department.
4.Any person, corporation or entity that acts as a recycler or collector of covered electronic products in Rhode Island, regardless of whether they act as a contractor for the State Program or an approved manufacturer program, shall comply with the requirement to register with the Department.
5.Nothing in this section shall be deemed to circumvent the Department's existing authority under R.I. Gen. Laws Chapter 23-19.1 or regulations promulgated thereto.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.13** Environmentally Sound Management of Covered Products {#sec-250-ricr-140-20-4-4.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.13}
A.In accordance with R.I. Gen. Laws § 23-24.10-12, manufacturers’ approved collection programs and the State Program as administered by the Corporation shall, at a minimum, meet the environmentally sound management practices as defined in § 4.4(J) of this Part and as set forth in the R2 2013 Responsible Recycling (R2) Standard for Electronics Recyclers (commonly referred to as the R2:2013 Standard and defined in § 4.4(J) of this Part).
B.It shall be the responsibility of the manufacturers administering approved collection programs and the State Program to ensure that all parties, including contracted partners, participating in the recycling of covered electronic products meet and adhere to said R2:2013 Standard.
C.Nothing herein shall prohibit any recycler operating as part of either a manufacturers’ collection program or the State Program as administered by the Corporation from meeting more stringent standards or practices governing the collection, recycling and disposal of covered electronic products.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.14** Enforcement/Penalties {#sec-250-ricr-140-20-4-4.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.14}
A.The Director shall assess all penalties for violation of these regulations in accordance with the provisions of R.I. Gen. Laws § 23-24.10-16 (The Electronic Waste Prevention, Reuse and Recycling Act), R.I. Gen. Laws Chapter 42-17.1 (The Department of Environmental Management), R.I. Gen. Laws Chapter 42-17.6 (Administrative Penalties for Environmental Violations) and the "Rules and Regulations for Assessment of Administrative Penalties".
B.A violation of any of the provisions of R.I. Gen. Laws Chapter 23-24.10 or any rule or regulation promulgated pursuant thereto, shall be punishable, in the case of a first violation, by a civil penalty not to exceed one thousand dollars ($1,000).
C.In the case of a second and any further violations, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for each violation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.15** Appeals {#sec-250-ricr-140-20-4-4.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.15}
A.Unless otherwise delineated in separate regulations governing the appeals process adopted by Department after the effective date of these regulations, any person affected by a decision of the Director pursuant to these regulations may, in accordance with Part 20-00-1 of this Title (Administrative Rules of Practice and Procedure for the Department of Environmental Management), file a claim for an adjudicatory hearing to review the decision.
B.The party contesting a Department decision bears the burden of proof that their application(s) or action(s) comply with all requirements of the rules and regulations herein. All requests for a hearing regarding a decision of the Director must be in writing and filed with the clerk of the Department's Administrative Adjudication Division (AAD) within thirty (30) days of receipt of the Director's decision.
C.All requests for a hearing regarding an enforcement action issued by the Department must be in writing and filed with the clerk of the Department's Administrative Adjudication Division (AAD) within twenty (20) days of receipt of the enforcement action.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
##### **250-RICR-140-20-4 § 4.16** Severability {#sec-250-ricr-140-20-4-4.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-20-4#4.16}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2013-12-31 to 01/04/2022*
- *Technical Revision — effective from 2013-12-31 to 12/31/2013*
- *Adoption — effective from 2013-12-31 to 12/31/2013*
### **Subchapter 25** Oil & Underground Tanks
#### **250-RICR-140-25-1** Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials
##### **250-RICR-140-25-1 § 1.1** Purpose {#sec-250-ricr-140-25-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.1}
A.The purpose of this Regulation is to:
1.Protect the air, soil, and waters of the state, including groundwater, from pollution resulting from the underground storage of regulated substances and hazardous materials;
2.Establish procedures and requirements for the assessment and remediation of sites contaminated due to releases associated with the underground storage of regulated substances or hazardous materials;
3.Implement a system of registration of underground storage tank facilities;
4.Prevent releases from underground storage tanks of regulated substances or hazardous materials by establishing siting, design, installation and operating requirements for underground storage tank (UST) systems;
5.Establish facility leak detection and monitoring requirements and schedules for the early detection of releases from underground storage tanks;
6.Require facility owners/operators to guarantee the availability of sufficient resources to respond to and rectify releases from underground storage tanks systems;
7.Establish fees and a schedule of payment for such fees; and
8.Establish UST closure procedures that provide for protection of human health and the environment.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.2** Authority {#sec-250-ricr-140-25-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.2}
A.This Regulation is promulgated pursuant to R.I. Gen. Laws §§ 42-17.1-2(30), 42-17.1-2(31), R.I. Gen. Laws Chapter 46-12, and in accordance with R.I. Gen. Laws Chapter 42-35.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.3** Incorporated Materials {#sec-250-ricr-140-25-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.3}
A.This Regulation hereby adopts and incorporates the American Petroleum Institute (API) Recommended Practice (RP) Publication 1615 "Installation of Underground Petroleum Storage Systems," 6th Edition (2011) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
B.This Regulation hereby adopts and incorporates the National Fire Protection Association (NFPA) 31 "Standard for the Installation of Oil-Burning Equipment" (2016) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
C.This Regulation hereby adopts and incorporates the Petroleum Equipment Institute (PEI) RP 100 "Recommended Practices for Installation of Underground Liquid Storage Systems" (2017) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
D.This Regulation hereby adopts and incorporates the Petroleum Equipment Institute (PEI) RP 1000 “Recommended Practices for the Installation of Marina Fueling Equipment” (2014) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
E.This Regulation hereby adopts and incorporates the Steel Tank Institute (STI) “STI-P3 Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks” (2015) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
F.This Regulation hereby adopts and incorporates the Steel Tank Institute (STI) F894 "ACT-100 Specification for External Corrosion Protection of FRP Composite Steel USTs" (2017) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
G.This Regulation hereby adopts and incorporates the Steel Tank Institute (STI) F961 "ACT-100-U: Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks" (2015) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
H.This Regulation hereby adopts and incorporates the Steel Tank Institute (STI) F922 "Specification for Permatank" (2014) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
I.This Regulation hereby adopts and incorporates the Underwriters Laboratories (UL) Standard 58 “Standard for Steel Underground Tanks for Flammable and Combustible Liquids” (1996) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
J.This Regulation hereby adopts and incorporates the Underwriters Laboratories (UL) Standard 971 “Standard for Nonmetallic Underground Piping for Flammable Liquids" (2006) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
K.This Regulation hereby adopts and incorporates the Underwriters Laboratories (UL) Standard 971A “Standard for Metallic Underground Fuel Pipe” (2006) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
L.This Regulation hereby adopts and incorporates the Underwriters Laboratories (UL) Standard 1316 “Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures, 2nd Edition" (1994) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
M.This Regulation hereby adopts and incorporates the Underwriters Laboratories (UL) Standard 1746 “Standard for Safety External Corrosion Protection Systems for Steel Underground Storage Tanks, 3rd Edition" (2014) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
N.This Regulation hereby adopts and incorporates the American Petroleum Institute (API) Recommended Practice (RP) Publication 1632 "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, 3rd Edition" (1996) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
O.This Regulation hereby adopts and incorporates the National Association of Corrosion Engineers (NACE) SP0169 "Control of External Corrosion on Underground or Submerged Metallic Piping Systems" (2013) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
P.This Regulation hereby adopts and incorporates the National Association of Corrosion Engineers (NACE) SP0285 "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection” (2011) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
Q.This Regulation hereby adopts and incorporates the Steel Tank Institute (STI) R972 "Recommended Practice for the Addition of Supplemental Anodes to sti-P3 USTs" (2010) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
R.This Regulation hereby adopts and incorporates the American Petroleum Institute (API) Recommended Practice (RP) Publication 1631 "Interior Lining and Periodic Inspection of Underground Storage Tanks, 5th Edition" (2001) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
S.This Regulation hereby adopts and incorporates the National Leak Prevention Association (NLPA) Standard 631 "Entry, Cleaning, Interior Inspection, Repair and Lining of Underground Storage Tanks" (1994) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
T.This Regulation hereby adopts and incorporates the American Petroleum Institute (API) Recommended Practice (RP) Publication 1621 "Bulk Liquid Stock Control at Retail Outlets, 5th Edition" (2001) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
U.This Regulation hereby adopts and incorporates the American Petroleum Institute (API) Recommended Practice (RP) Publication 1635 "Management of Underground Petroleum Storage Systems at Marketing and Distribution Facilities, 2nd Edition" (1987) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
V.This Regulation hereby adopts and incorporates the American Petroleum Institute (API) Recommended Practice (RP) Publication 1637 “Using the API Color- Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals, 3rd Edition" (2012) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
W.This Regulation hereby adopts and incorporates the National Fire Protection Association (NFPA) 30 "Flammable and Combustible Liquids Code" (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
X.This Regulation hereby adopts and incorporates the National Fire Protection Association (NFPA) 30A "Code for Motor Fuel Dispensing Facilities and Repair Garages" (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
Y.This Regulation hereby adopts and incorporates the National Fire Protection Association (NFPA) 329 “Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases” (2015) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
Z.This Regulation hereby adopts and incorporates the Petroleum Equipment Institute (PEI) RP 500 "Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment” (2011) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
AA.This Regulation hereby adopts and incorporates the Petroleum Equipment Institute (PEI) RP 900 "Recommended Practices for the Inspection and Maintenance of UST Systems” (2017) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
BB.This Regulation hereby adopts and incorporates the Petroleum Equipment Institute (PEI) RP 1200 "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities" (2017) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
CC.This Regulation hereby adopts and incorporates the American Petroleum Institute (API) Recommended Practice (RP) Publication 1604 “Closure of Underground Petroleum Storage Tanks, 3rd Edition" (1996) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
DD.This Regulation hereby adopts and incorporates the American Petroleum Institute (API) Recommended Practice (RP) Publication 2015 “Safe Entry and Cleaning of Petroleum Storage Tanks, 7th Edition" (2014) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
EE.This Regulation hereby adopts and incorporates the American Petroleum Institute (API) Recommended Practice (RP) Publication 1615 “Installation of Underground Hazardous Substances or Petroleum Storage Systems, Sixth Edition" (2011) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
FF.This Regulation hereby adopts and incorporates the Underwriters Laboratories of Canada ULC-S615 "Standard for Underground Reinforced Plastic Tanks" (2014) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
GG.This Regulation hereby adopts and incorporates the Underwriters Laboratories of Canada CAN/ULC-S603 "Standard for Underground Steel Tanks" (2014) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
HH.This Regulation hereby adopts and incorporates the Underwriters Laboratories of Canada CAN/ULC-S603.1 "External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids” (2017) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
II.This Regulation hereby adopts and incorporates the Underwriters Laboratories of Canada ULC-S631 "Isolating Bushings for Steel Underground Tanks Protected with Coatings and Galvanic Systems" (2005) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.4** Applicability {#sec-250-ricr-140-25-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.4}
A.The terms and provisions of this Regulation shall be liberally construed to permit the Department to effectuate the purposes of state law, goals, and policies.
B.General Applicability - Unless otherwise noted, this Regulation applies to all proposed, new and existing underground storage tank facilities, at which a regulated substance and/or hazardous material(s) is currently, or previously been, stored underground in a tank or tank system; whether such facilities serve institutional, industrial, commercial, educational, agricultural, governmental, residential or other purposes; and whether such facilities or USTs located there upon, have been abandoned; and to persons who owned or operated such facilities after May 1985.
C.Leak & Spill Response - § 1.14 of this Part shall apply to all facilities and the owners/operators thereof, and any person having actual knowledge of a confirmed leak, spill or other release. There are no exemptions to the responsibility to report a suspected or confirmed leak or spill.
D.Exempted Tanks
1.This Regulation does not apply to:
a.Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;
b.Storage tanks located entirely within structures, such as a basement or cellar provided that:
(1)The structure allows for physical access to the entire storage tank; and
(2)The tank is situated upon or above the surface of a concrete floor;
c.Septic tanks;
d.Pipeline facilities regulated under 49 U.S.C. Chapter 601;
e.Flow through process tanks;
f.Underground storage tanks storing propane or liquefied natural gas;
g.Underground storage tanks used for the temporary storage of raw materials or products by industry (so called "intermittent" or "fill and draw" tanks);
h.Emergency spill protection and overflow tanks;
i.Oil water separators with a planned discharge required to be regulated under the Clean Water Act.
E.Except as provided for in § 1.11(B), 1.14, and 1.15(B) of this Part, this Regulation does not apply to:
1.Residential Tank: Tanks less than or equal to 1,100 gallons in capacity used for storing heating oil of any grade and serving a one, two, or three unit dwelling;
2.Farm Tank: Tanks less than or equal to 1,100 gallons in capacity and storing heating oil of any grade for non-commercial purposes.
F.Except as provided for in § 1.8 of this Part, this Regulation does not apply to:
1.Aboveground storage tanks associated with airport hydrant fuel distribution UST systems as defined in § 1.5 of this Part.
2.Aboveground storage tanks associated with field constructed UST systems as defined in § 1.5 of this Part.
G.Holding Tanks:
1.All existing and proposed UST systems which are used to store discharges, both intermittent and continuous, containing regulated substances or hazardous materials from floor drains or other piping outlets, shall be subject to § 1.7, 1.10(E), 1.14, 1.15, 1.17 through 1.22 of this Part.
H.Applicability of Delivery Prohibition:
1.§ 1.10(T) of this Part shall apply to all UST systems and persons identified under § 1.4(B) of this Part and all product deliverers.
I.Owners and operators of UST systems must cooperate fully with inspections, monitoring and testing conducted by the Department, as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to section 9005 of Subtitle I of the Solid Waste Disposal Act, 42 U.S.C. § 6991d.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.5** Definitions {#sec-250-ricr-140-25-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.5}
A.For the purposes of this Regulation, the following terms shall have the following meanings:
1.“Abandonment” means the relinquishment or termination of possession, ownership or control of underground storage tanks, by vacating or by disposition, without meeting the closure requirements listed in § 1.15 of this Part; or the action of taking a UST or UST system out of operation for a period of greater than 180 consecutive days without the prior permission of the Director pursuant to § 1.15 of this Part.
2.“Airport hydrant fuel distribution system” means a UST system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.
3.“Aquifer” means a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield quantities of water to wells and springs in quantities which in the aggregate are sufficient to supply the daily requirements of one or more persons.
4.“Authorized representative” means any individual employed by any person, including all forms of private, governmental and commercial entities included thereunder, in a position to commit the resources of that person and bind that person to any responsibilities and/or liabilities set forth under this Regulation.
5.“Automatic tank gauging system” means equipment used for automatic gauging that tests for the gain or loss of liquid contents of a UST. The automatic product level monitor test must be able to detect a 0.2 gallon per hour or less leak rate at 95% probability of detection from any portion of the tank that routinely contains product. It must also be capable of measuring water in the bottom of the tank to the nearest 1/8 inch. Inventory leak reporting requirements are stated in § 1.13(C) of this Part.
6.“Bodily injury” means any physical injury or impairment to the body of a natural person or any physical illness or disease or death resulting from said injury, which has been caused, directly or proximately, by a release from a UST or UST system.
7.“Cathodic protection” means a technique to prevent the corrosion of metal surfaces by making that surface the cathode of an electrochemical cell.
8.“Cathodic protection tester” means a person who has education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems who is certified by NACE International as a Cathodic Protection Technologist, Cathodic Protection Technician, Cathodic Protection Tester, Senior Corrosion Technologist, Corrosion Technologist, and Corrosion Technician. A person who is a NACE Corrosion Technician may only collect data, however, with the stipulation that the data be reviewed by a Corrosion Technologist, Senior Corrosion Technologist, or a “corrosion expert” (a NACE corrosion Specialist or Cathodic Protection Specialist). Persons certified by the STI as a Cathodic Protection Tester also may only collect data and must have two years or corrosion work experience and be re-certified every three years and in accordance with STI protocol.
9.“Claim” means an application submitted to the Department for reimbursement from the fund.
10.“Claimant” means a responsible party as defined in § 1.5(A)(103) of this Part submitting a claim to the Department for reimbursement from the fund.
11.“Class A operator” means the individual or individuals designated by the owner to have primary responsibility for the overall operation and maintenance of a UST system. This person must have an understanding of the statutory and regulatory requirements that relate to the permitting of the facility and must hold a valid “Class A” or “Class A/B” UST operator certificate recognized by the State of Rhode Island.
12.“Class B operator” means the individual or individuals designated by the owner to implement applicable regulatory requirements and implement the daily aspects of the operation, maintenance, and recordkeeping of the UST system(s). This person must hold a valid “Class B” or “Class A/B” UST operator certificate recognized by the State of Rhode Island.
13.“Class C operator” means the individual or individuals designated by the owner whose primary responsibility is to respond to alarms, or emergencies caused by spills or releases from a UST system at the facility. This person or individuals must be trained by the Class A operator and have their knowledge of emergency response tested on a routine basis.
14.“Cleanup” means those activities undertaken pursuant to regulations promulgated by the Department for the investigation and remediation of releases from UST's or UST Systems.
15.“Cleanup goals” means the extent of corrective action required by the Department to protect human safety, health, and the environment; pursuant to its regulations governing such corrective action.
16.“Closure” means the removal from service of any underground storage tank in accordance with the provisions of § 1.15 of this Part.
17.“Commenced construction” means that the owner/operator has obtained all governmental approvals or permits required to begin physical construction and has either begun a continuous on-site physical construction program; or entered into contractual obligations which cannot be canceled or modified without substantial loss and are payable upon physical construction of the facility.
18.“Commercial tank” means any underground storage tank used in the furtherance of trade, traffic, business or commerce including, without limitation, tanks used to store heating oil for residential structures containing four or more or living units.
19.“Community water system” means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least 25 year-round residents. This includes most private homes, apartment buildings, condos, and other residences.
20.“Compatible” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the UST.
21."Containment sump” means a liquid-tight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps, and related components in the containment area.
22.“Contaminant” means any physical, chemical, biological or radiological substance in soil, water, air or any other environmental media which renders, or is likely to render, such soil, water, air or any other environmental media unfit for its intended use or for any feasible use.
23.“Contamination” or “contaminated” means the results of a release of regulated substances or other hazardous materials regulated under this Part from an underground storage tank or underground storage tank system into the ground water, surface water or soil in quantities which may adversely impact human safety, health or the environment.
24.“Continuous monitoring system” means an automatic, continuous leak detection and alarm system that operates independent of human assistance and meets industry standards such as those of Underwriters Laboratories (UL), and which is approved by the Director.
25.“Corrective action” means implementation of measures to rehabilitate site ground water, surface water, soil, or air to meet cleanup goals.
26.“Corrective action plan” means a plan that addresses contaminated soils or ground water or other related environmental or public health impacts of a release pursuant to this Regulation.
27.“Corrosion expert” means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by education and practical experience, is qualified and certified to engage in the practice of corrosion control on buried or submerged metal tanks. Such a person must be accredited or certified by the National Association of Corrosion Engineers as either a Corrosion Specialist or Cathodic Protection Specialist.
28.“Deductible limit” means the amount to be deducted from an amount otherwise eligible for reimbursement hereunder prior to any reimbursement from the fund as such limits are established by R.I. Gen. Laws § 46-12.9-5.
29.“Delivery prohibition” means by order of the Director, deliveries or additions of regulated substances to the UST system is prohibited due to continued non-compliance with the UST regulations. DEM staff will affix a locking “red tag” to all fill points which prevents delivery of fuel. Removal, destruction, disabling, or defacing this tag is prohibited.
30.“De minimus” means any regulated liquid, semi-solids, or gels contained in a UST at concentrations below all applicable State and Federal limits, targets, guidelines or objectives. In the absence of established objectives, guidelines, limits, or targets, de minimus shall refer to any concentration below applicable analytical Method Detection Limit (MDL) for the regulated substance.
31.“DEM” or “Department of Environmental Management” or “Department” means the Rhode Island Department of Environmental Management and/or any office thereof.
32.“Diesel fuel” means any grade of distillate oil, commonly referred to as "diesel" that is manufactured and sold for use, or is used, as fuel in an internal combustion engine; including regulated substances substituted for use as a diesel fuel.
33.“Director” means the Director of the Department of Environmental Management or his/her designee. Any documents or reports required to be submitted to the Director by this Regulation should be sent to: UST Management Program, RI Department of Environmental Management, 235 Promenade Street, Providence, Rhode Island 02908.
34.“Dispenser” means equipment located aboveground that dispenses regulated substances from the UST system.
35.“Dispenser system" means the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system.
36.“Double-walled tank” means a container with two complete shells providing both primary and secondary containment. The container shall have a continuous 360° interstitial space between the primary and secondary shell. The interstitial space shall be designed so that an approved interstitial space monitor is able to continuously monitor this space. All double-walled tanks shall be UL-listed.
37.“Dry season” means that the time period during which the groundwater tables are at their lowest elevation at which they occur, usually falling during the months of May-December. Specific dates for the dry season will be determined on a yearly basis by the Director.
38.“Dual-usage tank” means a UST whose contents serve more than one use. (For example, the contents of the UST serve both a boiler and an emergency generator). Such tanks are treated under the usage which is more stringently regulated.
39.“Eligible claimant” means a claimant served with a notice of eligibility by the Department.
40.“Eligible costs” means costs, expenses and other obligations as incurred or to be incurred by a responsible party for site investigation, site remediation or other corrective action activities or certain third party damages ordered or directed by the Department or voluntarily performed by the responsible party and not specifically identified by the Department as ineligible.
41.“Emergency and short-term response action” means any activities undertaken immediately following the discovery of a release of regulated substances in order to completely, or partially, contain, clean up, or treat the released material and remove an imminent hazard if it exists.
42.“Emergency spill protection tank” means a tank used for temporary storage of substances in response to a leak, spill or other unplanned occurrence. This tank must be emptied expeditiously following use.
43.“Emergency generator” means any internal combustion engine which produces electricity and is fueled by diesel, gasoline, any grade of fuel oil, kerosene, biodiesel, or any other regulated substance.
44.“Environmental consultant” means any of the following: a geologist certified by the American Institute of Professional Geologists (certified professional geologist); a geologist registered by any state program (registered professional geologist), or a registered professional engineer.
45.“Environmentally sensitive area” means any area, including but not limited to, those wherein the groundwater is classified as GA or GAA in accordance with RI DEM Groundwater Quality Rules and any other area which includes sensitive receptors.
46.“Excavation zone” means the underground area containing the tank system and backfill material, bounded by the ground surface, walls, and floor of the pit and trenches into or from which the UST system is installed or removed.
47.“Facility” means any parcel of real estate or contiguous parcels of real estate owned and/or operated by the same person(s), which together with all land, structures, facility components, improvements, fixtures and other appurtenances located therein form a distinct geographic unit and at which regulated substances hazardous materials are or have been stored in underground storage tanks.
48.“Facility component” means any underground tanks, associated pipes, pumps, leak monitoring systems, cathodic protection systems, vaults, fixed containers or appurtenant structures, used or designed to be used for the storage, transmission, or dispensing of regulated substances and hazardous materials.
49.“Farmer” means an individual, partnership or corporation who operates a farm and has filed a 1040F U.S. Internal Revenue Form with the Internal Revenue Service, has a State of Rhode Island farm tax number and has earned ten thousand dollars ($10,000) gross income on farm products in each of the preceding four (4) years.
50.“Farm tank” means an underground storage tank located on a tract of land operated by a farmer, provided that the material stored is used on-site.
51.“Field-constructed tank” means a tank constructed at a facility location.
52.“Flow through process tank” means any tank that is an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from a production process.
53.“Free product” means any regulated substance that is present as a non-aqueous phase liquid (e.g. liquid not dissolved in water).
54.“Fund” means the Rhode Island Underground Storage Tank Financial Responsibility Fund as established pursuant to R.I. Gen. Laws Chapter 46-12.9.
55.“Gasoline” means a petroleum distillate, or blends of petroleum distillates, having a Reid vapor pressure of 7 pounds per square inch absolute (48.3 k Pa) or greater and capable of being used as fuel for internal combustion engines.
56.“Groundwater” means water found in the saturated zone underground which completely fills the open spaces between particles of sediment, within rock formations, or within bedrock fractures.
57.“Hazardous materials” means any material defined as a "hazardous substance" by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or other regulated substances, 42 U.S.C. § 9601. Hazardous materials shall also include any material defined as a "hazardous waste" pursuant to the Rhode Island Hazardous Waste Management Act, R.I. Gen. Laws Chapter 23-19.1, as well as any of the following materials:
a.Acetone
b.Ethanol
c.Ethylene Oxide
d.Methanol
e.Methylene Chloride
f.Perchloroethylene
58.“Heating oil” means No. 1, No. 2, No. 4, No. 5, or No. 6, technical grades of fuel oil, other residual fuel oil, including bunker C and/or other fuels, except motor fuels or waste oils, when used as substitutes for any of these fuel oils used for the purpose of producing heat (e.g., burned in a furnace or boiler).
59.“Holding tank” means a UST system used to collect and store discharges, both intermittent and continuous, containing regulated substances from floor drains or other piping outlets.
60.“Hydraulic conductivity” means a measure of the ability of an aquifer to transmit a fluid, which depends on the properties of both the fluid and the medium.
61.“Hydraulic lift tanks” means those tanks holding hydraulic fluid for a closed-loop mechanical system using compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.
62.“Hydrostatic tightness test” means a test designed to evaluate the tightness of a UST system component that uses pressure of liquid.
63.“Initial abatement action” means an action taken pursuant to the applicable section of the Department's UST Regulations.
64.“Initial application for reimbursement” means an application submitted by a claimant.
65.“Leak” means a loss from, or gain to, a UST system of 0.05 gallon per hour or more of fluid as determined by a tank tightness test or a line tightness test, or a 0.2 gallon per hour as determined by automatic tank gauging, or loss or gain of fluid to a UST system as determined by visual inspection, analytical analysis, an interstitial monitoring system other continuous monitoring system, inventory control, or other appropriate means.
66.“Line leak detector” means a device installed on the discharge side of a remote pump which is capable of interrupting or restricting product flow if there is a leak greater than or equal to three gallons per hour at 10 pounds per square inch of line pressure.
67.“Local Fire Chief” means the person responsible for the administration and direction of a fire department in a fire district or municipality, including a fire administrator or chief, or that person's designee.
68.“Maintenance” means the normal operational upkeep of an underground storage tank system necessary to prevent a release of product.
69.“Modification” means any addition removal, replacement, restoration, refurbishment or renovation to an existing UST system or repair of any UST system component which may contains product that is inconsistent with the information provided to the Director in the Registration Application. Such modifications include, but are not limited to:
a.Any alterations to the site plan;
b.Any changes in design and/or specifications to a UST system’s corrosion protection equipment;
c.Any changes in the design and/or specifications to a UST system’s leak detection or spill prevention equipment, including groundwater monitoring wells;
d.The replacement or repair of any product piping;
e.The installation, repair or replacement of any underground storage tank.
70.“Monitoring well” means a cased well with a screened interval that intercepts the water table during all seasonal variations of groundwater levels and can be used to detect the presence of groundwater contamination.
71.“Motor fuels” means a complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances (for example: motor gasoline blended with alcohol).
72.“New UST system” means a tank system that will be used to contain an accumulation of regulated substances for which installation has not yet commenced.
73.“Non-transient non-community water system” means a public water system that regularly supplies water to at least 25 of the same people at least six months per year. Examples of this type of water system include schools, factories, office buildings, and hospitals which have their own water systems.
74.“Observation well” means a well other than a monitoring well that is typically located in a tank excavation or the collection sump of a secondary containment system.
75.“Oil-water separator” means a UST system used typically for storm water runoff applications and intended for the separation of oil-water mixtures containing oils and greases.
76.“On-site” means located on the same or geographically contiguous property, which may be divided by public or private right-of-way provided the entrance and exit between the properties is at a cross-roads intersection and access is by crossing as opposed to going along the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.
77.“Operate a facility” means to maintain regulated substances or hazardous material(s) in underground storage tanks at a facility for purposes of storage, use or sale, and to conduct operation and maintenance for each tank as required in § 1.10 of this Part.
78.“Operator” means any person in control of, or having responsibility for, the daily operation of the UST system. An Operator designation is not equivalent to designation as a “Class A Operator”, “Class B Operator”, or “Class C Operator”, as defined in §§ 1.5(A)(11), (12), (13) of this Part solely by virtue of such designation. An Operator may be designated as a Class A, B, or C Operator only if that person has fulfilled the training and certification requirements of an approved training program as set forth in § 1.10(U) of this Part. The designation of a Class A, B or C operator does not relieve the Operator from the duties, responsibilities, or liabilities outlined in this Regulation.
79.“Overfill prevention” means a device that will restrict or stop the flow of fuel during a delivery or otherwise alert the transfer operator before the tank reaches full capacity.
80.“Overflow tank” means a tank used for temporary storage of substances in response to a leak, spill or other unplanned occurrence. This tank must be emptied expeditiously following use.
81.“Owner” means any person, corporation, group, or other entity who holds exclusive or joint title to, or lawful possession of, a facility or part of a facility.
82.“Owner/Operator” means any owner and/or operator
83.“Person” means an individual, trust, firm, joint stock company, corporation (including quasi-government corporation), partnership, or other unincorporated association, syndicate, governmental entity or subdivision thereof.
84.“Petroleum product” means crude oil or any fractions thereof that is liquid at standard conditions of temperature (60°F) and pressure (14.7 pounds per square inch absolute) and includes substances derived from crude oil including, but not limited to the following:
a.Gasoline
b.Fuel Oils
c.Diesel Oils
d.Waste Oils
e.Gasohol, lubricants and solvents
85.“Pollutant” means any material or effluent which may alter the chemical, physical, biological, or radiological characteristics and/or integrity of water, soil, air or other environmental media including, but not limited to, dredge spoils, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, cellar dirt or industrial, municipal, agricultural, or other waste, regulated substances, including but not limited to oil.
86.“Product deliverer” means any person who delivers or deposits product into an underground storage tank. This term may include major oil companies, jobbers, regulated substance transportation companies, or other product delivery entities.
87.“Product pipeline” means any pipeline that currently or previously connected to a UST or UST system which carries, or carried, any regulated substance, including all regulated substances
88.“Property damage” means any physical injury to real or personal property, which has been caused, directly or proximately, by a release from a UST or UST System.
89.“Public water system” means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.
90.“Red tag” means a tag, device, or mechanism, approved by the Director and affixed to a UST system’s fill pipe that clearly identifies a UST system as ineligible for product delivery. The tag or device must clearly state “It is unlawful to deliver to, deposit into, or accept product into this UST system”. The tag or device must be of tamper resistant material in order that it cannot be removed and reattached without obvious visual evidence. Also see “Delivery Prohibition” § 1.5(A)(29) of this Part.
91.“Regulated substance” and "Regulated Substances" means any substance defined in §§ 1.5(A)(57) and 1.5(A)(84) of this part, as well as 42 U.S.C. 9601 § 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (but not including any substance regulated as a hazardous waste under subtitle C). The term regulated substances also includes petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). The term regulated substance includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.
92.“Reimbursement” means an assignment of money made by the Department from the fund in payment of eligible costs, subject to deductible limits and such other provisions of R.I. Gen. Laws Chapter 46-12.9.
93.“Reimbursement fee schedule” means the schedule of fees deemed reasonable and customary by the Department for clean-up and related activities.
94.“Release” means any spilling, leaking, pumping, pouring, injecting, emitting, escaping, leaching, discharging, or disposing of any material stored in an underground storage tank system subject to this Regulation into groundwater, surface water, soil, air or any other environmental media.
95.“Remediation” means the act of implementing, operating and maintaining a remedy or remedial action.
96.“Remediation regulations” means the Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases, Subchapter 30 Part 1 of this Chapter.
97.“Remedy” or “remedial action” means those actions taken to rectify the effects of a release of regulated substances, so that it does not cause a significant risk to present or future public health or welfare, or the environment.
98.“Remote pumping system” or "submerged pumping system" means a system in which one or more pumping units push a regulated substance, via a pressurized piping system, to one or more points away from the tank or tanks.
99.“Remove from service” means to cease to operate a facility component.
100.“Repair” means to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment or other UST system component that has caused a release of product from the UST system or has failed to function properly.
101.“Replaced” means to remove a tank and install another tank. For piping, it means to remove 50 percent or more of piping and install other piping, excluding connectors, connected to a single tank. For tanks with multiple piping runs, this definition applies independently to each piping run.
102.“Residential tank” means a tank containing heating oil of any grade serving a one, two or three residential unit.
103.“Responsible party” means any and all combinations of: owner of the property, UST, or UST components, including, but not limited to, all individuals or organizations identified by the City tax assessor or named on the deed or title for the property; any individual, group, corporation, LLC, or other entity named on a UST registration form; any person who otherwise caused or is legally responsible for a release of regulated substances from a UST system; the Operator responsible for day to day operations and oversight of the UST system, the Class A, Class B, or Class A/B operator,
104.“Saturated thickness” means the thickness of an aquifer below the water table.
105."Secondary Containment" or "secondarily contained" means a release prevention and release detection system for a tank or piping. This system has an inner and outer barrier with an interstitial space that is monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.
106.“Septic tank” means a watertight receptacle which receives sewage, graywater, or other domestic waste from a building sewer and is designed and constructed to permit the deposition of settled solids, the digestion of the matter deposited, and the discharge of the liquid portion into a leaching system.
107.“Single-walled tank” means any container that has a single shell enclosing the contained material. Any tank which does not provide a continuous 360° interstitial space between a primary and secondary shell that can be continuously monitored shall be regulated as single-walled.
108.“Site” means any location within Rhode Island at which or from which there has been a release of a regulated substance associated with an Underground Storage Tank or Underground Storage Tank System or any location to which a regulated substance has migrated.
109.“Site investigation” means any action taken to determine the character, nature and extent of a regulated substance release from a UST or UST System, pursuant to this Regulation.
110.“Spill” means a loss of a regulated substance or hazardous material in a manner other than a leak, occurring on the property where a facility is in operation, and such that the product or material is likely to enter groundwater, surface water, soil, air or any other environmental media and shall be considered a release from a facility.
111.“Spill containment basin” means a device installed in fill pipe manholes that prevents regulated substance spills from leaching into the soil and groundwater.
112.“Submerged fill tube” or “drop tube” means any fill pipe or tube which fits directly into the underground tank riser pipe and allows submerged filling. This pipe or tube should be located six (6) inches above the bottom of the tank and cut at a 45º angle.
113.“Substantial construction” means that a continuous on-site physical construction program has progressed to a point where 25% or more of the total project is completed or where 25% or more of the total cost of the project has been expended for materials which are at the site.
114.“Suction pumping system” means a system in which a pump at a dispensing island reduces pressure in the product line to the underground storage tank to less than atmospheric pressure, causing product from the tank to be pulled to the island via the product suction line.
115.“Surface water” means a body of water whose top surface is exposed to the atmosphere and includes all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond, lake or wetlands.
116.“Tank” means a stationary device designed to contain a regulated substance which is constructed of non-earthen materials that provide structural support and which is an underground storage tank.
117.“Tank pad monitoring well” or “tank field monitoring well” means a subsurface monitoring well that is located within the tank pad or immediate vicinity of the tank field and reaches a depth of at least one foot below the lowest point of the UST system.
118.“Temporary closure” means to temporarily halt use of an underground storage tank or tank system due to change in owner or operator, facility or tank system repair, modification, upgrade, or seasonal closure. Temporary closures must be approved by DEM 30 days in advance of closure, is limited to 12 months, and is not intended to be used as an alternative to removing the tanks.
119.“Third-party claim” means any claim for monetary damages for bodily injury or damage to property brought against a responsible party in a court of competent jurisdiction, which claim has resulted in a final judgment, order or court-approved settlement that explicitly establishes that: the third-party claimant sustained bodily injury, damage to property, or damage to natural resources; the bodily injury, damage to property, or damage to natural resources sustained by the third-party claimant was the direct or proximate result of a release; and that the responsible party is liable for the release.
120.“Tightness test” means a test able to determine whether an underground storage tank, line or system is liquid-tight as defined in "Recommended Practice for Handling Underground Releases of Flammable and Combustible Liquids and Gases", incorporated above at § 1.3(Y) of this Part. The test shall be capable of accurately detecting a tank or a tank and line leak of 0.1 gallons per hour, adjusted for all variables, with a probability of detection of no less than 95 percent and a probability of false detection of no more than five percent. Measurements recorded for each test shall be in accordance with manufacturer's protocol. The test method must be approved by the Director prior to use, and must be conducted by persons licensed by DEM to perform the tests in accordance with § 1.16 of this Part.
121.“Till” means the predominantly unsorted, unstratified sediments deposited directly by a glacier.
122.“Transient non-community water system” means a public water system that provides water at locations where people do not remain for long periods of time such as a gas station, campground, movie theatre, or similar establishments.
123.“Transmissivity” means a measure of the ability of an aquifer to transmit a fluid. It is equal to the average hydraulic conductivity multiplied by the saturated thickness.
124.“Under-dispenser containment” or “UDC” means containment underneath a dispenser system designed to prevent leaks from the dispenser and piping within or above the UDC from reaching soil or groundwater.
125.“Underground” means 10 percent or more of the volume of the facility components (storage tanks and piping) is buried in the ground.
126.“UST” or “Underground Storage Tank (UST) System” means any one or more underground tanks, and their associated components, including piping, used to contain, transport, or store regulated substances whose volume is 10 percent or more beneath the surface of the ground.
127.“Vault” means a structure such as a basement or cellar which: houses an underground storage tank; is designed to contain any leaks from the tank and provide protection from corrosive soils; is not part of a secondary enclosure; and is designed such that the tank is situated upon or above the surface of a concrete floor and allows for physical access to an inspection of the storage tank and inside the vault.
128.“Vent whistle” means a device installed in the vent pipe of a UST designed to whistle when the tank is being filled but goes silent when the tank is full.
129.“Waste oil” means used or spent oil of any kind, including but not limited to those oils from automotive, industrial, aviation and other sources.
130.“Wear plate” means a thick deflection plate or striker plate measuring at least nine inches wide and an area of at least one foot square which is located on the bottom of the UST under each tank opening.
131.“Wellhead protection area” means the three-dimensional zone, surrounding a public well or wellfield through which water will move toward and reach such well or wellfield, as designated by the Director pursuant to R.I. Gen. Laws Chapter 46-13.1.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.6** Administrative Findings {#sec-250-ricr-140-25-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.6}
A.Approximately 25% of the population of Rhode Island depend upon groundwater as a sole or principal source of water supply.
B.The principal groundwater resources of the State are located in relatively thin, glacial deposits of stratified sand and gravel that underlie about ? of the State. These aquifers lie close to the surface and are extremely vulnerable to contamination.
C.A number of small public and private water users obtain water from till-covered, fractured bedrock aquifers throughout the state. These aquifers are especially difficult to monitor and to reclaim once contaminated.
D.A large portion of the State's future water supplies will likely be developed from groundwater sources due to the limited number of suitable sites for the construction of surface water reservoirs.
E.The effective protection of drinking water supplies requires a recognition that groundwater and surface water systems are hydrogeologically interconnected and contaminants may be transferred between such systems.
F.The growing number of groundwater contamination incidents resulting from releases of regulated substances from UST systems poses a serious threat to the environment and public health.
G.As a release from a UST poses a high risk to groundwater quality, the establishment of new tank facilities in the state's most valuable aquifer areas, those being designated wellhead protection areas pursuant to R.I. Gen. Laws Chapter 46-13.1 should be restricted.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.7** Facility Registration {#sec-250-ricr-140-25-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.7}
A.Applicability
1.All owners/operators of USTs shall comply with the registration requirements of this rule unless otherwise exempted in § 1.4(D) of this Part.
B.Prohibition of Use of Unregistered USTs
1.No person subject to this rule shall operate an underground storage tank facility unless the tank(s) is/are registered with the Department.
C.Registration Deadlines
1.All USTs which fall under the registration requirements of this rule unless otherwise exempted by § 1.4(D) of this Part shall be registered within 30 days of discovery or installation.
2.USTs No Longer in Service
a.Any UST that has been removed from service for more than 180 days without the permission of the Director is considered abandoned and shall be subject to the closure requirements contained in § 1.15 of this Part.
D.Application for Registration
1.To apply for a certificate of registration, the facility owner shall complete, certify and submit to DEM the application forms available from the Department, along with the applicable registration fees. Information to be included on the form shall include, but not be limited to, the following;
a.For New UST Systems and Proposed Replacement Tank Systems:
(1)A set of detailed installation plans and specifications for the tank system. Plans for all new and replacement UST systems shall be reviewed and stamped by a registered professional engineer.
(2)A written description, including technical specifications, of the following:
(A)Proposed tank size, construction material, construction type and material to be stored;
(B)All proposed leak monitoring systems;
(C)Proposed spill/overfill protection methods;
(D)Proposed corrosion protection methods; and
(E)Operation and maintenance requirements for any of the above.
(3)A site plan including all of the information listed below:
(A)Proposed locations of all tanks, piping, and dispensing pumps;
(B)Proposed locations of on-site monitoring or observation wells; where applicable.
(C)Water table elevation, where available;
(D)Location of all public water supply wells or reservoirs within 400 feet of the facility site;
(E)Location of all facilities served by private wells within 200 feet of the facility site;
(F)Location of all proposed and existing building and associated structures;
(G)Boundaries of the facility site; and
(H)North Arrow.
b.For Existing UST Systems:
(1)The results of all tightness tests and leak detection tests pertaining to all tanks and associated piping.
(2)Written description of the following:
(A)Installation date;
(B)Tank size, construction material, construction type and material stored;
(C)All existing or proposed leak monitoring systems;
(D)Spill/overfill protection methods;
(E)Corrosion protection methods; and
(F)Operation and maintenance requirements for any of the above.
(3)A site plan including all of the information listed below:
(A)Location of all tanks, piping, and dispensing pumps;
(B)Location of existing or proposed on-site monitoring or observation wells; where applicable.
(C)Description of water service to the facility and properties within 200 feet of the facility site;
(D)Location of buildings and associated structures on-site;
(E)Boundaries of the facility site; and
(F)North Arrow.
(4)Description of all repairs performed on the tank system.
(5)A description of all past spills and leaks associated with the tank system known to have occurred at the site on or after October, 1984.
E.Unknown Tank Size
1.Any tank of unknown size shall be assumed to be of regulated capacity unless it is determined to the satisfaction of the Director by records or measurements that the tank is not of regulated capacity.
F.Unknown Tank Age
1.Any double-walled tank of unknown age shall be assumed to be greater than twenty years of age for the purpose of these rules. Any single-walled tank of unknown age shall be assumed to be over 32 years of age and is required to be taken out of service and permanently closed immediately.
G.Issuance of Registration Certificates
1.For Existing UST Systems: The Director shall issue a certificate of registration to the owner of an existing tank or existing tank facility upon review and approval of an application and receipt of fees pursuant to this rule.
2.For New and Replacement UST Systems: The Director shall issue a certificate of registration to the owner of a tank facility at which new or replacement tanks have been installed in accordance with an approved application, and upon receipt and approval of the following:
a.Complete registration application form;
b.Applicable fee payment;
c.Installation plans; stamped by a professional engineer for new facilities;
d.A completed installation certification form, as specified in the Department's Installation Checklist and Certification Form signed by the installer and owner;
e.A completed manufacturer's installation checklist, signed by the contractor; and
f.Tightness test results for the tank(s) and piping, which indicates that the tank system, as installed, is not leaking.
3.Receipt of a registration certificate does not necessarily indicate compliance with all applicable rules of this Regulation.
H.Renewal of Registration Certificates
1.Facility owners/operators, except those listed as exempt in § 1.7(I) of this Part, shall renew their certificate(s) of registration annually as follows:
a.During the first quarter of each fiscal year (July 1 to September 30), the Department shall send renewal notices and invoices to the owner of record. Each owner shall submit payment no later than 45 days from the date of said notices and invoices.
b.Effective August 1st, 2019, all registration and late fees may be paid via the State of Rhode Island online payment portal. Other forms of payment, including checks, money orders, or cash will be accepted with an additional $5-per-UST fee for processing.
c.Upon successful completion of the online payment process on the State of Rhode Island online payment portal, an electronic copy of the registration certificate will be available to download or print.
d.Effective August 1st, 2019, DEM will no longer mail owners or operators hard copies of registration certificates. If an owner or operator wishes to receive a copy of their certificate, they may do so via the following methods:
(1)Print a copy of the registration certificate when paying via the online payment portal;
(2)Performing an in-person file review of the UST file;
(3)Accessing the public web portal;
(4)Requesting an electronic copy from DEM staff.
2.Certificates of registration shall be valid for one year expiring on September 30th annually.
I.Exempted Tanks
1.The following owners/operators of underground storage tank facilities, while required to meet the obligations of this Regulation, are exempt from annual registration fees:
a.Federal, state and local governments and any agency or department of those governments;
b.Nonprofit fire districts;
c.Owners/occupiers of one, two, or three unit dwellings that utilize tanks of a capacity of greater than 1,100 gallons storing heating oil that is consumed solely onsite for heating purposes;
d.Owners/operators of farm tanks of greater than a capacity of 1,100 gallons storing fuel for heating purposes;
e.Owners/operators of underground storage tanks that have been closed in accordance with this Regulation.
f.Receipt of a registration certificate does not necessarily indicate compliance with all applicable sections of this Regulation.
J.Registration Fees
1.Effective August 1st, 2019, All facility owners/operators shall pay to the Department an annual registration fee of $100 for each underground storage tank required to be registered at the facility.
K.Multi-Compartment Tanks
1.The registration fee for USTs with multi-compartments will be based upon the number of compartments. (If a tank has two compartments it is considered two tanks for registration and fee purposes.)
L.Payment of Fees
1.Effective August 1st, 2019, all persons who register or renew registration of underground storage tank facilities shall submit registration fees via the State of Rhode Island online payment portal. Other forms of payment, including checks, money orders, or cash will be accepted with an additional $5-per-UST fee for processing.
2.All payments must be for the full amount of the registration fee, including late fees where applicable.
3.The Director shall deposit all monies collected pursuant to this rule into the Water and Air Protection Program as established in R.I. Gen. Laws § 42-17.1-26.
M.Late Fees
1.Owners/operators who fail to pay a registration fee within the specified time frame shall be subject to a late fee charge of $35.00 per tank per year.
N.Acceptance of Fees
1.The Director's acceptance of registration fees does not indicate that the tanks are in compliance with all UST regulations.
O.Penalties
1.Failure to obtain a certificate of registration in accordance with this Regulation shall constitute a violation of this Regulation and may subject the owner to penalties.
2.Where an owner of a facility who fails to obtain a certificate of registration from the Department, the Director may order a delivery prohibition for the UST system or that the owner/operator to immediately implement temporary or permanent closure procedures in accordance with § 1.15 of this Part.
P.Change of Registration Information or Transfer of Ownership
1.Changes in Ownership: Changes in ownership of a tank or tank facility are subject to § 1.18 of this Part.
2.Change in Registration Information: Excepting a change in ownership, which is subject to § 1.18 of this Part, owners/operators of a UST facility shall:
a.Report any change in information contained on the original registration form (including a change in the product stored) to the DEM in writing within 15 days of that change.
b.All changes to registration information must be submitted using the DEM-supplied form. Verbal and other forms of written communication are not accepted.
c.Maintain a continuous and accurate record of the name, address and length of time during which particular persons operated a facility. The record shall be maintained by the owner/operator until such time as the facility is closed in accordance with § 1.15 of this Part. Upon request, the written record of operators shall be made available by the owner to the Department.
Q.Revocation of Registration
1.The Director may, after 10 days written notice to the person or persons affected, and after a hearing, if requested by the affected person or persons, suspend, modify or revoke a certificate of registration for cause including, but not limited to:
a.The information submitted by the application was incomplete, false or misleading;
b.Circumstances on which the certificate was based have materially and substantially changed since the certificate was issued;
c.Failure to pay registration fees;
d.Noncompliance with this Regulation;
e.Failure to comply with an order of the Director; or
f.Failure to provide information to the Director that is required to be maintained under this Regulation after receipt of written request from the Director.
R.Closure of Facilities with Revoked Registrations
1.Upon the denial or revocation of the certificate of registration by the Director, the owner/operator shall immediately implement facility closure procedures in accordance with § 1.15 of this Part.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.8** Financial Responsibility {#sec-250-ricr-140-25-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.8}
A.Applicability
1.This rule shall apply to all owners/operators of regulated substance underground storage tank systems required to register under this Part with the following exceptions:
a.USTs used solely for the storage of heating or fuel oils consumed on the facility premises;
b.Farm or residential USTs with capacity of 1,100 gallons or less and used solely for the storage of motor fuel which is not for resale; and
c.UST facilities owned by the state, federal or municipal government which, consistent with EPA requirements, have been deemed to be inherently capable of meeting financial responsibility requirements.
B.Compliance
1.Owners of regulated substance underground storage tanks are required to comply with the requirements of this Part in accordance with 40 C.F.R. § 280.
C.Demonstration of Financial Responsibility
1.Unless otherwise exempted from these rules, the owner of any UST system shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from an underground storage tank system in accordance with 40 C.F.R. § 280.
2.The amount of financial assurance required in § 1.8(C)(1) of this Part shall exclude legal defense costs.
3.The amount of financial responsibility required shall not limit liability of the owner/operator for damages caused by a release.
D.Rhode Island UST Financial Responsibility Fund
1.An owner/operator may satisfy the Financial Responsibility requirement by being eligible for the Rhode Island UST Financial Responsibility Fund, established by the R.I. Gen. Laws Chapter 46-12.9.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.9** The Rhode Island UST Financial Responsibility Fund {#sec-250-ricr-140-25-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.9}
A.Purpose and Scope
1.The purpose of the fund, established in R.I. Gen. Laws Chapter 46-12.9, is to provide a mechanism to comply with financial responsibility requirements listed in § 1.8 of this Part and to ensure that the environmental and public health impacts of leaks from USTs are addressed in an effective and timely manner. The fund shall provide reimbursement for the eligible costs incurred as a result of the release of specific regulated substances from certain USTs or UST systems and for eligible third-party claims. The fund will provide reimbursement of not more than $1,000,000 per incident and up to $2,000,000 in the aggregate for eligible costs.
2.This Section shall be construed to be consistent with R.I. Gen. Laws Chapter 46-12.9 wherein said chapter has established guidelines for reimbursement from the fund. Any variance between this Regulation and said chapter shall be controlled by said chapter.
B.Eligibility Requirements
1.A claimant must be subject to financial responsibility as required by 40 C.F.R. § 280 and § 1.8 of this Part.
a.To be eligible for reimbursement, a claimant must be a person who has incurred or will incur eligible costs as a result of taking corrective actions, paying third party claims, or otherwise incurring eligible costs as a result of a release of petroleum subject to the motor and special fuels tax.
2.Claimants may be eligible for reimbursement of eligible costs incurred for city, town, state or state agency sites provided that:
a.A city, town, the state or a state agency is the responsible party for a release at the site and was the owner of said site at the time of the release.
b.A city, town, the state or a state agency is the responsible party and owner of the site at the time of application on which a release occurred prior to the city, town or state agency's ownership, provided that the government entity purchased the property prior to March 1, 1998; or
c.A city, town, the state or a state agency was the responsible party at the time of the release and the site is owned by a successor in interest at the time of application.
3.Costs incurred must be related to the cleanup of, or third party claims from, the release of petroleum subject to the motor and special fuels tax from an underground storage tank or underground storage tank system.
4.Costs incurred prior to January 1, 1994 by responsible parties who are owners/operators of no more than one location containing USTs are not eligible for reimbursement. Costs incurred by all other responsible parties prior to July 8, 1994 are not eligible for reimbursement.
5.Underground storage tanks containing petroleum products for which the motor and special fuels tax is inapplicable, including underground storage tanks used for the distribution of No. 2 heating oil, used/waste oil, kerosene or other regulated substances as deemed appropriate by the Department, may be eligible for reimbursement with the following exceptions:
a.Underground storage tanks containing heating or fuel oils used solely for onsite consumption shall not be eligible.
b.Underground storage tanks exempted from this Regulation under §§ 1.4(D), 1.11(B)(1) through (4) of this Part shall not be eligible.
6.Any costs incurred as a result of a release from a UST or UST system that is not registered pursuant to this Part or determined not to be in compliance with this Part as of the date the release was discovered, shall not be eligible for reimbursement from the fund. Should the UST or UST system come into compliance, however, said costs may become eligible for reimbursement. The claimant must be in compliance with all requirements of this Part, including but not limited to: requirements for registration, proper installation, spill containment, line leak detection, corrosion protection, leak detection, tank tightness testing, inventory control, closure and leak or spill reporting.
C.Owner/Operator Notification
1.The Department will inform owners/operators of USTs or UST systems subject to financial responsibility requirements about the existence and functioning of the fund when a release from their UST or UST system is reported to the Department pursuant to this Part.
D.Fund Procedures
1.Initial Application
a.Upon discovery of a release, notification to the Department, and expenditure or anticipated expenditure by the claimant of more than the deductible amount defined in § 1.9(D)(2) of this Part, or upon entry of a final judgment for bodily injury or property damage resulting from a third party claim, or in furtherance of an approved settlement of a third-party claim for bodily injury or property damage resulting from a release, a claimant may file an initial application with the Department.
b.Initial and subsequent applications for reimbursement from the fund shall be made to the Department on forms developed by or on behalf of the Department.
2.Deductible
a.Effective with the promulgation of this Part, claimants shall pay a deductible of $20,000 in eligible expenses unless the Department compliance determination indicates a lesser amount is owed.
3.Compliance Determination
a.Upon receipt of an initial fund application, the Department shall review its records to determine whether the UST or UST system responsible for the release had a valid registration certificate and was in compliance with this Part as of the date that the release was discovered. UST systems that are not in substantial compliance or have an unresolved Letter of Responsibility, Letter of Non-Compliance, Notice of Intent to Enforce, Notice of Violation, Notice of Intent to Prohibit Delivery, or Delivery Prohibition at the time of the release or discovery of release are not eligible for reimbursement from the UST Financial Responsibility Fund.
b.The Department shall notify the claimant of its status of determination within 30 days of receipt of the initial application. The Department may place restrictions on eligibility as pursuant to its compliance determination.
4.Reimbursement
a.Supplemental Claim Submittals
(1)All supplemental claims, or requests for reimbursement submitted after the initial application, shall be subject to the quarterly reimbursement deadlines as set forth by the Department. These deadlines will be scheduled annually and be made available to claimants on the Department’s website.
(2)All costs associated with a request for reimbursement must be submitted within 24 months after having been incurred, provided however, that the cost is not the subject of a legal dispute. For purposes of this Section, the date on which costs were incurred shall be the original invoice date. In the event the cost is a subject of a legal dispute, the claimant shall notify the fund of said dispute by filing a signed affidavit within 24 months of the onset of the dispute. The affidavit shall include the nature of the dispute and shall name any counsel representing the parties to the dispute. No action shall be taken by the fund, concerning the specific claim, until such time as the dispute is resolved and the fund receives a copy of any decision rendered by a court or arbitrator or settlement agreement.
(3)A claimant may not submit a supplemental claim for any individual site with a total less than $5,000.00 of costs related to eligible cleanup activities. However, if a site incurs less than $5,000.00 in related costs in one calendar year, the claimant may submit a single supplemental claim with no established minimum amount at the next quarterly deadline.
(4)The final claim submitted for reimbursement may be of any total amount. The submission must clearly be marked as the Final Request for Reimbursement. No additional claims for the specific release will be accepted. Future claims for the site shall be considered a new release and will be subject to all aspects of establishing compliance and demonstrating the deductible.
b.Claim Approvals, Modifications, or Denials
(1)Within 90 days following the scheduled quarterly deadline dates, the Department shall approve, modify or deny the requests for reimbursement. The Department may order technical and/or financial audits as deemed necessary.
(2)Claimants shall be notified via documentation that shall separately list the eligible costs to be reimbursed from the fund and/or those costs, expenses and other obligations denied reimbursement.
(3)If the Department review of a claim determines that additional information or backup documentation is needed to approve eligible costs, the claimant shall be notified and will not receive reimbursement for that quarterly submittal. The claimant must submit this additional information or documentation by the next quarterly deadline and may only resubmit the claim with backup documentation once.
c.Fund Disbursements
(1)The Department shall consider requests for reimbursement from the fund in the order received and shall authorize disbursements accordingly, except in cases where the Director, in their discretion, determines that a particular situation warrants priority.
(2)The Department reserves the right to determine allowable reimbursements for reasonable and appropriate eligible costs, and such allowable claims shall be reimbursed at a rate of 100% over a time period(s) determined by the Department subject to deductible limits and the provisions of R.I. Gen. Laws Chapter 46-12.9 and further subject to the availability of funds.
5.Cost Recovery
a.The Department may access the fund at its discretion to carry out investigative or corrective action activities at sites contaminated by petroleum releases from USTs. The Department may proceed to recover the costs incurred in carrying out these investigative and corrective action activities from the responsible party under the authority of R.I. Gen. Laws §§ 23-19.14-6 and 23-19.14-13, and in accordance with the Rules and Regulations for Assessment of Administrative Penalties, Part 130-00-1 of this Title.
E.Third Party Claims
1.A third-party claim may be submitted to the Department either in the form of a final judgment or a settlement, or request for settlement.
a.Within 120 days from the entry of final judgment, a claimant shall submit an initial application for reimbursement to the Department. The initial application for reimbursement shall be reviewed for a finding of eligibility pursuant to § 1.9(B) of this Part.
b.When a claim is submitted to the Department in the form a final judgment, the Department shall determine what costs of said judgment are relative to bodily injury and property damage upon recommendation of the staff.
c.When a claim is submitted to the Department with a settlement or request for settlement, said request shall be reviewed under a policy and procedure adopted by the Department, placed on file at the Department. Final approval of claims shall be by the Department.
F.Private Insurance Coverage
1.There shall be no right of recovery against the fund for payments made under other insurance.
2.Costs must be submitted to the private insurer until the limits of coverage are met.
a.If a private insurer denies payment of cleanup costs as not payable within the limits of coverage, a claimant may submit these denied costs to the fund for Department review.
b.When the limits of coverage are met, the claimant may submit reimbursement requests for any additional or ongoing cleanup costs.
G.Recordkeeping
1.A claimant shall keep all records relating to requests for reimbursement for at least three years from the date of final reimbursement or otherwise disposed of by the Department.
H.False Statements
1.Any person making false or misleading statements on any such application or other form to be submitted to the Department may be denied reimbursement from the fund.
I.Right to Financial Audits
1.To be eligible for reimbursement from the fund, a claimant shall allow the Department or its designee, in its sole discretion, to perform financial audits of all records pertinent to site clean-up to ensure compliance with this rule and to certify eligible remedial costs.
2.The Department reserves the right to pursue cost recovery if financial audits reveal discrepancies that resulted in overpayment of eligible remedial costs to the claimant.
J.Severability
1.If any of the provisions of this Regulation of the applicability thereof is held invalid by any court or competent jurisdiction, the remainder of these provisions of this Regulation shall not be affected hereby.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.10** Minimum UST Operation and Maintenance Requirements {#sec-250-ricr-140-25-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.10}
A.Applicability
1.This Section shall apply to all existing UST systems, with the exception of those systems storing heating oil of any grade for on-site consumption solely for heating purposes which are exempt from § 1.10(C), (D), (E), (G), (I), (J), (M), (N), (O), (T), (U) of this Part. UST systems storing heating oil of any grade for on-site consumption solely for heating purposes at residential properties with less than 3 units are also exempt from § 1.10(F)(4) of this Part.
B.General Operations and Maintenance
1.All USTs shall be maintained and operated by trained personnel and in compliance with applicable national codes of practice, including but not limited to: "Bulk Liquid Stock Control at Retail Outlets", incorporated above at § 1.3(T) of this Part; "Management of Underground Petroleum Storage Systems at Marketing and Distribution Facilities", incorporated above at § 1.3(U) of this Part; "Code for Motor Fuel Dispensing Facilities and Repair Garages", incorporated above at § 1.3(X) of this Part; "Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment", incorporated above at § 1.3(Z) of this Part; "Recommended Practices for the Inspection and Maintenance of UST Systems", incorporated above at § 1.3(AA) of this Part; and "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities", incorporated above at § 1.3(BB) of this Part.
2.Facilities subject to leak detection requirements shall prominently post or provide in a location readily accessible to the facility staff emergency response procedures, including instructions on responding to alarms, releases, spills, and other abnormal events, and include current contact information for the Class A and B operator or a 24-hour call center or spill response hotline.
3.Facilities subject to inventory recordkeeping requirements shall comply with § 1.13(B) of this Part.
4.Compatibility
a.The filling of a UST system and storage of any regulated substance which exceeds 10% ethanol or 20% biodiesel is prohibited without prior written notification to, and approval from, the Department. The owner/operator shall not introduce, or allow to be introduced, any material into a UST system that is incompatible with the UST system.
b.The owner/operator shall demonstrate compatibility of the UST system (including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment) by using one of the following options:
(1)Certification or listing of UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored.
(2)Equipment or component manufacturer approval. The manufacturer's approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or component is compatible with, and be from the equipment or component manufacturer.
(3)Another method of demonstrating compatibility approved by the Director.
5.Correct Filling Practices
a.All UST facilities shall establish procedures for determining the available storage capacity of each of its tanks and shall comply with those procedures and communicate the available capacity to delivery personnel before allowing any product to be delivered to the facility’s tank(s). Facilities shall also establish procedures to monitor deliveries to prevent tank overfills and product spills.
b.The UST system must be monitored at all times during a delivery to ensure that there are no leaks, releases, malfunctions, or hazardous situations developing and the deliverer must be able to immediately stop the flow of fuel in the event of a malfunction or release. The amount of the fuel delivery should be known in advance based upon the maximum amount of usable space remaining in each UST and the amount of fuel delivered should never exceed the ullage volume of the UST. The volume of fuel delivered must be carefully monitored and the deliverer should not rely on the overfill protection device to alert them to stop the delivery.
6.Above-Ground Components
a.All above-ground sections of the UST system, including dispensers, nozzles, dispenser hoses, above-ground fills, and vent lines, shall be routinely inspected for evidence of excessive wear, degradation, damage, or release.
(1)All dispenser hoses must be adequately supported and shall not make contact with the ground when not in use.
(2)Any component which shows excessive wear, damage, or evidence of release must be taken out of service until repaired or replaced.
(3)All dispenser hose breakaway devices must be inspected monthly. Any dispenser hose breakaway device which shows evidence of damage, malfunction, product release, must be immediately replaced. Any breakaway device which has been activated or otherwise separated must be replaced unless the manufacturer explicitly allows re-assembly and re-use after activation.
C.Facility Compliance - Environmental Results Program
1.The Environmental Results Program (ERP) is a mandatory facility compliance inspection program. Owners/operators shall ensure that their facilities comply with this Regulation by conducting their own inspections and certifying their compliance by completing and submitting a Compliance Certification Checklist & Forms Booklet (the “ERP Certification Booklet”).
a.At least every three years, the Department will issue an ERP Certification Booklet to all operating UST facilities. The ERP Certification Booklet will include the following:
(1)Non-Applicability Statement;
(2)Compliance Certification Checklist;
(3)Certification Statement;
(4)Return to Compliance Form.
b.Along with the ERP Certification Booklet, the Department will also issue an ERP Compliance Certification Workbook (the “ERP Workbook”). The ERP Workbook will provide guidance to owners/operators regarding the performance of their ERP inspection and instructions for completing and submitting the ERP Certification Booklet.
c.Owners/operators shall return the completed ERP Certification Booklet to the Department within the time frame specified by the Director.
d.Neither the ERP Certification Booklet nor the ERP Workbook shall be construed to be a substitute for, or to waive, replace or supersede the requirements of this Regulation. In the event of any conflict between this Regulation and the ERP Certification Booklet or the ERP Workbook, this Regulation shall prevail.
e.Neither the ERP Certification Booklet nor the ERP Workbook shall be construed to be an exhaustive compliance review. The Department reserves the right to target specific compliance issues through the ERP certification process without waiving any of the other requirements of this Regulation.
f.Compliance with the ERP requirements contained in this rule shall not limit the Director’s right to inspect any UST facility and its records at any reasonable time, with or without notice.
g.Nothing in this rule shall be construed to prohibit the Director from issuing ERP Certification Booklets more often than every three years. The Director may also issue ERP Certification Booklets to all UST facilities, individual UST facilities or targeted groups of UST facilities.
D.Mandatory Deadline for Permanent Closure of Single-Walled UST Systems (Tanks and/or Piping)
1.All existing tank and product pipeline and associated systems without secondary containment shall be permanently closed as follows:
a.With the exception of UST systems that store fuel oil of any grade that is consumed on-site solely for heating purposes, all single-walled tanks and/or piping installed prior to May 8, 1985 shall be permanently closed by December 22, 2017.
b.With the exception of UST systems that store fuel oil of any grade that is consumed on-site solely for heating purposes, all single-walled tanks and/or piping installed between May 8, 1985 and July 20, 1992 shall be permanently closed within thirty-two (32) years of the date of installation. If the installation date is not known, all single-walled USTs and/or piping must be permanently closed immediately.
E.Corrosion Protection
1.Except as provided in § 1.10(A) of this Part, the owners/operators of existing UST facilities shall have provided for corrosion protection of all unprotected steel tanks and metallic piping no later than December 22, 1998. Facilities shall have provided for corrosion protection by either:
a.Closing all tank systems which did not meet corrosion protection standards, and installing new or replacement tanks and piping which comply with § 1.11 of this Part.
b.Installation of an approved cathodic protection system to provide adequate corrosion protection for all existing tanks and piping.
2.Interior lining is no longer accepted as a method of corrosion protection. However, USTs lined prior to the effective date of this Regulation are required to be inspected as follows:
a.Within 10 years after lining, and every five years thereafter, the lined tank shall be internally inspected in accordance with the standards for "Entry, Cleaning, Interior Inspection Repair and Lining of Underground Storage Tanks" incorporated above at § 1.3(S) of this Part and with "Interior Lining and Periodic Inspections of Underground Storage Tanks", incorporated above at § 1.3(R) of this Part. Follow-up internal inspections of lined tanks are not required when the tank has external cathodic protection meeting the requirements of § 1.10 of this Part.
b.Any pitting, tearing, discoloration, failure to adhere to the tank structure, or other damage shall be considered a lining failure. The USTs must be removed from service and permanently closed within 90 days.
c.Failed lining inspections must be reported to the Department by the inspector within 24 hours and the final report/results are to be submitted within 30 calendar days.
d.Records of all tank lining inspections are required to be permanently kept in accordance with § 1.13(B)(1)(a) of this Part.
3.All cathodic protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank system that contains regulated substances and is in contact with the ground.
4.All UST systems equipped with cathodic protection must be inspected and tested for proper operation by a qualified cathodic protection tester in accordance with the following requirements:
a.All impressed current cathodic protection systems must be surveyed within six months of installation or repair, at least every two years following the installation date, and whenever construction or maintenance within 10 feet of any UST component, structure, or impressed current component or cabling occurs. The operational survey should include the following:
(1)A minimum of three measurements of anode-to-structure resistance and structure-to-electrolyte resistance for each protected component;
(2)A minimum of three measurements of structure-to-reference electrode potentials at all test stations (perform testing to verify structure polarization in accordance with the standards set forth in "Control of External Corrosion on Underground or Submerged Metallic Piping Systems" incorporated above at § 1.3(N) of this Part or "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection", incorporated above at § 1.3(P) of this Part);
(3)Verification of the accuracy of the display module readings;
(4)Adjustment of rectifier as required;
(5)Submission of written report of findings, to be kept in accordance with the permanent recordkeeping requirements cited in § 1.13(B)(1)(a) of this Part.
5.All sacrificial anode (galvanic or sti-P3) systems must be tested within six months of installation or repair, at least every three years following the installation date, and whenever construction or maintenance in the area of the structure occurs, in order to determine that the tank-to-soil potential reading relative to copper is – 850 millivolts or more negative. A minimum of three measurements for each protected component is required.
6.The criteria used to determine whether a cathodic protection system provides adequate cathodic protection must be in accordance with a nationally recognized code of practice, including but not limited to: "Standard for Safety External Corrosion Protection Systems for Steel Underground Storage Tanks, 3rd Editions", incorporated above at § 1.3(M) of this Part; "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", incorporated above at § 1.3(N) of this Part; "Control of External Corrosion on Underground or Submerged Metallic Piping Systems", incorporated above at § 1.3(O) of this Part; "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection", incorporated above at § 1.3(P) of this Part; and "Recommended Practice for the Addition of Supplemental Anodes to sti-P3 USTs", incorporated above at § 1.3(Q) of this Part.
7.All data collected during the cathodic protection survey, as well as the final result must be submitted by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. Any survey which shows that components are not receiving adequate corrosion protection must be reported to DEM within 24 hours. Submittals containing missing, incorrect, or falsified information, or results which do not follow the correct methods, will not be accepted and will invalidate the results of the test.
8.USTs with impressed current cathodic protection systems must also be inspected every 60 days by the owner/operator or designee to ensure the equipment is running properly. The following tasks must be performed:
a.Read and record the rectifier DC current output;
b.Read and record the rectifier DC voltage output;
c.Inspect the rectifier for physical damage.
9.For UST systems using cathodic protection, records of the operation, repair and testing of the cathodic protection system must be permanently kept in accordance with § 1.13(B)(1)(a) of this Part.
10.Cathodic protection systems shall not be shut off or deactivated at any time except for repair. Any malfunction must be repaired within 30 days of the first occurrence. If the device cannot be repaired within 30 days, then the affected UST system(s) shall be temporarily closed in accordance with § 1.15(C) of this Part until satisfactory repairs are made. Any cathodic protection systems which is unable to be repaired or has not been repaired within 180 days of any failed survey or test date will require the UST to be permanently closed in accordance with § 1.15(D) of this Part. Any deactivation or failure of a corrosion protection system shall be reported within 24 hours to the Department by the owner/operator or designee by calling (401) 222-2797.
11.Repairs to or replacements of existing UST cathodic system components, including the addition of supplemental anodes, require prior approval from the Department and shall be performed in accordance with "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection", incorporated above at § 1.3(P) of this Part and/or the "Recommended Practice for the Addition of Supplemental Anodes to sti-P3 USTs", incorporated above at § 1.3(Q) of this Part . A report detailing the type and extent of work shall be submitted to the Director within thirty days of work completion.
F.Leak Detection for Existing Tanks - Except as provided in this Section, owners/operators of all existing facilities shall comply with the applicable leak detection requirements:
1.Double-Walled USTs - The following requirements apply to all double-walled USTs except those used for heating fuels for on-site use, emergency generators and waste oil/motor oil. See § 1.10(F)(4) through (6) of this Part for requirements for heating fuel, emergency generator and waste oil/motor oil USTs, respectively.
a.Interstitial space electronic monitoring system consistent with the requirements in §§ 1.11(N) and (O) of this Part shall be installed and operational at all times.
b.Double-walled USTs with a brine solution or other inert liquid in the interstitial space are not required to be routinely tested for tightness and instead shall be continuously monitored for a change in fluid level in the reservoir and interstice. Any abnormal change in the brine or inert fluid in the interstitial and/or annular space shall must be immediately investigated and resolved. Any unresolved changes to the brine or inert fluid must be reported to DEM within 24 hours by calling (401) 222-2797.
c.A test for tightness on all USTs with a “dry” interstitial and/or annular space shall be performed when the tank has been installed for a period of twenty years, and once every two years thereafter.
d.Interstitial space testing methods shall be consistent with the tank manufacturer’s protocol or an alternative method approved by the Director.
e.Tightness tests shall be conducted in accordance with the requirements of § 1.10(H) of this Part.
f.If the results of an interstitial space tightness test are fail, then the owner/operator must have the primary wall tightness tested within 48 hours.
(1)If the primary tank is demonstrated as being tight, any product remaining in the tank may be consumed for up to 30 days, and no additional product may be added until the tank has been repaired and passed a final tightness test
(2)If the primary wall is unable to be tested or fails tightness testing, the UST must be taken out of service and the contents of the tank must be removed within 24 hours. The tester who performed the test must immediately notify DEM by calling (401) 222-2797
(3)Within 30 days and prior to the addition of any product to the tank, a repaired UST must undergo an additional interstitial tightness test to confirm the tanks has been adequately repaired.
(4)All failed USTs must be repaired or replaced within 60 days in accordance with § 1.12 of this Part or placed into temporary closure in accordance with § 1.15(C) of this Part.
g.Test results are to be maintained at the facility at all times as permanent records in accordance with § 1.13(B)(1)(a) of this Part.
2.Single-Walled USTs - Leak detection requirements as follows:
a.Operate an approved automatic tank gauging system that tests for loss or gain of the contents stored, and is consistent with the requirements in § 1.11(D) of this Part.
b.Perform a leak test capable of detecting a leak rate of 0.2 gallons per hour or less at least once per month. For manifolded USTs a leak test is required for each tank separately (or a continuous statistical leak detection system certified for manifolded tank applications and meeting U.S. E.P.A. performance standards can be used). All leak test results shall be maintained in accordance with § 1.13(B)(1)(b) of this Part.
c.Perform daily and monthly inventory recordkeeping consistent with § 1.13(C) of this Part. Inventory records are required to be maintained on-site at all times in accordance with § 1.13(B)(1)(b) of this Part.
d.Perform a tank tightness test annually and in accordance with the requirements of § 1.10(H) of this Part.
3.Single-Walled USTs Upgraded with Interior Lining and/or Cathodic Protection - Leak detection requirements as follows:
a.Install and operate an approved automatic tank gauging system that tests for loss or gain of the substance stored and is consistent with the requirements in § 1.10(M) of this Part.
b.Perform a leak test capable of detecting a leak rate of 0.2 gallons per hour or less at least once per month. For manifolded USTs a leak test is required for each tank separately (or a continuous statistical leak detection system certified for manifolded tank applications and meeting U.S. E.P.A. performance standards can be used). All leak test results shall be maintained in accordance with § 1.13(B)(1)(b) of this Part.
c.Perform daily and monthly inventory recordkeeping consistent with § 1.13(C) of this Part. Inventory records are required to be maintained in accordance with § 1.13(B)(1)(b) of this Part.
d.Perform a tank tightness test annually and in accordance with the requirements of § 1.10(H) of this Part.
4.Heating Oil USTs
a.UST facilities with single-walled USTs containing heating oil of any grade consumed solely on-site for heating purposes at commercial or industrial facilities are required to undergo tightness testing according to the following schedule:
(1)USTs installed prior to 12/31/1970 must be tested prior to 12/31/2021 and every 5 years thereafter
(2)USTs installed between 1/1/1971 - 12/31/1980 must be tested prior to 12/31/2022 and every 5 years thereafter
(3)USTs installed between 1/1/1981 - 12/31/1990 must be tested prior to 12/31/2023 and every 5 years thereafter
(4)USTs installed between 1/1/1991 - 12/31/2000 must be tested prior to 12/31/2025 and every 5 years thereafter
(5)USTs installed between 1/1/2001 - 12/31/2010 must be tested prior to 12/31/2027 and every 5 years thereafter
(6)USTs installed after 1/1/2011 must be tested when they reach 30 years of age and every 5 years thereafter
(7)For USTs where the installation date is unknown, the USTs must be tested prior to December 31st, 2021 and every five years thereafter.
(8)In the event a UST is constructed of concrete and is unable to be tightness tested using approved methods, a subsurface investigation shall be conducted on the same schedule outlined in § 1.10(F)(4)(a) of this Part.
b.UST facilities with double-walled USTs with a dry interstitial space that contain heating oil of any grade are required to undergo an interstitial tightness test once the tanks have been installed for a period of 30 years and every five years thereafter unless they are equipped with an interstitial space monitor
(1)For USTs where the installation date is unknown, the UST(s) must be tested prior to December 31st, 2021and every five years thereafter.
c.Double-walled USTs with a brine solution or other inert liquid in the interstitial space are not required to undergo interstitial tightness testing as long as the interstitial space is continuously monitored for a change in fluid level via approved leak detection equipment.
d.Tightness tests shall be conducted in accordance with the requirements of § 1.10(H) of this Part.
5.Emergency Generator and Generator USTs
a.USTs serving an emergency generator, and/or USTs whose stored substance serves both an emergency generator and an on-site boiler, shall comply with leak detection requirements as follows:
(1)Single-walled USTs used for emergency generators are required to undergo tightness testing biennially (e.g., once every two years).
(2)Single-walled USTs are required to install and operate an approved automatic tank gauging system that tests for loss or gain of the contents stored, and is consistent with the requirements in § 1.10(M) of this Part.
(3)Double-walled USTs shall be equipped with a continuous interstitial space electronic monitoring system consistent with the requirements in §§ 1.11(N) and (P) of this Part.
(4)Double-walled USTs with a brine solution or other inert liquid in the interstitial space are not required to undergo interstitial tightness testing as long as the interstitial space is continuously monitored for a change in fluid level via approved leak detection equipment.
(5)All double-walled USTs used for emergency generators with a dry interstitial space are required to undergo an interstitial tightness test once the tanks have been installed for a period of 30 years and every two years thereafter.
(6)Tightness tests shall be conducted in accordance with the requirements of § 1.10(H) of this Part.
(7)If the results of an interstitial space tightness test are fail then the owner must have the primary wall tightness tested within 48 hours. If the primary tank is demonstrated as being tight, the UST shall be repaired within 60 calendar days and in accordance with § 1.12 of this Part. Any product remaining in the tank must be consumed or removed within 30 days, and no additional product may be added. If the primary wall is unable to be tested or fails tightness testing, the contents of the tank must be removed within 24 hours. Within 30 days and prior to the addition of any product to the tank, a repaired UST must undergo an additional interstitial tightness test to confirm the tank has been adequately repaired. If the UST is unable to be repaired within 60 days and in accordance with § 1.12 of this Part, the UST must be permanently or temporarily closed in accordance with § 1.15(D) of this Part. Variances to allow single-wall operation are not permitted.
b.Diesel generator USTs used for the production of commercial electricity are regulated in accordance with §§ 1.10(F)(1) and 1.10(F)(2) of this Part.
6.Waste Oil USTs and Motor Oil USTs - UST’s used to store waste oil or motor oil shall comply with leak detection requirements as follows:
a.Double-walled USTs shall be equipped with a continuous interstitial space electronic monitoring system consistent with the requirements in §§ 1.11(N) and (P) of this Part. A test for tightness on the interstitial space between the tank’s walls shall be performed when the tank has been installed for a period of 30 years and every two years thereafter, in accordance with § 1.10(F)(1) of this Part.
b.Double-walled USTs with a brine solution or other inert liquid in the interstitial space are not required to have this test performed and instead shall be continuously monitored for a change in fluid level in the reservoir and interstice.
c.Single-walled USTs with a capacity greater than 2,000 gallons shall comply with the following requirements:
(1)Install and operate an approved automatic tank gauging system that tests for loss or gain of the contents stored and is consistent with the requirements in § 1.10(M) of this Part.
(2)Perform a leak test capable of detecting a leak rate of 0.2 gallons per hour or less at least once per month. For manifolded USTs a leak test is required for each tank separately (or a continuous statistical leak detection system certified for manifold tank applications and meeting U.S. E.P.A. performance standards can be used). Leak test results shall be maintained in accordance with § 1.13(B)(1)(b) of this Part.
(3)Perform a tank tightness test at five year intervals once a monitoring device has been installed, until such time as the tank has been installed for a period of twenty years; thereafter, tank tightness tests shall be conducted once every two years. Single-walled tanks that have been installed for a period of 30 years shall have a tightness test performed annually beginning in 2015, and all single-walled tanks shall be permanently closed in accordance with the schedule outlined in § 1.10(D) of this Part. Tank tightness tests shall be consistent with § 1.10(H) of this Part.
d.Single-walled USTs with a capacity of less than or equal to 2,000 gallons shall comply with either § 1.10(F)(6)(c) of this Part or with the manual tank gauging and tightness testing requirements listed below:
(1)Perform an annual tank tightness test consistent with § 1.10(H) of this Part.
(2)Perform inventory recordkeeping and leak reporting as follows:
(A)Once a week take the tank out of service for a period of 36 hours.
(B)Take liquid level measurements before and after the 36-hour shut down period.
(C)Once a month reconcile your 4 weeks of data in accordance with the Department's Manual Tank Gauging Record Sheet.
7.Heating Oil USTs Used for Off-Site Consumption
a.UST systems storing heating oil of any grade that is consumed off-site shall comply with the leak detection requirements outlined in §§ 1.10(F)(1) through (3) of this Part.
G.Leak Detection for Product Pipelines
1.Except as provided in § 1.10 of this Part, all UST facility owners/operators shall ensure that all existing product pipelines associated with their UST facilities are compliant with the following requirements. Product pipelines that are contained inside a trench or trough (e.g. “Fiber-Trench”) shall be considered single-walled.
2.Double-Walled Product Pipelines
a.All double-walled product piping shall be equipped with continuous electronic interstitial or annular space monitoring that is consistent with §§ 1.11(N) and (P) of this Part.
b.Tightness testing of the interstitial or annular spaces of double-walled product piping is required as follows:
(1)A test for tightness on the interstitial space shall be performed upon installation and when the piping system has been installed for a period of twenty years, and once every two years thereafter.
(2)Interstitial space testing shall be consistent with the piping manufacturer’s protocol or an alternative recognized method approved by the Director.
c.Tightness tests shall be conducted in accordance with the requirements of § 1.10(H) of this Part.
d.If the results of an interstitial space tightness test are fail, however there is no evidence of a release, the owner shall have the primary product pipeline wall tested for tightness within 48 hours
(1)If the primary product pipeline wall is demonstrated as being tight, any product remaining in the failed product pipeline and all directly-connected USTs that the product pipeline services may be consumed for no longer than 30 days. Additional product may not be added to any UST which services the failed product pipeline until the pipeline has been repaired or replaced in accordance with § 1.12 of this Part and passed a final tightness test and demonstrated to be tight.
(2)Within 30 days of a repair and prior to placing the piping system back into regular operation, any repaired product pipeline shall be retested.
(3)All product pipeline interstitial space tightness test reports shall be maintained by the owner/operator on-site at all times as permanent records in accordance with § 1.13(B)(1)(a) of this Part.
(4)If the primary wall of the product pipeline is unable to be tested or fails tightness testing, the tester must immediately notify DEM and the owner shall immediately take the failed product line out of service and evacuate its contents. Additional product may not be added to any UST which services the failed product pipeline until the pipeline has been repaired or replaced in accordance with § 1.12 of this Part and passed a final tightness test and demonstrated to be tight.
(5)All failed product pipelines must be repaired or replaced within 60 days in accordance with § 1.12 of this Part or placed into temporary closure in accordance with § 1.15(C) of this Part.
3.Single-Walled Product Pipelines
a.All single-walled product pipeline, including pressurized, U.S. suction, and European suction, shall be tested for tightness by a 3rd party licensed tightness tester upon installation and then annually thereafter.
b.Product pipeline tightness tests shall be consistent with § 1.10(H) of this Part.
c.Electronic line leak detectors that are third-party certified to meet U.S. E.P.A. performance standards may be used to satisfy § 1.10(G)(3)(a) of this Part. Such equipment shall be utilized to perform a 0.1 gallon-per-hour precision test at least once per year at full pump pressure. All 0.1 gallon-per-hour precision test reports shall be maintained as permanent records in accordance with § 1.13(B)(1)(a) of this Part. All failed tests shall be immediately reported to the Director by the tester in accordance with § 1.14 of this Part. Electronic line leak detectors shall also be tested annually for proper operation by qualified personnel certified by the manufacturer and in accordance with § 1.10(I) of this Part.
d.Alternative leak detection methods for product pipelines that are equivalent in accuracy and reliability to the methods listed may be approved by the Director pursuant to § 1.20 of this Part.
H.Tank, Product Pipeline, and Interstitial Space Tightness Testing Requirements - Tank, product pipeline, and interstitial tightness testing shall be consistent with the following:
1.Tightness test methods shall be capable of detecting a 0.1 gallon-per-hour leak rate from the entire tank system, while accounting for the effects of thermal expansion or contraction of product, vapor pockets, tank deformation, evaporation, condensation and the location of the water table. The probability of detection shall be no less than 95 percent and the probability of a false alarm shall be no more than five percent.
2.All persons who conduct tightness tests on underground storage tanks located in the State of Rhode Island are required to be licensed in accordance with § 1.16 of this Part.
3.The 3rd party licensed tester and/or the licensed testing company performing the test is solely responsible for submitting all data collected during the tightness test, including final test results, to the Department
4.The test data and final results must be recorded on the DEM-provided form and submitted by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will be deemed a violation of this Regulation.
5.If the results of the tightness test are fail the tester must immediately report the failed result to DEM by calling (401) 222-2797.
6.In addition to the reporting requirements of § 1.10(H)(4) of this Part, a release characterization report shall be submitted by the owner/operator within seven days for test results which are fail.
7.The testing company shall notify the Department of the date that the testing will be conducted at least seven days in advance.
8.Failure of the licensed tightness tester to comply with these rules will make the tester, and the company that employs the tester, jointly and severally liable for any penalty assessed by the Department against the owner/operator for the late filing or failure to file the results of these tests and may subject the tester and/or company to penalties under § 1.16(E) of this Part.
9.UST, product pipeline, and interstitial space tightness test reports are to be maintained on-site as permanent records in accordance with § 1.13(B)(1)(a) of this Part.
I.Line Leak Detectors
1.All underground storage tanks at existing facilities that are equipped with pressurized product pipelines are required to be fitted with an approved line leak detector by May 8,1987. Line leak detectors shall be tested for proper operation by simulating a leak annually and upon installation/replacement by a trained, qualified 3rd party in accordance with the manufacturer’s requirements and procedures. Mechanical line leak detectors are required to be able to detect a leak = 3 GPH, while an electronic line leak detector is required to be able to detect a leak of = 0.1 GPH. “Failed” or defective line leak detectors shall be replaced immediately by trained, qualified persons. The operation of a pressurized product pipeline system with a defective or missing line leak detector is prohibited. All data collected during the test, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records, in accordance with § 1.13(B)(1)(a) of this Part.
J.Shear/Crash/Impact Valves
1.Remote pumping systems, including dispensers, shall be equipped with an emergency shut-off valve designed to close automatically in the event that a dispensing unit is significantly impacted or exposed to fire. The valves must be securely mounted below grade and in accordance with the manufacturers recommendations and requirements. The automatic closing feature of this valve shall be tested by manually tripping the hold-open linkage at the time of installation and at least annually thereafter. “Failed” or defective valves shall be replaced immediately by trained, qualified persons. Testing shall be performed by the owner/operator or trained, qualified persons. All data collected during the test, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system owner/operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records, in accordance with § 1.13(B)(1)(a) of this Part. Any modifications must be consistent with § 1.11(M)(5) and 1.11(O)(6) of this Part.
K.Anti-Siphon Valves
1.When an underground storage tank is located at an elevation that produces a gravity head on the dispensing unit, the tank outlet shall be equipped with a device (such as a solenoid valve) that will prevent gravity flow from the tank to the dispenser. This device shall be positioned, installed and adjusted so that liquid cannot flow by gravity from the tank to the dispenser in the event of a pipeline or dispenser hose failure that occurs while the system is not in use.
L.Check Valves
1.Suction product pipeline systems shall be equipped with a functioning check valve located directly below, and as close as practical to, the inlet of the suction pump.
M.Operation and Testing of Leak Monitoring Equipment
1.Leak monitoring devices shall be installed, calibrated, operated and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running conditions.
2.Leak monitoring devices shall not be shut off or deactivated at any time except for repair. Any malfunction shall be repaired within 15 calendar days of its first occurrence. If the device(s) cannot be repaired within 15 days, then the affected system(s) shall be temporarily closed in accordance with § 1.15(C) of this Part until satisfactory repairs are made. The operator shall perform daily manual tank gauging and inventory recordkeeping in the event of a monitoring system malfunction or deactivation. Any deactivation of a monitoring device shall be immediately reported to the Director by the owner/operator.
3.Leak monitoring devices shall employ an audible alarm and a visual indicator, which shall be so located as to be readily heard and seen by the operator or other personnel during normal working hours. Covering or otherwise obstructing the view of a monitoring system console is prohibited. The owner/operator shall immediately respond to and investigate all alarms and warnings.
4.All monitoring devices shall be conspicuously marked or labeled as being monitoring devices and shall be secured against vandalism, incidental damage and improper deactivation.
5.All continuous monitoring systems and alarms (e.g., console) shall be checked for proper operation by the designated Class A or B UST facility operator on a monthly basis to ensure that they are operating as designed. Records of such tests shall be maintained by the owner/operator in accordance with §§ 1.10(U)(5)(k) and 1.13(B)(1)(b) of this Part. If the continuous monitoring system has a battery backup, it must be tested for proper operation on an annual basis.
6.Any facility that has a positive shut-down device or configuration which is designed to stop operation of the STP pump or dispensers when liquid is detected in a sump or other indicators of a release are detected, must be checked for proper operation annually by a qualified 3rd party. All positive shut-down triggers present at the site (e.g., liquid level sensor in sumps) must be activated by the tester to confirm the STP and/or dispensers are disabled as designed.
7.The automatic tank gauge (ATG) probe and sensors shall be removed and inspected for proper configuration and operation annually by a qualified 3rd party contractor.
8.All probes and sensors connected to the continuous monitoring system shall be inspected and tested for proper operation on an annual basis by a qualified 3rd party contractor. At a minimum, the following must be checked:
a.The probes and sensors are not coated with or contain significant residual buildup which may impede proper operation;
b.If floats are present, they move freely and the shaft is not damaged;
c.All cables are free of kinks, breaks, fraying, or other damage;
d.Communication and operability between the probes and sensors and the continuous monitoring system is intact.
9.All leak-monitoring devices shall be inspected, calibrated and tested annually to ensure effective operation that is consistent with the manufacturer’s specifications. Such testing shall be performed by trained, qualified persons and in accordance with the manufacturer’s requirements and specifications. All data collected during these tests, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system owner/operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records, in accordance with § 1.13(B)(1)(a) of this Part.
N.Spill Containment Basins, Sumps, Under-dispenser containment, and Overfill Prevention
1.Spill Containment Basins
a.All underground storage tanks are required to have liquid-tight spill containment basins around all fill pipes. Spill containment basins must be capable of holding a minimum of three gallons of liquid. Spill containment basins are required to be properly maintained, in good condition, and kept free of water, product, liquid or debris. Spill containment basins shall be inspected weekly and before and after deliveries.
b.Single-walled spill containment basins are required to be tested for tightness prior to October 13th, 2021 and a minimum of every three years thereafter using a method approved by the Director.
(1)Any single-walled spill containment basin which has failed tightness testing must repaired or replaced within 30 days. Single-walled spill containment basins shall not be repaired unless the manufacturer explicitly allows it, has an established procedure, and makes the repair materials and/or parts available. Ad hoc, repairs using unapproved components or materials, and other unauthorized repairs not explicitly allowed by the manufacturer are prohibited.
(2)Spill containment basin tightness test results must be submitted to DEM within 7 days of the failed test or within 30 days of a passing test.
c.Double wall spill containment basins must have an interstitial or annular space that can be continuously or periodically monitored for tightness using a method approved by the Director to be considered double walled. The interstitial or annular space must cover all underground portions of the spill containment basin.
(1)The interstitial space of double-walled spill containment basins must be inspected monthly by the “Class A”, “Class B”, or “Class A/B” operator to ensure the interstitial space is tight beginning October 13th, 2021 as part of the monthly inspections required by § 1.10(U)(5)(k) of this Part.
(2)If the monitoring device or 3rd party testing indicates the interstitial space is no longer liquid tight, the spill containment basin shall be considered single-walled and subject to the requirements of § 1.10(N)(b)
(3)If the interstitial monitoring device or additional testing indicates a failure, but either the primary or secondary wall remains liquid-tight, the spill containment basin may be regulated as single-walled and subject to the requirements of § 1.10(N)(1)(b) of this Part. The spill containment basin must be repaired in accordance with the manufacturers recommendations, or replaced, within 180 days.
(4)DEM must be notified within 24 hours of any spill containment basin interstitial monitoring device which indicates primary or secondary wall failure and prior to any replacement.
(5)All data collected during these tests, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system owner/operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records, in accordance with § 1.13(B)(1)(a) of this Part.
d.Double-walled spill containment basins that are not capable of interstitial space tightness monitoring or testing shall be regulated as single-walled and are subject to the requirements of § 1.10(N)(1)(b) of this Part and are required to undergo tightness testing every three years.
2.Overfill Prevention
a.All underground storage tanks at existing facilities required to be registered by this Regulation are required to have overfill prevention in accordance with § 1.11(L) of this Part, with the following exceptions:
(1)USTs used to store heating fuels consumed on-site solely for heating purposes and installed prior to July 21, 1992; and
(2)USTs that never receive more than 25 gallons at one time.
b.Overfill prevention equipment must be inspected and tested by October 13, 2021 and annually thereafter to ensure that overfill prevention equipment is set to activate at the correct level specified and will activate when regulated substance reaches that level.
(1)If an overfill alarm is present, it must be fully functional and visible from all product fill locations. The audible alarm and indicator light must be operational and be activated when product level reaches 90% of indicated capacity. The associated in-tank liquid level sensors must be removed annually and checked for proper operation.
(2)If a fill tube overfill prevention device (e.g., “Flapper Valve”) is present, it must be removed annually and inspected to ensure it is free from obstructions and that the float moves freely. The tube length and installation depth must be verified as correct such that it completely stops fuel flow when product level reaches 95% of tank capacity.
(3)If a flow restriction ball float vent valve is present, it must be removed annually and visually inspected to ensure that it is fully operational, free from obstructions, damage, or missing pieces. The device length and installation depth must be verified as correct such that it begins to restrict flow once the product level reaches 90% of indicated capacity. If a flow restriction ball float vent valve is damaged or otherwise non-functional, it must be removed and replaced with an alternative overfill prevention device. The flow restriction ball float vent valve may not be repaired or replaced for any reason as they are no longer accepted as an approved overfill prevention method for new installations or repairs as outlined in § 1.11(L) of this Part. When installing a new overfill protection device all components of the flow restriction ball float vent valve must be removed as they can interfere with the proper operation of the new overfill protection device.
(4)All data collected during these tests, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system owner/operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records in accordance with § 1.13(B)(1)(a) of this Part.
c.Within 30 days following any repair to overfill prevention equipment, the repaired overfill prevention equipment must be tested to ensure it is operating properly.
3.Sumps & Under-Dispenser Containment - All piping collection, tank top, and transition sumps and under-dispenser containment shall comply with the following requirements:
a.All sumps and under-dispenser containment shall be maintained such that all penetration fittings and entry boots are in good condition and free from cracking, dry rot, or other damage.
b.All sensors are secured in an upright position and located no more than one inch above the lowest point of the sump.
c.Sumps and under dispenser containment shall be visually inspected at least annually and whenever an alarm or warning from a leak monitoring device indicates the presence of product, water, or other liquids.
d.Single-walled sumps and under-dispenser containment that provide secondary containment and/or are used for interstitial monitoring of piping shall be tested for tightness prior to October 13th, 2021 and a minimum of every three years thereafter using a method approved by the Director.
(1)If a sump or under-dispenser containment fails a tightness test, all associated tanks, piping, or dispensers which rely upon that component for secondary containment monitoring or spill prevention must be immediately taken out of service and temporarily closed. The impacted UST components shall not be allowed to return to service until the sump or under-dispenser containment has been replaced or repaired and satisfactorily passed an additional tightness test.
(2)DEM must be notified within 24 hours of any failed tightness test and a leak characterization report filed if required by § 1.14(G) of this Part.
(3)Any repairs to sumps or under-dispenser containment must be completed in accordance with the manufacturers approved methods and materials or using best available technologies and materials and require prior approval from DEM. All materials used must demonstrate long-term compatibility with sump, under-dispenser containment, and tank and product pipeline construction materials as well as rated for continuous use in the presence of gasoline, diesel, kerosene, ethanol, biodiesel, and all grades of heating fuel.
(4)Any repaired or replaced sumps and under-dispenser containment basins must be tested using an approved tightness testing method prior to being returned to service, and the facility owner must receive written permission from DEM prior to placing product into the UST system and returning to service.
(5)All data collected during these tests, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system owner/operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records, in accordance with § 1.13(B)(1)(a) of this Part.
e.Double-walled sumps and under-dispenser containment that provide secondary containment and/or are used for interstitial monitoring of product pipeline must meet the following requirements:
(1)Double-walled sumps and under-dispenser containment which have interstitial monitoring using a method approved by the Director must have the interstitial space inspected by the Class A/B operator prior to October 13th, 2021 and monthly thereafter as part of the monthly UST facility walkthrough inspection.
(2)Double-walled sumps and under-dispenser containment which do not have periodic interstitial monitoring completed at least every 30 days must undergo an interstitial space tightness test prior to October 13th, 2021 performed by a qualified 3rd party using a method approved by the Director and every 3 years thereafter.
(3)If the installed interstitial space monitoring device or additional testing indicates a failure of the interstitial space tightness, then the sump or under-dispenser containment, and all components which rely on it for spill prevention or leak detection, must be immediately taken out of service.
(4)If the interstitial monitoring device or additional testing indicates failure of the secondary wall, but the primary wall remains liquid-tight, the sump or under-dispenser containment may be regulated as single-walled and is subject to the requirements of § 1.10(N)(3)(d) of this Part. Double-walled sumps or under-dispenser containment without the ability the test the interstitial space for tightness shall be regulated as single-walled and are subject to the requirements of § 1.10(N)(3)(d) of this Part and are required to undergo tightness testing prior to October 13th, 2021 and every three years thereafter. A variance from DEM is required prior to commencing operation under these conditions.
(5)DEM must be notified within 24 hours of any failed sump or under-dispenser containment tightness test and must approve all repairs and returning the repaired sump to service.
(6)All data collected during these tests, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system owner/operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records, in accordance with § 1.13(B)(1)(a) of this Part.
f.Installation of Under Dispenser Containment
(1)Replacement or removal of the dispenser, replacement or repair of the product pipeline or UST shall require installation of liquid-tight under-dispenser containment at every dispenser if not already present. Installation of under-dispenser containment must be consistent with § 1.11(M)(5) of this Part.
(2)All dispensers at facilities requiring leak monitoring shall be required to have liquid-tight under dispenser containment prior to December 31st, 2024.
(3)All under dispenser containment shall be tested for tightness in accordance with § 1.10(N)(3) of this Part.
O.Submerged Fill Tube
1.Except as provided in § 1.10(A) of this Part, all USTs are required to be equipped with a submerged fill tube.
P.Fill Pipe Labeling
1.All fill pipes and/or fill box covers shall be permanently labeled or otherwise permanently marked, so that the product inside the tank is identified. Standards set forth in "Using the API Color- Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals, 3rd Edition", incorporated above at § 1.3(V) of this Part may be used to satisfy this requirement.
Q.Groundwater Monitoring Wells and UST Pad Observation Wells
1.All groundwater monitoring wells and tank pad observation wells that are finished at ground level must meet the following requirements:
a.Be equipped with a labeled and tamper-resistant cover. Labels shall identify them as being groundwater monitoring or observation wells.
b.Be fitted with a locking gripper cap or plug.
c.Cannot be screened to the top in order to prevent surface water from infiltrating the wells.
d.Be maintained so as to assure the prevention of pollutants from entering into the well.
e.Groundwater monitoring wells no longer used to gather information on geologic or groundwater properties shall be permanently abandoned in accordance with RIDEM “Groundwater Quality Rules"
R.Recordkeeping
1.Owners/operators of existing facilities shall maintain records documenting compliance with the provisions of § 1.10 of this Part, in accordance with § 1.13 of this Part.
S.Handling of Liquids Generated During Operation and Testing of UST Components
1.Any liquids generated from the operation of a UST or UST facility, including liquid removed from spill containment basins, piping sumps, or under dispenser containment, or liquid used during hydrostatic testing of these components, shall be disposed of properly and in accordance with applicable Federal, State, and local requirements.
T.Delivery Prohibition
1.The Director shall classify all USTs located at a facility as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials, after providing written notice and within seven days of determining that one or more underground storage tanks at the facility has one or more of the following violations:
a.Failure to have the required spill prevention equipment installed, per § 1.10 of this Part.
b.Failure to have the required overfill protection equipment installed, per § 1.10 of this Part.
c.Failure to have the required leak detection equipment installed, per; § 1.10 of this Part; or
d.Failure to have the required corrosion protection equipment installed, per § 1.10(E) of this Part.
e.Failure to maintain significant compliance with this Part or at the discretion of the Director
2.The Director may classify all USTs located at a facility as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials, if the owner/operator fails to complete corrective action and submit documentation within 60 days following written notice from the Department of one or more of the following violations:
a.Failure to properly operate and/or maintain leak detection equipment, perform tank or pipeline tightness testing, and/or compile inventory control records per §§ 1.10(F) through (I), 1.10(Q) and 1.13(B) of this Part.
b.Failure to properly operate and/or maintain spill prevention, overfill protection, or corrosion protection equipment per §§ 1.10(E) and (N) of this Part.
c.Failure to maintain financial responsibility per §§ 1.8 and 1.9 of this Part.
d.Failure to register or maintain registration including payment of all required fees; or
e.Failure to obtain or maintain required certification for Class A, Class B and/or Class C operator(s) per § 1.10(U) of this Part.
3.Upon classification of a UST system as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials, the Department shall determine and record the inventory of regulated substances or hazardous materials remaining in each of the USTs located at the facility and a red tag shall be affixed by the Department to the fill pipe(s) of all USTs located at the facility. The tag or device must be:
a.Located on the fill pipe of the UST;
b.Affixed in a manner that it is easily and immediately visible to the product deliverer; and
c.Affixed in manner that it cannot be removed and reattached without obvious visual evidence.
4.No owner, operator, product deliverer or other person shall deliver, deposit, or accept regulated substances or hazardous materials into a UST which has a red tag affixed to the fill pipe.
5.No owner, operator, product deliverer, or other person shall remove, deface, alter, or otherwise tamper with a red tag affixed to a UST fill pipe.
6.A red tag shall remain affixed to a UST classified as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials until:
a.The UST is returned to compliance for the violations causing classification of the UST as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials;
b.The owner/operator submits notification to the Department that the violations causing the UST to be classified as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials have been corrected. Such notification shall be a written report detailing all actions that have been taken to return to UST to compliance and including verification such as test reports, invoices, receipts, inventory records, etc.; and
c.As soon as practicable, and within seven days after notification of the corrections, the Department will perform a review sufficient to determine compliance and reclassify, or cause to be reclassified, the UST as eligible for delivery, deposit, or acceptance of regulated substances or hazardous materials. For this Section, “reclassified” shall mean the physical removal of the “Red Tag” by the Department or an individual specifically authorized by the Director to remove such tags.
7.USTs that are not brought into compliance including submission of all required notification and documentation to the Department within 30 days after a red tag has been affixed, shall, be immediately placed into temporary closure in accordance with § 1.15(C) of this Part.
8.USTs that are not brought into compliance including submission of all required notification and documentation to the Department within 180 days after a red tag has been affixed, shall be immediately permanently closed in accordance with § 1.15(D) of this Part.
9.The Director may delay classifying a facility as ineligible for delivery, deposit or acceptance of regulated substances or hazardous materials for up to 180 days if the Department determines that prohibiting deliveries to the UST(s) would jeopardize health and safety or the availability of fuel to the community.
U.Operator Training and Certification Requirements
1.The designation of a Class A, Class B, or Class C operator does not limit or relieve the duties of the UST facility owner and/or operator to comply with the legal responsibilities under § 1.2 of this Part.
2.Effective August 1, 2012, all UST facilities shall have operators that are trained and certified according to the requirements of this Section. All UST facility owners/operators shall designate three classes of operators to each of their UST facilities: Class A, Class B, and Class C.
a.Any facility that contains two or more UST systems operating independently and maintained by separate and distinct operators must have Class A, Class B, and Class C operators designated for each UST system.
3.A facility may have more than one individual designated for each class of operator. An individual certified as a Class A or Class B operator may be designated to more than one UST facility.
a.The same individual may serve as Class A, Class B, and Class C operator at a facility, provided the individual is trained and certified in each Class.
b.Prior to August 1, 2012, owners/operators must complete and submit the DEM-provided form designating Class A and Class B operators to each facility, and shall immediately submit an updated form whenever there is a change in designated Class A and Class B operators.
c.After August 1, 2012, all new Class A and Class B operators shall be trained and certified within 30 days of assuming responsibility for a UST facility.
d.Class C operators must be trained prior to assuming the responsibilities of a Class C operator.
e.All facility owners/operators must maintain, and revise when changes occur, a list of all its Class C operators assigned to the facility. The list shall include the latest date of training, and the name of the Class A or Class B operator that trained each Class C operator.
4.Owner(s)/operator(s) of UST facilities shall ensure that:
a.A facility continuously has one or more individuals designated as Class A, Class B, and Class C operators who are certified according to this Section.
b.New or replacement Class A and Class B operators are certified and registered with the Department within 30 days of assuming the responsibilities of these classes.
c.No dispensing of substances regulated under this rule occurs at a UST facility without the presence of a Class A, Class B, or Class C operator.
5.The Class A operator is an individual who has the primary statutory and regulatory responsibility for maintenance and operation of the UST facility. This individual shall be trained to have an understanding of the statutory and regulatory requirements that relate to the permitting of the facility, including: financial responsibility; spill containment; overfill protection; release detection; corrosion protection; emergency response; product compatibility; notification requirements; release and suspected release reporting; temporary and permanent closure requirements; reporting and recordkeeping requirements; and operator training requirements. The Class A operator shall, at a minimum:
a.Ensure proper operation and maintenance of the UST system.
b.Ensure proper recordkeeping.
c.Ensure records can be made available to the Department during inspections or upon request.
d.Ensure a proper response to emergencies caused by releases or spills from UST systems.
e.Make financial responsibility documents available upon request to the Department.
f.Ensure that the facility has certified Class B operators registered with the Department.
g.Ensure that the Class C operators are trained to respond to emergencies caused by releases or spills from the UST system.
h.Notify the Department of changes to designated Class A and B operators at a UST facility and submit updated forms as necessary.
i.Be immediately available for consultation by telephone when the facility is operating.
j.Be on-site within 24 hours of a request to respond to the facility by emergency response personnel or the Department, or within a timeframe approved by the Department.
k.Conduct inspections of the UST facility at least once every 30 days and complete the Department monthly inspection checklist accordingly, if this responsibility has not already been fulfilled by the Class B operator.
l.Ensure proper UST system testing and inspections are completed in accordance with this Part.
6.The Class B operator is an individual who shall implement the day-to-day aspects of the operation and maintenance of a UST system(s). This individual shall be trained to have a practical and regulatory understanding of the components of a UST system and its proper operation, including: spill containment; overfill protection; release detection; corrosion protection; emergency response; and product compatibility. The Class B operator shall, at a minimum:
a.Ensure that all applicable Sections of § 1.10 of this Part are met including, but not limited to; spill containment, overfill protection, leak detection, and corrosion protection.
b.Notify the Department of changes to designated Class A and Class B operators at a UST facility and submit updated forms as necessary.
c.Ensure that the Class C operators are trained to respond to emergencies caused by releases or spills from the UST system.
d.Maintain the list of trained Class C operators with training dates and names of the Class A and/or Class B operator who provided the training.
e.Be available for consultation by telephone when the facility is operating.
f.Be available within four hours of a request to respond to the facility by emergency response personnel or the Department, or within a timeframe approved by the Department.
g.Conduct inspections of the UST facility at least once every 30 days and complete the Department monthly inspection checklist accordingly, if this responsibility has not already been fulfilled by the Class A operator.
h.Ensure proper UST system testing and inspections are completed in accordance with this Part.
7.The Class C operator is an individual who is an employee and is, generally, the first line of response to events indicating emergency conditions. This individual shall be trained to recognize and respond to emergencies caused by releases or spills from the UST system, and be familiar with the facility layout and with reading alarm enunciator panels. Except as specified in § 1.10(U)(8) of this Part, a Class C operator shall:
a.Be present at the facility during all operating hours.
b.Control or monitor the dispensing or sale of regulated substances from the UST system.
c.Properly respond to alarms or releases.
d.Notify the Class A or Class B operator and appropriate emergency responders when there is a spill or other emergency.
e.Be knowledgeable about and have access to the location of UST facility records.
8.Unmanned UST facilities are those that might not normally have Class C operators on-site during operation (e.g., state/municipal fueling facilities). Unmanned UST facilities shall:
a.Have written approval to operate as an unmanned facility before operating without a Class C operator being present during all operating hours. Any request to operate as an unmanned facility must be submitted to the Department in writing.
b.Have certified Class A and Class B operators designated to the facility and registered with the Department.
c.Have a sign posted that lists both the name and telephone number of the Class A operator, the Class B operator, the facility owner/operator, 911, and local emergency responders. The sign must also include a statement which advises persons to call these numbers in the event of a spill or other emergency. This sign must be posted so that if an emergency occurs the person fueling the vehicle or filling the USTs can read it. A designated person(s) must be available to respond to emergencies immediately when the owner or operator is contacted.
9.Except for the requirement listed in § 1.10(U)(9)(d) of this Part, the Class A or Class B operator shall conduct an on-site inspection at least once a month and complete the Department monthly inspection checklist. Results of these inspections shall remain on file at the facility for three years and be made available at the time of a Department inspection.
a.If the Class A or Class B operators notes that a facility is not in compliance during a monthly inspection, these observations must be fully documented on the Department monthly inspection checklist.
b.The owner/operator of the facility must also provide their signature on that same Department monthly inspection checklist acknowledging the site deficiencies.
c.If the same non-compliance issues are observed during the walk-through inspections for three consecutive months at a facility, the Class A and Class B operator should notify the Department.
d.The Class A or B operator of a UST facility in approved temporary closure per the requirements of § 1.15(C) of this Part must complete an on-site inspection of the facility once every six months and complete the monthly inspection checklist provided by the Department.
10.Certification and Training Requirements
a.Operator knowledge for all Class A and Class B operators must be demonstrated by the passing of an exam or other methods which test applicable knowledge approved by the Department. Certification as a result of passing this exam will be valid for five years from the date of passing provided the facility remains in compliance with this Regulation.
b.A copy of this certification must be submitted to the Department with the appropriate registration form for Class A and Class B operators.
c.Class C operators must be trained every two years, by a Class A or B operator.
11.Reciprocity
a.Passing any other New England State approved-exam administered by ICC will be an acceptable means of demonstrating knowledge and a certificate of passing must be submitted to the Department. A certificate of passing of any other New England ICC exam will be good for five years provided the facility remains in compliance with this Regulation. After five years, that Class A and/or Class B operator must pass the Rhode Island ICC exam and submit a copy of that certification to the Department.
b.If a new operator in RI has demonstrated knowledge from passing an exam approved by another state (not administered by ICC), that certificate is allowed as an acceptable means of demonstrating knowledge for a period of one year from the date of form submittals to the Department, provided the facility remains in compliance with this Regulation. After one year, that Class A and/or Class B operator must pass the Rhode Island ICC exam and submit a copy of that certification to the Department. A facility owner/operator may not designate Class A and/or Class B operators with other-state certifications in consecutive years without Department approval.
12.If a facility is not in compliance with this Regulation at the time of a Department or EPA conducted UST compliance inspection then the Class A and/or Class B operators shall be required to be retrained and re-certified as specified below:
a.Class A operators shall be retrained and re-certified if any facility for which they provide oversight is determined by the Department to be significantly out of compliance with the requirements of this Regulation for which a Class A operator is responsible as provided in § 1.10(U)(5) of this Part.
b.Class B operators shall be retrained and re-certified if any facility for which they provide oversight is determined by the Department to be significantly out of compliance with requirements of this Regulation for which a Class B operator is responsible as provided in § 1.10(U)(6) of this Part.
c.Class A and Class B operators that require retraining shall be retrained and recertified within 30 days of the date of the Department’s letter of non-compliance. The Class A and/or Class B operator shall submit a copy of the recertification to the Department immediately.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.11** New and Replacement UST System Requirements {#sec-250-ricr-140-25-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.11}
A.Applicability
1.This Section shall apply to all new or replacement USTs and product piping under this Regulation with the exception of those tank systems to be used to store heating oil consumed on-site solely for heating purposes, which are exempt from §§ 1.11(F), (G), (N), (O), and (P) of this Part.
B.Prohibitions
1.The installation of new USTs wherein the groundwater is designated as a wellhead protection area for a community water system, pursuant to R.I. Gen. Laws Chapter 46-13.1, is prohibited. However, USTs that have been registered prior to the effective date of this Regulation and have not been abandoned or removed from the ground for more than 180 days shall be permitted to be replaced with a tank(s) of equivalent size or less and substance stored, and in accordance with the provisions of this Regulation.
2.In accordance with the RIDOH Rules and Regulations Pertaining to Public Drinking Water, 216-RICR-50-05-1, the installation of a UST within 200 feet of a public drilled (rock), driven, or dug well or within 400 feet of a gravel-packed or gravel-developed well is prohibited.
3.USTs are to be installed as far away as possible from private wells.
4.The installation of bare steel or metal USTs and product piping without corrosion protection is prohibited.
5.No person shall commence construction of a new tank system or replacement tank system, and no modification (including product piping replacement) may be made to any UST facility for which an application for a certificate of registration is required, without prior written notification to, and approval by, the Director.
C.General Requirements
1.Prior to the installation or replacement of any USTs or product piping, the owner is required to submit at minimum the following:
a.A completed Underground Storage Tank Registration Form;
b.A completed Equipment List Addendum;
c.A completed UST Installation/Modification/Upgrade Supplemental Information form;
d.A site plan including all of the information listed in § 1.7(D)(1)(a)((3)) of this Part; For new and replacement UST installations, the site plan must be reviewed and stamped by a registered Professional Engineer
e.Specifications or a diagram indicating depth of excavation, bedding, and backfill, supports and anchorage used, distance between tanks, and dimensions (including thickness) of traffic pad.
f.The appropriate registration fees in accordance with §§ 1.7(I) and (J) of this Part.
2.The granting of a letter of approval from the Director authorizing the installation of new/replacement UST systems or modification of an existing UST system does not exempt the owner from the obligation to obtain any necessary permits from other Federal, state, or local agencies.
3.Letters of approval are valid for a period of one year from the date of issuance. Approvals may be extended by the Director upon written request by the owner.
4.In accordance with § 1.12(D)(1)(d) of this Part, an on-site environmental consultant shall be present for all modifications involving the excavation of soils.
5.All USTs shall be maintained and operated in compliance with § 1.10 of this Part.
6.All USTs equipped with cathodic protection shall be maintained and operated in accordance with the requirements outlined in § 1.10(E) of this Part.
7.All secondary containment systems shall be designed, constructed and installed to:
a.Contain regulated substances released from the tank system until they are detected and removed,
b.Prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system, and
c.Be checked for evidence of a release at least every 30 days.
D.Compatibility
1.All new or replacement tank and/or piping systems shall be made of materials that are compatible with the substance(s) stored. The owner/operator shall not introduce, or allow to be introduced, any material into a UST system that is incompatible with the UST system. The owner/operator must demonstrate that the contents of the UST system is compatible when greater than 10% ethanol or 20% biodiesel is being stored by submitting written documentation in accordance with § 1.10(B)(4)(b) of this Part.
E.Design and Manufacturing Standards
1.All new USTs installed in Rhode Island shall provide for secondary containment of the tank and associated piping and shall be constructed in accordance with applicable national codes of practice, including but not limited to: "Standard for Underground Steel Tanks", incorporated above at § 1.3(GG) of this Part; "Standard for Nonmetallic Piping For Flammable Liquids", incorporated above at § 1.3(J) of this Part; "Standard for Metallic Underground Fuel Pipe" incorporated above at § 1.3(K) of this Part; "Standard for Glass-Fiber Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures", incorporated above at § 1.3(L) of this Part; and "Standard for Underground Reinforced Plastic Tanks", incorporated above at § 1.3(FF) of this Part; and the requirements listed below:
a.All new and replacement USTs shall be of double-walled construction.
b.All USTs constructed of steel shall be cathodically protected and shall comply with one of the following national codes:
(1)"External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids” incorporated above at § 1.3(HH) of this Part, and "Isolating Bushings for Steel Underground Tanks Protected with Coatings and Galvanic Systems" incorporated above at § 1.3(II) of this Part.
(2)"External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection” incorporated above at § 1.3(P) of this Part and "Standard for Steel Underground Tanks for Flammable and Combustible Liquids" incorporated above at § 1.3(I) of this Part.
(3)”STI-P3 Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks” incorporated above at § 1.3(E) of this Part and "Standard for Steel Underground Tanks for Flammable and Combustible Liquids" incorporated above at § 1.3(I) of this Part.
c.Steel-fiberglass reinforced plastic composite UST systems, steel-high density polyethylene (HDPE) UST systems, and steel-polyurethane UST systems shall comply with the “Standard for External Corrosion Protection Systems for Steel Underground Tanks” incorporated above at § 1.3(M) of this Part, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids" incorporated above at § 1.3(I) of this Part, and one of the following codes:
(1)“ACT-100 Specification for External Corrosion Protection of FRP Composite Steel USTs" incorporated above at § 1.3(F) of this Part,
(2)“Specification for Permatank" incorporated above at § 1.3(H) of this Part, or
(3)“ACT-100-U Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks” incorporated above at § 1.3(G) of this Part.
F.Wear Plates
1.All new and replacement USTs shall have steel wear plates, on the inside bottom of the tanks, centered under all openings with minimum dimensions of at least 9 inches wide and at least one square foot in area and at least 1/4" thick.
G.Submerged Fill Tube
1.All new and replacement USTs shall have a submerged fill tube.
H.Fill Pipe Labeling
1.All fill pipes and/or fill box covers shall be permanently labeled, or otherwise permanently marked, so that the product inside the tank is identified. Standards set forth in “Using the API Color- Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals, 3rd Edition" incorporated above at § 1.3(V) of this Part may be used to satisfy this requirement.
I.Installation Standard
1.All tanks, piping, and other related facility components shall be installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, including but not limited to "Installation of Underground Petroleum Storage Systems" incorporated above at § 1.3(A) of this Part; "Standard for the Installation of Oil Burning Equipment", incorporated above at § 1.3(B) of this Part; "Recommended Practices for Installation of Underground Liquid Storage Systems", incorporated above at § 1.3(C) of this Part, and "Recommended Practices for the Installation of Marina Fueling Equipment", incorporated above at § 1.3(D) of this Part; and "Installation of Underground Hazardous Substances or Petroleum Storage Systems", incorporated above at § 1.3(EE) of this Part and in accordance with the manufacturer's instructions.
2.Installers shall be licensed as required by the RI Department of Labor, Division of Professional Regulation and certified by the UST, piping, or component manufacturer or representative trade group (See R.I. Gen. Laws Chapter 28-27 regarding the installation of commercial gasoline, diesel fuel, and heating oil UST systems.)
3.The local city/town building official shall be notified prior to the commencement of installation.
J.Tightness Testing Upon Installation
1.All new and replacement tanks and piping (primary and secondary) shall be tightness tested after all paving over the tanks and piping has been completed and before commencing regular UST operation. In accordance with § 1.10(H)(2) of this Part, the results of this initial tightness test shall be submitted to the Director within 30 calendar days of test completion or, in the event of a leak, in accordance with § 1.14 of this Part.
2.Tightness tests must be capable of detecting a 0.1 gallon per hour leak rate from the entire tank system, accounting for the effects of thermal expansion or contraction of product, vapor pockets, tank deformation, evaporation, condensation, and the location of the water table. The probability of detection shall be no less than 95% and the probability of a false alarm shall be no more than 5%.
3.All persons who conduct tightness tests and all test methods used must be licensed in accordance with § 1.16 of this Part.
K.Piping – Design, Construction and Installation
1.All new or replacement piping that is part of an underground storage tank system and routinely contains regulated substances, including fittings, connections, and remote fill piping, shall be designed and constructed in accordance with the following:
a.Fiberglass reinforced plastic piping and nonmetallic flexible piping shall be made of materials listed by Underwriters Laboratories and be equipped with secondary containment.
b.All steel or metal piping which routinely contains a regulated substance, including remote fill piping, shall be equipped with secondary containment, and all such piping that is in contact with the ground shall be cathodically protected with an impressed current system. All cathodic protection systems shall be designed, installed, operated and maintained in accordance with the national codes of practice cited in § 1.11(E)(2) of this Part.
c.The use of copper piping is restricted to No. 2 heating oil and to diesel fuel serving generators and must employ secondary containment. In all cases this piping shall be protected from damage.
d.Secondary containment piping is required to be listed by UL or ULC as an underground secondary pipe for flammable liquids, with the exception that heating oil USTs used solely for on-site consumption may be allowed to use PVC piping for secondary containment (minimum schedule 40 thickness).
2.Aboveground sections of all UST product piping systems also must be equipped with secondary containment, with the exception of aboveground indoor piping.
3.All UST primary and secondary product piping, before being covered, enclosed, or placed in use, shall be hydrostatically or pneumatically tested in accordance with the "Flammable and Combustible Liquids Code" incorporated above at § 1.3(W) of this Part and the "Installation of Underground Petroleum Storage Systems" incorporated above at § 1.3(A) of this Part.
4.Siphon (manifold) piping systems are required to meet the design and construction standards given in §§ 1.11(K)(1) and (M)(1) of this Part.
5.Remote fill piping must meet the design and construction standards given in §§ 1.11(K)(1), (M)(1) and (M)(6) of this Part.
6.All underground portions of vent piping shall be made of non-metallic UL-listed piping or cathodically-protected and coated steel, and shall be installed in accordance with RI DEM Office of Air Resources Air Pollution Control Regulation No. 11, “Petroleum Liquids Marketing and Storage.”
L.Spill and Overfill Prevention Equipment - All new and replacement UST systems shall be provided with equipment and procedures to prevent spilling and overfilling during product transfers to the tank in accordance with the following:
1.Spill prevention equipment that will prevent a release of regulated substance to the environment in the area of the fill pipe. A spill containment basin used to satisfy this requirement must meet the following specifications:
a.The basin must be capable of holding a minimum of three gallons.
b.The basin must be surrounded by an impervious surface.
c.If the basin is made of metal, then its exterior wall must be protected from galvanic corrosion.
d.The basin cover must be labeled or marked in accordance with § 1.10(P) of this Part.
e.All new and replacement spill containment basins shall be double-walled and capable of periodic interstitial monitoring. Single-walled spill containment basins are prohibited from being installed as of the effective date of this Regulation.
f.Newly installed basins and sumps must be tested for tightness upon installation.
2.USTs storing heating oil consumed on-site solely for heating purposes with above-ground fill pipes do not require spill containment basins, provided that:
a.The ground surrounding the fill pipe is covered with a positive-limiting barrier constructed of a material that is impervious to the substance stored and can contain spills of < three gallons.
b.The fill pipe extends a minimum of six inches above the finished grade;
c.Above-ground fill pipes located in areas subject to traffic or vehicular damage shall be protected by concrete-filled bollards with a minimum diameter of two inches, and at least three feet high, three feet below grade, and spaced no more than four feet apart.
3.Overfill prevention equipment designed to restrict or stop the flow of fuel during a delivery before the tank reaches full capacity as follows:
a.Alert the transfer operator when the tank is no more than 90% full by restricting the flow into the tank or triggering a remote high-level alarm; or
b.Automatically shut off flow into the tank when the tank is no more than 95% full; or
c.Alert the operator by means of a high level alarm one minute before overfilling, or shut off flow into the tanks so that none of the fittings located on the top of the tank are exposed to product due to overfilling; or
d.An equivalent device pre-approved by the Director.
e.The use of flow restrictors in vent lines is no longer allowed as an option to meet the overfill prevention equipment requirement for newly installed UST systems and when flow restrictors in vent lines are replaced. USTs used to store fuel oils consumed on-site solely for heating purposes, and emergency generator USTs, are allowed to be equipped with an in-line vent whistle as a method of overfill prevention. Vent whistles may be used only when tight fill, pump-off deliveries are made. The vent opening must be located adjacent to the fill (within eight feet, or if not practical then as close as possible to be readily heard by the deliverer). The vent whistle must be installed so as to alarm (stop whistling) when the tank is 90% full. Vent whistles also must be installed so as to allow annual inspection for proper operation.
f.USTs that never receive more than 25 gallons at one time (e.g., waste oil USTs) are not required to have overfill protection.
M.Tank Top Sumps, Transition Sumps, and Dispenser Sumps
1.All new and replacement USTs shall be equipped with a liquid-tight tank top containment sump for the purpose of providing a low-point collection area for secondary piping, siphon piping, and remote fill piping and access for periodic maintenance. All sumps shall be installed using gaskets, sealants, and fittings that are compatible with the substance stored.
2.All new and replacement secondary piping systems shall terminate in a tank top sump or transition sump as described in § 1.11(M)(1) of this Part.
3.All flexible underground piping runs shall be continuous whereby all connections for both the primary and secondary piping are made in accessible sumps as described in § 1.11(M)(1) of this Part unless the product piping, fittings, adhesives, and sealants are approved by the manufacturer and UL-listed for direct burial
4.Facilities at which new or replacement piping for motor fuels is being installed are required to install under-dispenser containment at every dispenser connected to the UST system and/or containment sumps if not already present.
5.All new and replacement UST systems subject to leak detection requirements must be equipped with liquid-tight under-dispenser containment at every dispenser connected to the UST system if not already present. Replacement or removal of the dispenser, replacement or repair of the product pipeline, UST, as well as the equipment necessary to connect the dispenser to the UST system, including, check valves, shear valves, swing joints, flexible connectors, or other transitional components beneath the dispenser and connect the dispenser to the underground piping, shall also require installation of liquid-tight under-dispenser containment at every dispenser if not already present. Such containment must allow for visual inspection and access to the components in the containment system and/or be monitored.
6.All sumps described in §§ 1.11(M)(1) through (3) of this Part shall be continuously monitored in accordance with § 1.11(O)(4) of this Part. In addition, “loop” piping systems shall be continuously monitored at each fueling dispenser or be equipped with “jumpers” connecting the secondary containment piping and making a continuous loop back to the tank top sump. Fueling dispensers that are low-point (at a lower elevation than the tank top) also shall be continuously monitored as described above.
7.All newly installed or replacement sumps and under dispenser containment shall be tested for liquid tightness upon installation in order to determine that all joints, seals, and couplings are watertight.
N.Leak Detection for New and Replacement Underground Storage Tanks
1.A continuous monitoring system shall be installed and continuously operated for all new USTs.
2.The interstitial space in all double-walled USTs shall be continuously monitored for the presence of both the regulated substance and water. A discriminating sensor for the regulated substance and water is not required. Double-walled USTs with a brine solution or other inert liquid in the interstitial space shall be continuously monitored for a change in fluid level in the reservoir and interstice.
O.Leak Detection for New and Replacement Underground Piping Systems
1.All new and replacement pressurized piping systems shall employ a UL-approved line leak detector capable of detecting a line leakage rate of three gallons per hour at 10 pounds per square inch of line pressure. If a leak is detected, said leak detection system shall shut-off or restrict product flow and otherwise notify the operator of the detection of a leak.
2.All new or replacement suction piping systems shall be equipped with a check valve located directly below and as close as practical to the inlet of the suction pump.
3.The interstitial space of double-walled piping or the annular space between the primary piping and secondary containment system shall be continuously monitored to detect water and the regulated substance. A leak sensor employed as described in § 1.11(O)(4) of this Part shall also satisfy this requirement.
4.All piping collection sumps, transition sumps, and submersible pump head containment structures shall employ a leak monitor (sensor) activated by water and the regulated substance and secured a maximum of 1” above the lowest point in the sump.
5.All secondary piping shall allow for any leakage in the piping to flow into the sump area unobstructed.
6.All dispensers of motor fuels under pressure from a remote pumping system shall be equipped with an emergency shut-off valve (e.g., “shear” or “crash” valve) on each pressurized line which enters a dispenser. Each valve must be securely anchored below grade and below the shear point of the valve. This valve shall be designed to close automatically in the event that the dispenser is accidentally dislodged from the inlet pipe.
7.Dispensers which are “low point” (at a lower elevation than the tank top or sump) shall be continuously monitored as described in § 1.11(O)(4) of this Part.
8.Dispensers used in “loop” piping systems shall be continuously monitored as described in § 1.11(O)(4) of this Part or be equipped with “jumpers” connecting the secondary containment piping and making a continuous loop back to the tank top sump.
9.Anti-Siphon Valves: Where a tank is located at an elevation that produces a gravity head on the dispensing unit (or pump outlet, for heating oil USTs), the tank outlet shall be equipped with a device that will prevent gravity flow from the tank to the dispenser/pump. This device shall be positioned, installed, and adjusted so that liquid cannot flow by gravity from the tank to the dispenser/pump, in the event of failure of the piping or hose when the system is not in use.
P.Operation of Leak Monitoring Equipment
1.Leak monitoring devices shall be installed, calibrated, operated and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running conditions. All leak monitoring devices shall be inspected, calibrated, and tested upon installation and annually thereafter to insure proper operation. Such testing shall be performed by trained, qualified persons. All records pertaining to the equipment manufacturer, warranties, maintenance requirements, repairs, maintenance, and testing shall be maintained on-site for the life of the system or at an alternate location approved by the Director in writing.
2.Leak monitoring devices shall not be shut off or deactivated at any time except for repair. Any malfunction shall be repaired within 15 working days of its first occurrence. If the device(s) cannot be repaired within 15 days, the affected UST system(s) shall be temporarily closed in accordance with § 1.15(C) of this Part until satisfactory repairs are made. Any deactivation of a monitoring device shall be immediately reported to the Department by the owner/operator.
3.Leak monitoring devices shall employ an audible alarm and a visual indicator, which shall be so located as to be readily heard and seen by the owner/operator or other personnel during normal working hours.
4.All monitoring devices shall be conspicuously marked or labeled as being monitoring devices and shall be secured against vandalism, incidental damage and improper deactivation.
5.All continuous monitoring systems shall be tested by the owner/operator on a monthly basis to ensure that they are operating effectively. Records of such tests shall be maintained in accordance with §§ 1.11(P)(1) and 1.13 of this Part.
6.All leak-monitoring devices shall be inspected, calibrated and tested annually to ensure proper operation. Testing must be performed by trained, qualified persons. Records of such tests shall be maintained in accordance with §§ 1.10(M)(9) and 1.13(B)(1)(a) of this Part.
Q.Monitoring Wells and UST Pad Observation Wells
1.As a condition of approval for new or replacement UST systems located in environmentally sensitive areas, the Director may require the installation of one or more groundwater monitoring wells. The well or wells shall be located so as to be likely to detect any release from the UST systems. The location of the well and/or the requirement of additional wells are subject to the approval of the Director.
2.Monitoring wells and tank pad observations wells, if installed, shall be constructed and maintained in accordance with the RIDEM “Groundwater Quality Rules” and § 1.10(Q) of this Part.
3.Upon request, the owner/operator shall provide access to the monitoring wells to the Director.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.12** Facility Modifications or Repairs {#sec-250-ricr-140-25-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.12}
A.Prohibition
1.No modification may be made to any UST facility for which an application for a certificate of registration is required, without prior written notification to and approval by the Director.
B.Modification Standard
1.Any modification to or replacement of facility components shall be made to conform to the requirements of § 1.11 of this Part.
C.Reuse of Tanks
1.Used USTs meeting the specifications given in § 1.11 of this Part, may only be installed after:
a.The owner makes a written request for and receives written approval from the Director of the proposed modification;
b.Documentation is provided that the used tanks have been inspected and tested by the manufacturer and found satisfactory;
c.Documentation is provided that the used tank has been certified by the manufacturer to be reusable for the product to be stored; and
d.Documentation is provided that the used tank is given the balance of the original warranty by the manufacturer.
D.Approval of Modifications or Repairs
1.USTs and/or their associated piping can be modified or repaired only once, provided that:
a.The Director has approved the modification or repair;
b.Any modification or repair which requires excavation of soil or removal, replacement, reconfiguration, or disturbance of any subsurface UST component must receive prior written permission from the Director.
c.The modification or repair is properly conducted in accordance with applicable national codes of practice and the manufacturer's specifications;
d.An environmental consultant is present for any modification or repair (including piping installation or replacement) that requires the excavation of soils. The environmental consultant shall submit a report within 30 days summarizing the work performed and including the following:
(1)Results of screening soils (including method used);
(2)Observations of contamination (including olfactory, if noted, from the excavation and discoloration in the concrete or peastone or soil);
(3)A site diagram;
(4)A test pit log.
(5)Conclusions or recommendations.
e.Releases shall be reported in accordance with § 1.14 of this Part.
f.The tank and/or piping system (primary and secondary) passes a tightness test conducted within 30 days of the completed modification or repair prior to commencing UST operation, and in accordance with § 1.10(H) of this Part. Results of the tightness test must be submitted to the Director within 30 calendar days of test completion, or within 7 days
g.in the event of a leak, in accordance with § 1.14 of this Part;
h.The method of modification or repair is compatible with the product or material to be stored;
i.All damaged tank system components, including but not limited to pipe sections and fittings, must be replaced immediately.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.13** Maintaining Records {#sec-250-ricr-140-25-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.13}
A.Applicability
1.All owners/operators of UST facilities shall maintain records in accordance with the following rule except that the provisions of §§ 1.13(B)(1)(a)((4)) and ((9)) and 1.13(B)(1)(b) of this Part shall not apply to tanks used for storing fuel oils of any grade that is consumed on-site solely for heating purposes.
B.Records
1.All owners/operators of UST facilities shall maintain on the facility premises or at an alternate location approved by the Director, for the period of time specified below, records of the following:
a.Permanent Records - The following shall be maintained for three years beyond the operational life of the facility:
(1)All data used to complete the application for the certificate of registration;
(2)All records of modifications or repairs to pipes, fittings or other components of underground storage tank systems;
(3)All records of the storage of regulated substances greater than 10% ethanol and/or 20% biodiesel in underground storage tank systems, and records demonstrating the compatibility of a system to hold such substances;
(4)Annual test results of equipment or systems used for leak detection and inventory control;
(5)Records of closure activities;
(6)Records of leaks, spills, releases, overfills, site investigations, and remedial response activities taken;
(7)Tank and/or line tightness test results including all of the information required in § 1.10(H) of this Part;
(8)All records pertaining to the operation and maintenance of approved corrosion protection methods as required in § 1.10(E) of this Part;
(9)Equipment warranties and manufacturers’ checklists.
(10)All records pertaining to the monitoring and inspection of double-walled spill prevention equipment, containment sumps, and overfill prevention equipment.
(11)All records pertaining to the testing and/or inspection of single-wall spill prevention equipment, containment sumps, and overfill prevention equipment.
b.Routine Records - The following records shall be maintained for a minimum period of three years from the date made, or for such longer periods as required by the Director in the resolution of enforcement actions:
(1)Records of all calibration and standard maintenance performed;
(2)Records of strip charts, electronic recall device and/or manual recordings for any continuous monitoring instrumentation;
(3)Records of monthly tests of continuous monitoring systems as required in §§ 1.10(M)(5) and (P)(5) of this Part.
(4)Records of operator’s monthly inspection checklists.
(5)Daily and monthly inventory record keeping, as described in § 1.13(C) of this Part.
(6)Records of annual shear valve tests.
C.Inventory Control, Recordkeeping and Leak Reporting
1.All product inventory shall be managed in accordance with the following:
a.Inventory volume for regulated substance inputs (fuel deliveries), withdrawals (amount dispensed), and the amount remaining in the tank shall be measured and recorded each operating day;
b.Any unusual occurrences that might affect the inflow, outflow, or volume on hand, shall be recorded each operating day, along with any adjustments that were made to the records.
c.All inventory gauging equipment shall be capable of measuring the level of product over the full range of the tank’s height to the nearest one-eighth of an inch;
d.All deliveries shall be made through a drop tube that extends to within six inches of the tank bottom;
e.Product dispensing shall be metered and recorded within the local standards for meter calibration or an accuracy of six cubic inches for every five gallons of product withdrawn, whichever is more accurate;
f.All tanks shall be gauged for the presence of water in the bottom of the tank at least once each month and a measurement of any water present shall be recorded to the nearest one-eighth of an inch. If the water measurement exceeds one inch, then the water is required to be removed;
g.Inventory records for single wall tanks shall include a leak check to reconcile differences in the daily measurement of inflows, outflows, and volume on hand. If the leak check indicates a discrepancy of 1% or more of the flow-through plus 130 gallons on a monthly basis, then the owner/operator shall report such discrepancy in accordance with § 1.14 of this Part. Inventory reconciliation is not required to be performed on double or triple walled tanks.
D.Access to Records
1.The owner/operator shall make available to the Director, upon request, all records which the Director determines may be pertinent to the enforcement of this Part.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.14** Leak and Spill Response {#sec-250-ricr-140-25-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.14}
A.Applicability
1.this Regulation shall apply to all new, existing, and abandoned tank facilities at which regulated substances and/or hazardous materials are stored underground as specified in §§ 1.4 and 1.5 of this Part.
B.General Requirements
1.All owners/operators of underground storage tank systems storing regulated substances or hazardous materials must report, investigate, and clean up any overfills, spills, leaks, or releases in accordance with this Part and any other applicable provisions of local, state and federal statutes, Rules and Regulations.
C.Investigation of Suspected Releases
1.All owners/operators must promptly investigate all suspected overfills, spills, leaks or releases, including, but not limited to, instances where:
a.Unusual operating conditions, release detection signals or environmental conditions at the site suggest a release may have occurred; and
b.Investigation is required by the Director to determine the source of a release.
c.The Director may require a Release Characterization Report when unusual operating conditions at a facility create reasonable suspicion of a leak or release and therefore warrant further investigation. All pertinent operation and maintenance records must be included in the report.
D.Reporting Requirements
1.During normal working hours reports of overfills, spills, leaks, or releases should be made to the DEM UST Section at (401)-222-2797. At all other times, reports can be made to the DEM 24-hour Emergency Response Hotline at (401)-222-3070.
2.All persons shall immediately report all confirmed and suspected leaks or releases from USTs to:
a.The Director;
b.The appropriate local fire official;
c.The local public water supplier, in the event a spill occurs in a public supply watershed or in a wellhead protection area for community water systems, non-transient non-community water systems, or transient non-community water systems.
3.Persons reporting leaks or releases to the Director shall provide the following information:
a.Name and phone number of person reporting the release;
b.Location of the release and name of the facility;
c.Date and time of the release;
d.Type, and to the extent known, the amount of material released;
e.Name and phone number of the potentially responsible party, if known.
4.UST and/or product pipeline tightness test results and secondary containment test results which are fail shall be reported to the Director by the tester immediately. The owner/operator must submit the failed test within seven days of the test date and submit a Release Characterization Report in accordance with § 1.14(G) of this Part.
a.USTs and Product pipelines that test as failed shall be subject to §§ 1.10(F) and 1.10(G) of this Part.
b.If the system test confirms a leak into the interstice or a release, owners and operators must repair, replace, upgrade, or close the UST system. In addition, owners and operators must investigate and remediate any releases in accordance with this Section.
E.Initial Abatement Actions
1.Unless directed by the Director to do otherwise, when a confirmed release from a UST system occurs, the owner/operator shall take the following actions:
a.All contents of the UST, UST system, and/or product piping shall be completely removed as soon as possible, and under no circumstances more than 24 hours after the discovery of the release.
b.Contain all regulated substances and contaminated debris and hazardous waste. Such materials shall be handled, stored and disposed of in accordance with the state Oil Pollution Control Regulations, Part 2 of this Subchapter, and other applicable state and federal statutes, Rules and Regulations;
c.Assess fire, health and safety hazards and take reasonable steps to mitigate any such hazards; local fire officials should be consulted, as conditions require;
d.Inspect any exposed releases and take steps to prevent the migration of any released regulated substance into the environment, including soils, groundwater or surface waters;
e.Investigate for the presence of free product and, if present, initiate free product removal consistent with § 1.14(F) of this Part; and
f.Carry out other actions as directed by the Director pursuant to Oil Pollution Control Regulations, Part 2 of this Subchapter, or other local, state and federal statutes, Rules and Regulations.
F.Free Product Removal
1.At sites where free product is present, the owner/operator shall remove the free product in a manner that minimizes the spread of contamination.
2.Discharges and by-products from free product recovery and disposal operations shall be treated or disposed of in compliance with all applicable state and federal statutes, Rules and Regulations.
3.Free product removal systems shall be designed to maximize the removal of free product.
4.Documentation of all free product removal measures shall be submitted to the Director with the Release Characterization Report and Site Investigation Report as required pursuant to §§ 1.14(G) and (H) of this Part respectively, and shall contain the following information:
a.Names of persons implementing the free product removal measures;
b.Estimated quantity, type and thickness of free product observed or measured;
c.Type of system used to remove free product;
d.Locations of any discharges associated with free product recovery activities;
e.Type of treatment applied to any water pumped for the purpose of free product removal; and
f.Disposition of recovered free product.
G.Release Characterization Report
1.Within seven days after confirmation of a leak or release or a failed tank and/or product pipeline tightness test, the owners/operators shall submit a Release Characterization Report to the Director summarizing the events related to the leak or release from a UST or UST system and describing the results of initial abatement steps. Such report shall include:
a.Data on the nature and estimated quantity of the release;
b.Data from available sources and site investigations concerning these factors:
(1)Surrounding populations;
(2)Water quality;
(3)Use and approximate locations of wells potentially affected by the release;
(4)Subsurface soil conditions;
(5)Locations of subsurface sanitary sewers and stormwater lines;
(6)Climatological conditions, where pertinent; and
(7)Land use;
c.Names, addresses, and plat and lot numbers of the owners of all properties that abut the facility;
d.All pertinent data obtained from actions taken as Initial Abatement Actions pursuant to § 1.14(E) of this Part;
e.Name and address of the facility.
2.A Release Characterization Report is not required when the release is documented in a Closure Assessment Report prepared and submitted to the Director in accordance with § 1.15(D)(10) of this Part.
H.Site Investigation
1.The purpose of the Site Investigation and the preparation of a Site Investigation Report shall be to determine the presence of, and/or define the nature, degree and extent of contamination and identify threats to the public health and environment.
2.Upon completion and submittal of a Release Characterization Report or Closure Assessment Report, owners/operators shall conduct a full investigation of the release and the on-site and off-site areas known or potentially affected by the release. The Director may waive the requirement to conduct a full site investigation when the initial Release Characterization Report or Closure Assessment Report establishes, to the satisfaction of the Director, that there is no present or potential groundwater or surface water adverse impact from the release. The Director may require additional information or investigation before deciding whether to waive the requirement for a full site investigation.
3.A Site Investigation shall be conducted and a Site Investigation Report submitted under the following additional circumstances unless otherwise exempted by the Director:
a.An inspection of a UST system or facility revealed violations of this Part which resulted in the release of the contained substances; or
b.Other evidence of a leak or release exists, including but not limited to failed tank or line tightness tests or perforated or highly corroded tanks or piping; or
c.A facility has been abandoned as defined by § 1.5(A)(1) of this Part or does not meet the operational and testing requirements discussed in § 1.10 of this Part; or
d.At the discretion of the Director.
4.The party performing the Site Investigation shall submit a proposed scope of work to DEM within 30 days, which must be approved prior to commencing any on-site work to ensure it meets the requirements of the project. Any Site Investigation Report submitted without prior approval of a scope of work may be rejected by DEM as unsatisfactory.
5.The Site Investigation and Site Investigation Report, along with all associated field work, must be conducted by, or under the direction of, a licensed Professional Engineer, Certified Professional Geologist, or Registered Professional Geologist.
6.The owner/operator shall submit the results of a Site Investigation to the Department within 60 days of notification by the Director that a Site Investigation Report is required, or within an alternate deadline approved by the Director, in the format of a Site Investigation Report pursuant to § 1.14(H)(7) of this Part.
7.The Site Investigation Report shall include, but not be limited to, the following information:
a.A location map showing the street address and the latitude/longitude of the subject site underlain on either a topographic map or aerial photo;
b.A description of past and present activities on the site, including a list of past owners and operators of the site and the approximate time periods of their ownership and operation;
c.A compliance history of the site including, but not limited to, any and all past environmental enforcement actions and documentation of any past releases, repairs and leak detection results;
d.A site plan, drawn to scale, showing the location and the immediately surrounding area, and identifying the following items:
(1)Property boundaries;
(2)Buildings and other structures;
(3)Roads;
(4)Surface topography;
(5)Surface water courses and wetlands;
(6)Public and private water wells;
(7)Groundwater monitoring wells;
(8)Public sewer and water lines;
(9)Individual sewage disposal systems and other waste disposal areas;
(10)Present and former locations of USTs and associated piping;
(11)Dry wells; and
(12)Locations of soil borings, test pits or piezometers;
e.A description of the site's hydrogeology, including, but not limited to:
(1)Depth to groundwater and groundwater elevations, including water table contour map, where applicable;
(2)Groundwater flow direction;
(3)Description of the unconsolidated materials (in both the unsaturated and saturated zones), including permeability, porosity, degree of stratification, and the capacity for contaminant attenuation;
(4)Depth to bedrock and bedrock characteristics;
(5)Aquifer characteristics including saturated thickness, hydraulic conductivity, and transmissivity; and
(6)The presence and effects of both natural and man-made barriers to and conduits for contaminant migration.
f.A description of the area surrounding the site and identification of all human and environmental receptors, including, but not limited to:
(1)The location of properties served by private wells;
(2)The location of public wells;
(3)Which wells would be potential contaminant receptors; and
(4)The classification of groundwater and surface waters surrounding the site;
g.The nature, degree and extent of contamination, including free product, groundwater, soil, and vapor; including isopleth maps of contaminants, where applicable;
h.The results of any analytical testing of groundwater or soil on the site, including identification of methods used and sampling protocols;
i.A minimum of three groundwater monitoring wells located so that the groundwater flow direction and the nature, degree and extent of contamination from leaks and releases from USTs can be determined. Monitoring wells shall be installed in accordance with RI DEM "Groundwater Quality Rules." The following information must be included:
(1)Boring logs and well completion information;
(2)Well development and sampling procedures;
(3)Results of field screening and laboratory analysis of soil and groundwater samples; and
(4)Well gauging information;
j.Any other factors necessary for or that contribute to an adequate site characterization;
k.Conclusions and recommendations, including;
(1)A description of the source or potential sources(s) of the contamination;
(2)A description of the current extent of contamination in the soil and groundwater, as well as in surface water, and the presence of vapors;
(3)Identification of potential receptors; and
(4)Recommendations for further investigation and corrective action or a statement that no further action is required.
l.The Site Investigation Report shall include the following signed statements:
(1)A statement signed by the registered professional engineer, or the certified professional geologist, or the registered professional geologist, who prepared the report or who directly supervised preparation of the report, certifying the accuracy of the information contained in the report; and
(2)A statement signed by the responsible party and/or owner/operator responsible for the preparation and submittal of the report certifying that the report is a complete and accurate representation, and that it includes all known facts about the discharge or release that has resulted, or may result, in the exceedance of a groundwater quality standard.
8.Additional Information
a.Upon review of the Site Investigation Report for completeness and accuracy, the Director may require the collection and submission of additional information where a Site Investigation Report is found to be incomplete or deficient or does not provide sufficient data to identify the extent of a contamination plume. The Director may require the following:
(1)The installation and monitoring of groundwater monitoring wells sufficient to accurately characterize the release.
(2)The sampling of nearby public and private drinking water wells.
(3)Groundwater monitoring on a periodic schedule.
(4)Any other necessary information to complete the report.
b.Any required additional information shall be submitted within a time frame specified by the Director.
9.No Further Action
a.The Director may issue a letter requiring no further action upon review of the Site Investigation Report when:
(1)The contaminant concentrations are found to be below applicable standards;
(2)No threat to human health or the environment exists;
(3)The Site Investigation Report concludes and/or recommends that no further action is needed based on the results of the investigation; and
(4)The report is found to be complete and accurate to the satisfaction of the Director.
I.Corrective Action
1.The purpose of Corrective Action and the preparation of a Corrective Action Plan shall be to protect the public health and environment in a manner acceptable to the Director.
2.Based upon the Site Investigation Report or other data, the Director shall require owners/operators to develop and submit a Corrective Action Plan within 90 days, or within an alternate time frame approved by the Director, to address contaminated soils or groundwater or other related environmental or public health impacts. The Director may waive the requirement to prepare a Corrective Action Plan when the Site Investigation Report or other data establishes, to the satisfaction of the Director, that there is no present or potential groundwater or surface water adverse impact from the release. The Director may require additional information before deciding whether to waive the requirement for a Corrective Action Plan.
3.The party performing the Corrective Action shall submit a proposed scope of work to DEM within 30 days, which must be approved prior to commencing any on-site work to ensure it meets the requirements of the project. Any Corrective Action Plan submitted without prior approval of a scope of work may be rejected by DEM as unsatisfactory.
4.Contents of Corrective Action Plan - A Corrective Action Plan shall, at minimum, consist of the following:
a.A summary of findings from the Site Investigation Report, including but not limited to:
(1)Impacts and potential impacts to receptors such as groundwater, surface water, public and private wells, environmentally sensitive areas, buildings and basements;
(2)All data from testing of all environmental media including soil, water and air, site geology and hydrogeology; and
(3)Any additional information the Director may require;
b.A description of the proposed method for remediation, including, but not limited to, the following:
(1)Justification of the ability of the chosen remedial method(s) to meet the remediation objectives within a time frame acceptable to the Director;
(2)Detailed design plans including equipment specifications, piping routes, process flow diagrams, instrumentation, and any other information necessary to fully describe the remedial system. Engineered remedial systems must be signed and stamped by a registered professional engineer.
(3)Proposed plans for the disposal of any products or by-products from the remediation activities;
c.Aquifer testing and/or pilot testing specific to the remediation technology is required in a Corrective Action Plan. Aquifer and/or pilot testing can be waived only in writing by the Director.
d.A proposed schedule for implementation of the corrective action plan;
e.Proposed methods of public notification;
f.A proposed groundwater monitoring program including the monitoring wells to be sampled, frequency of sampling, analyses to be conducted and well gauging, and a proposed frequency of reporting to the Director;
g.Any other information necessary to support the proposed remedial action.
h.The Corrective Action Plan shall include the following signed statements:
(1)A statement signed by the registered professional engineer, or the certified professional geologist, or the registered professional geologist, who prepared the plan or who directly supervised preparation of the plan, certifying the accuracy of the information contained in the plan; and
(2)A statement signed by the facility responsible party and/or owner/operator responsible for the preparation and submittal of the Corrective Action Plan, certifying that the plan is complete and accurate.
5.Approval of Corrective Action Plans - The Director shall approve, approve with conditions or reject Corrective Action Plans based upon the following criteria:
a.The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;
b.The hydrogeologic characteristics of the facility and the surrounding area;
c.The proximity, quality, and current and future uses of nearby surface water and groundwater;
d.The potential effects of residual contamination on nearby surface water and groundwater;
e.Reliability and technical feasibility of the proposed corrective action technologies as to their potential to achieve contamination removal, within a time frame acceptable to the Director; and
f.Completeness and accuracy of the information submitted in the Corrective Action Plan.
6.Orders of Approval
a.Upon approval of the Corrective Action Plan, the Director may issue an Order of Approval governing the Corrective Action Plan consistent with § 1.14 of this Part, and RI DEM "Groundwater Quality Rules." Owners/operators shall implement the plan in accordance with the provisions of the Order of Approval, and any conditions, established by the Director contained therein. The Order of Approval shall include, where applicable:
(1)Specific reference to the Corrective Action Plan;
(2)A schedule for implementation including installation and start up;
(3)Contingencies for potential additional necessary actions or other necessary modifications;
(4)A schedule for groundwater monitoring;
(5)A schedule for system inspections;
(6)A schedule for submission of status reports;
(7)Any other reporting obligations to the Director such as system shutdown; and
(8)Any other site specific requirements.
b.The Director, at his/her discretion, may issue an interim letter of approval to allow a specified time frame for the generation of additional information about the proposed corrective action, including, but not limited to, pilot testing or a trial period of operation of the remedial system.
c.The Director, at his/her discretion, may approve a Corrective Action Plan in a letter of approval for proposed remedial actions that are limited in duration or complexity, including, but not limited to, soil removal, monitored natural attenuation or enhanced natural attenuation.
d.Interim Corrective Action Prior to Issuance of Orders of Approval - Owners and operators may begin cleanup of soil and groundwater before the Corrective Action Plan is approved provided that they:
(1)Notify the Director of their intention to begin cleanup;
(2)Comply with any conditions imposed by the Director, including halting cleanup or mitigating adverse consequences from cleanup activities; and
(3)Incorporate these self-initiated cleanup measures in the Corrective Action Plan that is submitted to the Director for approval.
7.Public Notification
a.The Director shall provide notice to the town or municipality and/or public of approved Corrective Action Plans, and may require the responsible party to provide wider notice by block advertisement, legal advertisement, or letters to individual property owners.
b.The Director shall provide notice to the town or municipality and/or public of consideration to terminate an Order of Approval in the event that the Corrective Action Plan referenced in the order does not achieve the established clean up levels originally required.
8.Recording of Orders of Approval
a.Orders of Approval relating to Corrective Action Plans shall be recorded in the municipal land evidence records by the owner and operator of the facility within 10 days of issuance by the Director and documentation of the recording shall be submitted to the Director by the owner and operator within 10 days of the recording.
9.Additional Information
a.Upon review of the Corrective Action for completeness and accuracy, the Director may require the collection and submission of additional information where a Corrective Action is found to be incomplete or deficient or does not achieve established cleanup standards. The Director may require the following:
(1)The installation and monitoring of groundwater monitoring wells sufficient to accurately characterize the release.
(2)The sampling of nearby public and private drinking water wells.
(3)Groundwater monitoring on a periodic schedule.
(4)Any additional information required to complete the cleanup.
b.Any required additional information shall be submitted within a time frame specified by the Director.
10.No Further Action
a.The Director may issue a no further action letter upon completion of the corrective action where:
(1)The status reports have been submitted in accordance with the approved schedule, were found to be complete and accurate, and demonstrate that the contaminant concentrations are at or below applicable standards; or
(2)The threat to human health and the environment has been eliminated or reduced to the satisfaction of the Director.
J.Report Submittals
1.All reports submitted to the Department per the requirements of this Section must be submitted in both hardcopy and electronic format (as specified by the Department).
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.15** Closure {#sec-250-ricr-140-25-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.15}
A.Applicability
1.This Section shall apply to all facilities where regulated substances and/or hazardous materials are or were stored as defined in § 1.4 of this Part. §§ 1.15(D)(10)(a) and 1.15(D)(8)(a)((6)) of this Part shall not apply to the following:
a.USTs which store fuel oil consumed on-site solely for heating purposes;
b.USTs of less than 1,100 gallons in capacity which store motor fuels at farm or residential sites, provided that the fuel is for on-site use; or
c.Holding tanks.
B.Prohibitions
1.The abandonment of any UST or UST system is prohibited. Any UST, or UST system that has been out of service for greater than 180 days and not in approved temporary closure shall be considered abandoned.
2.The removal, filling, or other permanent closure of any UST, UST system, and/or product pipeline that is regulated by the Department under § 1.4 of this Part is prohibited except as permitted by this Section after obtaining prior approval from the Director.
3.The removal from service or other temporary closure of any UST that is registered or required to be registered in accordance with this Regulation is prohibited except as permitted by this Section.
C.Temporary Closure
1.Temporary closure is not an alternative to permanent closure or UST removal. Temporary closures approved by the Department do not remove the obligation of owners/operators to comply with the requirements of this Part.
2.Limitations
a.Prior to the temporary closure of UST systems included in § 1.15(C) of this Part, owners/operators must receive written approval from DEM.
b.Initial (first-time) temporary closures are approved for a period of one year (365 days) from the date the application was received.
c.All single-walled UST components must be permanently closed according to the schedule outlined in § 1.10(D) of this Part regardless of temporary closure status.
3.Eligibility
a.In order to be eligible for a temporary closure the UST system must meet the following requirements:
(1)All USTs must contain less than 1” of product.
(2)All product piping and vapor return lines must be empty and purged of any remaining product.
(3)All product fill ports, Stage I and Stage II vapor Recovery ports, and any other accessible ports must be sealed with a locking tamper-proof cap and locked with a weather-resistant padlock.
(4)All vent lines shall contain appropriate vent caps that are fully functional and not sealed.
(5)Electricity to all pumps and dispensers shall be physically disconnected or locked out/tagged out.
(6)There must be a certified Class A and Class B, or Class A/B, operator assigned to the UST system.
(7)The UST system is not required to have active leak detection monitoring as long as there is < 1” of product in the tank.
4.Applying for Temporary Closure
a.All requests for temporary closure must be submitted on the Temporary Closure Application form available on the Department website. Other methods of requesting temporary closure, including written requests, are not valid.
b.Requests for temporary closure must be submitted at least 15 days in advance of the requested effective temporary closure date.
c.The temporary closure application should include supporting documentation to show that the UST system meets any and all applicable requirements identified in § 1.15(C)(3) of this Part.
d.Owners/operators should not assume their application for temporary closure has been approved until they receive an approval letter and must continue to maintain normal operating procedures until the temporary closure application has been approved.
5.Requirements While in Temporary Closure
a.Owners/operators of temporarily closed UST systems must continue to comply with release reporting and response requirements as outlined in § 1.14 of this Part.
b.Cathodic protection surveys must be completed according to the normal schedule identified in § 1.10(E) of this Part. If an impressed current cathodic protection system is in place, it must be checked for proper operation every 60 days.
c.A Class A, Class B, or Class A/B operator must be registered with DEM for the entire duration of the temporary closure and must visit the site biannually to ensure the facility and the UST components are in good condition, there are no missing components, lids, covers, or other safety devices, and no unsafe situations are developing on the property.
d.The Class A, Class B, or Class A/B operator must measure the product and water level in the tanks a minimum of once per year. If there is any change in the product or water level in the tanks, DEM must be notified within 24 hours and corrective action may be required.
e.Shear valves (i.e., Crash Valves), the continuous monitor system, sump sensors, overfill protection devices, spill buckets and sump interstitial space tightness, and liquid line leak detectors are not required to be tested while in temporary closure, however, must be tested prior to the addition of a regulated substances to the UST system.
f.UST and product piping tightness testing (e.g., interstitial space tightness testing on double wall tanks and lines or primary wall tightness for single wall tanks and lines) are not required to be performed while in temporary closure. However, tightness testing must be conducted prior to placing any regulated or hazardous materials in the UST. Any failed test results must be immediately investigated and repaired within 60 days.
g.The owner must continue to pay all UST registration fees throughout the duration of the temporary closure.
h.The owner/operator must comply with any other applicable Federal, State, and local regulations.
i.Inventory reconciliation and 0.2 GPH leak rate tests for single-walled tanks are not required to be performed while in approved temporary closure.
j.Approval of the temporary closure may be revoked at any time by DEM for failure to meet the minimum requirements identified in § 1.15(C) of this Part or for submittal of false information.
6.Re-Opening the UST System or Requesting an Extension to a Temporary Closure
a.The owner/operator of the facility must notify DEM 30 days prior to re-opening the UST system and must receive prior written approval before adding or dispensing any regulated substances or hazardous materials to the UST system.
(1)DEM may require additional testing, certification of components, additional documentation, repairs, or payment of fees prior to granting permission to re-open a temporarily closed UST system.
(2)If an owner/operator requested temporary closure due to failed UST system component(s), the component(s) must be repaired prior to reopening or requesting an extension to the initial temporary closure application.
b.The owner/operator may request up to four temporary closure extensions in increments of one year (365 days).
(1)All extension requests require documentation of an inspection conducted by the registered Class A or Class A/B operator conducted within 30 days of the application to document the UST facility conditions.
(2)DEM may require additional testing, completion of a Site Investigation and Site Investigation Report (SIR), certification of components, additional documentation, repairs, and payment of fees prior to granting an extension to the temporary closure.
(3)Extension requests must be submitted 30 days prior to the expiration of the current temporary closure and be submitted on the Temporary Closure Application form available on our website.
(4)A UST system may not be closed for more than five years as measured by the date of the original temporary closure approval. Any UST system which has been closed for more than five years must be permanently closed in accordance with § 1.15(D) of this Part.
D.Permanent Closure
1.Any UST, UST system, or product pipeline which is regulated under § 1.4 of this Part, is subject to the permanent closure requirements outlined in this Regulation. All permanent closures shall comply with the provisions of this Regulation and appropriate national codes of practice, including but not limited to "Closure of Underground Petroleum Storage Tanks", incorporated above at § 1.3(CC) of this Part and "Safe Entry and Cleaning of Petroleum Storage Tanks", incorporated above at § 1.3(DD) of this Part.
2.Prior approval and oversite from DEM is required for the permanent closure of any UST, UST system, or product pipeline before commencing any closure activities.
3.Permanent closure of a UST, UST system, or product pipeline may be requested by an owner at any time. Permanent closure of a UST, UST system, or product pipeline may be required under the following circumstances:
a.The UST, UST system, or product piping has been abandoned;
b.Any component of the UST, UST system, or product pipeline has exceeded the maximum temporary closure duration of five years;
c.The UST, UST system, and/or product pipeline has failed tightness testing and are unable to be satisfactorily repaired, exhibit evidence of structural failure, excessive corrosion, or damage;
d.The UST, UST system, or product pipeline no longer meets the minimum requirements outlined in §§ 1.10 and 1.11 of this Part;
e.The UST, UST system, product pipeline, or UST components exhibit evidence of a release;
f.As required by the Director.
4.Closure Applications - Owners/operators wishing to close a UST, UST system, or product pipeline, shall submit a UST and Product Pipeline Permanent Closure Application form, available on our website, to the Director at least ten days prior to the date the UST or product pipeline is to be permanently removed from service. Closure applications are valid for a period of one year. Such application shall be made on forms provided by the Department and shall include, but not be limited to:
a.The date of installation of the UST, UST system, and/or product pipeline;
b.The type of substance or material that was stored in the UST, UST system or product pipeline;
c.The closure method to be used and contractor to perform the work;
d.The size, type and location of the UST, UST system, and/or product pipeline;
e.Appropriate documentation demonstrating compliance with the approved closure procedures including, but not limited to:
(1)The method(s) to be used to empty the UST and/or product pipeline prior to excavation;
(2)The method to be used to remove the UST or product pipeline from the excavation;
(3)The names and contact information for the consultant who will prepare and submit the closure assessment report as described in § 1.15(D)(10) of this Part.
f.A description of the method(s) to be used to properly and safely vent the UST(s) and/or product pipeline and to properly make openings in the UST(s), including:
(1)Appropriate venting must be carried out both before any cutting of the tank, and before offsite transport of any tank which has not been completely cleaned per § 1.15(D)(8)(a)((3)) of this Part.
(2)A description of the instruments to be used to verify that the tanks have been properly vented.
(3)A description of how any residues in the tank will be managed; and
(4)Appropriate documentation demonstrating notification of local fire officials.
5.Closure Application Fees
a.There shall be a fee for processing a closure application, which shall be submitted with the application form(s). The closure application is valid for a period of one year, so once the year expires a new application and new processing fees must be submitted.
b.The processing fee shall be $75.00 per UST to be closed.
c.Payment of the fee, and all unpaid registration fees and late fes shall be made in the full amount. Checks or money orders shall be made payable to the "State of Rhode Island, General Treasurer", to be placed in a restricted receipt account to be used for the UST Program.
6.Emergency Closures
a.The time frame requirements in § 1.15(D)(4) of this Part may be waived by the Director in the event of an emergency UST, UST system, or product pipeline closure. A closure assessment report may be required for any emergency closure.
7.Illegal Tank Removals
a.Upon the discovery or reporting of a regulated UST, UST system, or product pipeline that was closed without compliance with this Part, the UST owner /operator shall perform the following:
(1)Submit a completed UST and Product Pipeline closure application in accordance with § 1.15(D)(4) of this Part.
(2)Perform test pits with the number and locations as directed by DEM.
(3)Submit a completed Closure Assessment Report in accordance with § 1.15(D)(10) of this Part.
8.UST and Product Pipeline Removal
a.Upon approval by the Director of an application to close USTs, the UST system, or product pipelines, the owner may permanently close the specified components provided that:
(1)All product is removed from the UST(s), UST system, and/or product pipelines;
(2)Local fire safety officials have been notified of the date, time, and place of removal activities;
(3)The UST and product pipelines have been cleaned to remove any remaining product or residual material and such product or residual material is disposed of in accordance with applicable federal, state and local statutes, ordinances, Rules and Regulations;
(4)The gaseous vapors are released at the site in a safe manner consistent with national codes of practice, and in accordance with the closure application submitted to and approved by the Director;
(5)The owner shall make arrangements such that the UST(s) and product pipeline to be closed and the excavation zone shall be made available to be viewed and inspected by DEM personnel during the scheduled closure process, at the discretion of the Director.
(6)The owner is required to retain an environmental consultant to be present on the site during the UST and/or product pipeline removal process in order to ensure that an adequate closure assessment is performed, where required.
(7)Before final disposal, openings shall be made in the UST(s) to render it unfit for further use;
(8)Any excavated contaminated soil or debris is stored, handled and disposed of in accordance with appropriate state and federal statutes, Rules or Regulations; and
(9)The owner of the facility, as well as the person responsible for transporting any residues or contaminated soil generated by the closure, must keep records indicating the final destination for all such materials, the date(s) of such shipment(s), and the person or company responsible for the transportation. In the case of material managed as a hazardous waste, the manifest required by the Department's Rules and Regulations for Hazardous Waste Management, Subchapter 10 Part 1 of this Chapter, will satisfy this requirement.
9.UST and Product Pipeline Closure in Place
a.Upon approval by the Director, the owner of a facility may permanently close UST(s), UST system, or product pipeline via a Closure In Place which allows the components to remain in the ground provided that:
(1)The owner requests approval for closure in place in writing to the Director and approval is granted prior to the closure. The request must provide specific detailed information that demonstrates closure in place is necessary because the removal of the UST(s) or product pipeline would adversely impact the structural integrity of a building, permanent structure, sensitive/critical utilities, or other active UST(s) or product pipelines, or the removal of the UST(s) or product pipeline would adversely impact an environmentally sensitive area, or the UST(s) or product pipeline is inaccessible to typical removal equipment.
(2)For tanks and product pipelines not exempted from closure assessments by § 1.15(A) of this Part, the request must include a scope of work for the closure assessment that includes soil and groundwater sampling sufficient to determine whether a release has occurred. The closure assessment report must be prepared in accordance with § 1.15(D)(10) of this Part and submitted to the Director within 30 days of the closure.
(3)For UST(s) and/or product pipelines exempted by § 1.15(A) of this Part, the owner must either conduct a closure assessment or opt to have all USTs and product pipelines tightness tested. If any test results are not passing, a closure assessment is required and a scope of work for soil and groundwater sampling sufficient to determine if a release has occurred must be submitted for prior approval by the Director.
(4)All product is removed from the UST(s) and all connecting product pipelines;
(5)The UST(s) and, if applicable, product pipelines, are cleaned to remove any remaining product or residual material and such product or residual material is disposed of in accordance with applicable federal, state and local statutes, ordinances, Rules and Regulations;
(6)All fill, gauge, pump and vent lines are disconnected and all inlets and outlets are permanently capped or plugged; and
(7)All USTs are filled completely with a slurry concrete or flowable fill and all remaining product pipelines are permanently capped and secured against tampering.
10.Closure Assessment Report
a.Except as otherwise provided in § 1.15(A) of this Part, the owner of any UST, UST system, and/or product pipeline which is to be permanently closed shall have a closure assessment performed to determine if a release has occurred. The closure assessment will also be required of those USTs and product pipelines exempted by § 1.15(A) of this Part when evidence of a release is discovered during closure.
b.The closure assessment shall be conducted by and a closure assessment report prepared by an environmental consultant, in accordance with this rule and the DEM’s UST Closure Assessment Guidelines. The Closure Assessment Report shall include, but not be limited to:
(1)A background description of the site including location, use of the facility, and a summary of any available tank and line leak detection results;
(2)A locus map using the U.S. Geological Survey 7.5 minute quadrangle map;
(3)A detailed site plan showing the location of all former or existing USTs, product and vapor line pipelines, dispensers, buildings, utilities, monitoring wells, drinking water wells, soil screening locations, soil sampling locations and any other pertinent site features;
(4)Descriptions of all USTs and product pipelines closed including size, construction type, depth to tank bottom, age and stored material;
(5)A description of the condition of the USTs and product pipelines including extent of corrosion, identification of any holes and any other indication of leakage;
(6)Photographic documentation of the condition of each UST and/or product pipeline removed;
(7)A description of the soil conditions in the excavation zone such as soil classification, gradation, extent of compaction and any other notable physical characteristics;
(8)A description of soil contamination, including visual and olfactory observations, field screening and laboratory analytical methods used and all results;
(9)A description of groundwater encountered in the excavation zone including depth to water and appearance with respect to the presence of any sheen or free product;
(10)A description of groundwater obtained from monitoring or observation wells, where present, including any gauging results;
(11)Identification of the DEM groundwater classification at the site and surrounding areas, the availability of public water and presence of private or public wells;
(12)Any potential receptors such as, but not limited to, surface waters, basements, storm drains, sewer lines or other utilities where contamination is identified;
(13)Description of the management of all excavated contaminated soil, including proper cover while stockpiled on-site and documentation of proper disposal;
(14)Documentation of proper disposal of the tank(s) and the residual sludge material;
(15)Any other information or documentation required to complete the closure assessment; and
(16)Conclusions as to whether a release has occurred and recommendations for further investigation and/or remediation.
c.The closure assessment report shall include the following signed statements:
(1)A statement signed by the registered professional engineer, or the certified professional geologist, or the registered professional geologist, who prepared the report or who directly supervised preparation of the report, certifying the accuracy of the information contained in the report; and
(2)A statement signed by the facility owner that the report is complete and accurate.
(3)A completed UST Closure Assessment Report Checklist.
d.The owner shall submit the Closure Assessment Report to the Director within 30 days after the date of the UST closure; or as specified by the Director.
e.All reports submitted to the Department per the requirements of this Section must be submitted in both hardcopy and electronic format (as specified by the Department).
11.In response to conditions identified by a representative of the Department or reported to the Department, the Director may require one or more of the following actions during the UST closure:
a.The collection and analysis of soil samples in and around the UST excavation zone and/or product pipeline trench conducted in accordance with standard EPA methods and protocols or other methods approved by the Director;
b.Excavation and stockpiling of contaminated soil from in and around the UST or product pipeline excavation for offsite disposal; and/or
c.Free product removal or other remedial activities applicable under §§ 1.14(E) and (F) of this Part, the RI DEM "Oil Pollution Control Regulations", Part 2 of this Subchapter, or other state and federal statutes, Rules or Regulations.
12.When required by the Director, the owner of a UST system permanently closed before December 22, 1988 shall assess the excavation zone in accordance with this Section if, in the judgment of the Director, releases from the UST pose a potential threat to human health or the environment.
13.Certificate of Closure
a.Following DEM inspection of a closure or receipt of a Closure Assessment Report that satisfies the Requirement in § 1.15(D)(10) of this Part, the Director shall:
(1)Issue a Certificate of Closure; or
(2)Require that additional actions be taken in accordance with § 1.14 of this Part if there is evidence of a release.
b.All Certificates of Closure issued under the "Emergency Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials", adopted 9 October,1984 shall remain in full force and effect provided that the owner submit a written certification in accordance with § 1.17 of this Part.
c.The Director shall not issue a Certificate of Closure until it is satisfied that all residues and contaminated soil generated as a result of the closure have been properly transported to an authorized facility and all investigatory and remedial actions have been completed in accordance with § 1.14 of this Part.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.16** Approval of Tank and/or Line Tightness Tests, Leak Detection Methods and Licensing Requirements {#sec-250-ricr-140-25-1-1.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.16}
A.Applicability
1.This Section applies to all companies and persons who conduct tightness or leak detection tests on underground storage tanks and product pipelines located in Rhode Island, and the manufacturer or developer of the tests.
B.Prohibition
1.No person shall conduct tightness or interstitial testing on underground storage tanks or tank components in Rhode Island except as in compliance with the licensing and other provisions of this Section.
2.A licensed tester shall not authorize any other person to conduct tightness or interstitial testing under his/her license.
3.A licensed tester cannot transfer his/her license to any person.
4.Licensed testers shall perform tightness or interstitial tests in accordance with protocols provided by the developer or manufacturer of the testing equipment, and in accordance with related protocols provided by the National Work Group on Leak Detection Evaluations.
5.All tightness and interstitial testing methods must be approved by the Director prior to use.
C.Approval of Tank and Line Tightness and Interstitial Test Methods
1.The Department shall maintain a list of tank and line tightness test methods that have been approved for use in Rhode Island.
2.To obtain approval of a tank and/or line tightness test method, the manufacturer or developer of the method shall submit to the Director:
a.The protocols, operating manuals, performance data, and other pertinent information that demonstrates by clear and convincing evidence that the leak detection method satisfies the requirements of a tightness test as defined in § 1.5 of this Part, and 40 C.F.R. § 281.33 and the method can be performed reliably and effectively;
b.The entire third party evaluation reports conducted in accordance with the Standard Test Procedures for Evaluating Leak Detection Methods issued by the EPA. These reports must be complete and include all data, method description reports, test results, reports and other information required in the above-referenced EPA procedures;
c.Verification that the method is included in the most current publication of the National Work Group on Leak Detection Evaluations;
d.Verification that the method requires certification of the individual testers who perform the entire test, and a detailed description of the certification procedure;
e.Agreement from the manufacturer or distributor to provide certified training in the approved method to DEM employees, at no cost to the Department.
D.Licensing Procedures for Testers
1.Any individual wishing to be licensed to conduct tightness or interstitial tests in Rhode Island shall submit a completed application to the Director which includes, but may not be limited to, the following:
a.A copy of a valid certificate issued by the manufacturer of the equipment of a DEM accepted test method that indicates that the applicant has successfully completed all training courses pertaining to the operation of the test equipment;
b.Identification of the owner(s) of the equipment to be used by the applicant to perform tests; and identification of who has and will maintain and calibrate the equipment;
c.A copy of a certificate of liability insurance specifying tightness-testing or interstitial-testing activities for the entity which owns or operates the equipment which provides for coverage of bodily injury of at least $100,000 per person and an aggregate of $300,000, per occurrence, and provides for property damage of at least $50,000 per accident with an aggregate of $100,000;
d.An initial application license fee of $100.00. Checks or money orders shall be made payable to "Treasurer, State of Rhode Island, Water and Air Protection Fund".
2.All tightness and/or interstitial tester licenses shall expire annually on September 30, and it shall be the responsibility of each licensed tester to renew that license in accordance with the provisions of this Section.
3.At least 30 days prior to the expiration of a license, a tester shall submit a complete license renewal application on forms as provided by DEM, and a renewal fee of $100.00.
4.An application is considered submitted if it includes all of the required information and fees. A tester who fails to submit a complete application at least 30 days prior to the expiration of his/her license, shall be subject to a late fee charge of $25.00. Should the processing time of an untimely renewal application extend beyond the expiration date of the previous license, the tester may not conduct any tightness tests in Rhode Island until after the license renewal is issued.
5.Upon review and approval of a license application, either new or renewed, the Director shall issue a license.
6.A licensee shall notify the Director of any change in his or her business address within 30 days of such change.
E.Licensing Procedures for Testing Businesses
1.Any business who employs or subcontracts licensed testers to conduct tank and/or piping tests in Rhode Island are required to submit a completed application for a tank testing business license to the Department which includes, but is not limited to, the following:
a.A complete list of all tank tightness and/or interstitial testers that the business employs or subcontracts to conduct tank testing in Rhode Island;
b.Identification of who owns the testing equipment used by the testers, identification of who maintains and calibrates the testing equipment, and identification of the testing equipment by the Manufacturer, Model number, Serial number, etc.;
c.A copy of a certificate of liability insurance specifying tank tightness or interstitial testing activities for the entity which owns or operates the equipment which provides for coverage of bodily injury of at least $100,000 per person and an aggregate of $300,000, per occurrence, and provides for the property damage of at least $50,000 per accident with an aggregate of $100,000.
2.All testing business licenses shall expire annually on September 30, and it shall be the responsibility of each licensed testing business to renew that license in accordance with the provisions of this Section.
3.At least 30 days prior to the expiration of a license, a testing business shall submit a complete license renewal application on forms as provided by DEM.
4.Should the processing time of an untimely renewal application extend beyond the expiration date of the previous license, testers employed by the business may not conduct any tests in Rhode Island until after the license renewal is issued.
5.A UST system testing business shall notify the Director of any change in his or her business address within 30 days of such change.
F.Suspension or Revocation of License
1.Whenever the Director has reasonable grounds to believe that a licensed tester or testing business has not acted in compliance with this Regulation or has conducted tests in such a way as to violate R.I. Gen. Laws Chapters 23-19.1, 42-17.1 or 46-12, the Director may suspend or revoke that person's testing license. A suspension or revocation of a testing license may also include, but not be limited to, the following:
a.An assessment of penalties;
b.An order directing the tester and/or testing business to submit documentation pertaining to his/her past UST testing activities; and
c.An order directing the tester and/or testing business to arrange for another licensed third party tester to re-test certain named USTs or UST systems at the expense of the alleged violator.
2.The Director shall revoke a testing license whenever it is determined that the tester or testing business did not act in compliance with this Regulation or conducted tests in violation of R.I. Gen. Laws Chapters 23-19.1, 42-17.1 or 46-12. The Director reserves the right, upon notice to the alleged violator, to upgrade any license suspension to a license revocation based upon newly discovered information.
G.Procedure for Suspension and Revocation
1.Upon learning of reasonable grounds to believe that a violation has occurred, the Director shall notify the tester and/or testing business, by certified mail, of the facts and/or conduct warranting the intended suspension or revocation. Such notice shall be for the purpose of allowing the tester and/or testing business an opportunity to show compliance with all lawful requirements for the retention of his/her license.
2.If the tester and/or testing business fails to show compliance with the requirements for retaining his/her license to the satisfaction of the Director, then the Director shall issue a Notice of Suspension or Revocation enumerating the facts or conduct warranting the suspension or revocation and the statutes and/or regulations violated.
3.All Notices of Suspension or Revocation shall be forwarded to the licensee by certified mail or served upon the licensee in accordance with the Rhode Island Superior Court Rules of Civil Procedure.
H.Requests for Hearings
1.Persons wishing to request a hearing in regard to the suspension or revocation of a testing license may do so by filing a hearing request with the Department's Administrative Adjudication Division in accordance with the "Administrative Rules of Practice and Procedure for the Department of Environmental Management," Part 20-00-1 of this Title, within 30 days of the licensee's receipt of the Notice of Suspension or Revocation. Whenever a hearing request is not filed in a timely fashion, the Notice of Suspension or Revocation shall automatically become a Compliance Order of the Department enforceable in Superior Court.
2.Upon upholding by AAD of the suspension or revocation of a license, and unless appealed to Superior Court, the Director shall notify the manufacturer of the testing equipment of the suspension or revocation and request concurrent action.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.17** Signatories to Registration and Closure Applications {#sec-250-ricr-140-25-1-1.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.17}
A.Signatures
1.No person may sign an application for a Certificate of Registration or Closure except in the manner set forth in this Part:
a.For a corporation: The application shall be signed by a responsible corporate officer. For the purpose of this Part, a responsible corporate officer means:
(1)A president, secretary, treasurer, or vice-president 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
(2)The manager of one or more facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $21 million (in second-quarter 1980 dollars) if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(3)DEM does not require specific assignments or delegations of authority to responsible corporate officers identified in § 1.17(A)(1)(a) of this Part. The DEM will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the Director to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under §§ 1.17(A)(1)(a) or (b) of this Part rather than to specific individuals.
b.For a partnership, limited partnership or sole proprietorship; by a general partner or the proprietor, respectively;
c.For a municipality, state, federal, or other public agency; by either a principal executive officer or ranking elected official. For purposes of this Section, a principal executive officer of a federal agency includes:
(1)The chief executive officer of the agency, or
(2)A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA).
d.For a military installation; by the Installation Commander of a rank of 06 or higher, if the installation employs more than 250 persons and authority to sign permit applications has been assigned or delegated to the Installation Commander in accordance with applicable Department of Defense (DOD) procedures. If an Installation Commander does not meet these requirements, the permit application must be signed by a superior officer who meets the requirements. In addition, where a tenant is present on the installation and has authority or responsibility for any aspect of the regulated activity, the Tenant Commander (rank of 06 or higher) must also sign the application. The Tenant Commander must also employ more than 250 persons and have been assigned or delegated authority to sign permit applications in accordance with applicable DOD procedures. Again, if the Tenant Commander does not meet these requirements, the permit application must be signed by a superior officer meeting the requirements.
B.Reports
1.All reports required by this Part and other information requested by the Director shall be signed by a person described in § 1.17(A) of this Part, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
a.The authorization is made in writing by a person described in § 1.17(A) of this Part;
b.The authorization specifies either an individual or a position having responsibility for overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and
c.The written authorization is submitted to the Director.
C.Changes to Authorization
1.If an authorization under §§ 1.17(A) or (B) of this Part is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of this Section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative.
D.Certification
1.All documents required to be signed in accordance with § 1.17(A) of this Part shall contain the following certification:
a."I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to be the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.18** Transfer of Certificates of Registration and Closure {#sec-250-ricr-140-25-1-1.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.18}
A.Prohibition
1.No person shall transfer ownership of a UST facility or facility component without notification to the Director as provided in § 1.18(B) of this Part.
B.Transfer of Registration Certificates
1.DEM must be notified of any change in UST facility, UST system, or property ownership in writing within seven days of the transfer.
2.The individual, group, or entity selling or otherwise transferring the UST facility, UST system, or property must notify DEM in writing within seven days of selling, gifting, or otherwise transferring ownership of the UST Facility, UST System, and/or property.
3.The individual, group, or entity assuming ownership or responsibility of the UST facility, UST system, or property must complete and submit the DEM-provided form titled “Transfer of Ownership and UST Registration” and submit to DEM within seven days of assuming ownership or responsibility for the UST facility, UST system, or property.
4.Failure of the registered UST owner to notify DEM of any change in ownership may result in the individual, group, or entity being considered a responsible party even if the UST system was sold, transferred, or gifted.
C.UST Registration fees and any applicable late fees are transferred upon sale, transfer, or change in ownership of the UST system and/or facility and will become the responsibility of the new owner or responsible party.
D.Transfer of Records
1.The existing Certificate holder shall deliver to the new owner or operator all documents and information related to the UST, facility or system, including, but not limited to, all records required to be maintained in § 1.13 of this Part.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.19** Holding Tanks {#sec-250-ricr-140-25-1-1.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.19}
A.Applicability
1.Except as provided by § 1.4(D) of this Part, all owners and operators of UST systems used to collect and store discharges containing regulated substances or hazardous materials from floor drains or other piping outlets shall be subject to this Section.
B.Registration
1.Existing holding tanks are required to have been registered prior to July 1, 1994. The owner of new and replacement holding tanks installed on or after July 1, 1994 are required to apply for a certificate of registration from the Director before commencing installation of the holding tank.
C.Application for Registration
1.To apply for a certificate of registration, the facility owner shall complete, certify, and submit to DEM, application forms which shall be available from the Department.
D.Minimum Requirements for Existing Holding Tank Systems
1.The owner of a holding tank in operation prior to the commencement of this Regulation shall meet the following requirements:
a.Verify that the holding tank and associated piping are made of or lined with materials that are compatible with the material(s) being stored.
b.Verify that the holding tank and associated piping are solid, non-leaching, and in good operational condition.
c.Obtain written approval from the Director prior to any upgrade of a holding tank and its associated piping.
d.All holding tanks are required to be maintained in accordance with § 1.19(G) of this Part.
E.New Holding Tank System Requirements
1.Prohibitions
a.The installation of new holding tanks wherein the groundwater is designated as a wellhead protection area for a community well, pursuant to R.I. Gen. Laws Chapter 46-13.1, is prohibited. However, facilities where the USTs have been registered prior to the effective date of this Regulation and where the USTs have not been abandoned or removed from the ground for more than 180 days shall be permitted to be replaced with a tank of equivalent size and substance stored and in accordance with the provisions of this Regulation.
b.The installation of bare steel or metal holding tanks is prohibited.
c.In accordance with the RIDOH Rules and Regulations Pertaining to Public Drinking Water, 216-RICR-50-05-1, the installation of a UST within 200 feet of a public dug well or bedrock well or within 400 feet of a gravel-developed well is prohibited.
d.No person shall commence construction of a new holding tank system or replacement holding tank system, and no modification may be made to any holding tank facility for which an application for a certificate of registration is required, without prior written notification to and approval by the Director.
2.Compatibility
a.All new or replacement holding tanks and/or piping systems shall be made of or lined with materials that are compatible with the substance(s) stored. The owner/operator shall not introduce, or allow to be introduced, any material into a holding tank system that is incompatible with the holding tank system.
3.Tanks - Design and Manufacturing Standards
a.All new holding tanks installed in Rhode Island shall provide for secondary containment of the tank and associated piping, and shall be constructed in accordance with the requirements of § 1.11(E) of this Part.
4.Manufacturer's Test
a.Prior to installation, all new and replacement holding tanks shall be factory tested at a minimum of five pounds per square inch gauge and shall be guaranteed tight by the manufacturer. This guarantee shall be filed with the Director at the time of installation application.
5.Installation Standard:
a.All tanks, piping, and other related facility components shall be installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer's instructions.
b.The local city/town building official shall be notified prior to the commencement of installation.
6.Tightness Testing Upon Installation
a.All new and replacement tanks and/or lines shall be tightness tested upon completion of installation and in accordance with § 1.10(H) of this Part. The results of this initial tightness test shall be submitted to the Director within 30 calendar days of test completion or in the event of a leak, in accordance with § 1.14 of this Part. No further tightness testing will be required beyond installation, unless the Director has reason to believe the holding tank or its secondary containment has been breached.
7.Piping - Design Construction and Installation
a.All new or replacement underground piping that contain regulated substances, including fittings and connections, shall be designed and constructed in accordance with the following:
(1)Fiberglass reinforced plastic piping and nonmetallic flexible piping shall be made of materials listed by Underwriters Laboratories (UL) or Underwriters Laboratories of Canada (ULC); and be equipped with secondary containment.
(2)All steel or metal piping which contains a regulated substance shall be equipped with secondary containment, and all such piping that is in contact with the ground shall be cathodically protected with an impressed current system. All cathodic protection systems shall be designed, installed, operated and maintained in accordance with the national codes of practice listed in § 1.11(E)(1)(c) of this Part.
8.Overfill Prevention Equipment
a.All new and replacement holding tank systems shall be provided with equipment to prevent overfilling during normal operation.
F.Facility Modification
1.No substantial modification may be made to any holding tank facility for which an application for a certificate of registration is required without prior written notification to and approval by the Director.
G.Maintenance Requirements
1.All wastes shall be removed from the holding tank as necessary and in accordance with appropriate state, local, and federal Rules and Regulations.
2.Records of all waste removals must be maintained on site for a minimum of five years.
3.All tanks and associated piping must be maintained in accordance with manufacturer’s standards.
4.On a yearly basis, the space between the secondary containment and the holding tank shall be physically monitored to verify that neither the tank nor the secondary containment have been breached. If either has been breached, the Director shall be notified in accordance with § 1.14(D) of this Part.
5.Upon reasonable notice, the owner/operator shall make available for inspection by the Director, any records required under this Subsection.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.20** Variances {#sec-250-ricr-140-25-1-1.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.20}
A.Variance Requests
1.Any owner/operator of a facility, or person subject to this Regulation may submit a written request to the Director for a variance from some or all provisions of this Regulation. Such request for a variance must, at the minimum, contain the following:
a.The name and address of the facility owner/operator, and/or person requesting the variance;
b.The name, location, and registration number of the facility for which the owner/operator seeks a variance, if applicable;
c.Identification of the specific rule or rules from which a variance is requested;
d.A statement of the reasons for which the facility owner/operator and/or person seeks a variance. This statement shall specify the reasons that the facility owner/operator and/or person is unable to comply with this Part, why a variance is necessary, and the reasons why hardship is alleged. The person seeking the variance should separately and by number list each reason and any other mitigating factor he/she believes the Director should consider;
e.An explanation that the alternative procedures requested are substantially equivalent to the Rules and Regulations herein in achieving protection of the public health and the environment; and
f.The signature of the person requesting the variance.
B.Variance Decisions
1.The owner/operator and/or person shall have the burden of proving by clear and convincing evidence that a variance should be granted because alternative design, operating standards or procedures are substantially equivalent to the regulations and will have no adverse effect on public health and the environment.
2.If the Director determines that there is widespread public interest or that the variance request raises major issues that could affect other facilities, then the Director may schedule a public hearing to solicit public comment prior to rendering a decision on the variance request.
3.The Director's decision to grant or deny a variance shall be in writing and may, as a condition of granting the variance, impose appropriate requirements necessary to protect the public health and environment.
C.Appeal of Variance Denials
1.Any person affected by the grant or denial of a variance request may, in accordance with the Administrative Rules of Practice and Procedure for the Department of Environmental Management, Part 20-00-1 of this Title of this Title, file an appeal to review the initial decision. All appeals must be received by the Administrative Adjudication Division within 30 days of receipt of the denial of the variance.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.21** Appeals {#sec-250-ricr-140-25-1-1.21 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.21}
A.Any person affected by a decision of the Director pursuant to this Regulation may, in accordance with Administrative Rules of Practice and Procedure for the Department of Environmental Management, Part 20-00-1 of this Title, file a claim for an adjudicatory hearing to review the decision. The party appealing a Department decision bears the burden of proving that their application or actions comply with all requirements of the Rules and Regulations herein.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
##### **250-RICR-140-25-1 § 1.22** Penalties {#sec-250-ricr-140-25-1-1.22 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-1#1.22}
A.The Director shall assess all penalties for violation of this Regulation in accordance with the provisions of R.I. Gen. Laws Chapters 46-12, 42-17.1, 42-17.6 and 23-19.1 and the "Rules and Regulations for Assessment of Administrative Penalties", Part 130-00-1 of this Title.
**History**
- *Amendment — effective from 2025-09-28 to current*
- *Periodic Refile — effective from 2022-01-04 to 09/28/2025*
- *Amendment — effective from 2018-11-20 to 01/04/2022*
- *Amendment — effective from 2011-04-26 to 11/20/2018*
- *Amendment — effective from 2008-12-30 to 04/26/2011*
- *Amendment — effective from 2007-08-13 to 12/30/2008*
- *Amendment — effective from 2005-06-28 to 08/13/2007*
- *Amendment — effective from 2002-10-22 to 06/28/2005*
- *Amendment — effective from 2002-07-01 to 10/22/2002*
- *Periodic Refile — effective from 2001-12-31 to 07/01/2002*
#### **250-RICR-140-25-2** Oil Pollution Control Regulations
##### **250-RICR-140-25-2 § 2.1** Purpose and Goals {#sec-250-ricr-140-25-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.1}
These Regulations are intended to prevent the discharge, escape or release of oil onto the land or into the waters of the State, and to preserve and protect the quality of the waters of the State, consistent with the purposes of the Federal Clean Water Act, 33 U.S.C. § 1251 et seq. (2018) and R.I. Gen. Laws Chapter 46-12.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.2** Authority {#sec-250-ricr-140-25-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.2}
These Regulations are adopted pursuant to R.I. Gen. Laws Chapters 46-12, 42-17.1 and 42-35.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.3** Incorporated Materials {#sec-250-ricr-140-25-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.3}
A.These Regulations hereby adopt and incorporate NFPA 30: Flammable and Combustible Liquids Code, 2018 Edition (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.These Regulations hereby adopt and incorporate NFPA 30A: Code for Motor Fuel Dispensing Facilities and Repair Garages, 2018 Edition (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.
C.These Regulations hereby adopt and incorporate API Standard 650, 12th Edition, March 2013 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.
D.These Regulations hereby adopt and incorporate UL 142, 10th Edition, May 2019 by reference, not including any further editions or amendments thereof, and only to the extent that the provisions therein are consistent with these Regulations.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.4** Definitions {#sec-250-ricr-140-25-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.4}
A.Whenever used in these Regulations, the following terms shall have the following meanings:
1.“Abandonment” means the relinquishment or termination of possession, ownership or control of a storage container by vacating, or by disposition.
2."AST" or “aboveground storage tank” means any container used to store oil. These containers are used for purposes including – but not limited to – the storage of oil prior to use, during use, or prior to further distribution in commerce. DEM regulates ASTs greater than five hundred (500) gallons in size, and facilities with a combined storage capacity greater than five hundred (500) gallons.
3."Bilge waste" means the waste from the lower part of a vessel's containment area or hold.
4."Biological additives" means microbiological cultures, enzymes, or nutrient additives that are deliberately introduced into an oil discharge for the specific purpose of encouraging biodegradation to mitigate the effects of the discharge.
5."Boom" means a structural device or devices used to contain and/or absorb oil or other pollutants that may be placed into water.
6."Burning agents" means those additives that, through physical or chemical means, improve the combustibility of the materials to which they are applied.
7."C.F.R." means Code of Federal Regulations.
8."Chemical agents" means those elements, compounds or mixtures that coagulate, disperse, dissolve, emulsify, foam, neutralize, precipitate, reduce, solubilize, oxidize, concentrate, congeal, entrap, fix, make the pollutant mass more rigid or viscous, or otherwise facilitate the mitigation of deleterious effects or removal of the pollutant from the water.
9.“Container” means any barrel, bottle, drum, vessel, storage tank, or the like that holds any oil, chemical, or product derived from petroleum distillate.
10."DEM" means the Rhode Island Department of Environmental Management.
11."Director" means the Director of the Department of Environmental Management or any subordinate or subordinates to whom he/she has delegated the powers and duties vested in him/her by law or Regulation.
12."Discharge" means the addition of any pollutant to the waters from any point source or placement where it is likely to enter waters of the State.
13."Dispersants" means those chemical agents that emulsify, disperse or solubilize oil into the water column, or promote the surface spreading of oil slicks to facilitate dispersal of the oil into the water column.
14."Facility" means any parcel of real estate or a contiguous series or parcels of real estate together with any and all structures, facility components, improvements, fixtures and other apparatuses located herein which constitutes a distinct geographic or commercial unit and at which petroleum products and/or oil are stored.
15."GAA" means classification of groundwater suitable for public drinking water use without treatment pursuant to R.I. Gen. Laws § 46-13.1-4 and any Rules and Regulations promulgated thereunder. The GAA classification areas for the State of Rhode Island can be found at www.dem.ri.gov/programs/benviron/water/quality/prot/pdfs/gwclass.pdf.
16."GA" means classification of groundwater suitable for public or private drinking water without treatment pursuant to R.I. Gen. Laws § 46-13.1-4 and any Rules and Regulations promulgated thereunder.
17."Groundwater" means all underground waters of whatever nature.
18."NFPA code 30" means the National Fire Protection Association publication number 30 entitled, "Flammable and Combustible Liquids Code."
19."NFPA code 30A" means the National Fire Protection Association publication number 30A entitled, "Code for Motor Fuel Dispensing Facilities and Repair Garages."
20."Oceangoing ship" or "seagoing vessel" means a vessel that:
a.Is operated under the authority of the United States and engages in international voyages; or
b.Is operated under the authority of the United States and is certified for ocean service; or
c.Is operated under the authority of the United States and is certified for coastwise service beyond three (3) miles from land; or
d.Is operated under the authority of the United States and operates at any time seaward of the outermost boundary of the territorial sea of the United States; or
e.Is operated under the authority of a country other than the United States.
21."Oil" means petroleum, gasoline, tar, asphalt, or any product or mixture thereof, or any substance refined from petroleum or crude oil.
22."Oil carrying vessel" means any floating craft or vessel equipped to carry bulk oil as cargo, or equipped to carry more than five thousand (5,000) gallons of fuel for its own use or which carries oil or chemical wastes.
23."Oil spill cleanup debris" means waste resulting from the cleanup of oil debris caused by spilling, depositing, releasing or placing of oil onto the land or waters of the State and include but not be limited to soil, absorbent material, or any other material contaminated with oil.
24."Operator" means the person or persons in control of or having responsibility for operating or maintaining any property which is subject to these Regulations.
25."Owner" means the person who holds title to, or lawful possession of, real or personal property which is subject to these Regulations.
26."Person" means an individual, trust, firm, joint stock company, corporation (including a quasi-government 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-government corporation), or any interstate or international body.
27."Point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, tank, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
28."Place" or "release" means adding, spilling, releasing, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, spraying into the air, dumping or disposing oil into the environment that either poses a risk to human health or welfare, or has the potential to contaminate land and/or is likely to enter the waters of the State.
29."Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, or industrial, municipal, agricultural or other waste, petroleum products, including but not limited to oil.
30."Reception facility" means a facility that has obtained a "certificate of adequacy" from the Coast Guard pursuant to 33 C.F.R. Part 158 (2018), and means anything capable of receiving shipboard oil or chemical wastes that includes, but is not limited to:
a.Fixed piping that conveys wastes from the vessel to a storage or treatment system;
b.Tank barges, railroad cars, or tank trucks and other mobile facilities; and
c.Any combination of fixed and mobile facilities. This term shall also include "certified shore facility or terminal", as used in R.I. Gen. Laws § 46-12-37.
31."Sinking agents" means those additives applied to oil discharges to sink floating pollutants below the water surface.
32."Surface collecting agents" means those chemical agents that form a surface film to control the layer thickness of oil.
33."Terminal" means an onshore facility or an onshore structure used or intended to be used as a port or facility for the transfer or other handling of oil. A ship repair yard is a terminal.
34.“Threat of release” means a reasonable likelihood of an imminent and substantial threat to public health or welfare, or the environment, that may require action to prevent or mitigate damage resulting from said release.
35."Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, whether self-propelled or otherwise, and shall include barges, tugs and any other floating structure used for the storage and/or transportation of oil.
36."Waters of the state" means all surface waters and groundwaters, including waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond or lake, wetlands and all underground waters of whatever nature.
37.“Wellhead protection area” means the critical portion of a three-dimensional zone surrounding a public well or wellfield through which water will move toward and reach such well or wellfield as designated by the Director.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.5** Applicability and Construction {#sec-250-ricr-140-25-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.5}
A.These Regulations are applicable to activities conducted in or on the waters or land of the State, as well as to those activities conducted in a location where oil or other pollutants are likely to enter the waters of the State. All persons who engage in the storage, delivery, or transportation of oil, including industry and Federal, State, and local governments, as well as, to a limited extent, residential homeowners, may be subject to these Regulations.
B.Persons and activities subject to these Regulations may also be subject to other State and Federal Regulations, including, but not limited to: Rhode Island Regulations for the Rhode Island Pollutant Discharge Elimination System (Part 150-10-1 of this Title), Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Part 1 of this Subchapter), Water Quality Regulations (Part 150-05-1 of this Title), Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter) and Rules and Regulations for Hazardous Waste Management (Subchapter 10 Part 1 of this Chapter).
C.These Regulations shall be construed in harmony with other Rhode Island Regulations and those Regulations promulgated by the Coastal Resources Management Council and Federal agencies who may have concurrent jurisdiction. In cases where these Regulations may conflict with other Regulations, the more restrictive Regulations shall govern.
D.The DEM may require any person subject to these Regulations to provide additional information about any activity subject to these Regulations where such information is deemed necessary. Failure to disclose such information shall be cause for initiating appropriate enforcement action and shall constitute valid cause for denial of a permit or order of approval and may result in an order restricting certain activities.
E.These Regulations shall be liberally construed to permit the DEM to effectuate the purposes of the State law.
F.Nothing in these Regulations shall be deemed to interfere with the Director's power and duty to issue an immediate order pursuant to R.I. Gen. Laws §§ 46-12-10 and 42-17.1-2.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.6** Prohibited Activities {#sec-250-ricr-140-25-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.6}
A.No person shall place oil or pollutants into the waters or onto the land of the State, or in a location where they are likely to enter the waters of the State, except in compliance with the terms and conditions of a permit or order issued by the Director. This prohibition shall include, but not be limited to, oil or pollutants from:
1.Storm water runoff from an oil refinery, oil storage tank farm, or oil manufacturing industry;
2.Boat or ship repair and maintenance, including dry dock operations;
3.Bilge or ballast water from any vessel;
4.Exhaust steam from any coil or other device used to heat oil;
5.Drainage from underground pipe gallery used as a conduit for oil pipes;
6.Drainage from the floors of a boiler room;
7.Drainage from dike areas around oil storage tanks;
8.Drainage to unauthorized underground injection wells or lagoons;
9.Drainage from automobile repair, maintenance or wrecking operations.
10.Petroleum releases from vehicles.
11.The abandonment of containers.
B.This section shall not prevent the discharge into any public sewer system, provided that the local public sewer authority approves such discharge, and that such discharge complies with local, State and Federal pretreatment requirements.
C.This section shall not prevent the discharge of oil waste or chemical waste or bilge waste from an oceangoing ship into a "reception facility" that has obtained a "certificate of adequacy" pursuant to 33 C.F.R. Part 158 (2018), provided, however, that the owner or operator of the oceangoing ship complies with the financial responsibility provisions § 2.15 of this Part.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.7** Oil and Waste Transfers {#sec-250-ricr-140-25-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.7}
A.The owner and operator of an oil carrying vessel and the owner and operator of a terminal shall take the following precautions prior to and during the transfer of oil and wastes:
1.Any flexible hose used in the transfer shall be tested at a pressure in excess of that to which it will be subjected in use, and such test shall be conducted annually.
2.Drip pans shall be placed under hose connections on the oil carrying vessel, and drip pans and a tight wharf or pier section enclosed by a curb raised to not less than four inches (4”) above the deck level is provided under the hose connections on the wharf or pier. Drip pans must be in place before tight blank, as provided in § 2.7(A)(6) of this Part, is removed and they must remain in place until the blank is replaced and the hose is moved. This Rule shall not prevent the installation of a drain to a tight curbed wharf or pier section for the removal of storm water, provided the drain is tightly closed during any oil or waste transfer and no oil or waste contaminated drainage from the tight section is discharged into the waters of the State when the drain is open.
3.Hoses shall be supported so as not to become crushed between the oil carrying vessel at the wharf or pier and to prevent undue strain on the hoses and manifolds caused by sharp bends in the hoses.
4.Hoses shall be long enough so that they will not be strained by any movement of the oil carrying vessel if the vessel's mooring lines are adequately tended.
5.Mooring lines shall be tended frequently to prevent excessive movement of the oil carrying vessel at the wharf or pier.
6.Hose ends shall be blanked tightly when hoses are moved into position to be connected, and also immediately after they are disconnected, before they are moved away from their connections.
7.Throughout the transfer operation, a person shall be stationed on the deck of the oil carrying vessel in site of the hose and its connections, and another person shall be stationed on shore in sight of the hose and its shore connection. Other trained personnel, as necessary, shall be on duty so as to insure immediate action in case of a malfunction.
8.The scuppers on the oil carrying vessel shall be plugged watertight during the oil transfer or ballasting operation.
9.If the transfer is to take place after sunset and before sunrise, the decks and wharf or pier area, as well as the water area between the vessel and the wharf, shall be brightly illuminated and emergency auxiliary lighting and generating equipment shall be readily available.
10.All sea valves connected to the cargo piping, stern discharge, and ballast discharge valves shall be closed and sealed with a numbered seal.
11.All hose riser valves not to be used shall be closed and blank flanged, and all air valves on headers shall be closed.
12.Means of communication between the oil carrying vessel and shore shall be checked and all signals between the vessel and shore thoroughly understood.
13.Loading shall be started at a slow rate and an inspection made of the oil carrying vessel's tanks to determine that all is going according to plan before loading is increased to desired rate.
14.No more tanks shall be loaded at one time than can be safely watched and controlled.
15.Special attention shall be paid during the topping-off process to the loading rate, the number of tanks open, the danger of air pockets, and the inspection of tanks already loading.
16.To allow time for orderly control, the slow down for topping-off shall be anticipated and notice given to shore personnel.
17.Water around the oil carrying vessel's side shall be inspected frequently, especially in the area of the seacocks, to ensure that no oil is escaping overboard.
18.Upon completion of loading, all tank valves and loading valves shall be closed. After draining, hoses shall be disconnected and hose risers blanked.
19.Lines and valves in the pump rooms and on deck shall be checked by the ship's master or senior deck officer to see that they are properly set for discharging cargo. An additional check shall be made for the same purpose each time the setting is changed.
20.A check valve to prevent backflow shall be located in the discharge line of each oil cargo pump of a centrifugal type; the check valve shall be located at a point in the discharge line ahead of any connection the line makes with the discharge line from any other cargo pump on the vessel.
21.A copy of the "Declaration of Inspection", required by the United States Coast Guard pursuant to 33 C.F.R. § 156.150 (2018), shall be handed to the terminal superintendent or his representative, who shall, on demand, be given the opportunity to satisfy himself that the condition of the oil carrying vessel is as stated in the "Declaration of Inspection."
22.The terminal shall have readily available essential equipment to contain and remove any oil spillage, and have personnel available on a twenty-four (24) hour emergency basis who are familiar with such salvage or cleanup operations.
23.The owner/operator shall meet all sample collection requirements of the Coastal Resources Management Council.
24.The owner/operator shall obtain a permit, as required by the Coastal Resources Management Council, and comply with all permit terms and conditions.
25.No oil carrying vessel, while at anchor, shall transfer oil while gale warnings (wind velocity thirty-five (35) knots or more) are in effect.
26.Vessel-to-vessel transfers may be carried on at the dock with prior notification and approval of the United States Coast Guard. Offshore transfers may only be conducted in anchorage areas designated by the Coastal Resources Management Council, except for the transfer of fuel for a vessel's own use. Prior to conducting any vessel-to-vessel transfer the owner or operator of such vessels shall notify DEM of the date, time, and volume of such transfer and shall contract for emergency, stand-by cleanup services. The Director of DEM may, on an emergency basis, further restrict such vessel-to-vessel transfers and require that such transfers be limited to onshore terminal facilities.
27.If two (2) or more cargo pumps discharge into a common line on the vessel or on the shore, assurance shall be made that a check valve, in good working order, is in each line to prevent backflow of cargo in the event that one (1) pump stops.
28.In all other respects, conform to applicable Coast Guard Regulations.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.8** Ballasting of Oil-Carrying Vessels {#sec-250-ricr-140-25-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.8}
A.The owner and operator of an oil-carrying vessel shall take the following precautionary measures prior to and during the ballasting operation:
1.The transfer of cargo shall be completed and all hose riser valves closed and connections blanked.
2.If ballast is to be pumped in, whether through deck lines or bottom line, valves on the lines used are set first; then the valves to the tanks to be ballasted shall be opened; the necessary valves in the pump rooms, except seacocks, shall be set next; and cargo or ballast pumps shall be started before opening seacocks.
3.If ballasting is done by gravity, ballast shall be pumped in first for ten (10) minutes in accordance with the procedure outlined above in § 2.8(A)(2) of this Part to clear all bottom lines of oil.
4.When ballasting has started, all tanks shall be inspected to see that only the tanks intended are receiving ballast.
5.The same attention shall be given to ballasting as to topping-off tanks when loading cargo.
6.When completing the loading of ballast, seacocks shall be closed before stopping the pumps.
B.The provisions §§ 2.8(A)(1), (2), (3), and (6) of this Part shall not apply to any oil-carrying vessel whose ballast piping system and ballast pumps are wholly independent and not connected to the cargo system.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.9** Boiler Rooms and Remote Fill Tanks {#sec-250-ricr-140-25-2-2.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.9}
A.Within one (1) year of the effective date of these Regulations the owner and operator of a facility shall:
1.Install oil traps or manually operated drain valves, or eliminate drains from boiler rooms. All oil traps shall be adequately maintained and cleaned. All drain valves shall be maintained in the closed position except when the operator is in the process of draining oil-free clean water in compliance with all applicable State and Federal Regulations.
2.All above ground and underground storage tanks with a remote fill and a capacity greater than five hundred (500) gallons shall be equipped with a high-level warning alarm system.
3.All tanks with a capacity greater than five hundred (500) gallons shall be equipped with spill containment around fill areas.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.10** Aboveground Storage Tank Facilities {#sec-250-ricr-140-25-2-2.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.10}
A.Applicability; This section applies to all AST facilities with a combined storage capacity of over five hundred (500) gallons.
B.Overfill Prevention
1.Responsibility for transfer; The facility operator or owner, when on the premises and in control of an oil transfer, shall be responsible for transfer activities. If the facility operator or owner is not on the premises or not in control of an oil transfer, the carrier (the person delivering the oil) will be responsible for transfer activities. The operator or carrier must employ practices for preventing transfer spills and accidental discharges. Prior to the transfer, the operator or carrier must determine that the receiving AST has an available capacity to receive the volume of oil to be transferred. The operator or carrier must monitor every aspect of the delivery and take immediate action to stop the flow of oil when the working capacity of the AST has been reached, or should an equipment failure or emergency occur.
2.Shutoff valves for remote pumping units at motor fuel dispensers; All dispensers of motor fuel under pressure from a remote pumping system, must be equipped with a shear valve (impact valve) located in the supply line at the inlet of the dispenser. This valve must be designed to close automatically in the event that the dispenser is accidentally dislodged from the inlet pipe. A valve meeting the standards set forth in NFPA 30A, § 6.3.9, incorporated above at § 2.3(B) of this Part meets the requirements of this subdivision.
3.Shutoff valves for gravity fed motor fuel dispensers; All tanks which cause a gravity head on a dispenser of motor fuels must be equipped with a device such as a solenoid valve which is positioned adjacent to and downstream from the operating valve. The valve must be installed and adjusted so that liquid cannot flow by gravity from the tank in case of piping or dispenser hose failure. A valve meeting the standards set forth in NFPA 30A, § 4.2.4, incorporated above at § 2.3(B) of this Part meets the requirements of this subdivision.
4.Gauges for ASTs;
a.All ASTs must be equipped with a gauge that accurately shows the level of product in the tank. The gauge must be accessible to the facility operator or oil carrier during transfer and easy to read.
b.The design capacity, working capacity, product type and identification number of the tank must be clearly marked on the tank and at the gauge.
c.A high-level warning alarm (visible or audible at the fill), a high-level liquid pump cutoff controller or equivalent device may be used in lieu of the gauge required above.
5.Check valve for pump filled tanks; All fill pipes leading to a pump filled oil tank must be equipped with a properly functioning check valve, or equivalent device, to provide automatic protection against backflow. A check valve is required only when the fill pipe arrangement poses a risk for backflow.
6.Operating valves for gravity drained tanks; Each tank connection through which oil can normally flow must be equipped with an operating valve to control flow. A valve which meets the standards set forth in NFPA 30, § 22.13.1, incorporated above at § 2.3(A) of this Part meets the requirements of this paragraph.
C.Secondary Containment System for ASTs
1.A secondary containment system must be installed around any ASTs regulated by DEM. The secondary containment system must be constructed so that spills of oil and chemical components of oil will not permeate, drain, infiltrate, or otherwise escape to the groundwater or surface water before cleanup can occur. The secondary containment system may consist of a combination of dikes, liners, pads, impoundments, curbs, ditches, sumps, receiving tanks or other equipment capable of containing the product stored. The minimum capacity of the containment system shall be one hundred ten percent (110%) of the AST’s volume, or one hundred ten percent (110%) of the largest AST’s volume in a multiple AST containment system. Construction of the containment system, with the exception of the containment requirements, shall be in accordance with NFPA 30, § 22.11, incorporated above at § 2.3(A) of this Part.
2.If soil is used for the secondary containment system, it must be of such character that any spill onto the soil will be readily recoverable and will result in a minimal amount of soil contamination.
3.Stormwater which collects within the secondary containment system must be removed by a manually operated pump or siphon, or a gravity drain pipe with manually controlled dike valves. All pumps, siphons and valves must be properly maintained and kept in good condition. If gravity drain pipes are used, all dike valves must be locked in a closed position except when the operator is in the process of draining clean water from the diked area.
D.Facilities Inspection
1.Monthly inspections; The owner or operator of any facility with ASTs regulated by DEM must inspect the facility monthly. These inspections must include:
a.Inspecting exterior surfaces of tanks, pipes, valves and other equipment for leaks, maintenance deficiencies and any other equipment deficiency;
b.Identifying cracks, areas of wear, corrosion and thinning, poor maintenance and operating practices, excessive settlement of structures, separation or swelling of tank insulation, malfunctioning equipment and structural and foundation weaknesses; and
c.Inspecting and monitoring all leak detection systems, cathodic protection monitoring equipment, or other monitoring or warning systems which may be in place at the facility.
2.Ten (10) year inspections;
a.Schedule;
(1)In addition to monthly inspections required above, the owner or operator must perform a detailed inspection of AST with a capacity of ten thousand (10,000) gallons or greater. The initial inspection must be performed when the tank is ten (10) years old, or within five (5) years of the effective date of these Regulations, whichever comes first.
(2)Any AST of an unknown age must be inspected within five (5) years of the effective date of these Regulations.
(3)If an AST is due for an initial inspection but has previously been inspected in a manner consistent with the criteria set forth, within a ten (10) year period to the due date, the Director may accept this previous inspection.
(4)Reinspection of all tanks is required no later than ten (10) years from the date of the previous inspection.
b.Exemptions: Ten (10) year inspections are not required for the following unless otherwise specified:
(1)ASTs entirely above ground, such as tanks on racks, cradles or stilts, are exempt from §§ 2.10(D)(2)(c)((1)) through ((5)) of this Part;
(2)ASTs storing No. 5 or No. 6 fuel oil or tanks storing asphalt products;
(3)ASTs installed in conformance with standards for new construction as set forth in §§ 2.10(I)(1) through (7) of this Part.
c.Requirements for ten (10) year inspection; A ten (10) year inspection must consist of an appropriate tightness test of the tank and connecting piping or an inspection which consists of the following:
(1)Cleaning the AST in accordance with generally accepted practices;
(2)Removal, transportation and disposal of sludge in a manner consistent with all applicable State and Federal laws and Regulations;
(3)Inspecting the AST shell for soundness and testing all welds and seams on the AST bottom for porosity and tightness. The test must be consistent with accepted industry testing and inspection practices. This may include one (1) or a combination of the following: a tightness test, an air pressure, hydrostatic or vacuum test, a penetrant dye test and a non-destructive test to detect thinning of the AST;
(4)Visual inspection of the internal surface of the AST for corrosion or failure;
(5)Inspection of internal coatings for any sign of failure of the coating system such as cracks, bubbles, blisters, peeling, curling or separation; and
(6)A tightness test of any connecting underground pipes.
3.Inspection reports
a.Reports for each monthly inspection and ten (10) year inspection must be maintained and made available to DEM upon request for a period of at least ten (10) years. An annual inspection report, comprised of the monthly inspection reports or a yearly summary and any ten (10) year inspection reports completed in the previous twelve (12) months, shall be submitted to DEM, Office of Emergency Response. Reports shall be submitted by December 31st of each year.
b.The reports must include the following information:
(1)General information including contact information, report year, facility address, and tank identification number(s);
(2)Important updates such as a change in facility ownership or contact information;
(3)A summary of important information collected during inspections, including specific inspection procedures, any deficiencies and their respective corrective actions;
(4)Certification by the inspector that the inspection has been performed in accordance with these Regulations; and
(5)Signature and address of the inspector.
4.Repair of equipment; If an inspection reveals an AST equipment failure, monitoring equipment failure, excessive thinning of a tank shell which would indicate structural weakness when the tank contains oil, remedial measures must be taken promptly to eliminate any leak potential. See § 2.11 of this Part.
5.Uninspected facilities; If any portion of a facility is not inspected as required, the uninspected portion of the facility must be taken out-of-service pursuant to these Regulations.
E.Closure of tanks
1.Temporary closure; ASTs or facilities with ASTs which are temporarily closed for thirty (30) days or more must be closed as follows:
a.All product must be removed from AST(s) and the piping systems. Any waste product removed must be disposed of in accordance with all applicable State and Federal requirements.
b.All manways must be locked or bolted securely and fill lines, gauge openings or pump lines must be capped, plugged or blanked.
2.Permanent closure; Any AST or facility with ASTs which are closed for a period of one hundred eighty (180) days or more shall be considered permanently closed and shall comply with the following:
a.Liquid and sludge must be removed from the AST(s) and connecting lines. Any waste products must be disposed of in accordance with all applicable State and Federal requirements.
b.AST(s) must be rendered free of oil vapors.
c.All connecting lines must be disconnected or blanked. Manways must be securely fastened.
d.AST(s) must be stenciled with the date of permanent closure.
F.ASTs or facilities with AST(s) which have not been closed pursuant to § 2.10(E) of this Part, are subject to all requirements of § 2.10(D) of this Part.
G.Used ASTs; ASTs which are removed and do not meet the requirements of §§ 2.10(I)(1) through (7) of this Part are prohibited from being reused for the purpose of oil storage.
H.Groundwater Monitoring Program (GMP); All facilities with a combined storage capacity greater than or equal to fifty thousand (50,000) gallons, or any facility with a storage capacity greater than five thousand (5,000) gallons and located in a Wellhead Protection Area or any area with a groundwater classification of GAA – as designated by the Director pursuant to the Rhode Island DEM Groundwater Quality Rules, Part 150-05-3 of this Title, shall within six (6) months of the effective date of these Regulations implement a GMP approved by DEM. The monitoring program shall consist of a sufficient number of wells to detect the release of hydrocarbon product from storage tanks, pumping facilities, manifolds and other appurtenances.
1.Minimum Well Construction Standards; Wells shall be screened above and below the water table. The screened interval shall be sufficient to detect free phase product during seasonal fluctuations of the water table. The minimum inside well diameter shall be two inches (2”). Each well shall be equipped with a locking tamper proof cover. A locus map and site plan shall be submitted to DEM with locations of the monitoring wells, well casing elevations, and the location of all significant site structures. Well completion logs shall be submitted to DEM with the site plans.
2.Minimum Site Monitoring Requirements; Monitoring wells shall be checked monthly for the presence of a discernible layer of hydrocarbon product in the wells. The static water table elevation shall also be recorded at the time of monitoring. A log shall be maintained at the facility. The log shall contain the static water table measurements, the free phase product elevation and the product thickness for each monitoring well. An annual report of the groundwater monitoring program shall be submitted to DEM, who may require additional monitoring at facilities which may impact underground drinking water supplies.
3.Reporting Requirements; Upon the discovery of free phase product in a monitoring well, the facility owner or operator shall notify DEM verbally within twenty-four (24) hours and submit a written report within ten (10) working days. The owner or operator shall submit to DEM a site assessment plan, subject to DEM approval, within thirty (30) days of the discovery of free phase product in a monitoring well.
I.New and Substantially Modified Facilities
1.Design and construction standards; New AST facilities must install ASTs constructed of steel and meet or exceed one (1) of the following design and manufacturing standards:
a.UL 142;
b.UL 58;
c.API Standard 650;
d.API Standard 620;
e.CAN4-S601-M84; or
f.CAN4-S630-M84;
2.Any AST which does not comply with the above requirements, such as a riveted or bolted steel, wood, concrete, aluminum or fiberglass reinforced plastic AST, must be constructed in accordance with all applicable manufacturing standards and must be designed for the above ground storage of oil products, and may not be installed without prior approval of the Director.
3.Cathodic protection for tank bottom; Bottoms of new ASTs which rest on or in the ground must be cathodically protected with sacrificial anodes or an impressed current system which is designed, fabricated and installed in accordance with recognized engineering practices.
a.The cathodic protection system must be designed to provide a minimum of thirty (30) years of protection.
b.A qualified engineer or corrosion specialist must supervise the installation of the cathodic protection system where this is necessary to assure that the system has been installed as designed.
c.Each cathodic protection system must have a monitor which enables the owner or operator to check on the adequacy of cathodic protection.
4.Painting of exterior tank surfaces; The exterior surfaces of all new ASTs must be protected by a primer coat, a bond coat and two (2) or more final coats of paint or have an equivalent surface coating system designed to prevent corrosion and deterioration.
5.Impermeable barriers under tank bottom; Any new stationary AST which is designed to rest on the ground must be constructed with a double bottom or underlain by an impervious barrier such as a concrete pad or a cutoff barrier. If a barrier is used, it must have a permeability rate of water equal to or less than 1 x 10-6 cm/sec and must not deteriorate in an underground environment or in the presence of oil.
6.Secondary Containment for new ASTs; A secondary containment system must meet or exceed the requirements of § 2.10(C)(1) of this Part and be constructed with a permeability rate of water equal to or less than 1 x 10-6 cm/sec.
7.Monitoring systems for new ASTs; All new ASTs must have equipment for monitoring between the tank bottom and the impermeable barrier, and when pertinent the interstitial space. This includes, but is not limited to, perforated gravity collection pipes or channels in a concrete foundation pad which may be monitored for the presence of oil visually, electronically or by other satisfactory methods. Observation wells or other systems which monitor the soil or groundwater beneath the impermeable barrier do not satisfy the leak detection requirements of this section.
8.Foundation design; New ASTs must be supported on a well-drained stable foundation which prevents movement, rolling or settling of the tank and is designed to minimize corrosion of the tank bottom.
9.Avoiding traffic hazards; New ASTs, pipes and distribution equipment must not be located along highway curves or otherwise exposed to traffic hazards.
10.Testing of new ASTs; Before placing in service, all new ASTs must be tested for tightness and inspected in accordance with requirements outlined in API Standard 650, 12th Edition, incorporated above at § 2.3(C) of this Part or UL 142, 10th Edition, incorporated above at § 2.3(D) of this Part. If a pneumatic test is used, all fittings, welds and joints must be coated with a soap solution and inspected for air leaks.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.11** Repairing and Reconditioning of ASTs {#sec-250-ricr-140-25-2-2.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.11}
A.Permanent repairs; All repairs must be permanent in nature and equal to or better than the standards of original construction.
B.All welds associated with the repair of an AST must be inspected and tested for tightness before the AST is returned to service.
C.Linings, coatings, grouts and other sealing materials which are chemically compatible with the oil product being stored may be used in conjunction with a permanent steel AST repair as outlined above, but by themselves are not acceptable permanent repairs.
D.Cleaning of tank prior to repair; Prior to repair, an AST must be cleaned in accordance with generally accepted practices. Sludge which has accumulated on the bottom of the AST must be removed, transported and disposed of in a manner consistent with all applicable State and Federal requirements for solid waste disposal.
E.Coating (lining) specifications; Any non-corrodible epoxy-based resins, isophthalic polyester-based resins or equivalent coating which is bonded firmly to the interior surfaces may be used as a coating to protect an AST from future corrosion.
1.The coating must be applied as soon as possible, but not later than eight (8) hours after sandblasting and cleaning of the internal surface. Visible rust, moisture or foreign matter must not be present.
2.The coating must be of sufficient thickness, density and strength to form a hard-impermeable shell which will not crack, soften or separate from the interior surface of the AST. The coating when applied to properly prepared steel must maintain a permanent bond to the AST.
3.The coating's coefficient of thermal expansion must be compatible with steel so that stress due to temperature changes will not be detrimental to the soundness of the coating.
4.The coating must be chemically compatible with oil products and product additives.
5.The coating material must be applied and cured in strict accord with manufacturer's specifications.
6.Coatings used to protect the bottom of the AST must extend up the side of the AST a minimum of eighteen inches (18”).
7.Inspection of coating; The coating must be checked for blisters, air pockets and electrically tested for pinholes. The coating thickness must be checked assure compliance with manufacturer's specifications. Any defects must be repaired.
8.Manufacturer's guarantee; An interior coating must be installed under the direction of the lining manufacturer or a certified representative. The manufacturer or representative must guarantee to the owner in writing that the coating will not leak the product specified in storage for the period specified in the coating product warranty. A copy of the guarantee must be kept by the owner for the life of the AST.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.12** Oil and Waste Release Response {#sec-250-ricr-140-25-2-2.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.12}
A.This section is applicable to any person or company engaged in the:
1.Transfer or storage of oil, including, but not limited to, the owner and operator of: an oil-carrying vessel, terminal, reception facility, oceangoing ship, AST, facility with AST(s), oil tanker truck, or oil delivery company;
2.Release of an oil product to the environment; and
3.Owner of property where an oil release has occurred.
B.When a release of oil occurs, it is the responsibility of any person subject to these Regulations to take the following actions. However, only one (1) person needs to make and file the written reports:
1.Immediately cease all further oil transfer operations until such time as the release is stopped and any oil spill debris material is removed;
2.Immediately stop discharge, begin containment and removal of the oil and waste material;
3.Immediately report the incident DEM, Office of Emergency Response by calling 401-222-1360 from 8:30 a.m. to 4:00 p.m. Monday through Friday or contact the Division of Law Enforcement dispatcher at 401-222-3070 all other times.
4.Notify other appropriate local, State and Federal officials, which may include, but are not limited to, the local Fire Chief, Coast Guard, Environmental Protection Agency, Coastal Resources Management Council, and the National Response Center (800-424-8802).
5.Within ten (10) calendar days of the time the release is first discovered, submit a written report to DEM, Chief of the Office of Emergency Response, which should include, but not be limited to:
a.Date, time and place of release
b.Names, addresses and telephone numbers of all persons potentially responsible or liable for such release, including all persons described in § 2.12(A) of this Part;
c.Amount and type of material released;
d.Complete description of containment and removal operation, including costs of these operations;
e.Complete description of circumstances causing the release;
f.Description any third-party damages;
g.Procedures, methods and precautions instituted or planned to prevent an event from recurring.
C.Mechanical methods initially shall be used to clean up oil and chemical releases unless otherwise permitted under § 2.12(D) of this Part.
D.No chemical agents, dispersants, surface collecting agents, biological additives, burning agents, or sinking agents, shall be used without the prior consent of the Office of Emergency Response.
E.In the event of an oil release or if the Director has reason to believe that a release has occurred, the Director may require any person subject to these Regulations to initiate monitoring, remedial, and cleanup action. Such action may include, but not be limited to, removal of oil from surface waters, placement of containment devices, water quality sampling, installation of groundwater monitoring recovery and/or treatment systems, restoration of areas impacted by the release, and removal of all oil-contaminated soil and debris. Such actions shall continue until the oil release has been remediated or mitigated, subject to the approval of the DEM.
F.All persons to whom these Regulations are applicable shall have an ongoing obligation to update and supplement all information delivered to DEM with new information regarding a release or spill as it becomes available.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.13** Storage and Removal of Oil Spill Cleanup Debris {#sec-250-ricr-140-25-2-2.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.13}
A.Oil spill cleanup debris may be stored temporarily at the site of the spill or leak, or at another site approved by DEM provided that:
1.The material is stored on an impermeable base or liner;
2.The material is fully covered and secured so as to prevent the material from leaching into the groundwater, or particulates being dispersed by the wind;
3.Representative composite samples are immediately taken and analyzed for oil and grease, lead, PCB and flammability unless otherwise specified by an authorized DEM representative;
4.Samples are analyzed and the results are submitted to the DEM Office of Emergency Response within (30) days of sample collection;
5.If the sample results show the material to be a hazardous waste, the owner or operator of the site shall take immediate measures to properly store and dispose of the material in accordance with State and Federal hazardous waste Regulations;
6.The temporary storage of the oil spill cleanup debris does not exceed thirty (30) days unless the owner or operator of the site demonstrates to DEM in writing that there is good cause for extending temporary storage and DEM issues written authorization for extended temporary storage.
B.Oil spill cleanup debris shall be removed from the site only in secured drums or canisters or in a vehicle which is covered.
C.Oil spill cleanup debris shall be removed only to one (1) of the following facilities:
1.Special facilities constructed within a licensed sanitary landfill designed and constructed in accordance with Solid Waste Regulations No. 2, Subchapter 05 Part 2 of this Chapter;
2.Asphalt manufacturers or others that are licensed as solid waste management facilities and approved by DEM to accept Oil Spill Debris; or
3.Any out-of-State facility that will agree to take the material and that is allowed to accept the material by the State in which it is located.
D.Within ten (10) days of removal of the oil spill cleanup debris from the site, the owner or operator of the site shall submit to DEM documentation showing when the material was removed, the amount of material and to where the material was removed.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.14** Spill Prevention and Emergency Plans {#sec-250-ricr-140-25-2-2.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.14}
A.This section is applicable to any owner or operator of a reception facility, terminal, or facility with outdoor ASTs exceeding a combined storage capacity of five hundred (500) gallons. This section is not applicable to facilities with ASTs storing oil for heating with a capacity of five hundred (500) gallons or less.
B.Any person subject to this section shall, within six (6) months of the effective date of these Regulations, have readily available at the facility an emergency plan, which shall, at a minimum, contain the following information:
1.Up-to-date schematic diagrams showing the location of all outdoor tanks and piping used for the storage and conveyance of oil, including the location of all emergency shutoff valves;
2.A description of on-site emergency containment and cleanup equipment;
3.Description of off-site auxiliary emergency equipment that can be readily obtained, including a listing of cleanup contractors to contact for such equipment;
4.Emergency telephone numbers of local, State and Federal officials who should be contacted in case of an oil spill.
C.Upon request by an employee or agent of DEM, emergency plans shall be made available for inspection and copying.
D.Emergency plans or other similar spill prevention control plans required under other Federal or State requirements may be substituted for the plan required by this section provided the plan contains at a minimum, the requirements of §§ 2.14(B)(1) through (4) of this Part.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.15** Discharges to Reception Facilities {#sec-250-ricr-140-25-2-2.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.15}
A.The owners or operators of any vessel ship which intends to transfer or discharge any shipboard oil to a reception facility shall, prior to the discharge or transfer, file with the Director evidence of financial responsibility, which shall include a surety bond, letter of credit, certificate of insurance, or corporate guarantee in the amount of at least fifty thousand dollars ($50,000.00) payable to the State of Rhode Island and Providence Plantations.
B.Prior to accepting any shipboard oil from a vessel ship, the owner or operator of the reception facility shall require the owner or operator of the vessel to produce evidence of financial responsibility consistent with the provisions of this section.
C.The money pledged or guaranteed by the requirement of this section shall be used to satisfy:
1.Costs incurred by the State to rectify and clean up any damage to the environment and natural resources; and
2.Fines or penalties imposed for violation of any laws or Regulations designed to prevent or control water pollution.
D.The forfeiture of such money pledged pursuant to this section shall not relieve the owner or operator of liability to the State if the costs incurred by the State and the fines imposed are greater than the amount forfeited.
E.The evidence of financial responsibility shall be subject to review and approval by DEM, but should conform as much as possible to those documents referenced in 40 C.F.R. § 264.151 (2018), recognizing, of course, that those referenced documents are designed for a somewhat different purpose.
F.The Director may require evidence of financial responsibility in an amount greater than fifty thousand dollars ($50,000.00) based on the following factors:
1.Volume of discharge;
2.Composition of the discharge;
3.Location of the discharge;
4.History of spills or noncompliance by the owner or operator; or
5.Other factors that may pose an increased threat to the State's environment and natural resources.
G.The owner or operator of a vessel also may be considered a generator of hazardous waste and subject to Federal and State hazardous waste Regulations.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.16** Variances {#sec-250-ricr-140-25-2-2.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.16}
A.Any owner or operator of a facility may submit a written request to the Director or his designee for a variance of some or all provisions of these Regulations.
B.The owner or operator shall have the burden of proving by clear and convincing evidence that a variance should be granted because alternative design or operating standards are substantially equivalent to the regulations and will have no adverse effect on public health and/or the environment.
C.If the Director determines that there is sufficient public interest or that the variance request raises significant issues that could affect other facilities, then the Director may schedule a public hearing to solicit public comment prior to rendering a decision on the variance request.
D.The Director's decision to grant or deny a variance shall be in writing and may, as a condition of granting the variance, impose appropriate requirements necessary to protect the public health and the environment.
E.Any person affected by the grant or denial of a variance request may, in accordance with the Rules and Regulations for the Administrative Adjudication Division (Part 10-00-1 of this Title) for DEM, Administrative Adjudication Division, petition for an adjudicatory hearing to review the initial decision.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
##### **250-RICR-140-25-2 § 2.17** Penalties {#sec-250-ricr-140-25-2-2.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-25-2#2.17}
Administrative and civil penalties, for any violation of these Regulations, may be assessed in accordance with R.I. Gen. Laws Chapters 46-12, 42-17.1 and 42-17.6.
**History**
- *Amendment — effective from 2022-07-20 to current*
- *Periodic Refile — effective from 2022-01-04 to 07/20/2022*
- *Technical Revision — effective from 2018-05-02 to 01/04/2022*
- *Technical Revision — effective from 2018-05-02 to 05/02/2018*
- *Amendment — effective from 2018-05-02 to 05/02/2018*
- *Periodic Refile — effective from 2001-12-31 to 05/02/2018*
### **Subchapter 30** Site Remediation
#### **250-RICR-140-30-2** Rules and Regulations for the Brownfields Remediation and Economic Development Fund
##### **250-RICR-140-30-2 § 2.1** Purpose {#sec-250-ricr-140-30-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.1}
A.The purpose of these regulations is to create a Brownfields Remediation and Economic Development Fund to receive, hold and administer the use of the $5,000,000 portion of the 2014 RI Clean Water, Open Space, and Healthy Communities Bond and any future bond allocations earmarked for similar purposes. The funds will provide grants to public, private, and non-profit entities for brownfield remediation projects with specific priority given to projects involving job creation and economic development.
B.Although an exact number is not known, it is estimated that over 10,000 brownfield sites are located in towns and cities across Rhode Island. Many acres of brownfields occupy prime commercial/industrial locations within the state’s urban corridor. Remediation and redevelopment of these sites mitigates the threat to public health and the environment from exposure to uncontrolled contamination, creates and attracts jobs, reduces the use of “greenfields” outside urban areas and increases local tax base. Specifically, the EPA estimates that 7.30 jobs are leveraged per $100,000 of funding expended on brownfields remediation and other economic studies indicate that for every brownfields acre “recycled,” up to four acres of open space is spared from development.
C.The grants issued pursuant to these regulations will stimulate the clean-up and redevelopment of Brownfields sites across Rhode Island. The grant program, and specifically the criteria for evaluating and prioritizing applications, is designed to provide a one-stop resource for owners and developers for funding support and technical assistance to facilitate and accelerate the return of brownfields to productive re-use and strengthen Rhode Island’s economic base. In general, these funds should be used to clean up sites in Rhode Island, create jobs, small businesses, and add to the tax base of the communities where they are utilized.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
##### **250-RICR-140-30-2 § 2.2** Authority {#sec-250-ricr-140-30-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.2}
These rules and regulations are promulgated pursuant to the authority provided by R.l. Gen. Laws Chapters 46-17.1, 23-19.1, 23-19.14, 46-12, 46-13.1, and R.I. Gen. Laws §§ 46-12-3 and 46-12-5 of those Laws, as amended in accordance with R.I. Gen. Laws Chapter 42-35, the Administrative Procedures Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
##### **250-RICR-140-30-2 § 2.3** Liberal Application {#sec-250-ricr-140-30-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.3}
The terms and provisions of these rules and regulations shall be liberally construed to allow the Rhode Island Department of Environmental Management (the Department; RIDEM) to effectuate the purposes of state law, goals, and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
##### **250-RICR-140-30-2 § 2.4** Severability {#sec-250-ricr-140-30-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.4}
If a court of competent jurisdiction thereof holds any provision of these rules and regulations or the application invalid, the remainder of the rules and regulations 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 these rules and regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
##### **250-RICR-140-30-2 § 2.5** Administrative Findings {#sec-250-ricr-140-30-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.5}
The Brownfields Remediation and Economic Development Fund was created to encourage the reuse of brownfields throughout Rhode Island. Brownfields are vacant, abandoned, or underutilized industrial or commercial properties where expansion, redevelopment, or improvement is complicated by real or perceived environmental contamination and liability. All projects, specifically the investigation, assessment, remediation and other activities at contaminated sites, shall be subject to the requirements of the Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Remediation Regulations), Part 1 of this Subchapter. This Fund is meant to provide funding assistance for pre-development planning, remedial investigation, redevelopment and marketing plans, remedial design, construction of remedies, and associated work at the discretion of the Review Committee.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
##### **250-RICR-140-30-2 § 2.6** Definitions {#sec-250-ricr-140-30-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.6}
A.As used in these rules and regulations the following definitions will apply:
1."40 C.F.R. ..." means that section or subsection of the Code of Federal Regulations, Title 40, Protection of Environment, Chapter l, Environmental Protection Agency. References to the Administrator, appearing therein, shall be interpreted as referring to the Director.
2."Applicant" means any person or persons applying for monies under these rules and regulations.
3."Brownfields site" means a property where a known or suspected release of petroleum and/or hazardous material presents a barrier to the sale, reuse, or redevelopment of the site, or where uncertainty on the costs of remediation adversely impacts the value of the property.
4."Construction" means the building, alteration, rehabilitation, improvement, or extension of a project, including the necessary planning, design and engineering associated with the specific project.
5."Contaminated-site" means any Source Area or series of Source Areas that have not reached final resolution under the Remediation Regulations. A Contaminated-Site may include unimpacted land between multiple Source Areas in close proximity to one another. A Contaminated-Site shall be considered to be independent of property lines.
6."Department" means the Rhode Island Department of Environmental Management (RIDEM).
7."Director" means the Director of the Department of Environmental Management or the subordinate(s) to whom the Director has delegated powers and duties vested in the Director by these regulations.
8."Fund" means the Brownfields Remediation and Economic Redevelopment Fund, as established by these regulations.
9."Groundwater" means water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt and bedrock fractures. The zone of materials filled with groundwater is called the zone of saturation.
10."Grant" means money given to eligible entities with no repayment due if the grantee is in substantial compliance with all terms of the grant.
11."Grant match" means the required 20% match on Bond Funding. At the sole discretion of the Review Committee, in-kind services may be considered as credit towards the 20% match.
12."Office of Land Revitalization and Sustainable Materials Management” means the organizational unit with the Department of Environmental Management responsible for the regulation of waste management activities and the investigation and remediation of contaminated sites.
13."Performing party” or “Parties" means any Bona Fide Prospective Purchaser, Responsible Party, voluntary party or any other party (or parties) conducting an investigation of and/or Remediation at a Contaminated-Site.
14."Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, fiduciary, legal entity, the Federal Government or any agency or sub-division thereof, a state, municipality, commission, political sub-division of a state, or any interstate body.
15."Release" means it will be defined by 40 C.F.R. § 300.5 (2017), incorporated 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. This shall exclude any of the following:
a.Any Release from a process, activity or Contaminated-Site allowed under a permit, license or approval by any regulatory process or legal authority;
b.Any Release of Hazardous Materials solely derived from common household materials and occurring at the household; or
c.Any Release that is completely contained within an area or structure designed and engineered to contain such materials.
d.Release shall also include an actual or potential threat of Release.
e.Concentrations of PCBs greater than 10 micrograms/100 cm2, as measured by a standard wipe test, on any surface shall constitute a Release. The Director may determine that an area with PCB contamination at concentrations lower than specified above requires investigation and/or remediation due to site-specific circumstances.
16."Remediation" means the act of implementing, operating and maintaining a Remedy or Remedial Action.
17."Revolving loan fund" means the Brownfields Revolving Fund established by R.I. Gen. Laws § 23-19-16.
18."Small business" means an independently owned and operated company that is limited in size and in revenue depending on the industry as defined by the U.S. Small Business Association (SBA).
19."Source area" means the horizontal and vertical extent of natural or man-made media impacted by a Release of Hazardous Materials or causing a Release of Hazardous Materials at concentrations in excess of the reportable concentrations described in Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases, §§ 1.6.1(C) and (D) of this Subchapter (Reportable Concentrations for Soil and Reportable Concentrations for Groundwater), and determined by the Department to pose a potential threat to human health and the environment. For purposes of these regulations, sanitary landfills licensed under the Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of this Chapter) on or after 18 June 1992 are not Source Areas.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
##### **250-RICR-140-30-2 § 2.7** Fund Establishment and Project Priority List for RI Brownfields Revolving Loan Fund {#sec-250-ricr-140-30-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.7}
A.There is hereby established a fund entitled the “The Brownfields Remediation and Economic Development Fund.” The Fund is created in order to enable the Department to receive $5,000,000 from the 2014 RI Clean Water, Open Space, and Healthy Communities Bond to provide grants to public, private, and/or non-profit entities for brownfields remediation projects whose end use pertains to economic development. The Department will administer the Fund in accordance with these regulations.
B.Project Priority List for RI Brownfields Revolving Loan Fund
1.The RI Brownfields Revolving Loan Fund is administered by the RI Infrastructure Bank pursuant to R.I. Gen. Laws § 23-19.16-3. Persons wishing to apply for financing from the RI Brownfields Revolving Loan Fund must first apply to the Department for inclusion on the Project Priority List established pursuant to R.I. Gen. Laws § 23-19.16-6. The Department shall update the Project Priority List not less than once per month unless no new applications have been received during a particular month.
2.Applications for inclusion on the Project Priority List may be submitted at any time and shall be submitted to the RIDEM and shall be signed by the applicant’s chief executive or chief financial officer, or other designated and qualified representative. Eligible borrowers include local governmental units, non-profit organizations and private, for-profit entities.
3.Applications shall be submitted to RIDEM via mail to RI Department of Environmental Management, Permit Application Center, 2nd Floor, 235 Promenade Street, Providence, RI 02908. In the alternative, the Department may provide mechanisms for electronic submission of grant applications.
4.Projects proposed for inclusion on the Project Priority List must be on a Brownfields site known to the Department. If a proposal is submitted on a property not known to the Department, the application must be accompanied by a notification of Release pursuant to the Remediation Regulations.
5.Applications for inclusion on the Project Priority List shall be submitted to the Department and include the name and address of the subject site as well as a brief description of current site conditions.
6.Following inclusion on the Project Priority List, the applicant must submit an application to Rhode Island Infrastructure Bank to seek financing. Subsequent narrative statements will be required to initiate the financing process. This may include, but not be limited to:
a.The beneficial environmental impact to the land and waters of the State through remediation;
b.The estimated costs of assessing and remediating the Brownfield to get it to redevelopment;
c.Ability of applicant/developer to complete the project, including financial solvency, past experience of similar projects, and likelihood of success;
d.Readiness and timeliness to proceed.
7.The materials regarding the financing process shall be submitted to RI Infrastructure Bank, 235 Promenade Street, First Floor, Providence, RI 02908.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
##### **250-RICR-140-30-2 § 2.8** Notification of Available Funds {#sec-250-ricr-140-30-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.8}
A.Availability of Funds - The Director shall announce the availability of all funds under the Brownfields Remediation and Economic Development Fund. During each announcement of availability of funds, the Director may allocate portions of the available funding for either Governmental, Public and Non-Profit Entities or Private Party/Non-Governmental Entities in the Brownfields Remediation and Economic Development Fund. The funds will be available to eligible applicants in the form of grants of up to eighty percent (80%) of eligible costs. Applicants must be able to match at least twenty percent (20%) of eligible costs. At the Director's discretion, a grant for less than eighty percent (80%) of eligible costs may be awarded based on site remediation and redevelopment characteristics. The announcement of the availability of funds issued per this rule may include the weighting of the evaluation criteria listed in § 2.11.1(A)(3) of this Part for the round of grants being offered.
B.Frequency of Awards and Announcements - Grants using these funds will be made periodically, but not less than bi-annually (twice every fiscal year) on a competitive basis, based on announcements regarding requests for applications pursuant to § 2.9(A) of this Part. At a minimum the announcement will state:
1.The approximate amount of money available under the fund;
2.The deadline for all applications; and
3.Any other information that the Director determines necessary and pertinent.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
##### **250-RICR-140-30-2 § 2.9** Application Requirements {#sec-250-ricr-140-30-2-2.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.9}
A.Applications shall be submitted to the RIDEM on a form provided by the Department and shall be signed by the applicant’s chief executive or chief financial officer, or other designated and qualified representative.
B.Applications shall be submitted to RIDEM via: RI Department of Environmental Management, Permit Application Center, 2nd Floor, 235 Promenade Street, Providence, RI 02908.
C.In the alternative, the Department may provide mechanisms for electronic submission of grant applications.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
##### **250-RICR-140-30-2 § 2.10** Project Categories and Eligible Costs {#sec-250-ricr-140-30-2-2.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.10}
A.Proposed projects must be on a Brownfields site known to the Department. If a proposal is submitted on a property not known to the Department, the application must be accompanied by a notification of Release pursuant to the Remediation Regulations.
B.Projects should have real economic development impact, create jobs, leverage private funds, and return under-utilized properties to beneficial re-use. Further, those projects that benefit human health and the environment while achieving the goals above will be scored favorably by the Review Committee.
2.10.1Project Categories:
A.The following categories of grants will be considered:
1.Pre-Development Planning Grants – small/mini grant requests for initial efforts to build off past investigations and assessments to determine the options and costs of remediation and/or the feasibility of redevelopment.
2.Redevelopment Grants – for projects with a completed site investigation and approved Remedial Action Work Plan or Order of Approval, these grants support the development of detailed marketing and redevelopment plans focused on bringing the site back to productive reuse.
3.Site Preparation Grants — Site preparation grant applications may include support for site investigation and assessment of environmental contamination, remediation activities, other environmental investigations, design, or site work required to support reuse/redevelopment of the Brownfields site, research and compilation of key information on a Brownfields site to support redevelopment, and/or redevelopment planning/marketing support for a Brownfields site.
4.Small Business Assistance Grants – for small businesses which are existing companies located on Brownfields sites without the resources to address contamination. The goal of small business assistance grants is to provide the capital to investigate and clean up the site in a manner protective of public health and the environment while simultaneously restoring the value of the underlying property asset and supporting the long-term financial viability of the existing small business.
a.Specifically, the following types of costs are eligible to receive grant monies from the Fund pursuant to these regulations:
(1)Soil, groundwater, soil gas, indoor air, and infrastructure/building materials investigation.
(2)Site Assessment.
(3)Remediation.
(4)Hazardous material abatement and/or waste disposal.
(5)Long term groundwater, indoor air, soil gas and other environmental monitoring.
(6)Institutional controls.
(7)Environmental consulting costs.
(8)Other environmental investigations, compilation of information, marketing materials, design, or site work required to support reuse/redevelopment of the Brownfields site.
b.Examples of types of costs that are ineligible to receive grant monies from the Fund from these regulations include:
(1)Pre-award costs, unless incurred within 90 days of application approval and have been pre-approved by the Department.
(2)Administrative costs including clerical support, monthly utility expenses, the purchase of office equipment, personnel costs associated with fund raising for the nongovernmental entity, etc.
(3)Costs associated with the performance of a Supplemental Environmental Project (“SEP”). A SEP shall be consistent with the Rhode Island Department of Environmental Management Policy on Supplemental Environmental Projects. Specifically, a SEP is a project, beyond that required by law, that produces environmental or public health and safety benefits that a Respondent agrees to undertake in settlement of an enforcement action. An acceptable SEP is also a project for which a credit may be granted by the DEM to offset a portion of the assessed gravity penalty in the settlement of an enforcement action.
(4)State or Federal lobbying costs, penalties or fines.
(5)Land acquisition projects that do not have tangible public health or environmental benefits and physical construction or redevelopment.
(6)Response costs for emergency response actions caused or exacerbated solely by the applicant or their agents or assigns.
(7)Proposed projects associated with unresolved litigation (administrative or judicial) with the Department or conditions or activities that have violated or are violating statutes or regulations administered by the Department shall be ineligible to receive Fund monies without the express written consent of the Director and the resolution of said litigation or violation(s).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
##### **250-RICR-140-30-2 § 2.11** Application Review and Selection {#sec-250-ricr-140-30-2-2.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.11}
2.11.1Application Review
A.The Review Committee shall review all applications to determine eligibility and completeness. In order to satisfy the eligibility determination, the following criteria will be considered:
1.The applicants and their proposed projects must meet the requirements of §§ 2.9 and 2.10 of this Part.
2.The Director shall establish a Review Committee to review the completed applications. All complete applications shall be subject to review by, up to (3) members of the Department, and at least one (1) member selected by the Director from outside the Department.
3.Projects accepted by the Department as complete and consistent with these regulations will be ranked based upon the following criteria, which shall be applied so as to promote the goals and requirements of these Regulations:
a.The economic impact, applicant/private funds leveraged, potential permanent jobs created, tax revenues enhanced and the public benefits derived from the project;
b.The beneficial environmental impact to the land and waters of the State through remediation;
c.The estimated costs, and cost effectiveness, of assessing and remediating the Brownfield to get it to redevelopment;
d.Expansion of existing businesses that create more permanent jobs, tax revenue, and environmental benefit;
e.Ability of applicant/developer to complete the project, including financial solvency, past experience of similar projects, and likelihood of success;
f.Readiness and timeliness to proceed.
4.Applicants may request a de-briefing on their application package scoring after awards are announced. At least one member of the Review Committee shall be present for the de-briefing and requests for de-briefings must be made in writing within thirty (30) days of the relevant grant announcement and shall be accommodated within ninety (90) days of the request.
5.Recommendations for awards will be made to the Director on the basis of a majority vote of the Review Committee. The final decision on any award shall be made by the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
##### **250-RICR-140-30-2 § 2.12** Grant Awards {#sec-250-ricr-140-30-2-2.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-140-30-2#2.12}
A.Grant Award - Successful applicants will receive a grant offer specifying the amount, duration and conditions of the award. The offer will be in the form of a binding contract. Other requirements to secure funding shall be:
1.Recipients will be required to sign, accept and return the offer to the Department within forty-five (45) days of the date of mailing. Failure to execute the agreement within the forty-five (45) days may result in the cancellation of the grant award and may result in these funds being awarded to the next highest rated project.
2.Recipients will have ninety (90) days from the date of the acceptance of the grant offer to provide proof of the necessary grant match by letters of credit, loan agreements, dedicated escrow accounts or any other pre-approved proof of matching funds by the Department.
3.The recipient is responsible for obtaining all necessary permits or approvals from any federal, state, or local agency with authority over the project or project area. Copies of these permits/approvals must be submitted to the Department for inclusion in the project file before the first payment request.
4.All grant payments will be paid in the form of reimbursement payments for eligible expenses incurred in accordance with an approved project. In general, up-front costs or prepayment will not be allowed, however, if at the sole discretion of the Director, such costs are small compared to the overall value of the project or are clearly demonstrated to be necessary for the success of the project, and sufficient documentation and collateral are presented, they may be considered. Requests for reimbursement must include documentation of the incurred, eligible costs. Such type of documentation required to receive reimbursement will be detailed in the grant offer and/or grant agreement.
B.Suspension, modification or revocation - The Director may suspend, modify or revoke any awards granted pursuant to these regulations in the event that subsequent examination reveals any data included in an application form, submittal, reimbursement request, plan or sketch to be incorrect or not in compliance with these regulations.
C.Stop Payment - The Director may take appropriate action to stop payment of and/or seek the return of grant funds expended for any project where:
1.the applicant has obtained said grant based upon incomplete, false, misleading or erroneous information; or
2.the applicant has not completed the work approved under the grant in accordance with any and all conditions of approval issued by the Director in the grant award.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2020-04-22 to 01/04/2022*
- *Amendment — effective from 2017-10-19 to 04/22/2020*
- *Adoption — effective from 2015-09-22 to 10/19/2017*
## **Chapter 150** Water Resources
### **Subchapter 05** Water Quality
#### **250-RICR-150-05-1** Water Quality Regulations
##### **250-RICR-150-05-1 § 1.1** Purpose {#sec-250-ricr-150-05-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.1}
A.It is the purpose of this Regulation to establish water quality standards for the State's surface waters. These standards are intended to restore, preserve and enhance the physical, chemical and biological integrity of the waters of the State, to maintain existing water uses and to serve the purposes of the Clean Water Act and R.I. Gen. Laws Chapter 46-12. These standards provide for the protection of the surface waters from pollutants so that the waters shall, where attainable, be fishable and swimmable, be available for all designated uses, taking into consideration their use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and also taking into consideration their use and value for navigation, and thus assure protection of the public health, safety, welfare, a healthy economy and the environment.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.2** Legal Authority {#sec-250-ricr-150-05-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.2}
A.The authority for this Regulation is vested in the Director by R.I. Gen. Laws Chapters 46-12, 42-17.1, and 42-17.6. This Regulation is further promulgated pursuant to the requirements and provisions of all chapters of the State of Rhode Island General Laws relating to the duties and responsibilities of the Director for the waters of the State, and in accordance with the requirements of R.I. Gen. Laws Chapter 42-35.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.3** Incorporated Materials {#sec-250-ricr-150-05-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.3}
A.This Regulation hereby adopts and incorporates 40 C.F.R. § 136 (2024) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
B.Repealed.
C.This Regulation hereby adopts and incorporates 40 C.F.R. § 230-Section 404(b)(1) (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
D.This Regulation hereby adopts and incorporates the “Assessing Human Health Risk from Chemically-Contaminated Fish and Shellfish”, September 1989, EPA/503/8-89-002 by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
E.This Regulation hereby adopts and incorporates the "Water Quality Criteria Documents; Availability," Appendix C - "Guidelines and Methodology used in Preparation of Health Effect Assessment Chapters of the Consent Decree Water Criteria Documents," November 28, 1980, 45 FR 79347 by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
F.Repealed
G.This Regulation hereby adopts and incorporates 40 C.F.R. § 423 Appendix A (2024) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
H.This Regulation hereby adopts and incorporates 40 C.F.R. § 116.4 (2024) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Regulation.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.4** Definitions {#sec-250-ricr-150-05-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.4}
A.For the purposes of this Regulation, the following terms shall have the following meanings:
1."Acute toxicity" means lethal or sublethal severe adverse effect(s) to an organism when exposed to a toxic pollutant(s) for a relatively short period of time. In aquatic toxicity tests, an effect observed in 96 hours or less is typically considered acute.
2."Administrator" means the administrator of the United States Environmental Protection Agency or any subordinate or subordinates to whom the Administrator delegates the powers and duties vested in that office.
3."Applicable standards and limitations" means all state, interstate and federal standards and limitations to which a discharge or activity is subject under the Clean Water Act Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. or any State Acts
4."Applicant" means a person who applies for any approvals for any discharge, activities, projects, or facilities in accordance with the requirements of this Regulation.
5."Application" means all forms, documents, and other information required by the Department to apply for a permit, order, certificate, or other approval from the Department in accordance with the requirements of this Regulation.
6."Approval" means an authorization, Order of Approval, permit, certification, license or equivalent determination issued pursuant to regulations promulgated by the Department.
7."Aquaculture facility" means a defined managed water area or facility for the maintenance or production of harvestable freshwater, estuarine or marine plants and/or animals. Defined managed water area as used in this definition, means the portions of the waters of the state within which the permittee or permit applicant confines and/or plans to confine the cultivated species, using a method or plan of operation (including but not limited to, physical confinement) which, on the basis of reliable scientific evidence, is expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased growth and be harvestable within a defined geographical area.
8."Aquatic research related activities" means an activity in which research is conducted to evaluate the effect of various factors on the health, growth, or reproduction of aquatic organisms.
9."Assimilative capacity" means the amount of a pollutant or pollutants that can safely be released to a waterbody or segment of a waterbody under the most adverse conditions, as defined in § 1.10(C) of this Part, which will not cause any violations of applicable water quality criteria nor cause measurable harm or alteration to the natural biological community found therein.
10."Background" means the water quality upstream or upgradient which is outside the area of influence of point and nonpoint sources of pollution. Water quality in a nearby waterbody or watershed shall be considered background if an upstream or upgradient sampling location is not accessible or available.
11."Best Management Practices” or “BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of and impacts upon waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
12."Best Professional Judgment” or “BPJ" means a determination, based on best engineering and/or scientific practices and best management practices, involving any pollutant, combination of pollutants or practice(s), on a case by case basis, which is determined by the Director to be necessary to carry out the provisions of the Clean Water Act and any applicable chapters of the Rhode Island General Laws. BPJ can be used to set Best Available Technology Economically Achievable, Best Conventional Pollutant Control Technology, Best Practicable Control Currently Available or Best Management Practices limitations pursuant to the Clean Water Act 33 U.S.C. § 1251 et seq. either in the absence of an applicable promulgated effluent guideline or where promulgated effluent limitation guidelines only apply to certain aspects of the discharge's operation or to certain pollutants.
13."Bioassay" means a toxicity testing procedure using aquatic organisms to determine the concentration or amount of a toxic pollutant(s) causing a specified response in the test organisms under stated test conditions.
14."Brackish water" means those waters of the state in which the natural level of salinity is greater than 1 (one) part per thousand but less than 10 (ten) parts per thousand, 95 percent or more of the time.
15."C.F.R." means the Code of Federal Regulations.
16."Chronic toxicity" means lethal or sublethal adverse effect(s) to an organism or its progeny, based on various physiological measurements including but not limited to growth, survival, or reproductive success when exposed to a toxic pollutant(s) for a relatively long period of time. The methods commonly used to estimate chronic effects involve exposures of typically seven (7) days or less.
17."Clean Water Act” or “CWA" means the Federal Water Pollution Control Act 33 U.S.C. § 1251 et seq.
18.“Coldwater fishery” means waters in which naturally occurring water quality and/or habitat allow the maintenance of naturally reproducing indigenous coldwater fish populations.
19."Combined sewer" means a sewer which serves as a sanitary sewer and a storm sewer.
20."Combined Sewer Overflow” or “CSO" means flow from a combined sewer that is discharged into a receiving water without going to a treatment works. A CSO is distinguished from bypasses which are diversions of waste streams from any portion of a treatment works.
21."Contiguous zone" means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone.
22."Controlled relay" means the transplant of shellfish from certain waters to Class SA waters suitable for shellfish harvesting under the coordination and authority of the RIDEM for the purpose of natural purification and controlled harvest, consistent with the National Shellfish Sanitation Program guidance.
23."Cultural eutrophication" means the human-induced acceleration of primary productivity in a surface waterbody resulting in nuisance conditions of algal blooms and/or dense macrophytes.
24."Department" or "Departmental" or "DEM" or "RIDEM" or "Director" means the Rhode Island Department of Environmental Management or the Director of the Department of Environmental Management or any designee to whom the Director delegates the powers and duties vested in that office.
25."Depuration" means the artificial holding of shellfish for purification purposes.
26.“Designated bathing beach” means bathing beaches licensed by the Rhode Island Department of Health.
27."Designated uses" means those uses specified in water quality standards for each waterbody or segment whether or not they are being attained. In no case shall assimilation or transport of pollutants be considered a designated use.
28."Discharge" means to cause or allow the addition or release of any pollutants to the waters of the State or placement of any pollutant where it is likely to enter the waters of the State and includes but is not limited to surface water runoff, spilling, depositing, placing, leaking, pumping, pouring, emitting, emptying, or dumping. This definition includes additions of pollutants into waters of the State from both point and nonpoint sources. This term does not include an addition of pollutants by an indirect discharge.
29."Discharger" means any person who causes, or allows, any discharge.
30."Dredging" means the excavation of sediments from beneath surface waters by mechanical or hydraulic means.
31."EC50" means the concentration of a test material in a suitable diluent at which 50 percent of the exposed organisms exhibit a specified response during a specified time period.
32."Effluent limitations" means any restriction imposed by the Director on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into surface waters of the state or the contiguous zone.
33."Effluent limitation guidelines" means a regulation published by the Administrator under Section 304(b) of the Clean Water Act, 33 U.S.C. § 1314 to adopt or revise effluent limitations.
34."Effluent limited waters" means any segment of a surface waterbody where the water quality currently meets or is expected to meet applicable water quality standards after the application of the technology-based effluent limitations required by Sections 301(b) (33 U.S.C. § 1311) and 306 (U.S.C. § 1316) of the Act.
35."EPA" means the United States Environmental Protection Agency.
36."Existing use" means those designated uses and any other uses that do not impair the designated uses and that are actually attained in a waterbody on or after November 28, 1975; except that in no case shall assimilation or transport of pollutants be considered an existing use.
37."Facility" means any building, structure and operation, including land or appurtenances thereto, on one contiguous site.
38."Filling" means to place dirt, soil, stones, gravel, sand, sediment, tree stumps, brush, leaves, solid waste, debris, garbage, trash, pollutants, or any other material, substance, or structure, either foreign or related, on or in any waters of the state or in such a way as to alter the natural character, function or value of any waters of the State.
39."Fish and wildlife" means birds, fish, shellfish, mammals and all other classes of wild aquatic and land organisms and all types of vegetation upon which they are dependent, including all indigenous species.
40."Flow alteration" means the withdrawal of water from a surface water, either directly or indirectly, or the alteration of the normal flow patterns of a surface water due to a project which diverts or holds the surface water.
41."Freshwater" means those waters of the State in which the natural level of salinity is equal to or less than one (1) part per thousand, 95 percent or more of the time.
42."Groundwater" means water found underground which completely fills the open spaces between particles of soil and within rock formations.
43."Habitat" means the area which provides direct support for a given species, population or community. It includes all environmental features that comprise an area such as air, water, vegetation, soil, substrate and hydrologic characteristics.
44."Hazardous substance" means any substance designated under Designation of Hazardous Substances, 40 C.F.R. § 116.4, incorporated above in § 1.3(H) of this Part, pursuant to Section 311 of the Clean Water Act, 33 U.S.C. § 1321.
45."Hazardous waste" means any waste as defined in accordance with R.I. Gen. Laws § 23-19.1-4 and regulations adopted pursuant thereto.
46."High quality waters" means all Class A and SA surface waters as well as other surface waters whose quality exceeds the minimum water quality criteria for any State aquatic life and/or human health criteria or water quality standards assigned to them; or whose quality and characteristics make them critical to the propagation or survival of important living natural resources; or those waters constituting a Special Resource Protection Water or an Outstanding National Resource Water.
47."Indirect discharge" means any discharge into a treatment works.
48."Kettlehole" means a pond or freshwater wetland in a depression in the earth's surface formed by the melting of a wholly or partially buried block of glacial ice.
49."Lake, pond or reservoir" means any body of water, whether naturally occurring or created in whole or in part, excluding sedimentation control or stormwater retention/detention basins, unless constructed in waters of the State.
50."LC50" means the concentration of a test material in a suitable diluent at which 50 percent of the exposed organisms die during a specified time period.
51."Load allocation" means the portion of a receiving water's loading capacity that is attributed either to one of its nonpoint sources of pollution or to natural background sources.
52."Loading capacity" means the maximum amount of loading that a surface water can receive without violating water quality standards.
53."Low quality waters" or "degraded" means any water whose quality falls below any of the criteria of § 1.10(B) of this Part in accordance with Applicable Conditions of § 1.10(C) of this Part and corresponding to its classification as designated in § 1.9(E) of this Part, as determined by the Director, shall be considered degraded for that particular criterion and in violation of its water quality standards and, therefore, unsatisfactory for any designated uses which the Director determines are affected by the particular criterion which is violated. Waters in their natural hydraulic condition may fail to meet their assigned water quality criteria from time to time due to natural causes, without necessitating the modification of assigned water quality standard. Such waters will not be considered to be violating their water quality standards if violations of criteria are due solely to naturally occurring conditions unrelated to human activities.
54."Marina" means:
a.A dock, pier, wharf, float or combination of such facilities that may accommodate five (5) or more recreational vessels as a commercial operation or in association with a club; or
b.Any dock, pier, wharf, float or combination of such facilities used as a commercial operation, aside from a) above, at which any vessel is serviced or maintained.
55."Marine Sanitation Device (MSD)-Type I" means a marine toilet which, under prescribed test conditions, will produce an effluent that will not exceed a fecal coliform bacteria count of one thousand (1,000) parts per hundred (100) milliliters, and have no visible solids.
56."Marine Sanitation Device (MSD)-Type II" means a marine toilet which, under prescribed test conditions, will produce an effluent that will not exceed a fecal coliform bacteria count of two hundred (200) parts per hundred (100) milliliters, and have suspended solids not greater than one hundred and fifty (150) milligrams per liter.
57."Marine Sanitation Device (MSD)-Type III" means a marine toilet which is designed to prevent the discharge from the vessel of any treated or untreated sewage, or any waste derived from sewage.
58."Marine toilet" means any toilet or receptacle for the containment of human wastes located on or within any vessel, as defined herein, not including a portable potty.
59."Mixing zone" means a limited area or volume in the immediate vicinity of a discharge where mixing occurs and the receiving surface water quality is not required to meet applicable standards or criteria, provided the minimum conditions described in §§ 1.10(B)(5) and (6) of this Part are attained.
60."Municipality" means a quasi-governmental corporation, association or other public body created by or under State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes; a city, town, county, district, or a designated and approved management agency under Section 208 of the Clean Water Act, 33 U.S.C. § 1288.
61."Natural background conditions" means all prevailing dynamic environmental conditions in a waterbody or segment thereof, other than those human-made or human-induced.
62."New discharge" means any discharge which commenced subsequent to November 28, 1975, unless appropriate approvals had been granted.
63."No discharge area/zone" means an area of the surface waters of the State which has been requested by the Director of the Department of Environmental Management and declared by the United States Environmental Protection Agency, pursuant to Section 312 of the Clean Water Act, 33 U.S.C. § 1322, to be an area in which any discharge of sewage from vessels is prohibited.
64."Non-contact cooling water" means water which is used to reduce temperature and does not come into direct contact with any raw material, intermediate product (other than heat), or finished product.
65."Nonpoint Source" or "NPS" means any discharge of pollutants that does not meet the definition of Point Source in Section 502(14) of the Clean Water Act, 33 U.S.C. § 1362, and this Regulation. Such sources are diffuse, and often associated with land-use practices, and carry pollutants to the waters of the State, including but not limited to, non-channelized land runoff, drainage, or snowmelt; atmospheric deposition; precipitation; and seepage.
66."Nutrient" means a chemical element or compound such as but not limited to nitrogen or phosphorous which is essential to and promotes the growth and development of marine or freshwater plant species.
67."Outstanding National Resource Waters” or “ONRW” means waters of National and State Parks, Wildlife Refuges, and other such waters designated as having special recreational or ecological value.
68.“Per- and polyfluoroalkyl substances” or “PFAS” means all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, which constitute a large family of fluorinated chemicals, exceeding several thousand that might be in commercial use or the environment, that vary widely in their chemical and physical properties, exclusive of organofluorine pharmeceutical products.
69."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 any quasi-governmental corporation) or of any interstate body.
70."Point source" means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel, or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
71."Pollutant" means any dredged material, solid waste, incinerator residue, sewage, garbage, sewage sludge, sediment, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial or municipal or agricultural waste or effluent, petroleum or petroleum products, including but not limited to oil; or any material which will likely alter the physical, chemical, biological or radiological characteristics and/or integrity of water.
72."Pollution" means the human-made or human-induced alteration of the physical, chemical, biological or radiological characteristics and/or integrity of water.
73."Pretreatment requirements" means any limitation or prohibition on quantities, quality, rates, and/or concentrations of pollutants directly or indirectly discharged into or otherwise introduced into a treatment works that are imposed by federal or state regulation or by the treatment works.
74."Primary contact recreational activities" means any recreational activities in which there is prolonged and intimate contact by the human body with the water, involving considerable risk of ingesting water, such as swimming, diving, water skiing and surfing.
75."Priority pollutant" means those pollutants listed pursuant to Section 307(a)(1) of the Clean Water Act, 33 U.S.C. § 1317.
76."Public drinking water supplier" means any city, town, district, or other municipal, public, private corporation or company, or non-profit entity authorized to engage in the collection and treatment of surface water for the purposes of distribution of drinking water in Rhode Island and whose source of drinking water is a surface water in Rhode Island.
77."Public drinking water supply" or “PDWS” means the source of surface water for a public drinking water supplier.
78."Pycnocline" means a steep density gradient in an estuary caused by differences in temperature or salinity between the bottom and surface layers of water that limits mixing of the two layers.
79."Rhode Island Pollutant Discharge Elimination System” or “RIPDES" means the Rhode Island system for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing point source discharge permits and imposing and enforcing pretreatment requirements pursuant to R.I. Gen. Laws Chapter 46-12 and the federal Clean Water Act.
80."RIPDES regulations" means the Rhode Island Pollutant Discharge Elimination System Regulations promulgated by the Department and any amendments thereto.
81."Runoff" means water that drains from an area as surface flow.
82."Sanitary sewer" means a sewer which conveys sewage.
83."Seawater” or “Saltwater" means those waters of the State in which the natural level of salinity is equal to or greater than ten (10) parts per thousand, 95 percent or more of the time.
84."Secondary contact recreational activities" means any recreational activities in which there is minimal contact by the human body with the water, and the probability of ingestion of the water is minimal, such as boating and fishing.
85."Sewage” or “wastewater" means human waste, or wastes from toilets and other receptacles intended to receive or retain body waste, and any wastes, including wastes from households, commercial establishments, and industries.
86."Sewage from vessels" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels, and regulated under Section 312 of the Clean Water Act, 33 U.S.C. § 1322 or under R.I. Gen. Laws Chapter 46-12.
87."Sewage sludge” or “sludge" means residue, partially solid, or solid, treated or untreated, resulting from the treatment of sewage, including such residues from the cleaning of sewers, by processes such as settling, flotation, filtration and centrifugation, and does not meet the criteria for a hazardous waste.
88."Sewer" means a pipe or conduit that conveys wastewater or stormwater.
89."Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
90."Special Resource Protection Waters” or “SRPW" means surface waters identified by the Director as having significant recreational or ecological uses, and may include but are not limited to: wildlife refuge or management areas; public drinking water supplies; State and Federal Parks; State and Federal designated Estuarine Sanctuary Areas; waterbodies containing critical habitats, including but not limited to waterbodies identified by the RIDEM Natural Heritage Program as critical habitat for rare or endangered species; wetland types or specific wetlands listed as rare, threatened, endangered, of special interest or of special concern by the Rhode Island Natural Heritage Program; waterbodies identified by the U. S. Department of the Interior on the Final List of Rivers for potential inclusion in the National Wild and Scenic Rivers System.
91."State guide plan" means goals, policies, or plan elements for the physical, economic, and social development of the State, adopted by the State Planning Council in accordance with R.I. Gen. Laws § 42-11-10.
92."Storm sewer" means a sewer which conveys stormwater.
93."Stormwater" means precipitation induced runoff.
94."Surface water" means any waters of the State that are not groundwaters.
95.“Surface water quality action level” means a concentration of a substance that, if exceeded, requires that the Department be notified and may require additional investigation and/or sampling as specified under § 1.30 of this Part. Surface water action levels do not affect water quality criteria or designated uses.
96."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.
97."Toxicity" means the chemical, biological or biochemical adverse effect(s) of a pollutant or combination of pollutants on organisms.
98."Toxic pollutant" means any pollutant that has the potential to cause toxicity.
99."Treatment works" means any devices and systems for the storage, treatment, recycling, and reclamation of wastewater; any devices and systems for the storage, treatment, recycling and reclamation of sewage from vessels used to implement Section 201 of the Clean Water Act, 33 U.S.C. § 1281; or any devices and systems necessary to recycle or reuse water at the most economical cost over the design life of the works. These include intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances, extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems prior to land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of wastewater, including wastewater in combined sewers.
100."Undesirable species” or “nuisance species" means any plant or animal aquatic species which becomes so numerous due to pollutants or physical or hydrological modifications that it interferes with, or indicates an impairment of, the designated use(s) of a waterbody.
101."Use attainability analyses" or “UAA” means a structured scientific assessment of the factors affecting the attainment of a use which may include physical, chemical, biological, and economic factors. The physical, chemical and biological factors affecting the attainment of a use shall be evaluated through a waterbody survey and assessment. Waterbody surveys and assessments shall be sufficiently detailed to evaluate at a minimum:
a.Current aquatic uses achieved in the waterbody;
b.Causes of any impairment of the aquatic uses and why the impairment cannot be rectified; and
c.Aquatic uses(s) that can be attained based on the physical, chemical, and biological characteristics of the water body.
102."Vessel" means any boat or other watercraft whether moved by oars, paddles, sails or other power mechanism, inboard or outboard, or any other boat or structure floating upon the water whether or not capable of self-locomotion, including house boats, floating businesses, barges and similar floating objects.
103.“Warmwater fishery” means waters in which naturally occurring water quality and/or habitat support populations of warmwater fish.
104."Wasteload allocation" means the portion of a receiving water's loading capacity that is allocated to one of its point sources of pollution.
105."Wastewater" mean the definition of sewage.
106."Waterbody segment" means a defined section or described area which is part of a larger surface waterbody of the State.
107."Water quality criteria" means elements of the State water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular use.
108."Water quality limited waters" means any segment of a surface waterbody where the water quality does not meet applicable water quality standards, and is not expected to meet applicable water quality standards, even after the application of the technology-based effluent limitations required by Sections 301(b) (33 U.S.C. § 1311) and 306 (33. U.S.C. § 1316) of the Clean Water Act.
109."Water quality standard" means provisions of state or federal law which consist of a designated use(s) and water quality criteria for the waters of the State. Water quality standards also consist of an antidegradation policy.
110."Waters of the State" or "the waters" means all surface water and groundwater of the State of Rhode Island, including all tidewaters, territorial seas, wetlands, and land masses partially or wholly submerged in water; and both inter- and intra-state bodies of water which are, have been or will be used in commerce, by industry, for the harvesting of fish and shellfish or for recreational purposes.
111."Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Freshwater wetlands are determined by the Department in accordance with the Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act. Coastal wetlands are determined by rules and regulations under the jurisdiction of the Coastal Resources Management Council.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.5** Liberal Application {#sec-250-ricr-150-05-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.5}
A.Repealed.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.6** Severability {#sec-250-ricr-150-05-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.6}
A.Repealed.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.7** Application of this Regulation {#sec-250-ricr-150-05-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.7}
A.Nothing in this Regulation shall be deemed to interfere with the Director's power and duty to issue an immediate order pursuant R.I. Gen. Laws § 46-12-10.
B.This Regulation applies to all waters of the State, all systems or means of wastewater treatment, including sewers, all discharges into surface waters, all activities which will likely impact water quality and/or activities that will likely cause or contribute to flow alterations. This Regulation shall also apply to those activities regulated by the federal government, other state agencies, and programs within the Department and/or local governmental entities. All departmental regulations should be construed to be consistent and/or complementary and any perceived conflicts are unintentional. Should a perceived conflict arise between or among this Regulation and the requirements imposed by the other departmental regulations or other governmental entities, the most stringent requirement shall govern.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.8** Surface Water Quality Standards {#sec-250-ricr-150-05-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.8}
A.Purpose - A water quality standard defines the water quality goals of a surface waterbody, or portion thereof, by designating the use or uses of the water and by setting criteria necessary to protect the uses. Water quality standards are intended to protect public health, safety and welfare, enhance the quality of water and serve the purposes of the Clean Water Act and R.I. Gen. Laws Chapter 46-12. "Serve the purposes of the Act" as defined in Section 101(a)(2) (33 U.S.C. § 1251) and 303(c) (33 U.S.C. § 1313) of the Clean Water Act means that water quality standards should, whenever attainable, provide water quality, including quantity, for the protection and propagation of fish and wildlife and for recreation in and on the water and take into consideration their use and value as public water supplies, propagation of fish and wildlife, recreation in and on the water, agricultural, industrial, and other purposes including navigation.
B.Such standards serve the dual purposes of establishing the water quality goals for a specific surface water body or waterbody segment and serve as the regulatory basis for the establishment of water-quality-based-treatment controls and strategies beyond the technology-based levels of treatment required by Sections 301(b) (33 U.S.C. § 1311) and 306 (33 U.S.C. § 1316) of the Clean Water Act.
C.Federal Approval and Periodic Review - These water quality standards are subject to approval by the Administrator pursuant to Section 303(c) of the Clean Water Act, 33 U.S.C. § 1313. In accordance with paragraph 303(c)(1) of the Act, 33 U.S.C. § 1313, the water quality standards shall be reviewed periodically but at least once every three years, and amended as necessary.
D.Symbolic Representative of Water Quality Standards - The Director shall issue maps from time to time which indicate assigned water use classification.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.9** Water Use Classification {#sec-250-ricr-150-05-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.9}
A.The surface waters of the State shall be assigned to one of the classes listed below. Each class is defined by the designated uses, which are the most sensitive and therefore governing water uses which it is intended to protect. Surface waters may be suitable for other beneficial uses, but shall be regulated to protect and enhance the designated uses. In no case shall waste assimilation or waste transport be considered a designated use.
B.Freshwater:
1.Class AA - These waters are designated as a source of public drinking water supply (PDWS) or as tributary waters within a public drinking water supply watershed (the terminal reservoir of the PDWS are identified in § 1.25 of this Part), for primary and secondary contact recreational activities and for fish and wildlife habitat. These waters shall have excellent aesthetic value.
a.Class AA waters used for public drinking water supply may be subject to restricted recreational use by State and local authorities.
2.Class A - These waters are designated for primary and secondary contact recreational activities and for fish and wildlife habitat. They shall be suitable for compatible industrial processes and cooling, hydropower, aquacultural uses, navigation, and irrigation and other agricultural uses. These waters shall have excellent aesthetic value.
3.Class B - These waters are designated for fish and wildlife habitat and primary and secondary contact recreational activities. They shall be suitable for compatible industrial processes and cooling, hydropower, aquacultural uses, navigation, and irrigation and other agricultural uses. These waters shall have good aesthetic value.
a.Certain waterbody segments may have partial use designations assigned to them as noted in § 1.9(D) of this Part.
4.Class B1 - These waters are designated for primary and secondary contact recreational activities and fish and wildlife habitat. They shall be suitable for compatible industrial processes and cooling, hydropower, aquacultural uses, navigation, and irrigation and other agricultural uses. These waters shall have good aesthetic value. Primary contact recreational activities may be impacted due to pathogens from approved wastewater discharges. However all Class B criteria must be met.
a.Certain waterbody segments may have partial use designations assigned to them as noted in § 1.9(D) of this Part.
5.Class C - These waters are designated for secondary contact recreational activities and fish and wildlife habitat. They shall be suitable for compatible industrial processes and cooling, hydropower, aquacultural uses, navigation, and irrigation and other agricultural uses. These water shall have good aesthetic value.
C.Seawater:
1.Class SA - These waters are designated for shellfish harvesting for direct human consumption, primary and secondary contact recreational activities, and fish and wildlife habitat. They shall be suitable for aquacultural uses, navigation and industrial cooling. These waters shall have good aesthetic value.
a.Waterbody segments may have partial use designations assigned to them as noted in § 1.9(D) of this Part.
b.Some Class SA waters contain Closed Safety Zones which are waters in the vicinity of an approved sanitary discharge which may be impacted in the event of complete failure of treatment and are therefore, currently prohibited to shellfishing. Although shellfishing use is restricted, all SA criteria must be met.
2.Class SB - These waters are designated for primary and secondary contact recreational activities; shellfish harvesting for controlled relay and depuration; and fish and wildlife habitat. They shall be suitable for aquacultural uses (other than shellfish for direct human consumption), navigation, and industrial cooling. These waters shall have good aesthetic value.
a.Waterbody segments may have partial use designations assigned to them as noted in § 1.9(D) of this Part.
3.Class SB1 - These waters are designated for primary and secondary contact recreational activities and fish and wildlife habitat. They shall be suitable for aquacultural uses (other than shellfish for direct human consumption), navigation, and industrial cooling. These waters shall have good aesthetic value. Primary contact recreational activities may be impacted due to pathogens from approved wastewater discharges. However all Class SB criteria must be met.
a.Waterbody segments may have partial use designations assigned to them as noted in § 1.9(D) of this Part.
4.Class SC - These waters are designated for secondary contact recreational activities, and fish and wildlife habitat. They shall be suitable for aquacultural uses, navigation, and industrial cooling. These waters shall have good aesthetic value.
D.Partial Uses - In accordance with § 1.21 of this Part, the Department may designate a partial use for the above listed water use classifications. Partial use denotes specific restrictions of use assigned to a waterbody or waterbody segment that may affect the application of criteria. Additional partial uses may be so designated by the Director if provided in accordance with § 1.21 of this Part.
1.CSO - These waters will likely be impacted by combined sewer overflows in accordance with approved CSO Facilities Plans and in compliance with rule § 1.21(E)(1) of this Part. Therefore, primary contact recreational activities; shellfishing uses; and fish and wildlife habitat will likely be restricted.
2.Concentration of Vessels - Waters in the vicinity of marinas and/or mooring fields are subject to seasonal shellfishing closures as determined by RIDEM pursuant to R.I. Gen. Laws Chapter 20-8.1;All Class SA criteria must be attained.
3.Partial use designations are represented by the lower case letters, "a" or "b", which appear in brackets {} next to the classification as found in § 1.25 of this Part.
E.Water Quality Classifications - All surface waters of the State have been categorized according to the water use classification of §§ 1.9(B), (C), and (D) of this Part based on considerations of public health, safety and welfare, recreation, propagation and protection of fish and wildlife, and economic and social benefit. The surface waters of the State are classified according to the list of water segments in § 1.25 of this Part. For waterbodies not listed in § 1.25 of this Part, the following apply:
1.All streams tributary to Class A waters shall be Class A.
2.All waters tributary to Class AA waters shall be Class AA.
3.All freshwaters hydrologically connected by surface waters and upstream of Class B, B1, SB, SB1, C or SC waters shall be Class B unless otherwise identified in § 1.25 of this Part.
4.All other fresh waters, including, but not limited to, ponds, kettleholes and wetlands not listed in § 1.25 of this Part shall be considered to be Class A.
5.All seawaters not listed in § 1.25 of this Part shall be considered to be Class SA. All saltwater and brackish wetlands contiguous to seawaters not listed in § 1.25 of this Part shall be considered to be Class SA.
6.All saltwater and brackish wetlands contiguous to seawaters listed in § 1.25 of this Part shall be considered the same class as their associated seawaters.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.10** Water Quality Criteria {#sec-250-ricr-150-05-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.10}
A.The following physical, chemical and biological criteria are parameters of the minimum water quality necessary to support the surface water use classifications of §§ 1.9(B), 1.9(C), and 1.9(D) of this Part and shall be applicable to all waters of the State.
B.General Criteria - The following minimum criteria are applicable to all waters of the State, unless criteria specified for individual classes are more stringent:
1.At a minimum, all waters shall be free of pollutants in concentrations or combinations or from anthropogenic activities subject to this Regulation that:
a.Adversely affect the composition of fish and wildlife;
b.Adversely affect the physical, chemical, or biological integrity of the habitat;
c.Interfere with the propagation of fish and wildlife;
d.Adversely alter the life cycle functions, uses, processes and activities of fish and wildlife; or
e.Adversely affect human health.
2.Aesthetics - all waters shall be free from pollutants in concentrations or combinations that:
a.Settle to form deposits that are unsightly, putrescent, or odorous to such a degree as to create a nuisance, or interfere with the existing or designated uses;
b.Float as debris, oil, grease, scum or other floating material attributable to wastes in amounts to such a degree as to create a nuisance or interfere with the existing or designated uses;
c.Produce odor or taste or change the color or physical, chemical or biological conditions to such a degree as to create a nuisance or interfere with the existing or designated uses; or,
d.Result in the dominance of species of fish and wildlife to such a degree as to create a nuisance or interfere with the existing or designated uses.
3.Radioactive substances - The level of radioactive materials in all waters shall not be in concentrations or combinations which will likely be harmful to humans, fish and wildlife, or result in concentrations in organisms producing undesirable conditions.
4.Nutrients - Nutrients shall not exceed the limitations specified in §§ 1.10(D)(1) and 1.10(E)(1) of this Part and/or more stringent site-specific limits necessary to prevent or minimize accelerated or cultural eutrophication.
5.Thermal Mixing Zones - In the case of thermal discharges into tidal rivers, fresh water streams or estuaries, where thermal mixing zones are allowed by the Director, the mixing zone will be limited to no more than one quarter (1/4) of the cross sectional area and/or volume of river flow, stream or estuary, leaving at least three quarters (3/4) free as a zone of passage. In wide estuaries and oceans, the limits of mixing zones will be established by the Director.
6.Non-thermal Mixing Zones - In the case of non- thermal discharges, in applying these standards the Director may recognize, where appropriate, a limited acute and/or chronic mixing zone(s) on a case-by-case basis. The locations, size and shape of these zones shall provide for the maximum protection of fish and wildlife.
7.At a minimum, all mixing zones must:
a.Meet the criteria for aesthetics, in accordance with § 1.10(B)(2) of this Part;
b.Be limited to an area or volume that will prevent interference with the existing and designated uses in the associated waterbody segment and beyond;
c.Allow an appropriate zone of passage for migrating fish and other organisms, prohibit lethality to organisms passing through the mixing zone, and protect for spawning and nursery habitat; and
d.Not allow substances to accumulate in sediments, fish and wildlife or food chains such that known or predicted safe exposure levels for the health of humans or fish and wildlife will be exceeded.
8.For activities that will likely cause or contribute to flow alterations, streamflow conditions must be adequate to support existing and designated uses.
C.Applicable Conditions – The water quality standards apply under the most adverse conditions, as determined by the Director according to sound engineering and scientific practices on a case-by-case basis unless defined below. The ambient water quality criteria are applicable at or in excess of the following flow conditions:
1.Aquatic Life Criteria - The acute and chronic aquatic life criteria for freshwaters shall not be exceeded at or above the lowest average 7 consecutive day low flow with an average recurrence frequency of once in 10 years (7Q10). The acute and chronic aquatic life criteria for seawater shall not be exceeded beyond the boundary of the mixing zone(s), as defined and determined by §§ 1.10(B)(5) and (6) of this Part, and thence throughout the waterbody. If a mixing zone has not been established, these criteria shall not be exceeded in any portion of the receiving water.
2.Human Health Criteria - The freshwater human health criteria for non-carcinogens and carcinogens are applicable at or in excess of the harmonic mean flow, which is a long-term mean flow value calculated by dividing the number of daily flows analyzed by the sum of the reciprocals of those daily flows. For seawaters, the ambient human health water quality criteria for carcinogens and non-carcinogens are applicable when the most adverse hydrographic and pollution conditions occur at the particular point of evaluation.
D.Class Specific Criteria-Freshwaters
1.The table below presents the class-specific criteria for freshwaters, classifications AA, A, B, B1, and C and any partial use designation freshwaters.
CRITERION
CLASS AA1
CLASS A
CLASS B, B1, B{a}, B1{a}
CLASS C
Dissolved Oxygen
Cold Water Fish Habitat - Dissolved oxygen content of not less than 75% saturation, based on a daily average, and an instantaneous minimum dissolved oxygen concentration of at least 5 mg/l, except as naturally occurs. For the period from October 1st to May 14th, where in areas identified by the RI Division of Fish and Wildlife as cold water fish spawning areas the following criteria apply: For species whose early life stages are not directly exposed to the water column (ie, early life stages are intergravel), the 7 day mean water column dissolved oxygen concentration shall not be less than 9.5 mg/l and the instantaneous minimum dissolved oxygen concentration shall not be less than 8 mg/l. For species that have early life stages exposed directly to the water column, the 7 day mean water column dissolved oxygen concentration shall not be less than 6.5 mg/l and the instantaneous minimum dissolved oxygen concentration shall not be less than 5.0 mg/l. (See § 1.25 of this Part for coldwater designated waters)
Warm Water Fish Habitat - Dissolved oxygen content of not less than 60% saturation, based on a daily average, and an instantaneous minimum dissolved oxygen concentration of at least 5.0 mg/l, except as naturally occurs. The 7 day mean water column dissolved oxygen concentration shall not be less than 6 mg/l. (See § 1.25 of this Part for warmwater designated waters)
Sludge deposits, solid refuse, floating solids, oil, grease, scum
None allowable.
None in such amoutns that would impair any usages specifically assigned to this class.
Color and turbidity
None in such concentrations that would impair any usages specifically assigned to this class. Turbidity not to exceed 5 NTU over background.
None in such concentrations that would impair any usages specifically assigned to this class. Turbidity not to exceed 10 NTU over background.
Fecal Coliform Bacteria (MPN/100ml)
Drinking Water Supply Criteria: - applied at the terminal reservoir of the system – Not to exceed a geometric mean value of 20 MPN/100 ml and not more than 10% of the samples shall exceed a value of 200.
None in such concentrations that would impair any usages specifically assigned to this class.
Primary Contact Recreational/Swimming Criteria – Not to exceed a geometric mean value of 200 MPN/100 ml and not more than 10% of the total samples taken shall exceed 400 MPN/100 ml, applied only when adequate enterococci data are not available
Enterococci
Primary Contact Recreational/Swimming Criteria
Non-Designated Bathing Beach Waters Geometric Mean Density: 54 colonies/100 ml
Designated Bathing Beach Waters Geometric Mean Density: 33 colonies/100 ml
Single Sample Maximum: 61 colonies/100 ml
None in such concentrations that would impair any usages specifically assigned to this class.
Taste and odor
None other than of natural origin and none associated with nuisance algal species.
None in such concentrations that would impair any usages specifically assigned to this class nor cause taste or odor in edible portions of fish.
pH (Standard Units)
6.5 – 9.0 or as naturally occurs.
Temperature/Temperature increase
No activity shall raise the temperature of the receiving waters above the recommended limit on the most sensitive receiving water use nor cause the growth of undesirable or nuisance species of biota. In no cases shall an activity cause the temperature to exceed 83 degrees F. Heated discharges into designated coldwater habitats (See § 1.25 of this Part for coldwater designated waters) shall not raise the temperature above 68 degrees F outside an established thermal mixing zone. In no case shall the temperature of the receiving water be raised more than 4 degrees F.
Chemical constituents
None in concentrations or combinations that could be harmful to humans or fish and wildlife for the most sensitive and governing water class use, or unfavorably alter the biota, or which would make the waters unsafe or unsuitable for fish and wildlife or their propagation, impair the palatability of same, or impair waters for any other existing or designated use. None in such concentrations that would exceed the Water Quality Criteria and Guidelines as found in § 1.26 of this Part.
The ambient concentration of a pollutant in a water body shall not exceed the Ambient Water Quality Criteria and Guidelines, (§ 1.26 of this Part) for the protection of aquatic organisms from acute or chronic effects, unless the criteria or guidelines are modified by the Director based on results of bioassay tests conducted in accordance with the terms and conditions provided in § 1.29 of this Part.
Nutrients
Average Total Phosphorus shall not exceed 0.025 mg/l in any lake, pond, kettlehole or reservoir, and average Total P in tributaries at the point where they enter such bodies of water shall not cause exceedance of this phosphorus criteria, except as naturally occurs, unless the Director determines, on a site-specific basis, that a different value for phosphorus is necessary to prevent cultural eutrophication.
None in such concentration that would impair any usages specifically assigned to said Class, or cause undesirable or nuisance aquatic species associated with cultural eutrophication, nor cause exceedance of the criterion above in a downstream lake, pond, or reservoir. New discharges of wastes containing phosphates will not be permitted into or immediately upstream of lakes or ponds. Phosphates shall be removed from existing discharges to the extent that such removal is or may become technically and reasonably feasible.
1 Class AA waters used for public drinking water supply may be subject to restricted recreational use by State and local authorities.
E.Class Specific Criteria-Saltwaters
1.The table below presents the class-specific criteria for saltwaters, classifications SA, SB, SB1, and SC and any partial use designation saltwaters.
CRITERION
CLASS SA, SA{b}
CLASS SB, SB1, SB{a}, SB1{a}
CLASS SC
Sludge deposits, solid refuse, floating solids, oil, grease, scum
None allowable.
None in such amounts that would impair any usages specifically assigned to this class.
Color and turbidity
None in such concentrations that would impair any usages specifically assigned to this class. Turbidity not to exceed 5 NTU over background.
None in such concentrations that would impair any usages specifically assigned to this class. Turbidity not to exceed 10 NTU over background.
Fecal Coliform Bacteria
Shellfishing Criteria: - Not to exceed a geometric mean value of 14 cfu per 100ml (MF mTEC method) and not more than 10% of the samples or the estimated 90th percentile of the samples shall exceed 31 cfu per 100ml (MF mTEC method).
None in such concentrations that would impair any usages specifically assigned to this class.
Primary Contact Recreational/Swimming Criteria - Not to exceed a geometric mean value of 50 MPN/100 ml and not more than 10% of the total samples taken shall exceed 400 MPN/100 ml, applied only when adequate enterococci data are not available.
Enterococci
Primary Contact Recreational/Swimming Criteria
Geometric Mean Density: 35 colonies/100 ml
Single Sample Maximum: 104 colonies/100 ml
None in such concentrations that would impair any usages specifically assigned to this class.
Taste and odor
None allowable except as naturally occurs.
None in such concentrations that would impair any usages specifically assigned to this class nor cause taste or odor in edible portions of fish or shellfish.
pH
6.5 - 8.5 but not more than 0.2 units outside of the normally occurring range.
Dissolved Oxygen
See § 1.10(F) of this Part
Chemical constituents
None in concentrations or combinations that could be harmful to humans or fish and wildlife for the most sensitive and governing water class use, or unfavorably alter the biota, or which would make the waters unsafe or unsuitable for fish and wildlife or their propagation, impair the palatability of same, or impair the waters for any other existing or designated use. None in such concentrations that would exceed the Water Quality Criteria and Guidelines as found in § 1.26 of this Part.
The ambient concentration of a pollutant in a water body shall not exceed the RI DEM Ambient Water Quality Criteria & Guidelines (§ 1.26 of this Part) for the protection of aquatic organisms from acute or chronic effects, unless the criteria or guideline is modified by the Director based on results of bioassay tests conducted in accordance with the terms and conditions provided in § 1.29 of this Part.
Nutrients
None in such concentration that would impair any usages specifically assigned to said Class, or cause undesirable or nuisance aquatic species associated with cultural eutrophication. Shall not exceed site-specific limits if deemed necessary by the Director to prevent or minimize accelerated or cultural eutrophication. Total phosphorus, nitrates and ammonia may be assigned site-specific permit limits based on reasonable Best Available Technologies. Where waters have low tidal flushing rates, applicable treatment to prevent or minimize accelerated or cultural eutrophication may be required for regulated nonpoint source activities.
Temperature/ Temperature Increase
Activities shall not increase the temperature except where the increase will not exceed the recommended limit on the most sensitive receiving water use and in no case shall an activity cause the temperature to exceed 83 degrees F nor raise the normal temperature more than 1.6 degrees F, 16 June through September and not more than 4 degrees F from October through 16 June. All measurements shall be made at the boundary of such mixing zones as is found to be reasonable by the Director.
F.Saltwater Dissolved Oxygen Criteria - The following information details the use of continuous dissolved oxygen data in estuarine waters.
1.For surface waters above a seasonal pycnocline, not less than an instantaneous value of 4.8 mg/l more than once every three years, except as naturally occurs.
2.For waters below the seasonal pycnocline, Aquatic Life Uses are considered to be protected if conditions do not fail to meet protective thresholds, as described below, more than once every three years. DO criteria presented here shall be protective of the most sensitive life stage – survival effects on larvae which affects larval recruitment – for both persistent and cyclic conditions. This criteria evaluates effects of exposure to low DO over time on larval recruitment. Because larval recruitment occurs over the whole season, the low DO exposure effects are cumulative. Exposures are evaluated on a daily basis to determine the total seasonal exposure. The criteria to protect larval survival is established to limit the number of exposure days over the range of low DO conditions such that the cumulative percentage of larvae affected shall not exceed a 5% reduction in larval recruitment over the season. If the Director determines that a smaller percent impairment on larval recruitment is necessary on a site specific basis, a criteria modification will be process in accordance with § 1.21(F) of this Part. Protection of larval survival will also afford adequate protection of juvenile and adult life stages. The critical recruitment season for evaluation of DO exposure is defined as May 1 through October 31. While recruitment may occur at other periods of the year, this timeframe reflects periods when hypoxia are most prevalent. Waters with a DO concentration above an instantaneous value of 4.8 mg/l shall be considered protective of Aquatic Life Uses. When instantaneous DO values fall below 4.8 mg/l, the waters shall not be:
a.Less than 2.9 mg/l for more than 24 consecutive hours during recruitment season; nor
b.Less than 1.4 mg/l for more than 1 hour more than twice during the recruitment season; nor
c.Shall they exceed the cumulative exposure presented in § 1.10(F)(3) of this Part.
d.The method for calculating cumulative low DO exposure throughout the recruitment season is as follows:
(1)For persistent low DO conditions (low DO conditions that vary little within a day, e.g., <0.5 mg/l), the limit represents allowable DO conditions below 4.8 mg/l provided the exposure duration (number of days observed) does not exceed the corresponding allowable number of days (as presented in § 1.10(F)(2)(d)(1)(A) of this Part) that ensure adequate larval recruitment over the course of the season. The cumulative seasonal low DO effects are evaluated by totaling the fractions of the observed (or projected) exposure duration (in days) divided by the allowable number of days for each DO concentration. The sum of the decimal fractions shall not exceed 1.0. The minimum daily DO measurement is used to represent the daily DO value. The criteria for 24 hour DO concentration and allowable number of days as presented in § 1.10(F)(2)(d)(1)(A) of this Part are calculated using the following equations:
?ti(actual)/ti(allowed) < 1.0
Where DOi = allowable concentration (mg/L)
ti = exposure interval duration (days)
i = exposure interval
(A)Saltwater DO Criteria for Waters Below the Seasonal Pycnocline
24 Hour (Daily) DO Exposure Concentration (mg/L)
Daily Percent Larval Mortality (%)
Allowable Number of Days Without Exceeding a 5% Reduction in Seasonal Larval Recruitment
4.6
4.96
42
4.5
6.05
30
4.4
7.36
24
4.3
8.93
20
4.2
10.79
18
4.1
12.98
16
4
15.55
14
3.9
18.51
12
3.8
21.88
10
3.7
25.69
9
3.6
29.89
8
3.5
34.47
7
3.4
39.36
6
3.3
44.46
5
3.2
49.69
4
3.1
54.92
3
3
60.05
2
2.9
64.97
1
(2)For cyclic low DO conditions (DO conditions that fluctuate broadly within a day, e.g.>0.5 mg/l), the limit represents the allowable number of days as a given daily larval percent mortality that protects against great than 5% cumulative impairment of larval recruitment over a recruitment season. The maximum daily percent larval mortality is a function of DO minimum for any exposure interval/range (mg/l) and the duration of the interval (hours) and is determined using the Time-to-death (TTD) curves presented in § 1.10(F)(2)(d)(2)(A) of this Part The maximum daily percent larval mortality from cyclic exposures is determined from the observed data point falling closest to a TTD curve of greatest effect (ie., highest percent mortality). The calculated maximum daily percent larval mortality shall not exceed the allowable number of days as presented in §§ 1.10(F)(2)(d)(1)(A) and 1.10(F)(2)(d)(2)(B) of this Part. Cumulative cyclic low DO effects observed over the course of the season are evaluated by tallying the number of days at each percent mortality observed for the season. The observed number of days at each percent mortality are divided by the allowable number of days for each percent mortality. The sum of the decimal fraction shall not exceed 1.0.
(A)Time To Death (TTD) Curves for 5-60% Mortality
(B)Cyclic Translator for Waters Below the Seasonal Pycnocline
(3)For seasons with both cyclic and persistent cycles of low DO, all data will be treated as cyclic exposure patterns with the persistent data set at the 24 hour/1-day exposure duration. Daily percent mortalities will be determined from § 1.10(F)(2)(d)(2)(A) and § 1.10(F)(2)(d)(1)(A) of this Part will be used to determine the acceptable number of days the low DO pattern can occur over the course of the season.
3.For waters without a seasonal pycnocline, DO concentrations above 4.8 mg/l shall be considered protective of Aquatic Life Uses. When instantaneous DO values fall below 4.8 mg/l, the water shall not be:
a.Less than 3.0 mg/l for more than 24 consecutive hours during the recruitment season; nor
b.Less than 1.4 mg/l for more than 1 hour more than twice during the recruitment season; nor
c.Shall they exceed the cumulative DO exposure presented in § 1.10(F)(2)(d)(1)(A) of this Part.
d.Cumulative low DO exposures in the 2.95 – 4.8 mg/l range shall be evaluated as described above in § 1.10(F)(2) of this Part but shall not exceed the information presented in § 1.10(F)(3)(e)(1)(A) of this Part.
e.The method for calculating cumulative low DO exposure is as follows:
(1)For persistent low DO conditions in water without a seasonal pycnocline, the criteria for 24 hours DO concentration and allowable number of days as presented in § 1.10(F)(3)(e)(1)(A) of this Part are calculated using the following equation:
Where DOi = allowable concentration (mg/L)
ti = exposure interval duration (days)
i = exposure interval
(A)Saltwater DO Criteria for Waters without a Seasonal Pycnocline
24 Hour (Daily) DO Exposure Concentration (mg/L)
Daily Percent Larval Mortality (%)
Allowable Number of Days Without Exceeding a 5% Reduction in Seasonal Larval Recruitment
4.6
4.96
16
4.5
6.05
14
4.4
7.36
12
4.3
8.93
11
4.2
10.79
10
4.1
12.98
8
4.0
15.55
7
3.9
18.51
6
3.8
21.88
5
3.7
25.69
4
3.6
29.89
3
3.5
34.47
2
3.4
39.36
1
(2)For cyclic low DO conditions in waters without a seasonal pycnocline, the daily percent mortalities for observed data are determined from § 1.10(F)(2)(d)(2)(A) of this Part and shall not exceed the allowable number of days presented in §§ 1.10(F)(3)(e)(1)(A) and 1.10(F)(3)(e)(2)(A) of this Part.
(A)Cyclic Translator for Waters Without a Seasonal Pycnocline
(3)For seasons with both cyclic and persistent cycles of low DO, all data will be treated as cyclic exposure patterns with the persistent data set at the 24 hours/1-day exposure duration. Daily percent mortalities will be determined from §§ 1.10(F)(2)(d)(2)(A) and 1.10(F)(3)(e)(1)(A) of this Part will be used to determine the acceptable number of days the low DO pattern can occur over the course of the season.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.11** Effect of Activities on Water Quality Standards {#sec-250-ricr-150-05-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.11}
A.Activities Shall Not Violate Water Quality Standards - No person shall discharge pollutants into any waters of the State or perform any activities alone or in combination which the Director determines will likely result in the violation of any State water quality criterion or interfere with one or more of the existing or designated uses assigned to the receiving waters or to downstream waters in accordance with §§ 1.9, 1.10, and 1.20 of this Part. In addition, Best Management Practices, as determined by the Director, shall be used to control erosion, sedimentation and runoff in accordance with § 1.17 of this Part.
B.Activities Shall Not Further Degrade Low Quality Waters - No person shall discharge pollutants into any waters of the State, or perform any activities alone or in combination which the Director determines will likely result in the additional degradation of water quality of the receiving waters or downstream waters which are already below the water quality standard assigned to such waters.
C.Activities Shall Not Violate Antidegradation - No person shall discharge pollutants into any waters of the State, or perform any activities alone or in combination which the Director determines will likely result in a violation of the Antidegradation provisions of this Regulation (§ 1.20 of this Part).
D.Mixing Zone - Due to discharges to surface waters, the Director may recognize, where appropriate, a limited mixing zone on a case-by-case basis. In no case may a mixing zone cause a loss of, or impair, any existing or designated use.
E.Restrictions to New Discharges - New discharges into Class AA, A or SA waters (refer to § 1.25 of this Part) or into waters designated Class B, C, SB or SC which have attained the Class A or SA standard shall be allowed, provided the discharge will not impair existing uses nor attainment of designated uses and all other provisions of this Regulation are complied with including all required approvals, and it complies with the following restrictions:
1.New discharges into the terminal reservoir of a, public drinking water supply shall be prohibited with the exception of discharges of stormwater drainage. New discharges into all other waters of the public drinking water supply shall be prohibited with the exception of the types listed in §§ 1.11(E)(2)(a) through (f) of this Part. Notification will be made to the affected public drinking water supplier and the Department of Health of a proposed new discharge to a public drinking water supply which is under review by this Department in accordance with this Regulation.
2.New discharges into waters that are not public drinking water supplies may include:
a.discharges of stormwater drainage;
b.discharges from industrial non-contact cooling water;
c.discharges from construction site dewatering provided that the applicant has demonstrated to the satisfaction of the Director that no reasonable alternatives exist;
d.discharges from groundwater remediation projects provided that the applicant has demonstrated to the satisfaction of the Director that no reasonable alternatives exist;
e.discharges from aquaculture facilities as appropriately authorized by all required state agencies;
f.discharges from water main maintenance such as main flushing and cleaning operations;
g.discharges of dredged material;
h.discharges from farming activities into surface waters which are hydrographically disconnected from all other surface waters;
i.placement of suitable solid materials in appropriate amounts for the purpose of the formation of an artificial reef as approved by the Director;
j.discharges from aquatic research related activities provided that the applicant has demonstrated to the satisfaction of the Director that no reasonable alternatives exist;
k.discharges from desalination facilities into seawaters; and
l.other new discharges provided the applicant demonstrates to the satisfaction of the Director that:
(1)the discharge serves a compelling public purpose which provides benefits to the public as a whole as opposed to individual or private interests;
(2)there is no reasonable alternative means of, or location for, serving the compelling public purpose cited; and
(3)the discharge will not impair existing uses nor attainment of designated uses.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.12** Procedures for Determining Additional Requirements for Effluent Limitations, Treatment and Pretreatment {#sec-250-ricr-150-05-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.12}
A.Effluent Limited and Water Quality Limited Waters - No person shall discharge pollutants into any surface waters of the State or discharge to a treatment works unless the discharge complies with any additional effluent limitations and receives any additional treatment/pretreatment which the Director determines is necessary to comply with § 1.11 of this Part, or to prevent overloading or damaging effect upon a treatment works. In order to determine which waters require additional effluent limitations, treatment or pretreatment to comply with § 1.11 of this Part, or to prevent overloading or damaging effects upon a treatment works, the Director will categorize the surface waters of the State into effluent limited and water quality limited waters. Such classifications will be recorded in Section 305(b) of the Clean Water Act, 33 U.S.C. § 1315, biennial State of the State's waters reports, and will be revised as necessary.
B.Total Maximum Daily Loads in Water Quality Limited Waters - For water quality limited waters, the Director shall identify those pollutants within discharges to the water quality limited waters which do or have the reasonable potential to cause or contribute to a violation of § 1.11 of this Part. The Director shall develop a total maximum daily load (TMDL) for each of these pollutants. The TMDL shall determine the maximum amount of the pollutant that can be discharged into the water quality limited waters and be in compliance with § 1.11 of this Part. The TMDL shall be based on best available scientific information and allocation of the TMDL may be based on, but not limited to, technical feasibility of pollutant removal, the relative costs of treatment to the contributing discharges, and the relative contribution from each source. The Director shall not be required to allocate the full amount of the pollutant specified in § 1.11 of this Part, but may designate a portion of the allocation as a reserve or margin of safety as deemed necessary.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.13** Prohibited Discharges {#sec-250-ricr-150-05-1-1.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.13}
A.General - The prohibitions enumerated in this rule apply to all pollutants, regardless of the effect on water quality standards or the treatment which the pollutants receive.
B.Pollutants - No person shall discharge pollutants into the waters of the State except as in compliance with the provisions of R.I. Gen. Laws Chapter 46-12, or other applicable chapters, of the Rhode Island General Laws or this Regulation, and pursuant to the terms and conditions of an approval issued by DEM thereunder.
C.Urban Runoff - No person shall discharge storm water, gutter runoff, sump discharges, or street runoff to a treatment works designed to receive only wastewater.
D.Hazardous Waste and Hazardous Substances - No person shall discharge hazardous waste or hazardous substances into any waters of the State or discharge hazardous waste or hazardous substances into a wastewater treatment works, except as in compliance with the provisions of R.I. Gen. Laws Chapter 46-12, or other applicable chapters of the Rhode Island General Laws or this Regulation, and in accordance with the terms and conditions of an approval issued by the Director or municipality as may be required under the Rhode Island Pretreatment Regulations.
E.Oil, Petroleum Products, Solvents - No person shall discharge oil, petroleum products or industrial solvents into treatment works designed to treat or control only wastewater or stormwater unless it conforms with federal, state and local pretreatment requirements. No person shall discharge oil or petroleum products into the waters of the State except as in compliance with the provisions of R.I. Gen. Laws Chapter 46-12, or other applicable chapters of the Rhode Island General Laws or this Regulation, and in accordance with the terms and conditions of an approval issued by DEM thereunder.
F.Discharges of Sewage from Vessels
1.No person shall discharge any sewage from a vessel into the waters of the State.
2.No person shall operate or moor in the waters of the State a vessel equipped with a marine toilet that is:
a.Not a type approved pursuant to the CWA;
b.An approved type that is not in proper working condition; or
c.That does not have the vessel's marine toilets properly sealed to prevent overboard discharges by one of the following means: the through-hull fitting is plugged; or the Y-valve is secured to the holding tank position by means of a padlock, wire tie, or by removing the seacock handle.
3.All sewage must be discharged to an approved marina pump-out facility.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.14** Strategic Plan Consistency {#sec-250-ricr-150-05-1-1.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.14}
A.In addition to the other requirements of this Regulation, no person shall discharge any pollutants into any waters of the State so as to violate any legally applicable requirements of a plan approved by the Governor of Rhode Island and the Administrator pursuant to Sections 208(6) (33 U.S.C. § 1288), 319 (33 U.S.C. § 1329), and 320 (33 U.S.C. § 1330) of the Clean Water Act.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.15** Approvals {#sec-250-ricr-150-05-1-1.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.15}
A.No person shall: discharge any pollutant into, or conduct any activity which will likely cause or contribute pollution to, the waters of the State; or construct, install, or modify any treatment works including the extension of sewers to an existing sewer system, without having obtained all required approvals from the Director. The types of approval for the purposes of this Regulation may include the following:
1.Rhode Island Pollutant Discharge Elimination System (RIPDES) permit by DEM, Water Resources in accordance with the RIPDES Regulations.
2.Order of Approval from DEM, Water Resources for any treatment works in accordance with §§ 1.16 though 1.19 of this Part.
3.Water Quality Certificate (WQC) - the activity(ies) listed below require approval in the form of a certification by DEM, Water Resources that the proposed activity(ies) does not violate this Regulation. A WQC shall have the full force and effect of a permit issued by the Director. The permit required under the Rhode Island Pollutant Discharge Elimination System Regulations may act as the Water Quality Certification for the discharge.
a.In accordance with Section 401 of the Clean Water Act, 33 U.S.C. § 1341, applicants for any project which may result in a discharge to waters of the State and which requires a federal permit must directly apply for and receive a Water Quality Certification from DEM, Water Resources, except as described in § 1.15(A)(3)(b)(1)(A) of this Part.
b.Those projects involving one or more of the activities listed below which are within the jurisdiction of the Rhode Island Coastal Resources Management Council in accordance with R.I. Gen. Laws Chapter 46-23, and which do not require an approval in accordance with the R.I. Gen. Law § 2-1-18 et. seq. or any rules and regulations promulgated thereto, must directly apply for and receive Water Quality Certification from DEM, Water Resources except as described in §§ 1.15(A)(3)(b)(1)(A) and 1.15(A)(3)(b)(4)(A) of this Part.
(1)Dredging and Dredged Material Disposal
(A)With regard to marine dredging, discharge of dredge material and placement of dredge material in tidal waters, the application process and decision for the water quality review will be conducted in accordance with Part 2 of this Subchapter.
(2)Filling of Waters of the State
(3)Marinas and Mooring Fields - construction of new facilities or expansion of existing facilities
(4)Flow Alterations
(A)Flow Alterations for agricultural irrigation will be managed through coordination with DEM/Agriculture.
(5)Harbor Management Plans for those elements which will likely affect water quality
c.The permit required under the RIDEM Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act (Fresh Water Wetlands Regulations) may act as the Water Quality Certification for the discharge, including stormwater discharge.
d.Where a project or activity listed in § 1.15(A)(3) of this Part also requires a permit by any one of the following DEM permit programs, the WQC decision may be incorporated into the decision issued under said program:
(1)Wetlands permit or determination in accordance with the Rules and Regulation Governing the Administration and Enforcement of the Freshwater Wetlands Act
(2)ISDS permit or determination in accordance with regulations Establishing Minimum Standards Relating to the Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems
(3)RIPDES permit in accordance with the Regulations for the Rhode Island Pollutant Discharge Elimination System
(4)Marine dredging and dredged material disposal permit in accordance with the Part 2 of this Subchapter.
(5)UIC permit in accordance with the Part 4 of this Subchapter.
e.Where the Director determines that a WQC decision will be incorporated with one of the above permit decisions, the corresponding public notice requirements and appeal procedures contained in the regulations of the associated permit program will apply in lieu of those contained in §§ 1.17 and 1.23 of this Part herein, respectively. However, when the activity is subject to § 1.15(A)(3)(a) of this Part, and the listed permit decision does not require public notification, the requirements of § 1.17 of this Part will be applied. All other provisions contained in this Regulation shall apply.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.16** Application for Approvals {#sec-250-ricr-150-05-1-1.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.16}
A.Application - More than one of the approvals noted in § 1.15 of this Part may be required. Applications for RIPDES permits shall be submitted and processed in accordance with the Regulations for the Rhode Island Pollutant Discharge Elimination System RIPDES. Applications for Orders of Approval and Water Quality Certifications will be on forms provided by or in the manner prescribed by, DEM, to be submitted to the Director and shall contain such documentation and/or information as the Director may require, including but not limited to:
1.When applicable, documentation that the proposed project is consistent with the currently approved wastewater facility plan or information necessary to modify an approved wastewater facility plan, including but not limited to the project needs, conformance with State Guide Plan policies, goals, and objectives, the basis of design, including design assumptions, data, and calculations;
2.Comprehensive engineering report and detailed engineering plans and specifications for the proposed project;
3.Timetable for and duration of the proposed construction or other activity;
4.Any additional information as may be deemed necessary by the Director to fully assess the impact of the proposed activity upon the waters of the State or to support any changes in the scope of the project, actual or anticipated;
5.Any additional information including proprietary data, where, in the opinion of the Director, such information is necessary to fully disclose all relevant facts concerning the application for an approval. The applicant may assert a claim of confidentiality for proprietary data as defined in R.I. Gen. Laws § 38-2-2 provided said information is clearly marked and segregated within the total information requested by the Department; and
6.A preponderance of clear and scientifically valid evidence having a probative value demonstrating, to the satisfaction of the Director, that the activity will not violate the surface water quality standards established by these Water Quality Regulations, and amendments thereto.
B.Professional Certification for Plans and Specifications - All engineering plans and specifications required under § 1.16(A) of this Part shall be certified by a professional engineer registered in the State pursuant to R.I. Gen. Laws Chapter 5-8.
C.Failure of the applicant to submit information deemed necessary by the Department in order to fully assess the impact of the proposed project on waters of the State or to support any changes in the scope of the proposed project, actual or anticipated, shall constitute valid cause for denial of the application.
D.The requirements of the 2010 Stormwater Design and Installation Standards Manual as amended in March 2015 shall apply to all applications proposing the generation of stormwater discharges on any applicable project listed in § 1.15 of this Part.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.17** Procedures for Review of Applications for Orders of Approval and Water Quality Certifications {#sec-250-ricr-150-05-1-1.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.17}
A.In consideration of the application, the Department may use, but is not limited to, the following documents: Guides for the Design of Wastewater Treatment Works (TR-16, 2011 Edition as Revised in 2016), published by the New England Interstate Water Pollution Control Commission; Design of Water Resource Recovery Facilities (WEF Manual of Practice #8 & ASCE Manual and Report on Engineering Practice #76), jointly published by the Water Environment Federation and the American Society of Civil Engineers (Sixth Edition); Rhode Island Soil Erosion and Sediment Control Handbook, developed jointly by R.I. DEM and U.S. Department of Agriculture Natural Resources Conservation Service (2016); State of Rhode Island Stormwater Design and Installation Standards Manual (2010 version amended March 2015), developed jointly by R.I. DEM and Coastal Resources Management Council; the Technical Support Document for Water Quality-based Toxics Control, March 1991, EPA/505/2-90-001; Evaluation of Dredged Material Proposed for Ocean Disposal Testing Manual, February 1991, EPA-503/8-91/001; Interim Regional Policy for New England Stream Flow Recommendations, U. S. Department of Interior, Fish and Wildlife Service; Water Quality Standards Handbook, 2nd. Ed., August 1994, EPA-823-B-94-005a.
B.Application Completeness
1.Upon receipt of an application, the Department will review the application for completeness and shall notify the applicant in writing whether the application is complete. Where the Department has deemed an application to be deficient, the processing of the application will be suspended and the applicant shall correct said deficiencies to the satisfaction of the Department.
C.At any time during review, the Director may:
1.Require that the applicant provide such information as the Director deems necessary for the review of the application;
2.Issue an approval requiring such terms, conditions, management practices and operation and maintenance requirements as deemed necessary to comply with the requirements of applicable state or federal laws; or
3.Deny the application for failure to satisfy the requirements of applicable state or federal laws and advise the applicant of the right to appeal under § 1.23 of this Part. A denial may be based on, but is not limited to any or all of the following:
a.A treatment works which is overloaded or inadequate to accept and treat any additional load of pollutants in which case the Director, shall, where appropriate, also deny applications for new sewer connection or additional discharges to the system;
b.An activity or a treatment works or any part thereof, which is likely to substantially contribute to an increase in non-point source pollution which will likely result in a violation of state or federal laws or this Regulation or any other regulations of the Department;
c.A treatment works or any part thereof, or a project which is not consistent with the approved Wastewater Facilities Plan;
d.Failure to submit any information required by the Department; or
e.Failure to provide a preponderance of clear and scientifically valid evidence having a probative value demonstrating, to the satisfaction of the Director, that the activity will not violate the surface water quality standards established by these Water Quality Regulations, and amendments thereto.
D.Public Notice and Consideration of Public Comment for Applications for Water Quality Certification
1.Certification Public Notice - Upon determination that an application for water quality certification is complete, the Director shall provide or have the applicant provide in a form approved in writing by the Department, written notice of the proposed project to all abutters of any property upon which the activity will occur, and to any other such persons, agencies or organizations deemed appropriate by the Director. At a minimum the chief elected officer of the city or town within which the activity will be conducted, shall be notified.
a.For projects that the Director determines have the potential to result in impacts beyond the abutting property(ies) or that notification of abutters is impracticable, the notice shall be published in a daily or weekly newspaper with circulation in the involved area. The Department may also require the applicant to publish notice, in a form approved in writing by the Department, in an additional daily or weekly newspaper with circulation that includes the community nearest the proposed location, or statewide.
2.Comment Period - The notice will provide for a thirty-day comment period during which time any person may provide written comments which may include a request for a hearing on the project or activity proposed by the application.
3.Public Hearing - The Director shall provide an opportunity for oral comments if a hearing is requested by twenty-five (25) persons, or by a governmental subdivision or agency, or by an association having not less than twenty-five (25) members. The applicant, all persons receiving notice under § 1.17(D)(1) of this Part, and all persons submitting comments or requesting a hearing under § 1.17(D)(2) of this Part shall be notified consistent with the requirements of § 1.17(D)(1) of this Part, at least fourteen (14) days in advance, of the time and place of the hearing.
4.Consideration of Comments - The Director shall consider all written and oral comments and may approve modifications to the application package made in response to comments received, without requiring another notice and comment period, provided the modifications are minor in nature and will have little or no adverse environmental impact.
5.Notice of Decision - All persons who submit comments, either orally at the hearing or in writing, shall receive written notice of the final agency decision on the application.
6.Modifications - The Director may approve modifications to an approved project or activity without further notice, provided that the project had been noticed in accordance with § 1.17(D) of this Part, and such modifications are minor in nature and will have little or no adverse environmental impact.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.18** Effect of Approval {#sec-250-ricr-150-05-1-1.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.18}
A.The issuance of an approval mandates compliance with all terms, conditions, management practices and operation and maintenance requirements set forth in the approval. Any violation of these may result in the finding of a prohibited discharge as set forth in § 1.13 of this Part.
B.The issuance of an approval does not relieve any person of the continuing responsibility to comply with any applicable section of this Regulation or applicable sections of the Clean Water Act.
C.The issuance of an approval by the Department does not relieve any person of the responsibility for obtaining any other necessary permits or approvals from any federal, state, regional, or local agency.
D.The issuance of an approval does not authorize any injury to persons or property or invasion of other private rights, or any infringement of Federal, State or local law or regulations.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.19** Modification, Expiration, Suspension or Revocation of Approval {#sec-250-ricr-150-05-1-1.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.19}
A.The Director may modify, suspend, or revoke, in whole or in part, an approval for cause, including, but not limited to:
1.Information indicating that the project will likely result in probable harm to the environment or pose a threat to the health, safety and/or welfare of the public;
2.The existence of a factor or factors which, if properly and timely brought to the attention of the Director, would have justified the application of more or less stringent conditions than required by this Regulation, but only if such factor(s) arose after the approval was issued;
3.Changes in effluent limitations in accordance with § 1.12 of this Part, or changes in the definition(s) of such limitations in the Clean Water Act or applicable Environmental Protection Agency regulations;
4.Where circumstances on which the approval was based have materially and substantially changed since the approval was issued, including, but not limited to, a change in category of waters from effluent limited to water quality limited, or amendment of this Regulation;
5.The information or data submitted by the applicant or permittee either on the form(s) required or in any other material in support of the application is found to be false, misleading or erroneous; or
6.The project is not undertaken in strict compliance with the conditions or provisions of any approval issued by the Department.
B.A Notice of Revocation/Suspension of an approval will be in the form of a letter notifying the permittee or subsequent transferee of the revocation or suspension and the reasons why the approval is being revoked or suspended.
C.The party served with a Notice of Revocation/Suspension of an approval may request an adjudicatory hearing to contest the revocation as set forth in the provisions of § 1.23 of this Part. A Notice of Revocation/Suspension of an approval automatically becomes a final order of the Director enforceable in Superior Court upon failure to request said adjudicatory hearing.
D.Request for modification of approval shall be in accordance with §§ 1.16 and 1.17 of this Part.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.20** Antidegradation of Water Quality Standards {#sec-250-ricr-150-05-1-1.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.20}
A.Purpose - The State Antidegradation Regulations are based on the federal Antidegradation Policy requirements, Antidegradation Policy and Implementation Methods, 40 C.F.R. § 131.12 and have as their objective the maintenance and protection of various levels of surface water quality and uses. Antidegradation applies to all projects or activities subject to this Regulation which will likely lower water quality or affect existing or designated water uses, including but not limited to all Water Quality Certification reviews and any new or modified RIPDES permits. For the disposal of dredged or fill material into the waters of the State, Guidelines for Specification of Disposal Sites for Dredged or Fill Material, 40 C.F.R. § 230-Section 404(b)(1), incorporated above in § 1.3(C) of this Part, guidelines shall be followed in the evaluation of the State’s Antidegradation Policy. The Antidegradation regulations consist of four (4) tiers of water quality protection.
B.Tier 1 - Protection of Existing Uses - Any existing in situ water uses and level of surface water quality necessary to protect the existing uses, shall be maintained and protected.
C.Tier 2 - Protection of Water Quality in High Quality Waters - With the exception of Outstanding National Resource Waters, in surface waters where the existing water quality exceeds levels necessary to support propagation of fish and wildlife and recreation in and on the water, that quality shall be maintained and protected, except for insignificant changes in water quality as determined by the Director and in accordance with § 1.27 of this Part. An exception to this level of protection may only be allowed if it can be proven to the Director by a preponderance of clear and scientifically valid evidence having a probative value, and the Director finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the RI Continuing Planning Process, that allowing significant water quality degradation is necessary to accommodate important economic and social benefit in the area in which the receiving waters are located. In allowing such significant degradation or lower water quality, the Director shall assure water quality adequate to fully protect existing and designated uses. In allowing a change in water quality, significant or insignificant, all reasonable measures to minimize the change shall be implemented. Adequate scientifically valid documentation shall be provided to the Director demonstrating that designated and existing uses, water quality to protect those uses, and all applicable water quality standards, will be fully protected. Further, the highest statutory and regulating requirements for all new and existing point sources and all cost-effective and reasonable best management practices for nonpoint source control shall apply.
D.Tier 2½ - Protection of Water Quality for SRPWs - Where high quality waters constitute a SRPW, there shall be no measurable degradation of the existing water quality necessary to protect the characteristic(s) which cause the waterbody to be designated as an SRPW. Notwithstanding that all public drinking water supplies are SRPWs, public drinking water suppliers may undertake temporary and short term activities within the boundary perimeter of a public drinking water supply impoundment for essential maintenance or to address emergency conditions in order to prevent adverse effects on public health or safety, provided that these activities comply with the requirements set forth in § 1.20(B) of this Part (Tier 1 Protection of Existing Uses) and § 1.20(C) of this Part (Tier 2 Protection of Water Quality in High Quality Waters).
E.Tier 3 - Protection of Water Quality for ONRWs - Where high quality waters constitute an Outstanding National Resource, as defined in § 1.7 of this Part, that water quality shall be maintained and protected. The State may allow some limited activities that result in temporary and short-term changes in the water quality of an ONRW. Such activities must not permanently degrade water quality or result in water quality lower than that necessary to protect the existing uses in the ONRW.
F.Implementation - The Antidegradation provisions shall be implemented in accordance with the Antidegradation Implementation Policy § 1.27 of this Part.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.21** Modification of Water Quality Standards {#sec-250-ricr-150-05-1-1.21 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.21}
A.Authority - The Director has the power and duty in accordance with § 1.2 of this Part and R.I. Gen. Laws § 46-12-3 to promulgate water quality standards.
B.Request for Modification - Any person may request that the Director modify a water quality standard. The request must include a preponderance of clear and scientifically valid evidence having a probative value to demonstrate that such modification is consistent with this Regulation. In addition, a Use Attainability Analyses (UAA) must be conducted:
1.for a request to remove a designated use specified in Section 101(a)(2) of the Clean Water Act, 33 U.S.C. § 1251; or
2.to propose a subcategory of uses specified in Section 101(a)(2) of the Clean Water Act, 33 U.S.C. § 1251, which require less stringent criteria.
C.Promulgation of Modifications - If the Director determines that modification is appropriate the Director shall initiate promulgation of such modification in accordance with R.I. Gen. Laws Chapter 42-35.
D.General Standards for Conducting the Review - Water quality standards shall protect the public health, safety and welfare, enhance the quality of water and serve the purpose of the Clean Water Act.
1.The Director will take into consideration the conservation, protection, use and value of the waters for public water supplies, propagation of fish and wildlife, recreational purposes, agricultural, industrial, and other purposes, and for navigation.
2.The Director shall attempt to establish water quality standards which will result in the achievement of the national water quality goal specified in Secton 101(a)(2) (33 U.S.C. § 1251) of the Clean Water Act, wherever attainable. In determining whether such standards are attainable for any particular segment, the Director shall take into consideration environmental, technological, social, and economic factors.
3.Designation of uses which do not support the protection and propagation of fish and wildlife, and recreation in and on the water, Section 101(a)(2) (33 U.S.C. § 1251) of the Clean Water Act, may be granted if supported by a Use Attainability Analyses to the satisfaction of the Director.
4.The Director shall take into consideration the water quality standards of downstream waters and shall assure that water quality standards provide for the attainment of the water quality standards of downstream waters.
5.The Director shall adhere to the antidegradation principles of the Antidegradation Policy described in § 1.20 of this Part.
E.Modifications of Designated Uses - Modifying a designated use may result in modifying the applicable criteria of the affected/identified water segment, to criteria necessary to protect the new designated use of that affected/identified water segment. In no case may a criteria be modified if it would adversely affect existing uses or other designated uses.
1.Downgrading Designated Uses
a.In waters in which the designated use(s) is not the existing use(s), any person may request that the Director, or the Director may propose, that the designated use be downgraded, or may designate a partial use (§ 1.9(D) of this Part), only where it is demonstrated through the UAA process (except as noted in § 1.21(E)(1)(c) of this Part) by a preponderance of clear and scientifically valid evidence having a probative value to the satisfaction of the Director that attaining the designated use is not feasible because:
(1)Naturally occurring background pollutant concentrations or natural background conditions prevent the attainment of the use;
(2)Naturally occurring ephemeral, intermittent or low flow conditions or water levels not human-made or human-induced prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating state water conservation requirements to enable uses to be met;
(3)Human-made or human-induced conditions prevent the attainment of the use and cannot be remedied per item § 1.21(E)(1)(a)(6) of this Part, or would cause more environmental damage to correct than to leave in place;
(4)Existing dams, diversions or other types of permitted hydrologic modifications which meet all applicable permit and/or water quality certificate requirements preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use;
(5)Physical conditions related to the naturally occurring features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality and not human-made or human-induced, preclude attainment of aquatic life protection uses; or
(6)Controls more stringent than those required by Sections 301(b)(1)(A) and (B) (33 U.S.C. § 1311) and 306 of the Clean Water Act (33 U.S.C. § 1316) for point source dischargers, and reasonable best management practices for nonpoint source dischargers, would result in substantial and widespread economic and social impact.
b.It must also be demonstrated to the Director's satisfaction that downgrading or altering the water quality use will not affect the quality of waters beyond the area in which §§ 1.21(E)(1)(a)(1) through (6) of this Part applies nor violate § 1.20 of this Part (Antidegradation of Water Quality Standards). The Director shall hold a public hearing on such downgrading requests that are determined to have merit.
c.For the following waters, a partial use designation of SA{b} may be proposed and will not be considered a downgrade and will not require a use attainability analysis, unless the Director determines it is necessary to comply with § 1.20 of this Part (Antidegradation of Water Quality Standards):
(1)SA waters along the western shore of Aquidneck Island located between a straight line extending northerly from the boundary of Lots 8 and 9, Portsmouth Town Map 17 to the end of Coddington Cove Breakwater in Middletown, that extend 500 feet seaward from the mean high water mark.
(2)SA waters along the western shore of Warwick Neck from the southern most point of the Harbor Light Marina parking lot to the northern side of the end of Randall Street, that extend 500 feet seaward from the mean high water mark.
(3)SA waters along the eastern shore of Horse Neck from the eastern most extension of Burr Avenue, to the eastern most groin at Oakland Beach, that extend 500 feet seaward from the mean high water mark.
(4)SA waters from the northernmost point along the east bulkhead wall in the small embayment on the south side on the Allens Harbor entrance channel to the extension of a line from nun buoy 10 through FG Buoy 11 to the shore at Quonset Point, that extend 500 feet seaward from the mean high water mark.
d.A designated use may not be downgraded if such uses will be attained by implementing effluent limits required under Sections 301(b) (33 U.S.C § 1311) and 306 (33 U.S.C. § 1316) of the Clean Water Act for point sources and by implementing cost-effective and reasonable best management practices for nonpoint source control.
2.Upgrading Designated Uses
a.Any person may request that the Director or the Director may propose to upgrade the classification of a water quality segment, including a request to designate a waterbody or waterbody segment as a Special Resource Protection Water (SRPW) or an Outstanding National Resource Water (ONRW).
b.Where current water use classifications specify water uses less sensitive than those which are presently being achieved, the Director shall propose to upgrade the classification of the waters in question to reflect the uses actually being attained.
c.The Director shall hold a public hearing on such requests that are determined to have merit.
(1)At the hearing, the applicant must prove by a preponderance of clear and scientifically valid evidence having probative value to the satisfaction of the Director that such a reclassification satisfies the standards of §§ 1.21(D) or 1.20 of this Part applies.
F.Modification of Criteria - Any person may request that the Director, or the Director may propose to modify an aquatic life water quality criteria. The request and development of site specific criteria shall be in accordance with § 1.29 of this Part. If the Director determines the criteria modification is appropriate, the Director shall promulgate such modification in accordance with R.I. Gen. Laws Chapter 42-35.
1.Modification of criteria of a water segment shall not result in a modification of the designated use of the water segment. Newly developed criteria must still protect the existing and designated uses of the water segment.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.22** Variances from Water Quality Standards {#sec-250-ricr-150-05-1-1.22 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.22}
A.Conditions for Granting Variances - A variance from the water quality standards may be granted by the Director when the Director has a reasonable belief that the standard can ultimately be attained. A variance from meeting the standard is granted to the discharger for the particular constituent that is causing non-attainment of the standard. All other applicable criteria and standards must be met by the discharger. The criteria protective of the standard must be maintained for all other dischargers on the waterbody. A variance can be granted only under the following conditions:
1.Non-attainment of the standard is attributed to one of the following:
a.Naturally occurring background pollutant concentrations or natural background conditions prevent the attainment of the use;
b.Naturally occurring ephemeral, intermittent or low flow conditions or water levels not human-made or human-induced prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating state water conservation requirements to enable uses to be met;
c.Human-made or human-induced conditions prevent the attainment of the use and cannot be remedied per § 1.22(A)(1)(f) of this Part, or would cause more environmental damage to correct than to leave in place;
d.Existing dams, diversions or other types of permitted hydrologic modifications which meet all applicable permit and/or water quality certificate requirements preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use;
e.Physical conditions related to the naturally occurring features of the waterbody, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality and not human-made or human-induced, preclude attainment of aquatic life protection uses; or
f.Controls more stringent than those required by Sections 301(b)(1)(A) and (B) (33 U.S.C. § 1311) and § 306 (33 U.S.C. § 1316) of the Clean Water Act for point source dischargers, and reasonable best management practices for nonpoint source dischargers, would result in substantial and widespread economic and social impact.
2.Treatment more advanced than that required by section 301(b)(1)(A) and (B) (33 U.S.C. § 1311) has been carefully considered, and that alternative effluent control strategies have been evaluated.
B.Time Limit for Variances - Variances from the water quality standards shall be for a specific period of time not to exceed three (3) years. A variance may be reinstated only upon demonstration that the conditions for granting the variance still apply and reasonable progress toward meeting the standard has been made.
C.Public Notice - The Director may grant a variance, in accordance with this rule, only after public notice, opportunity for comment and a public hearing, in accordance with R.I. Gen. Laws Chapter 42-35.
D.Variances for RIPDES Permitted Discharges - Those persons holding a RIPDES permit, or applying for a RIPDES permit, must request a variance in accordance with the Regulations for the Rhode Island Pollutant Discharge Elimination System RIPDES.
E.Compliance With Other Water Quality Regulations - Issuance of a variance pursuant to this rule does not relieve the holder of the variance from complying with requirements of this Regulation which have not been the subject of a variance.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.23** Appeals {#sec-250-ricr-150-05-1-1.23 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.23}
A.General - 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.
B.Appeal Procedures for Applications for Orders of Approval and Water Quality Certifications - The applicant may appeal to the Director for review of the decision on an application for approval by filing an appeal with DEM/Administrative Adjudication.
1.Filing of Appeal - All appeals shall be in writing and shall be filed with and received by DEM/Administrative Adjudication within thirty (30) days after the effective date of the denial of the subject application.
2.Contents of Appeal - Every appeal shall comply in all respects with Part 10-00-1 of this Title and at a minimum contain the following:
a.A detailed basis upon which the appeal is taken;
b.A plat plan of the area of the subject application; and
c.A list of the names and addresses of the applicant, the municipality in which the property is located and all abutters.
3.Notice of Administrative Hearing - Upon the filing of an appeal with DEM/ Administrative Adjudication, and once the hearing schedule allows, DEM/Administrative Adjudication shall notify the following, by first class mail, of the date, time and place of the adjudicatory hearing, in conformance with R.I. Gen. Laws § 42-35-9:
a.The applicant,
b.The municipality in which the property is located,
c.All abutters and all other persons who received notice pursuant to § 1.17(D)(1) of this Part.
C.Appeal Procedure for Notice of Violations, Suspensions or Revocations - Any person who has received a Notice of Violation (NOV) alleging violation of this Regulation, 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 DEM/Administrative Adjudication.
1.Filing of Appeal - All appeals shall be in writing and shall be filed with and received by DEM/Administrative Adjudication within twenty (20) days after the date of the receipt of the subject NOV, revocation or suspension.
2.Contents of Appeal - Every appeal shall contain a detailed basis upon which the appeal is taken.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.24** Sampling {#sec-250-ricr-150-05-1-1.24 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.24}
A.Water Quality Testing - Surface water samples shall be collected, preserved, and analyzed in accordance with 40 C.F.R. § 136, incoprorated above in § 1.3(A) of this Part, Guidelines establishing Test Procedures for the Analysis of Pollutants. Other methods recommended by the EPA may be used, if legally acceptable.
B.Bioassays - Bioassays shall be performed in accordance with protocols listed in 40 C.F.R. § 136, incorporated above in § 1.3(A) of this Part, or other methods if approved by the Director and legally acceptable.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.25** Water Quality Classifications {#sec-250-ricr-150-05-1-1.25 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.25}
A.General - This waterbody classification listing is consistent with the geographical/numerical waterbody listing in the State of the State's Waters Report, also known as the 305(b) Report. The waters included generally conform to those shown on United States Geological Survey 1:24,000 Topographic Maps and National Oceanic and Atmospheric Administration Nautical Charts (various scales). At a minimum, all major rivers and river segments greater than 1 mile in length, ponds 10 acres and larger (terminal drinking water reservoirs less than 10 acres are retained), and estuarine waters are included in this listing. To determine the classification for waterbodies which are not listed, follow the General Water Quality Classification Rules listed below and in § 1.9(E) of this Part.
B.Coldwater/Warmwater Fisheries – Freshwater rivers and streams, and lakes and ponds are designated as coldwater, warmwater or unassessed based upon the potential for the presence of brook trout by evaluating current and historical presence/absence information, habitat, water quality and physical characteristics data. Where coldwater fish exist in waters not yet designated as coldwater, the coldwater fish and habitat will be protected as an existing use.
C.The following is a list of symbols used in the water quality classification listing:
1.# - Located next to the Waterbody ID number, the # indicates a segment where the Water Effect Ratios (WERs) and Site Specific Criteria (See § 1.26 of this Part) apply.
2.@ - Located next to the Waterbody ID number identifies the terminal reservoir of the public drinking water supply.
3.* - Located next to the Waterbody ID number identifies a closed safety zone.
4.{a} - Located next to the classification, {a} indicates a partial use designation due to impacts from CSOs.
5.{b} - Located next to the classification, {b} indicates a partial use designation due to impacts from a concentration of vessels.
D.Blackstone River Basin, Waterbody ID number RI0001
1.Wallum Lake & Tributaries Subbasin, Waterbody ID number RI0001001
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0001001L-01@
Wallum Lake. Burrillville
AA
WARM
2.Branch River & Tributaries Subbasin, Waterbody ID number RI0001002
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0001002R-05A
Clear River and tributaries from Wallum Lake to approximately 3/4 miles downstream. Burrillville
A
COLD
RI0001002R-05B
Clear River and tributaries from approximately 3/4 mile downstream of Wallum Lake to a point 1/2 mile upstream of Wilson Reservoir Burrillville
B1
COLD
RI0001002L-15
Round Pond. Burrillville
B
RI0001002R-06
Dry Arm Brook. Burrillville
B
WARM
RI0001002R-16
Iron Mine Brook. Burrillville
B
RI0001002R-05C
Clear River and tributaries from 1/2 mile upstream of Wilson Reservoir to 1 mile upstream of confluence with the Chepachet River (upstream of the Burrillville WWTF discharge point). Glocester, Burrillville
B
WARM
RI0001002L-01
Wilson Reservoir. Burrillville
B
WARM
RI0001002R-17
Leland Brook and tributaries. Burrillville
B
RI0001002R-30
Tributaries to Burlingame Reservoir. Glocester
B
WARM
RI0001002L-10
Burlingame Reservoir. Glocester
B
WARM
RI0001002R-02
Brandy Brook and tributaries. Glocester, Burrilville
B
WARM
RI0001002L-03
Echo Lake (Pascoag Reservoir). Burrillville, Glocester
B
WARM
RI0001002R-09
Pascoag River. Burrillville
B
WARM
RI0001002R-18
Mowry Brook and tributaries. Burrillville
B
COLD
RI0001002R-11
Round Top Brook and tributaries. Burrillville
A
WARM
RI0001002L-12
Round Top State Pond. Burrillville
A
RI0001002R-04
Chocalog River and tributaries. Burrillville
A
COLD
RI0001002R-08
Nipmuc River and tributaries. Burrillville
A
COLD
RI0001002L-04
Spring Lake (Herring Pond). Burrillville
B
WARM
RI0001002R-15
Herring Brook. Burrillville
B
RI0001002R-25
Bettey Brook. Burrillville
B
COLD
RI0001002R-05D
Clear River from the Burrillville WWTF discharge point to the confluence with the Chepachet River. Glocester, Burrillville
B1
WARM
RI0001002L-14
Cherry Valley Pond. Glocester
B
RI0001002R-19
Peckham Brook and tributaries. Glocester
B
RI0001002R-12
Saunders Brook and tributaries. Glocester
B
WARM
RI0001002R-32
Tributaries to Keech Pond. Glocester
B
RI0001002L-11
Keech Pond. Glocester
B
WARM
RI0001002R-33
Tributaries to Smith & Sayles Reservoir. Glocester
B
COLD
RI0001002L-07
Smith & Sayles Reservoir. Glocester
B
WARM
RI0001002R-34
Tributaries to Shingle Mill Pond. Glocester
B
WARM
RI0001002L-16
Shingle Mill Pond. Glocester
B
WARM
RI0001002R-20
Stingo Brook and tributaries. Glocester
B
WARM
RI0001002R-35
Tributaries to Spring Grove Pond. Glocester
B
COLD
RI0001002L-06
Spring Grove Pond. Glocester
B
RI0001002L-05
Sucker Pond. Burrillville
B
RI0001002R-22
Sucker Brook and tributaries. Burrillville, Glocester
B
COLD
RI0001002R-03
Chepachet River and tributaires. Glocester, Burrillville
B
COLD
RI0001002R-01A
Branch River and tributaries from the confluence of the Clear River and Chepachet River at Oakland to the inlet of Slatersville Reservoir. Burrillville
B
WARM
RI0001002R-21
Tucker Brook and tributaries. Burrillville
B
COLD
RI0001002L-09
Slatersville Reservoir. Burrillville, North Smithfield
B
WARM
RI0001002R-07
Mowry Paine Brook and tributaries. Glocester
B
COLD
RI0001002R-13A
Headwaters of Tarkiln Brook and tributaries to Nichols Pond. Burrillville, Glocester, North Smithfield
B
COLD
RI0001002L-13
Nichols Pond. Burrillville
B
WARM
RI0001002R-13C
Tarkiln Brook from the outlet of Nichols Pond to Route 7 Crossing, excluding Tarkiln Pond. Burrillville, Glocester, North Smithfield.
B
WARM
RI0001002L-08
Tarkiln Pond. North Smithfield
B
WARM
RI0001002R-13B
Tarkiln Brook and tributaries from Route 7 crossing to Slatersville Reservoir. Burrillville, North Smithfield
B
WARM
RI0001002L-18
Lake Bel Air. North Smithfield
B
RI0001002R-24
Rankin Brook. North Smithfield
B
COLD
RI0001002R-14
Trout Brook. North Smithfield
B
WARM
RI0001002L-17
Trout Brook Pond. North Smithfield
B
WARM
RI0001002R-38
Unnamed tributaries through Black Hut Management Area to confluence with Branch River in Glendale. Burrillville
B
COLD
RI0001002R-01B
Branch River and tributaries from the outlet of the Slatersville Reservoir to the confluence with the Blackstone River. North Smithfield
B
WARM
RI0001002R-23
Dawley Brook. North Smithfield
B
RI0001002R-29
Tributaries to Wilson Reservoir. Burrillville
B
RI0001002R-31
Tributaries to Echo Lake (Pascoag Reservoir). Burrillville, Glocester
B
RI0001002R-36
Tributaries to Nichols Pond. Burrillville, North Smithfield
B
RI0001002R-37
Tributaries to Slatersville Reservoir. Burrillville
B
3.Blackstone River & Tributaries Subbasin, Waterbody ID number RI0001003
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0001003R-09
Unnamed tributaries to the Blackstone River #2. Woonsocket, North Smithfield
B
WARM
RI0001003R-16
Mussey Brook. Lincoln
B
WARM
RI0001003R-01A
Blackstone River from the MA-RI border to the CSO outfall located at River and Samoset Streets in Central Falls. Woonsocket, North Smithfield, Cumberland, Lincoln and Central Falls.
B1
WARM
RI0001003R-02
Cherry Brook and tributaries. North Smithfield, Woonsocket
B
WARM
RI0001003L-03
Todd's Pond. North Smithfield
A
RI0001003L-05
Social Pond. Woonsocket
B
RI0001003R-03
Mill River. Woonsocket
B
RI0001003R-04
Peters River. Woonsocket
B
WARM
RI0001003L-04
Handy Pond (Upper Rochambeau Pond). Lincoln
B
RI0001003R-06
West Sneech Brook and tributaries. Cumberland
B
COLD
RI0001003R-05
Scott Brook and tributaries. Cumberland
A
RI0001003R-07
Monastery Brook and tributaries. Cumberland
B
WARM
RI0001003R-01B
Blackstone River from the CSO outfall located at River and Samoset streets in Central Falls to the Slater Mill Dam. Central Falls, Pawtucket.
B1{a}
WARM
RI0001003L-01
Scott Pond. Lincoln
B
RI0001003L-02
Valley Falls Pond. Cumberland
B1
WARM
RI0001003R-08
Unnamed tributaries to Blackstone River #1. Woonsocket
B
RI0001003R-10
Unnamed tributaries to Blackstone River #3. Cumberland, Woonsocket
B
RI0001003R-12
Unnamed tributaries to Blackstone River #5. Lincoln
B
4.Woonsocket Reservoir #3 & all Tributaries Subbasin, Waterbody ID number RI0001004
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0001004L-01@
Woonsocket Reservoir #3. North Smithfield, Smithfield
AA
RI0001004L-02@
Woonsocket Reservoir #1. North Smithfield
AA
COLD
RI0001004L-03
Woonsocket Reservoir #2. North Smithfield
AA
COLD
RI0001004L-04
Laporte's Pond. Lincoln
A
RI0001004R-01
Crookfall Brook and tributaries. North Smithfield
AA
COLD
RI0001004R-02
Spring Brook and tributaries. North Smithfield
AA
WARM
5.Sneech Pond & Tributaries Subbasin, Waterbody ID number RI0001005
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0001005L-01@
Sneech Pond. Cumberland
AA
6.Abbott Run Brook & Tributaries Subbasin, Waterbody ID number RI0001006
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0001006L-08
Carl’s Pond. Cumberland
A
RI0001006R-05
Indian Brook. Cumberland
AA
RI0001006R-06
Burnt Swamp Brook and tributaries. Cumberland
AA
WARM
RI0001006L-01
Diamond Hill Reservoir. Cumberland
AA
WARM
RI0001006L-05
Miscoe Lake. Cumberland
AA
RI0001006R-07
Catamint Brook. Cumberland
AA
RI0001006R-09
Sylvyns Brook. Cumberland
AA
WARM
RI0001006R-04
Ash Swamp Brook and tributaries. Cumberland
AA
RI0001006R-03
East Sneech Brook. Cumberland
AA
WARM
RI0001006L-09
Little Pond. Cumberland
AA
RI0001006R-02
Long Brook and tributaries. Cumberland
AA
WARM
RI0001006L-02
Arnold Mills Reservoir (Pawtucket Reservoir). Cumberland
AA
RI0001006R-01A
Abbott Run Brook North and tributaries. Cumberland
AA
WARM
RI0001006L-06
Rawson Pond. Cumberland
AA
RI0001006L-07
Howard Pond. Cumberland
AA
RI0001006R-01B
Abbott Run Brook South and tributaries. Abbot Run Brook in MA, back in RI and to confluence with Blackstone Rv. Cumberland
AA
WARM
RI0001006R-08
Millers River. Cumberland
AA
COLD
RI0001006L-04
Robin Hollow Pond. Cumberland
AA
WARM
RI0001006L-03@
Happy Hollow Pond. Cumberland
AA
WARM
E.Woonasquatucket River Basin, Waterbody ID number RI0002
1.Woonasquatucket River & Tributaries Subbasin, Waterbody ID number RI0002007
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0002007L-11
Primrose Pond. North Smithfield
B
RI0002007R-10A
Woonasquatucket River headwaters including tributaries to Georgiaville Pond, excluding reservoirs and ponds. North Smithfield, Smithfield
B
WARM
RI0002007R-05
Latham Brook and tributaries. Smithfield
B
RI0002007L-08
Woonasquatucket Reservoir (Stump Pond/Stillwater Reservoir). Smithfield
B
WARM
RI0002007R-13
Unnamed tributaries to Woonasquatucket Reservoir. Johnston
B
RI0002007R-07
Shincott Brook and tributaries. Glocester, Smithfield
B
WARM
RI0002007R-11
Nine Foot Brook and tributaries. Smithfield, Glocester
B
WARM
RI0002007R-02
Cutler Brook and tributaries. Glocester
B
WARM
RI0002007R-14
Unnamed tributaries to Waterman Reservoir. Glocester, Smithfield
B
RI0002007L-04
Waterman Reservoir. Glocester, Smithfield
B
WARM
RI0002007R-09
Stillwater River and tributaries. Smithfield
B
WARM
RI0002007L-05
Upper Sprague Reservoir. Smithfield
B
WARM
RI0002007L-06
Lower Sprague Reservoir. Smithfield
B
WARM
RI0002007R-15
Unnamed tributaries to Slack Reservoir. Smithfield, Johnston
B
RI0002007L-03
Slack Reservoir. Smithfield, Johnston
B
WARM
RI0002007L-01
Hawkins Pond. Smithfield, Johnston
B
WARM
RI0002007R-06
Reaper Brook. Smithfield
B
WARM
RI0002007L-10
Mountaindale Reservoir. Smithfield
B
WARM
RI0002007R-12
Unnamed tributaries to Stillwater Pond. Smithfield
B
RI0002007L-07
Stillwater Pond. Smithfield
B
WARM
RI0002007R-16
Unnamed tributaries to Georgiaville Pond. Smithfield
B
RI0002007L-02
Georgiaville Pond. Smithfield
B
WARM
RI0002007L-09
Harris Pond. Smithfield
B
WARM
RI0002007R-03
Harris Brook and tributaries. Smithfield
B
WARM
RI0002007R-17
Airport Creek. Smithfield
B
WARM
RI0002007R-10B
Woonasquatucket River including tributaries from the Georgiaville Pond outlet to the Smithfield WWTF discharge point at Esmond Mill Drive. Smithfield
B
WARM
RI0002007R-04
Hawkins Brook and tributaries. Smithfield
B
RI0002007R-01
Assapumpset Brook and tributaries. Johnston
B
WARM
RI0002007R-10C
Woonasquatucket River and tributaries from the Smithfield WWTF discharge point at Esmond Mill Drive to the CSO outfall at Glenbridge Avenue in Providence. Smithfield, North Providence, Providence, Johnston
B1
WARM
RI0002007R-10D
Woonasquatucket River from the CSO outfall at Glenbridge Avenue to the confluence with the Moshassuck River. Providence
B1{a}
WARM
F.Moshassuck River Basin, Waterbody ID number RI0003
1.Moshassuck River & Tributaries Subbasin, Waterbody ID number RI0003008
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0003008R-01A
Moshassuck River headwaters including tributaries, to inlet of Barney Pond. Lincoln
B
COLD
RI0003008R-01B
Moshassuck River and tributaries from Barney Pond outlet to the first CSO discharge point at Weeden Street Bridge. Lincoln, Central Falls, Pawtucket
B
WARM
RI0003008L-02
Barney Pond. Lincoln
B
WARM
RI0003008L-01
Olney Pond. Lincoln
B
WARM
RI0003008R-02
Threadmill Brook. Lincoln
B
WARM
RI0003008R-01C
Moshassuck River and tributaries from the first CSO discharge point at Weeden Street Bridge to the confluence with the Woonasquatucket River. Central Falls, Pawtucket, Providence
B{a}
WARM
RI0003008R-03A
West River headwaters, including tributaries to the inlet of Wenscott Reservoir. Providence, North Providence
B
WARM
RI0003008L-05
Wenscott Reservoir (Twin Rivers). North Providence, Smithfield, Lincoln
B
WARM
RI0003008R-03B
West River and tributaries from the outlet of Wenscott Reservoir, including Geneva and Whipple ponds, to the first CSO discharge point located south of the Branch Avenue crossing, off of Vandewater street. North Providence, Providence.
B
WARM
RI0003008L-04
Canada Pond. North Providence, Providence
B
RI0003008R-03C
West River and tributaries from the first CSO discharge point located south of the Branch Avenue crossing, off of Vandewater. Street to the confluence with the Moshassuck River. Providence
B{a}
WARM
G.Ten Mile River Basin, Waterbody ID number RI0004
1.Ten Mile River & Tributaries Subbasin, Waterbody ID number RI0004009
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0004009L-01A
Turner Reservoir North of Newman Avenue Dam(Central Pond). East Providence
B1
WARM
RI0004009L-01B
Turner Reservoir South of Newman Avenue Dam. East Providence
B
WARM
RI0004009L-03
Omega Pond. East Providence
B
WARM
RI0004009R-01A
Ten Mile River and tributaries from the MA-RI border to the inlet to Turner Reservoir North, including Slater Park Pond. Pawtucket
B1
WARM
RI0004009R-01B
Ten Mile River and tributaries downstream of Turner Reservoir South to the Omega Pond inlet. East Providence
B
WARM
H.Thames River Basin, Waterbody ID number RI0005
1.Tributaries to the Five Mile River Subbasin, Waterbody ID number RI0005047
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0005047R-06
Leeson Brook. Burrillville
B
RI0005047R-05
Cold Spring Brook. Burrillville
B
RI0005047R-04
Croff Farm Brook. Burrillville
B
WARM
RI0005047L-05
Cedar Swamp Pond. Burrillville
B
RI0005047L-01
Wakefield Pond. Burrillville
B
WARM
RI0005047R-02
Keach Brook and tributaries. Burrillville
B
WARM
RI0005047L-02
Peck Pond. Burrillville
B
WARM
RI0005047R-10
Unnamed tributary to Lake Washington. Glocester
B
RI0005047L-04
Lake Washington. Glocester
B
WARM
RI0005047L-10
Wilbur Pond. Burrillville
B
RI0005047L-03
Bowdish Reservoir. Glocester
B
WARM
RI0005047L-08
Clarksville Pond. Glocester
B
WARM
RI0005047R-01
Brown Brook and tributaries. Glocester, Burrillville
B
RI0005047L-09
Hawkins Pond. Glocester
B
RI0005047R-14
Unnamed tributaries through White’s Pond to confluence with Mowry Meadow Brook. Glocester
B
COLD
RI0005047R-03
Mowry Meadow Brook and tributaries (Shady Oak Brook). Glocester
B
WARM
RI0005047R-08
Cady Brook. Glocester
B
COLD
RI0005047R-07
Unnamed tributary to Killingly Pond. Glocester, Foster
B
WARM
RI0005047L-07
Killingly Pond. Glocester
B
WARM
RI0005047R-09
Unnamed tributaries to Bowdish reservoir. Burrillville, Glocester
B
RI0005047R-11
Unnamed tributaries to Wilbur Pond. Burrillville
B
RI0005047R-12
Unnamed tributaries to Wakefield Pond. Burrillville
B
2.Moosup River & Tributaries Subbasin, Waterbody ID number RI0005011
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0005011R-07
Salisbury Brook and tributaries. Foster
A
RI0005011R-06
Quanduck Brook and tributaries. Foster
A
WARM
RI0005011L-06
Clark Pond. Foster
A
COLD
RI0005011R-03
Moosup River and tributaries. Foster, Coventry
A
COLD
RI0005011R-05
West Meadow Brook and tributaries. Foster
A
COLD
RI0005011L-07
Briggs Pond. Coventry
A
RI0005011L-02
Waterman Pond (Sisson Pond). Coventry
A
RI0005011R-02
Warwick Brook and tributaries. Coventry
A
COLD
RI0005011R-10
Unnamed tributary to Koszela Pond. Coventry
A
COLD
RI0005011L-08
Koszela Pond. Coventry
A
RI0005011R-09
Sawmill Brook and tributaries. Coventry
A
RI0005011R-01
Bucks Horn Brook and tributaries. Coventry
A
COLD
RI0005011L-01
Carbuncle Pond. Coventry
A
WARM
RI0005011L-05
Great Grass Pond. Coventry, West Greenwich
A
RI0005011L-04
Whitford Pond. Coventry
A
RI0005011L-09
Little Grass Pond. Coventry
A
RI0005011L-03
Arnold Pond. Coventry
A
RI0005011R-04
Roaring Brook and tributaries. Coventry
A
WARM
3.Beach Pond & Tributaries Subbasin, Waterbody ID number RI0005010
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0005010L-01
Beach Pond. Exeter
B
WARM
RI0005010R-01
Unnamed tributary to Beach Pond. Exeter
B
I.Pawtuxet River Basin, Waterbody ID number RI0006
1.Big River & Tributaries Subbasin, Waterbody ID number RI0006012
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0006012L-03
Milbrook Pond. Exeter
A
COLD
RI0006012R-04
Congdon River and tributaries. Exeter, West Greenwich
A
COLD
RI0006012R-05
Nooseneck River and tributaries. West Greenwich
A
COLD
RI0006012R-06
Raccoon Brook. West Greenwich
A
COLD
RI0006012R-02
Big River and tributaries. West Greenwich
A
RI0006012L-01
Carr Pond. West Greenwich
A
WARM
RI0006012L-02
Tarbox Pond. West Greenwich
A
WARM
RI0006012R-03
Carr River and tributaries. West Greenwich
A
WARM
RI0006012R-07
Mud Bottom Brook. West Greenwich
A
RI0006012L-04
Capwell Mill Pond. West Greenwich
A
WARM
RI0006012L-05
Reynolds Pond to the Harkney Hill Road highway bridge. West Greenwich, Coventry
A
WARM
RI0006012R-01
Bear Brook and tributaries. West Greenwich, Coventry
A
COLD
2.Flat River Reservoir & Tributaries Subbasin, Waterbody ID number RI0006013
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0006013R-10
Turkey Meadow Brook and tributaries. Scituate, Coventry
B
COLD
RI0006013R-04
Negro Sawmill Brook. Coventry
B
COLD
RI0006013R-06
Pine Swamp Brook. Foster, Coventry
B
COLD
RI0006013R-02
Flat River and tributaries. Coventry
B
COLD
RI0006013R-03
McCuster Brook and tributaries. Coventry
B
COLD
RI0006013R-09
Whaley Brook and tributaries. Foster, Coventry
B
COLD
RI0006013L-01
Flat River Reservoir (Johnson Pond). Coventry
B
WARM
RI0006013R-05
Pierce Brook and tributaries. Scituate, Coventry
B
COLD
RI0006013R-01
Boyd Brook. Scituate, Coventry
B
COLD
RI0006013L-13
Carr Pond. Coventry
B
RI0006013L-04
Quidneck Reservoir. Coventry
B
WARM
RI0006013R-08A
Quidneck Brook headwaters and tributaries to Quidneck Reservoir. Coventry
B
RI0006013R-08B
Quidneck Brook from the outlet of Quidneck Reservoir to Coventry Reservoir (Stump Pond). Coventry
B
COLD
RI0006013R-08C
Quidneck Brook from the outlet of Coventry Reservoir (Stump Pond) to Flat River Reservoir. Coventry
B
RI0006013L-03
Coventry Reservoir (Stump Pond). Coventry
B
RI0006013R-07
Poor Farm Brook and tributaries. Coventry
B
RI0006013L-14
Hall Pond. Coventry
B
RI0006013L-12
Maple Root Pond. Coventry
B
3.Pawtuxet River South Branch & Tributaries Subbasin, Waterbody ID number RI0006014
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0006014R-04A
Pawtuxet River South Branch from the Flat River Reservoir dam to the Quidnick Dye Mill dam. Coventry
B
WARM
RI0006014R-03
Old Hickory Brook. West Greenwich, Coventry
B
RI0006014L-01
Mishnock Lake. West Greenwich
B
WARM
RI0006014R-02
Mishnock River and tributaries. West Greenwich, Coventry
B
COLD
RI0006014L-07
Huron Pond. Coventry
B
RI0006014L-02
Tiogue Lake. Coventry
B
WARM
RI0006014L-08
Phelps Pond. West Greenwich
B
RI0006014L-04
Upper Dam Pond. Coventry
B
RI0006014L-06
Middle Dam Pond. Coventry
B
RI0006014R-04B#
Pawtuxet River South Branch from the Quidnick Dye Mill dam to its confluence with the North Branch of the Pawtuxet River. Coventry, West Warwick, Warwick
B
WARM
RI0006014R-01
Hawkinson Brook and tributaries. West Warwick
B
COLD
RI0006014L-05
Matteson Pond. West Warwick
B
RI0006014R-05
Tributaries to Tiogue Lake. Coventry
B
4.Scituate Reservoir Tributaries Subbasin, Waterbody ID number RI0006015
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0006015L-02
Ponagansett Reservoir. Glocester
AA
RI0006015R-20A
Ponagansett River headwaters and tributaries from the outlet of Ponagansett Reservoir to the confluence with Shippee Brook. Glocester, Foster
AA
WARM
RI0006015R-23
Shippee Brook and tributaries. Foster
AA
COLD
RI0006015R-34
Huntington Brook. Foster
AA
COLD
RI0006015R-20B
Ponagansett River and tributaries from the confluence with Shippee Brook to Scituate Reservoir, excluding Barden Reservoir.
Glocester, Foster
AA
COLD
RI0006015L-05
Shippee Saw Mill Pond. Foster
AA
WARM
RI0006015R-09
Hannah Brook. Glocester
AA
COLD
RI0006015R-01
Allen Richard Brook. Glocester
AA
RI0006015R-13
Killy Brook. Glocester, Foster
AA
RI0006015R-30
Windsor Brook and tributaries. Glocester, Foster
AA
COLD
RI0006015L-09
Brush Meadow Pond. Foster, Scituate
AA
RI0006015R-08
Dolly Cole Brook and tributaries. Glocester, Foster, Scituate
AA
WARM
RI0006015L-06
Barden Reservoir. Foster, Scituate
AA
RI0006015R-17
Paine Brook and tributaries. Foster
AA
COLD
RI0006015R-10
Hemlock Brook and tributaries. Foster
AA
COLD
RI0006015R-26
Swamp Brook. Scituate
AA
COLD
RI0006015R-27
Westconnaug Brook and tributaries. Foster
AA
RI0006015L-03
Westconnaug Reservoir. Foster, Scituate
AA
RI0006015R-28
Westconnaug Stream and tributaries. Foster, Scituate
AA
RI0006015R-02
Bear Tree Brook. Foster, Scituate
AA
COLD
RI0006015L-10
King Pond. Scituate
AA
RI0006015R-14
King Brook. Scituate
AA
RI0006015R-06
Cork Brook. Scituate
AA
COLD
RI0006015R-32
Potterville Brook and tributaries. Foster, Scituate
AA
WARM
RI0006015R-29
Wilbur Hollow Brook and tributaries. Scituate
AA
WARM
RI0006015L-07@
Scituate Reservoir. Scituate
AA
RI0006015R-25
Spruce Brook and tributaries. Scituate
AA
COLD
RI0006015R-31
Hunt Brook. Glocester
AA
COLD
RI0006015R-19A
Peeptoad Brook headwaters and tributaries to Coomer Lake. Glocester
AA
COLD
RI0006015L-08
Coomer's Lake. Glocester
AA
RI0006015R-19B
Peeptoad Brook and tributaries from the outlet of Coomer Lake to Regulating Reservoir. Glocester, Scituate.
AA
WARM
RI0006015R-18
Mosquitohawk Brook and tributaries. Glocester, Scituate
AA
COLD
RI0006015L-13
Lake Aldersgate. Glocester
AA
COLD
RI0006015R-11
Huntinghouse Brook. Glocester, Scituate
AA
COLD
RI0006015R-22
Rush Brook and tributaries. Scituate
AA
COLD
RI0006015R-24
Soak Hide Brook. Scituate
AA
COLD
RI0006015L-01
Regulating Reservoir. Scituate
AA
RI0006015R-03
Blanchard Brook. Scituate
AA
WARM
RI0006015L-14
Kimball Reservoir. Johnston
AA
RI0006015R-16
Moswansicut Stream. Scituate
AA
RI0006015L-04
Moswansicut Pond. Scituate, Johnston
AA
RI0006015R-05
Bullhead Brook. Scituate
AA
RI0006015R-04
Brandy Brook. Scituate
AA
RI0006015L-11
Pine Swamp Pond. Scituate
AA
RI0006015R-21
Quonopaug River and tributaries. Scituate
AA
RI0006015L-12
Betty Pond. Scituate
AA
RI0006015R-12
Kent Brook and tributary. Scituate
AA
RI0006015R-07
Coventry Brook. Scituate
AA
RI0006015R-33
Unnamed tributaries to Ponagansett Reservoir. Glocester
AA
RI0006015R-35
Unnamed tributaries to Westconnaug Reservoir. Foster
AA
RI0006015R-36
Unnamed tributaries to Scituate Reservoir. Scituate
AA
RI0006015R-37
Unnamed tributaries to Betty Pond. Cranston, Scituate
AA
5.Pawtuxet River North Branch & Tributaries Subbasin, Waterbody ID number RI0006016
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0006016R-06A
Pawtuxet River North Branch from Gainer Memorial Dam to 0.5 mile downstream. Scituate
A
COLD
RI0006016R-03
Colvin Brook. Scituate
B
COLD
RI0006016R-06B
Pawtuxet River North Branch from 0.5 mile downstream of the Gainer Memorial Dam to the Arkwright Dam. Scituate, Coventry, and Cranston
B
COLD
RI0006016R-08
Unnamed tributary #1 to North Branch Pawtuxet River. Scituate, Coventry
A
COLD
RI0006016R-07
Burlingame Brook. Coventry, Scituate
B
COLD
RI0006016R-04
Cranberry Brook. Scituate
B
COLD
RI0006016L-02
J.L. Curran Reservoir (Fiskeville Reservoir). Cranston
B
WARM
RI0006016R-02
Clarke Brook. Cranston
B
COLD
RI0006016R-06C
Pawtuxet River North Branch from the Arkwright Dam to the confluence of the North and South Branches of the Pawtuxet River at Riverpoint. Scituate, Coventry, Cranston
B
WARM
RI0006016L-01
Black Rock Reservoir. Coventry
B
WARM
RI0006016R-01
Black Rock Brook and tributaries. Coventry
B
WARM
RI0006016L-03
Fones Pond. Coventry
B
RI0006016R-05
Lippet Brook and tributaries. Cranston, West Warwick
B
WARM
RI0006016R-10
Unnamed tributary #3 to North Branch Pawtuxet River. Coventry
A
6.Pawtuxet River Main Stem & Tributaries Subbasin, Waterbody ID number RI0006017
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0006017R-03#
Pawtuxet River from the confluence of the North and South Branches at Riverpoint to the Pawtuxet Cove Dam at Pawtuxet. West Warwick, Warwick, Cranston
B1
WARM
RI0006017R-01
Furnace Hill Brook and tributaries. Johnston, Cranston
B
COLD
RI0006017L-01
Meshanticut Pond. Cranston
B
WARM
RI0006017R-02
Meshanticut Brook and tributaries. Cranston, Warwick
B
WARM
RI0006017L-02
Three Ponds. Warwick
B
RI0006017R-04
Three Pond Brook. Warwick
B
RI0006017L-10
Tongue Pond. Cranston
B
RI0006017L-07
Spectacle Pond. Cranston
B
RI0006017L-06
Mashapaug Pond. Providence
B
WARM
RI0006017L-05
Roger Williams Park Ponds. Providence
B
WARM
RI0006017L-08
Fenner Pond. Cranston
B
RI0006017L-09
Sand Pond (N. of Airport). Warwick
B
RI0006017R-05
Lakewood Brook. Warwick.
B
7.Pocasset River & Tributaries Subbasin, Waterbody ID number RI0006018
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0006018R-03A
Pocasset River and tributaries from the headwaters to the inlet of Printworks Pond. Johnston, Cranston
B
WARM
RI0006018L-01
Oak Swamp Reservoir. Johnston
B
WARM
RI0006018R-02A
Dry Brook and tributaries from the outlet of Oak Swamp Reservoir to a point 0.3 miles below Almy Reservoir at the discharge point of Medical Homes of R.I., excluding Almy Reservoir. Johnston
B
WARM
RI0006018L-02
Almy Reservoir. Johnston
B
WARM
RI0006018R-02B
Dry Brook and tributaries from a point 0.3 miles below Almy Reservoir to its confluence with the Pocasset River. Johnston
B
RI0006018R-01
Cedar Swamp Brook and tributaries. Johnston
B
WARM
RI0006018L-03
Simmons Reservoir. Johnston
B
WARM
RI0006018R-04
Simmons Brook and tributaries. Johnston
B
WARM
RI0006018L-08
Stone Pond. Cranston
B
RI0006018L-04
Randall Pond. Cranston
B
WARM
RI0006018L-07
Dyer Pond. Cranston
B
RI0006018L-05
Print Works Pond. Cranston
B
WARM
RI0006018R-03B
Pocasset River and tributaries from the outlet of Printworks Pond to the confluence with the Pawtuxet River. Cranston
B
WARM
RI0006018L-06
Blackamore Pond. Cranston
B
WARM
RI0006018R-05
Unnamed tributaries to Summons Reservoir. Johnston, Cranston
B
J.Narragansett Basin, Waterbody ID number RI0007
1.Seekonk River Subbasin, Waterbody ID number RI0007019
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007019E-01
Seekonk River from the Slater Mill Dam at Main Street in Pawtucket to India Point in Providence. Pawtucket, Providence, and East Providence
SB1{a}
2.Providence River Subbasin, Waterbody ID number RI0007020
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007020E-01B
Providence River from its confluence with the Moshassuck and Woonasquatucket Rivers in Providence south and south of a line from India Point to Bold Point (across the mouth of the Seekonk River), to a line extending from a point on shore due east of Naushon Avenue in Warwick to the western terminus of beach Road in East Providence, including Watchemoket Cove. East Providence, Providence, Cranston and Warwick.
SB1{a}
RI0007020E-01A
Providence River south of a line from a point on shore due east of Naushon Avenue in Warwick to the western terminus of Beach Road in East Providence and north of a line from Conimicut Point in Warwick to Old Tower at Nayatt Point in Barrington. East Providence, Warwick, Barrington
SB{a}
RI0007020R-08
Tributary to Occupessatuxet Cove. Warwick
B
WARM
RI0007020R-05
Mosskettuash Brook and tributaries. East Providence
B
WARM
RI0007020R-02
Annawomscott Brook. East Providence, Barrington
B
WARM
RI0007020L-04
Posnegansett Pond. Warwick
A
RI0007020L-06
Prince's Pond (Tiffany Pond). Barrington
SA
RI0007020L-02
Brickyard Pond. Barrington
B
WARM
RI0007020R-01
Mussuchuck Creek. Barrington
B
RI0007020R-03
Tributaries to Echo Lake. Barrington
B
WARM
RI0007020L-07
Echo Lake. Barrington
B
WARM
RI0007020R-07
Tributaries to Passeonkquis Cove. Warwick
B
3.Upper Narragansett Bay Subbasin, Waterbody ID number RI0007024
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007024E-01
Upper Narragansett Bay from Conimicut Point-Nayatt Point boundary south, including waters south of a line from Adams Point, Barrington to Jacobs Point, Warren, to a line from Warwick Point in Warwick through Providence Point on Prudence Island, to Popasquash Point in Bristol. Warwick, Barrington, Bristol, Portsmouth, Warren
SA
RI0007024R-06
Rumstick Run. Barrington
A
RI0007024L-01
Sandy Pond (Little Pond, south of airport). Warwick
B
WARM
RI0007024R-10
Unnamed tributary to Spring Green Pond. Warwick
B
WARM
RI0007024L-03
Spring Green Pond. Warwick
B
WARM
RI0007024R-05
Tributaries to Warwick Pond. Warwick
B
WARM
RI0007024L-02
Warwick Pond. Warwick
B
WARM
RI0007024R-01
Buckeye Brook and tributaries. Warwick
B
WARM
RI0007024R-02
Parsonage (Knowles) Brook. Warwick
B
WARM
RI0007024R-04
Warner Brook. Warwick
B
WARM
RI0007024R-03
Lockwood Brook and tributaries. Warwick
B
WARM
RI0007024E-02
Old Mill Creek. Warwick
SA
RI0007024R-08
Tributaries to Mill Gut, Colt State Park. Bristol
A
4.Barrington & Runnins Rivers Subbasin, Waterbody ID number RI0007021
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007021R-01
Runnins River and tributaries from the MA-RI border to the Mobil Dam in East Providence. Providence, East Providence
B
WARM
RI0007021R-02
Tributaries to Barrington River. Barrington
A
WARM
RI0007021E-01A
Barrington River from the Mobil Dam in East Providence to the East Bay Bike Path trestle in Barrington approximately 2500 feet north of the confluence with the Palmer River. East Providence, Barrington
SA
RI0007021E-01B
Barrington River from the East Bay Bike Path trestle, south approximately 2500 feet to the confluence with the Palmer River. Barrington
SB1
5.Palmer River Subbasin, Waterbody ID number RI0007022
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007022E-01A
Palmer River from the MA-RI border to the East Bay Bike Path trestle in Warren, approximately 2500 feet north of the confluence with the Barrington River. Warren, Barrington
SA
RI0007022E-01B
Palmer River from the East Bay Bike Path trestle in Warren, south approximately 2500 feet to the confluence with the Barrington River. Warren, Barrington
SB1
RI0007022R-02
Unnamed tributary #2 to Palmer River. Warren
A
6.Warren River Subbasin, Waterbody ID number RI0007023
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007023E-01A
Warren River from the confluence with the Barrington and Palmer Rivers, approximately 2500 feet south of the East Bay Bike Path trestles, south to a line between the concrete jetty at the north end of the Warren Town Beach through Nun Buoy 18 and its extension to the Barrington Shore. Barrington, Warren.
SB1
RI0007023E-01B
Warren River waters south of a line from the concrete jetty at the north end of the Warren Town Beach through Nun Buoy 18 and its extension to the Barrington shore and north of a line from Adams Point in Barrington to Jacobs Point in Warren. Warren, Barrington.
SB
RI0007023R-01
Tributaries to Warren River. Warren, Bristol
B
7.Greenwich Bay Subbasin, Waterbody ID number RI0007025
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007025R-02
Cedar Brook and tributaries. West Warwick
B
RI0007025R-01
Hardig Brook and tributaries. West Warwick, Warwick
B
WARM
RI0007025R-14
Mill Brook. Warwick
B
RI0007025R-13
Gorton Pond tributary. Warwick
B
RI0007025L-01
Gorton Pond. Warwick
B
WARM
RI0007025R-11
Greenwood Creek. Warwick
B
RI0007025E-01
Apponaug Cove waters north and west of a line from the RIDEM range marker located at the end of Neptune Lane in Chepiwanoxet to the RIDEM range marker located at Cedar Tree Point. Warwick
SB
RI0007025E-07
Mary’s Creek. Warwick
SB
RI0007025E-04A
Greenwich Bay waters north and west of a line from the eastern extremity of Sandy Point on Potowomut Neck, East Greenwich, to the flag pole located at the Warwick Country Club on Warwick Neck; east of a line from the northerly point of Long Point to the southerly point of Chepiwanoxet Point, and east of a line from the RIDEM range marker located on the NECO Pole #6 at the end of Neptune St. in Chepiwanoxet to the RIDEM range marker located at the extension of Capron Farm Drive in Nausauket. Warwick, East Greenwich
SA
RI0007025E-04B
Greenwich Bay waters north and west of a line from the RIDEM range marker located on the NECO Pole#6 at the end of Neptune Street in Chepiwanoxet to the RIDEM range marker located at the extension of Capron Farm Drive in Nausauket, and east of a line from the RIDEM range marker located at the end of Neptune St. in Chepiwanoxet to the RIDEM range marker located at Cedar Tree Point. Warwick
SA
RI0007025R-06
Baker Creek. Warwick
A
RI0007025R-05
Tuscatucket Brook. Warwick
A
WARM
RI0007025R-09
Southern Creek (Carpenter Brook). Warwick
A
WARM
RI0007025E-02
Brushneck Cove. Warwick
SA
RI0007025E-03
Buttonwoods Cove. Warwick
SA
RI0007025R-07
Fosters Brook. Warwick
B
RI0007025R-08
Oakside Street Brook. Warwick
B
RI0007025E-06A
Warwick Cove north of a line from the easternmost extension of Burr Avenue on Horse Neck to the westernmost extension of Meadow Avenue on the east shore. Warwick
SB
RI0007025E-06B
Warwick Cove south of a line from the easternmost extension of Burr Avenue on Horse Neck to the southernmost point of the Harbor Light Marina parking lot on the east shore and north of a line from the southeastern most riprap jetty at the entrance of Warwick Cove, located at the southeastern end of Oakland Beach to the southern (landward) end of Dorr's Dock on Warwick Neck, excluding the waters noted below in RI0007025E-06C. Warwick
SA
RI0007025E-06C
Warwick Cove in the vicinity of Captain’s Shellfish. Warwick
SB
RI0007025R-16
Saddle Brook. West Warwick, Warwick, East Greenwich
B
COLD
RI0007025R-03
Maskerchugg River. Warwick, East Greenwich
B
WARM
RI0007025R-17
Nichols River. East Greenwich
B
WARM
RI0007025R-04
Dark Entry Brook. Warwick, East Greenwich
B
WARM
RI0007025E-05A
Greenwich Cove south of Long Point. East Greenwich, Warwick
SB1
RI0007025E-05B
Greenwich Cove north of Long Point and west of a line extending from the northerly point of Long Point to the southerly point of Chepiwanoxet Peninsula. East Greenwich, Warwick
SB
RI0007025R-12
Unnamed Brook to Gorton Pond. Warwick
B
8.Potowomut River Subbasin, Waterbody ID number RI0007028
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007028R-06
Scrabbletown Brook. East Greenwich, North Kingstown
A
COLD
RI0007028R-03A
Hunt River headwaters to Frenchtown Road. East Greenwich, North Kingstown
A
COLD
RI0007028R-01
Frenchtown Brook and tributaries. West Greenwich, East Greenwich
A
COLD
RI0007028R-04
Mawney Brook and tributaries. East Greenwich
A
COLD
RI0007028R-03B
Hunt River and tributaries from Frenchtown Road to Austin Road. East Greenwich, North Kingstown
B
COLD
RI0007028R-02
Fry Brook and tributaries. West Warwick, East Greenwich
B
COLD
RI0007028R-07
Pierce Brook. East Greenwich
B
RI0007028L-01
Potowomut Pond. North Kingstown
B
COLD
RI0007028R-03D
Hunt River, excluding Potowomut Pond, from Austin Road to the tidal waters of the Potowomut River approximately 1000 feet south of the Forge Road Bridge. East Greenwich, North Kingstown
B
COLD
RI0007028R-05
Sandhill Brook and tributaries. North Kingstown
B
WARM
RI0007028E-01A
The water of the Potowomut River west of a line from the RIDEM range marker (41 39.364’N and 71 24.947’W) on the northern shoreline to the southwestern landward end of the stone jetty and CRMC Dock #1971 on the opposite southern shoreline at 51 Pojac Point Road North Kingstown. East Greenwich, North Kingstown
SA
RI0007028E-01B
The waters of the Potowomut River east of a line from the RIDEM range marker (41 39.364’N and 71 24.947’W) on the northern shoreline to the southwestern landward end of the stone jetty and CRMC Dock #1971 on the opposite southern shoreline at 51 Pojac Point Road North Kingstown. East Greenwich, North Kingstown
SA
9.West Passage Narragansett Bay Subbasin, Waterbody ID number RI0007027
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007027E-03A
West Passage waters south of a line extending from the shore in the vicinity of High Bank Ave, North Kingstown, running due east through buoy N”6” and terminating at the shoreline of Prudence Island; west of a line from the southernmost point on Prudence Island to the northernmost point on Jamestown, and north of a line from Cormorant Point at the mouth of Pettaquamscutt River, Narragansett to Beavertail, Jamestown, excluding all the West Passage, Allen's Harbor and Wickford Harbor waters. Warwick, East Greenwich, Portsmouth, North Kingstown, Jamestown, Narragansett.
SA
RI0007027R-10
Tibbets Creek and tributaries. North Kingstown
A
RI0007027E-01A
Allen's Harbor waters north of a line extending from the westernmost indentation of the cove which is immediately north of the easternmost curve of Westcott Road to the northernmost point of land on the south side of the mouth of Allen's Harbor. North Kingstown
SA{b}
RI0007027E-01B
Allen's Harbor waters south and east of a line extending from the westernmost indentation of the cove which is immediately north of the easternmost curve of Westcott Road to the northernmost point of land on the south side of the mouth of Allen's Harbor. North Kingstown
SB
RI0007027E-05
Little Allen's Harbor. North Kingstown
SB
RI0007027E-03B
West Passage waters in the vicinity of Piers No. 1 and No. 2 at the Davisville Depot as defined by the following geographical coordinates: RIDEM Range Marker located along the north side of Pier No. 2 Lat 41.6154N/ Long -71.4034W; 41.6165N/ Long -71.4026W; Lat 41.6153N/Long -71.3995W; Nun Buoy 16; Lat 41.6082N/Long -71.4020W and the point south of the end of the bulkhead located south of Pier No. 1 at 41.6115N/Long -71.4098W.North Kingstown.
SB
RI0007027E-03C
West Passage waters in the vicinity of Quonset Point within 1500 feet of shore from the western end of the carrier pier to a point 1000 feet north of Quonset Point. North Kingstown
SB1
RI0007027E-03D
West Passage waters in the vicinity of Quonset Point exclusive of those waters described in RI0007027E-03A, RI0007027E-03C, RI0007027E-03E, and RI0007027E-03F, north and east of the intersection of a line extending from Fourth Street, Sauga Point, North Kingstown, southeast to the northeastern most point on Fox Island and a line drawn from the Wickford Lighthouse to Buoy R 6, west of a line from Buoy R 6 to Nun Buoy 10, south of a line from Nun Buoy 10 through F G Buoy 11 extended to the shore. North Kingstown.
SB
RI0007027E-03E*
West Passage waters in the vicinity of Quonset Point that are south of a line from the northeastern end of the bulkhead at Quonset State Airport to Nun Buoy 10; and north of a line from Nun Buoy 10 through F G Buoy 11 extended to the shore. North Kingstown
SA
RI0007027E-03F*
West Passage waters in the vicinity of Quonset Point that lie within the following intersection of lines: south of a line from the Wickford Lighthouse to Buoy R 6; west of a line from Fox Island to Nun Buoy 8; east and north of a line from the Southerly extension of Second Street in the Sauga Point area in North Kingstown, to the western extremity of Sand Point on Jamestown. North Kingstown
SA
RI0007027E-03G*
West Passage waters in the vicinity of Sauga Point, North Kingstown defined by the intersection of a line from the southerly extension of Second Street in the Sauga Point area to the western extremity of Sand Point on Jamestown, with a line extending from Fourth Street in the Sauga Point area, southeast to the northeastern most point on Fox Island. North Kingstown
SA
RI0007027L-05
Davol Pond. North Kingstown
A
RI0007027L-06
Frys Pond. North Kingstown
A
RI0007027R-11
Hall Creek. North Kingstown
B
RI0007027R-05
Pine River from headwaters to confluence with Mill Creek. North Kingstown
B
WARM
RI0007027R-06
Mill Creek and tributaries from headwaters to Camp Avenue culvert. North Kingstown
B
WARM
RI0007027R-03
Cocumcussoc Brook and tributaries. North Kingstown
B
COLD
RI0007027E-04B
Wickford Harbor including Mill Cove and the estuarine portion of Mill Creek, west of a line extending from the northern extremity of Big Rock Point to the southern extremity of Cornelius Island, and west and south of a line extending from the northern extremity of Cornelius Island, to a point 1000 feet north of Calf Neck. North Kingstown
SB
RI0007027E-04A
Wickford Harbor outer waters and Fishing Cove east of a line extending from the northern extremity of Big Rock Point to the southern extremity of Cornelius Island, and east and north of a line extending from the northern extremity of Cornelius Island to a point 1000 feet north of Calf Neck, and west of Sauga point breakwater and a line from the light at the southern end of Sauga Point breakwater to the northern end of the Poplar Point breakwater. North Kingstown
SA{b}
RI0007027R-02
Belleville Upper Pond Inlet. North Kingstown
B
COLD
RI0007027L-02
Belleville Ponds. North Kingstown
B
WARM
RI0007027L-04
Kettle Hole Pond. North Kingstown
B
RI0007027R-04
Kettle Hole Pond to Secret Lake and tributaries. North Kingstown
B
RI0007027L-03
Secret Lake. North Kingstown
B
WARM
RI0007027R-07
Oak Hill Brook. North Kingstown
B
RI0007027R-01
Annaquatucket River and tributaries. North Kingstown
B
WARM
RI0007027L-01
Annaquatucket Mill Pond. North Kingstown
B
RI0007027E-02A
Bissel Cove waters west of a line from the RIDEM Range marker on the north shore of Bissel Cove in the vicinity of “The Homestead", to the range marker on the southern shore of Bissel Cove. North Kingstown
SA
RI0007027E-02B
Bissel Cove waters east of a line from the RIDEM Range marker on the north shore of Bissel Cove in the vicinity of ‘The Homestead", to the range marker on the southern shore of Bissel Cove. North Kingstown
SA
RI0007027R-09
Wannuchecomecut Brook and tributaries. North Kingstown
A
WARM
RI0007027E-03H
West Passage waters within a 700 foot radius of the extension Of South Ferry Road at the URI Bay Campus, including the EPA dock located north of South Ferry Road and the GSO dock located south of South Ferry Road. Narragansett
SB
RI0007027R-08
Great Creek freshwater portion from headwaters to estuarine portion in Round Swamp. Jamestown
A
RI0007027E-03I
West Passage waters off Jamestown in the vicinity of West Ferry/Dutch Island Harbor, from a point on the shore of the western coast of Jamestown which is due east of the Dutch Island pier, to the Fort Getty Pier on Beaverhead Point, to a point at the southern terminus of Maple Avenue. Jamestown
SA{b}
RI0007027E-07
Wesquage Pond. Narragansett
SA
RI0007027E-03J
West Passage waters south of a line from the eastern extremity of Sandy Point on Potowomut Neck, East Greenwich, to the flagpole located at the Warwick Country club on Warwick Neck; south of a line from the southernmost extremity of Warwick Point on Warwick Neck, to the northernmost point on Prudence Island (Providence Point); north of a line extending from the shore in the vicinity of High Bank Ave, North Kingstown, running due east through buoy N”6” and terminating at the shoreline of Prudence Island. Warwick, East Greenwich, North Kingstown, Portsmouth.
SA
RI0007027E-03K
Fox Hill Pond in its entirety. Jamestown
SA
RI0007027E-03L
Sheffield Cove waters in Jamestown south of a line from the range marker located at the western extension of Maple Avenue to the range marker located at the northernmost point of land on the opposite western shore at the entrance to the cove. Jamestown.
SA
RI0007027E-06
Jenny Pond, Prudence Island. Portsmouth
SA
RI0007027R-18
Unnamed Tributary #2 to Allen's Harbor. North Kingstown
B
RI0007027R-22
Unnamed Tributaries to Wesquage Pond. Narragansett
A
10.Bristol Harbor Subbasin, Waterbody ID number RI0007026
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007026E-01B
Bristol Harbor waters west of a line from range marker located on Pole #20 Poppasquash Rd. at the northernmost indentation of Bristol Harbor to the RIDEM range marker located at the northernmost extremity of Hog Island and north of a line from the CRMC Permitted Dock #419 located at 163 Poppasquash Rd to the most north-western corner of the Rockwell Pier municipal parking lot in Bristol Harbor. Bristol
SA{b}
RI0007026E-01A
Bristol Harbor waters north of a line extending from Popasquash Point to the northernmost extremity of Hog Island and west of a line from the northernmost extremity of Hog Island to the northernmost indentation of the harbor and south of a line from the CRMC Permitted Dock #419 located at 163 Poppasquash Rd to the most north-western corner of the Rockwell Pier municipal parking lot in Bristol Harbor. Bristol
SA
RI0007026E-01C
Bristol Harbor waters east of a line extending from the northernmost indentation of Bristol Harbor to the northeast extremity of Hog Island and west of a line extending from McKee's Wharf on Bristol Neck to the Coast Guard dock and north of a line extending from the northeast extremity of Hog Island to Mckee's Wharf on Bristol Neck. Bristol
SB
RI0007026E-01D
Bristol Harbor waters east of a line extending from McKee's Wharf north to the Coast Guard dock. Bristol
SB1
RI0007026R-01
Silver Creek. Bristol
B
WARM
RI0007026R-02
Walker Creek and tributary. Bristol
B
RI0007026E-02
Mill Pond. Bristol
SB
11.East Passage Narragansett Bay Subbasin, Waterbody ID number RI0007029
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007029E-01A
East Passage waters south of a line extending from the southernmost tip of Gull Point, Prudence Island, to the southernmost tip of Popasquash Point, Bristol, to the northern tip of Hog Island, to McKee’s Wharf on Bristol Neck; west of a line across the mouth of Mt Hope Bay; south of a line from the southern point on Prudence Island to the northernmost point on Jamestown; north of a line from the southernmost point of Beavertail on Jamestown to the southernmost tip of Brenton Point, Newport; exclusive of the East Passage waters, Coasters Harbor and Coddington Cove waters (RI0007029E-01D, RI0007029E-01N, RI0007029E-01C, RI0007029E-01B, RI0007029E-01E, RI0007029E-01F, RI0007029E-01G, RI0007029E-01H, RI0007029E-01I, RI0007029E-01J, RI0007029E-01K, RI0007029E-01L, RI0007029E-01M, RI0007029E-01O, RI0007030E-01A, RI0007030E-01B, RI0007030E-01C, and RI0007030E-01D). Portsmouth, Middletown, Newport, Jamestown.
SA
RI0007029R-05
Mill Creek. Prudence Island, Portsmouth.
A
COLD
RI0007029E-03
Potter Cove. Prudence Island, Portsmouth
SA{b}
RI0007029E-04
Nag Pond. Prudence Island, Portsmouth
SA
RI0007029R-02
Barker Brook. Portsmouth
A
WARM
RI0007029R-03
Bloody Brook. Portsmouth
A
WARM
RI0007029L-01
Melville Ponds. Portsmouth
A
RI0007029R-04
Melville Ponds tributary. Portsmouth
A
WARM
RI0007029R-08
Unnamed tributary #1 to East Passage. Portsmouth
A
WARM
RI0007029E-01D
East Passage waters east of a line drawn from Coggeshall Point southwesterly to the southeastern most point of Dyer Island and the area east of a line drawn from Carr Point northwesterly to the southeastern most point of Dyer Island. Portsmouth
SB
RI0007029R-01
Mother of Hope Brook from the headwaters south of Greene Lane, Middletown, to East Passage, Narragansett Bay., Portsmouth
B
WARM
RI0007029E-01N*
East Passage waters south of a line from the RIDEM range marker located just south of Carr Point to Buoy "GR C" located at Fiske Rock, and north and east of a line from the RIDEM range marker located approximately 2,300 feet north of the former Blue Gold Pier, to Nun Buoy "22". Portsmouth, Middletown
SA
RI0007029R-09
Unnamed tributary #2 to East Passage. Middletown
A
WARM
RI0007029R-10
Unnamed tributary #3 to East Passage. Middletown
A
WARM
RI0007029E-01C
East Passage waters in the vicinity of McAlister Point. Middletown
SA
RI0007029E-01B*
East Passage waters east of a line from range marker painted on the shoreline approximately 500 feet west of the monument flagpole located in Fort Adams State Park to the Rose Island light, east of a line from the Rose Island light to Navy buoy W or "D" located at the southeast side of Gould Island, east of a line from Navy buoy W or "D" off Gould Island to buoy GR C at Fiske Rock, south of a line from buoy GR C at Fiske Rock to the eastern (landward) end of the former dock site located approximately 800 feet north of Greene Lane, Middletown, and west of the Newport Harbor/Coddington Cove SB and SB1 waters described in waterbody ID's RI0007030E-01A, RI0007030E-01B, RI0007030E-01C, and RI0007030E-01D. Newport, Middletown
SA
RI0007029E-01E
East Passage waters within 500 feet of the firing pier at the U.S. Navy torpedo testing station at the northern end of Gould Island. Jamestown
SB
RI0007029E-01F
East Passage waters in the vicinity of Taylor Point which are within a 300 foot radius of the Jamestown WWTF outfall. Jamestown
SB1
RI0007029E-01G
East Passage waters in the vicinity of Taylor Point, exclusive of those waters described directly above, south of a line extending from the northernmost extremity of Taylor Point to Can Buoy 13, north of a line from a point of land on the Jamestown shore approximately 1000 feet south of the Newport Bridge extending eastward to the northernmost extremity of Rose Island and within 1000 feet of the shoreline of Jamestown. Jamestown
SB
RI0007029E-01H
East Passage waters in the vicinity of East Ferry, Jamestown, and west of a line from Bryer Point to Lincoln Street. Jamestown
SB
RI0007029E-01I
East Passage waters in the vicinity of Wharton's Shipyard which are south and west of a line from a point of land approximately 3000 feet north of Bull Point to the northernmost of "The Dumplings", and west of a line from the northernmost of "The Dumplings" to a point of land approximately 1000 feet north of Bull Point. Jamestown
SB
RI0007029E-01J
East Passage waters bound on the north by a line extending 1000 feet seaward from shore at the base of the Newport Bridge; bound to the east by a line extending 1000 feet seaward of the shoreline and bound to the south by a line extending from Bull Point to buoy G"11", excluding the Class SB waters described in RI0007029E-01H and RI0007029E-01I. Jamestown
SA{b}
RI0007029E-01K
East Passage waters in the vicinity of the Fort Wetherill Boat Basin that are west of the extension of a line from the southeast corner of the pier at Forth Wetherill, through the northeast corner of the pier at Fort Wetherill to the opposite northern shore. Jamestown
SB
RI0007029E-01L
Castle Hill Cove. Newport
SB
RI0007029E-01M*
East Passage waters in the vicinity of Taylor Point and East Ferry, Jamestown, south of a line from the northern most tip of Taylor Point to buoy R14 located off Coasters Harbor in Newport; west of a line from buoy N2 located at the south end of Gould Island through buoy C13, to the House on the rocks located in "The Dumplings"; east of a line from the northernmost tip of Taylor Point to Bull Point which is 1000 feet seaward of the shoreline exclusive of the SB and SA{b} waters described in waterbody ID's: RI0007029E-01K, RI0007029E-01J, RI0007029E-01I, RI0007029E-01H, RI0007029E-01G, and RI0007029E-01F. Jamestown
SA
RI0007029E-02
Mackerel Cove. Jamestown
SA
RI0007029E-01O
East Passage waters south of a line from the northern tip of Prudence Island to the southernmost tip of Popasquash Point, Bristol; north of a line extending from the southernmost tip of Popasquash Point to the southernmost tip of Gull Point, Prudence Island. Portsmouth, Bristol
SA
12.Newport Harbor/Coddington Cove Subbasin, Waterbody ID number RI0007030
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007030E-01A
Coddington Cove waters north of a line from buoy (FLR) bell 14 to Bishop Rock and southeast of a line from buoy (FLR) bell 14 through Nun buoy 16 at Coddington point and its extension to the end of the Coddington Cove breakwater. Newport, Middletown
SB
RI0007030E-01B
Newport Harbor waters in the vicinity of Bishop Rock which are within 500 feet of the Newport marine sewer outfall. Newport
SB1
RI0007030E-01C
Newport Harbor waters east of a line from Fort Adams light to Rose Island light, to buoy (FLR) bell 14 and south of a line from buoy (FLR) bell 14 to Bishop Rock, excluding Coaster's Harbor (RI0007030E-01D) and the inner Newport Harbor waters (RI0007030E-01E). Newport
SB
RI0007030E-01D
Coaster's Harbor waters east of a line from Bishop Rock to the northernmost point of Coaster's Harbor Island and north of the Training Station Road bridge. Newport
SB
RI0007030R-01
Unnamed tributary to Newport Harbor. Newport
B
WARM
RI0007030E-01E
Newport Harbor waters east and south of a line from the southernmost point of Coaster’s Harbor Island to the northern most point of Goat’s Island, then from the southwestern most point of Goat’s Island to the northern most of Fort Adams. Newport
SB
13.Jamestown Water Supply Subbasin, Waterbody ID number RI0007036
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007036L-01@
North Carr Pond. Jamestown
AA
RI0007036L-02@
South Watson Pond. Jamestown
AA
RI0007036R-01
Jamestown Brook. Jamestown
AA
WARM
14.Aquidneck Water Supply Tributaries Subbasin, Waterbody ID number RI0007035
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007035L-05@
Saint Mary's Pond. Portsmouth
AA
WARM
RI0007035L-10
Sisson Pond. Portsmouth
AA
WARM
RI0007035R-06
Sisson Pond Brook. Portsmouth
AA
WARM
RI0007035R-07
Unnamed tributary to Lawton Valley Reservoir. Portsmouth
AA
WARM
RI0007035L-06@
Lawton Valley Reservoir. Portsmouth
AA
WARM
RI0007035R-04
Lawton Brook. Portsmouth
A
WARM
RI0007035R-01
Bailey's Brook and tributaries. Middletown
AA
WARM
RI0007035L-03@
North Easton Pond (Green End Pond). Middletown, Newport
AA
WARM
RI0007035R-05
Tributaries to South Easton Pond. Middletown
AA
WARM
RI0007035L-04@
South Easton Pond. Middletown, Newport
AA
WARM
RI0007035R-02A
Maidford River from the headwaters to the water supply diversion near Paradise Ct. Middletown
AA
WARM
RI0007035L-02@
Nelson Paradise Pond. Middletown
AA
WARM
RI0007035R-03
Paradise Brook. Middletown
AA
WARM
RI0007035L-01@
Gardiner Pond. Middletown
AA
WARM
RI0007035R-02B
Maidford River from the water supply diversion near Paradise Ct. to Hanging Rock Rd., Middletown.
AA
WARM
RI0007035L-07@
Watson Reservoir. Little Compton
AA
WARM
RI0007035L-08@
Nonquit Pond. Tiverton
AA
WARM
RI0007035E-01
Maidford River from Hanging Rock Rd to Third Beach. Middletown
SA
15.Warren Reservoir Subbasin, Waterbody ID number RI0007034
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007034R-01
Upper Kickemuit River from the Kickemuit (Warren) Reservoir north to the RI-MA border. Warren
AA
RI0007034L-01@
Kickemuit Reservoir (Warren Reservoir). Warren
AA
16.Kickemuit River Subbasin, Waterbody ID number RI0007033
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007033E-01A
Kickemuit River from the Child Street bridge (Route 103) in Warren, south to the river mouth at "Bristol Narrows" excluding the waters in RI0007033E-01B and RI0007033E-01C. Bristol, Warren
SA
RI0007033E-01B
Kickemuit River south of a line from the eastern extension of Kickemuit Avenue in Bristol to the DEM range marker located on the western tip of Little Neck in Touisset, and north of a line from the DEM range markers located on the east shore and west shore at the entrance to the Kickemuit River including the "Bristol Narrows" in its entirety. Bristol, Warren
SA{b}
RI0007033E-01C
Kickemuit River west of a line from the DEM range marker located on the western tip of Little Neck in Touisset to the brick stack located at 426 Metacom Avenue in Warren (formally known as the Carol Cable Building), north of a line from the eastern extension of Sherman Avenue in Bristol to the western extension of Chase Avenue Touisset, and south of a line from the eastern extension of Harris Avenue in Warren to the "5 MPH No Wake" buoy. Bristol, Warren
SA{b}
RI0007033R-01
Tributaries to Kickemuit River. Warren
A
17.Mt. Hope Bay Subbasin, Waterbody ID number RI0007032
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007032E-01D
Mt. Hope Bay waters south and west of the MA-RI border and north of a line from Borden's Wharf, Tiverton to buoy R "4" and east of a line from buoy R "4" to Brayton Point in Somerset, MA. Bristol, Portsmouth and Tiverton.
SB1
RI0007032E-01C
Mt. Hope Bay waters south of a line from Borden's Wharf, Tiverton, to buoy R "4" and west of a line from buoy R "4" to Brayton Point, Somerset, MA., and east of a line from the end of Gardiner's Neck Road in Swansea to buoy N "2", through buoy C “3” to Common Fence Point, Portsmouth, and north of a line from Portsmouth to Tiverton at the railroad bridge at "The Hummocks" on the northeast point of Portsmouth. Portsmouth
SB
RI0007032E-01A*
Mt. Hope Bay south and west of the MA/RI border, and east of a line from Touisset Point to the channel marker buoy R "4" and south and east of a line from buoy R "4" to the southernmost landward end of Bristol Point and south of a line from Bristol Point to the Hog Island shoal light, to the southwestern extremity of Arnold Point in Portsmouth where a RIDEM range marker has been established; and west of a line from the end of Gardiner's Neck Road, Swansea to buoy N"2", through buoy C”3” to Common Fence Point, Portsmouth excluding the waters defined in RI0007032E-01E. Warren, Portsmouth
SA
RI0007032R-06
Unnamed tributary #5 to Mt. Hope Bay. Portsmouth
A
WARM
RI0007032R-07
Unnamed tributary #6 to Mt. Hope Bay. Portsmouth
A
WARM
RI0007032R-08
Unnamed tributary #7 to Mt. Hope Bay. Portsmouth
A
WARM
RI0007032E-01B
Mt. Hope Bay waters north and west of a line from the southernmost landward end of Bristol Point to buoy R "4" and west of a line from buoy R "4" to the DEM range marker on Touisset Point, and south of the Bristol Narrows. Bristol, Warren
SA
RI0007032E-01E
Waters approximately 85 feet off the Weyerhauser Dock as defined by the following geographical coordinates:-71.265042 west longitude 41.625144 north latitude;-71.265032 west longitude 41.627148 north latitude;-71.264225 west longitude 41.627147 north latitude;-71.264177 west longitude 41.625455 north latitude. Portsmouth
SB
RI0007032R-01
Founders Brook. Portsmouth
A
WARM
18.Stafford Pond Subbasin, Waterbody ID number RI0007037
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0007037L-01@
Stafford Pond. Tiverton
AA
WARM
RI0007037R-01
Sucker Brook. Tiverton
A
WARM
RI0007037R-03
Unnamed tributary #1 to South Watuppa Pond, MA. Tiverton
A
K.Pawcatuck River Basin, Waterbody ID number RI0008
1.Pawcatuck River & Tributaries Subbasin, Waterbody ID number RI0008039
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0008039L-21
The Reservoir. Exeter
A
WARM
RI0008039R-06D
Chipuxet River headwaters to the entrance of The Reservoir. Exeter
A
COLD
RI0008039R-06A
Chipuxet River from the outlet of The Reservoir to the entrance of Yawgoo Mill Pond. North Kingstown, Exeter
A
WARM
RI0008039L-16
Yawgoo Mill Pond. Exeter
A
RI0008039R-06B
Chipuxet River and tributaries from outlet of Yawgoo Mill Pond to the entrance of Hundred Acre Pond. Exeter, South Kingstown
B
COLD
RI0008039L-13
Hundred Acre Pond. South Kingstown
B
WARM
RI0008039R-06C
Chipuxet River from outlet of Hundred Acre Pond to the entrance into Worden Pond, excluding Thirty Acre Pond. South Kingstown
B
WARM
RI0008039L-12
Thirty Acre Pond. South Kingstown
B
WARM
RI0008039L-07
Worden Pond. South Kingstown
B
WARM
RI0008039R-27A
White Horn Brook headwaters to Route 138. South Kingstown
A
WARM
RI0008039R-08
Genessee Brook and tributaries. South Kingstown
B
WARM
RI0008039R-27B
White Horn Brook and tributaries from Route 138 to the wetlands associated with and due east of, Worden Pond. South Kingstown
B
WARM
RI0008039L-11
Larkin Pond. South Kingstown
B
WARM
RI0008039R-15
Mink Brook. South Kingstown
B
RI0008039L-08
Tucker Pond. South Kingstown
B
WARM
RI0008039R-01
Alewife Brook. South Kingstown
B
RI0008039R-18A
Pawcatuck River from Warden Pond to the dam at Kenyon. South Kingstown, Charlestown
B
WARM
RI0008039R-05A
Chickasheen Brook headwaters to Yawgoo Pond. Exeter
A
WARM
RI0008039L-15
Yawgoo Pond. Exeter, South Kingstown
A
WARM
RI0008039R-39
Mud Brook. Exeter, South Kingstown
B
RI0008039L-14
Barber Pond. South Kingstown
B
WARM
RI0008039R-05B
Chickasheen Brook and tributaries from the Yawgoo Pond outlet to the confluence with the Usquepaug river. South Kingstown, Richmond
B
COLD
RI0008039R-21A
Queens River from headwaters south to its entrance into Bear Swamp in Exeter. West Greenwich, Exeter
A
COLD
RI0008039R-21B
Queens River from its entrance into Bear Swamp to its confluence with Queens Fort Brook. Exeter
A
COLD
RI0008039R-29
Pendock River. West Greenwich, Exeter
A
RI0008039R-07
Fisherville Brook and tributaries. West Greenwich, Exeter
A
COLD
RI0008039R-30
Dutemple Brook. Exeter
A
COLD
RI0008039R-22
Sodom Brook. Exeter
A
COLD
RI0008039L-25
Dawley Pond. Exeter
A
RI0008039R-31A
Queens Fort Brook headwaters to 3/4 mile south of Victory Highway (Route 102). Exeter
A
COLD
RI0008039R-33
Reuben Brown Brook. Exeter
A
COLD
RI0008039R-31B
Queens Fort Brook from 3/4 mile south of Victory Highway (Route 102) to the confluence with the Queens River. Exeter.
B
COLD
RI0008039R-21C
Queens River and tributaries from its confluence with Queens Fort Brook to Glen Rock Reservoir. Exeter
A
COLD
RI0008039R-10
Locke Brook and tributaries. Exeter
B
COLD
RI0008039R-32
Rake Factory Brook. Exeter, South Kingstown
B
COLD
RI0008039R-34
Sherman Brook. Exeter, South Kingstown
B
COLD
RI0008039R-09
Glen Rock Brook and tributaries. Richmond, South Kingstown
B
COLD
RI0008039L-19
Glen Rock Reservoir. South Kingstown
B
COLD
RI0008039R-25
Usquepaug River from Glen Rock Reservoir to the confluence with the Pawcatuck River. Richmond, Charlestown, South Kingstown
B
COLD
RI0008039R-18B
Pawcatuck River and tributaries from the dam at Kenyon to the beginning of the Carolina Mill Pond in Carolina. Richmond, Charlestown
B1
WARM
RI0008039L-20
James Pond. Exeter
A
RI0008039R-03
Beaver River and tributaries. Exeter, Richmond
A
COLD
RI0008039L-06
Pasquiset Pond. Charlestown
A
WARM
RI0008039R-17
Pasquiset Brook. Charlestown
A
COLD
RI0008039L-22
Maple Lake. Charlestown
A
RI0008039R-18C
Pawcatuck River and tributaries from the entrance to the Carolina Mill Pond to the Bradford Dyeing Associates WWTF discharge point. Richmond, Charlestown, Hopkinton, Westerly
B
WARM
RI0008039L-23
Grass Pond. Richmond
A
RI0008039R-23
Taney Brook. Richmond
B
COLD
RI0008039R-26
White Brook. Richmond
B
COLD
RI0008039R-13
Meadow Brook and tributaries from the headwaters to the confluence with the Pawcatuck River. Richmond
A
COLD
RI0008039L-05
Meadowbrook Pond (Sandy Pond). Richmond
A
COLD
RI0008039L-24
Saw Mill Pond. Charlestown
B
RI0008039R-04
Cedar Swamp Brook and tributaries. Charlestown
B
WARM
RI0008039R-19
Perry Healy Brook and tributaries. Westerly, Charlestown
B
COLD
RI0008039L-02
Watchaug Pond. Charlestown
B
WARM
RI0008039R-20
Poquiant Brook and tributaries. Charlestown
B
WARM
RI0008039R-24
Tomaquag Brook and tributaries. Hopkinton
A
COLD
RI0008039R-18D
Pawcatuck River from the Bradford Dyeing Associates WWTF discharge point to the Route 3 bridge crossing. Hopkinton, Westerly
B
WARM
RI0008039R-12
McGowan Brook. Westerly
B
RI0008039L-01
Chapman Pond. Westerly
B
WARM
RI0008039R-35
Aguntaug Brook. Westerly
B
WARM
RI0008039R-14
Mile Brook. Hopkinton
B
RI0008039R-38
Wine Brook. Hopkinton
A
COLD
RI0008039R-37
Parmenter Brook and tributaries. Hopkinton
A
COLD
RI0008039R-02A
Ashaway River headwaters including tributaries, south to the Ashaway Road highway bridge. Hopkinton
A
COLD
RI0008039R-02B
Ashaway River and tributaries from the Ashaway Road highway bridge to its confluence with the Pawcatuck River. Hopkinton
B
COLD
RI0008039R-18E
Pawcatuck River and tributaries from the Route 3 bridge crossing to the Route 1 highway bridge at the junction of Main Street and Broad Street in Westerly. Westerly
B
COLD
RI0008039R-11
Mastuxet Brook and tributaries. Westerly
B
COLD
RI0008039R-41
Spring Brook and Tributaries. Westerly
B
2.Wood River & Tributaries Subbasin, Waterbody ID number RI0008040
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0008040R-20
White Brook. West Greenwich
A
RI0008040R-02
Breakheart Brook and tributaries. West Greenwich, Exeter
A
COLD
RI0008040R-21
Unnamed tributary to Breakheart Pond. Exeter
A
COLD
RI0008040L-15
Breakheart Pond. West Greenwich, Exeter
A
WARM
RI0008040R-01
Acid Factory Brook and tributaries. West Greenwich
A
COLD
RI0008040L-16
Eisenhower Lake. West Greenwich
A
WARM
RI0008040R-19
Factory Brook. West Greenwich
A
COLD
RI0008040R-14
Phillips Brook and tributaries. West Greenwich
A
COLD
RI0008040R-08
Flat River. West Greenwich, Exeter
A
COLD
RI0008040L-19
Tillinghast Pond. West Greenwich
A
WARM
RI0008040R-05
Coney Brook and tributaries. West Greenwich
A
COLD
RI0008040L-18
Wickaboxet Pond. West Greenwich
A
RI0008040R-10
Kelley Brook. West Greenwich
A
COLD
RI0008040L-21
Hazard Pond. West Greenwich
A
RI0008040R-07
Falls River and tributaries. West Greenwich, Exeter
A
COLD
RI0008040R-16A
Wood River and tributaries from the headwaters starting at confluence of Flat and Falls Rivers, to the confluence with Roaring Brook. Exeter, Hopkinton, Richmond.
A
COLD
RI0008040L-17
Tippencansett Pond. West Greenwich
A
WARM
RI0008040R-13
Parris Brook and tributaries. West Greenwich, Exeter
A
COLD
RI0008040L-12
Deep Pond. Exeter
A
RI0008040R-17
Woody Hill Brook and tributaries. Exeter
A
WARM
RI0008040L-14
Boone Lake. Exeter
B
WARM
RI0008040R-15
Roaring Brook. West Greenwich, Exeter, Richmond
B
COLD
RI0008040L-13
Browning Mill Pond (Arcadia Pond). Exeter, Richmond
B
WARM
RI0008040L-22
Frying Pan Pond. Richmond, Hopkinton
B
RI0008040R-16B
Wood River from confluence with Roaring Brook to the inlet of Wyoming Pond. Richmond, Hopkinton
B
COLD
RI0008040R-18
Baker Brook. Richmond
B
COLD
RI0008040R-22
Moonshine Creek. Richmond
B
RI0008040L-23
Canob Pond. Richmond
B
RI0008040R-23
Canob Brook. Richmond
B
RI0008040L-11
Wyoming Pond. Hopkinton
B
WARM
RI0008040R-16C
Wood River and tributaries from the outlet of Wyoming Pond to the inlet of Alton Pond. Richmond, Hopkinton
B
COLD
RI0008040L-07@
Yawgoog pond. Hopkinton
AA
WARM
RI0008040L-06
Wincheck Pond. Hopkinton
B
WARM
RI0008040L-08
Grassy Pond. Hopkinton
A
RI0008040R-09
Grassy Brook and tributaries. Hopkinton
A
RI0008040R-12
Moscow Brook and tributaries. Hopkinton
B
WARM
RI0008040R-11
Log House Brook. Hopkinton
B
RI0008040L-09
Moscow Pond. Hopkinton
B
WARM
RI0008040R-03A
Brushy Brook headwaters including tributaries to Sawmill Road. Exeter, Hopkinton
A
COLD
RI0008040R-03B
Brushy Brook from Sawmill Road to the entrance of Locustville Pond. Hopkinton
B
RI0008040L-10
Locustville Pond. Hopkinton
B
WARM
RI0008040R-03C
Brushy Brook from the outlet of Locustville Pond to the confluence with the Wood River. Hopkinton
B
COLD
RI0008040R-06
Diamond Brook and tributaries. Richmond
B
COLD
RI0008040L-02
Carolina Trout Pond. Richmond
A
COLD
RI0008040L-05
Ell Pond. Hopkinton
B
RI0008040L-20
Long Pond. Hopkinton
B
RI0008040R-24
Glade Brook. Hopkinton
A
RI0008040R-04A
Canonchet Brook headwaters including tributaries, excluding all ponds, to Route 3 in Hopkinton. Hopkinton
B
COLD
RI0008040L-04
Ashville Pond. Hopkinton
B
WARM
RI0008040R-04B
Canonchet Brook from Route 3 in Hopkinton to the confluence with the Wood River. Hopkinton
B
COLD
RI0008040R-25
Unnamed tributary to the Wood River below Alton Pond. Hopkinton
B
COLD
RI0008040R-16D
Wood River and tributaries from the Alton Pond dam to the confluence with the Pawcatuck River. Richmond, Hopkinton, Charlestown
B
WARM
RI0008040L-01
Alton Pond. Hopkinton
B
WARM
3.Tidal Pawcatuck River/Little Narragansett Bay Subbasin, Waterbody ID number RI0008038
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0008038E-01A
Tidal Pawcatuck River from Route 1 highway bridge to Pawcatuck Rock. Westerly
SB1
RI0008038E-01B
Tidal Pawcatuck River from Pawcatuck Rock to a line from Rhodes Point, RI to Pawcatuck Point, CT. Westerly
SB
RI0008038E-02A
Waters of Little Narragansett Bay within the State of Rhode Island which are north and east of Sandy Point to the state line; and northeast of a line from the RIDEM pole (41° 19’ 17” North, Longitude -71°52’47” West) near the southeastern extremity of Sandy Point to a RIDEM pole (Latitude 41°18’37” North, Longitude -71°52’39” West) on the northern shoreline of Napatree Point; and north of a line from the northernmost extension of land that forms Napatree Point to the westernmost point of land on the south side of the mouth of Fosters Cove; and west of a line extending from Pawcatuck Point in Connecticut to Rhodes Point in Rhode Island., Westerly
SA
RI0008038E-02B
Little Narragansett Bay including Watch Hill Cove and the waters of “The Kitchen”, southeast of a line from the northernmost extension of land that forms Napatree Point to the westernmost point of land on the south side of the mouth of Fosters Cove. Westerly
SA{b}
L.Westport River Basin, Waterbody ID number RI0009
1.Adamsville Brook & Tributaries Subbasin, Waterbody ID number RI0009041
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0009041R-01
Adamsville Brook and tributaries. Tiverton, Little Compton
B
COLD
M.Coastal Waters, Waterbody ID number RI0010
1.Southwest Coastal Ponds Subbasin, Waterbody ID number RI001043
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0010043E-03
Maschaug Pond. Westerly
SA
RI0010043L-18
Little Maschaug Pond. Westerly
A
RI0010043E-09
Winnapaug Pond. Westerly
SA
RI0010043E-07
Quonochontaug Pond. Charlestown, Westerly
SA
RI0010043R-05
Quonochontaug Brook. Westerly
A
COLD
RI0010043E-04A
Ninigret Pond waters excluding the easternmost waters described in RI0010043E-04B. Charlestown
SA
RI0010043E-04B
Ninigret Pond waters east of a line from the southern landward end of the CRMC Permitted Dock ID# 1647 located at 2 Pequot Drive to the southwest tip of Heather Island, and then from the southwest tip of Heather Islandto the DEM Range marker located at the end of Florence Avenue. Charlestown
SA
RI0010043L-16
Garden Pond. Charlestown
A
RI0010043L-17
West Pond. Charlestown
A
RI0010043L-09
Schoolhouse Pond. Charlestown
A
WARM
RI0010043L-08
Deep Pond. Charlestown
A
WARM
RI0010043L-11
King Tom Pond. Charlestown
A
RI0010043L-04
Cross Mills Pond. Charlestown
A
RI0010043R-01
Cross Mills Stream and tributaries. Charlestown
A
WARM
RI0010043L-15
Perry Pond. Charlestown
A
RI0010043E-02
Green Hill Pond. South Kingstown and Charlestown
SA
RI0010043L-14
Bull Head Pond. South Kingstown
A
RI0010043L-03
Factory Pond. South Kingstown
A
RI0010043R-02
Factory Pond Stream and tributaries. South Kingstown
A
COLD
RI0010043R-04
Teal Pond Stream. South Kingstown
A
COLD
RI0010043E-08
Trustom Pond. South Kingstown
SA
RI0010043L-13
Mill Pond. South Kingstown
A
RI0010043R-03
Mill Pond to Card Pond. South Kingstown
A
COLD
RI0010043E-01
Cards Pond. South Kingstown
SA
RI0010043E-05
Potter Pond. South Kingstown
SA
RI0010043L-12
Fresh Pond. South Kingstown
A
RI0010043L-05
White Pond. South Kingstown
A
RI0010043L-07
Long Pond. South Kingstown
A
RI0010043L-01
Hothouse Pond. South Kingstown
A
RI0010043L-02
Cedar Swamp Pond. South Kingstown
A
RI0010043L-06
Wash Pond. South Kingstown
A
RI0010043E-06A
Point Judith Pond waters exclusive of those described in RI0010043E-06B, RI00140043E-06C, RI0010043E-06D, RI0010043E-06E, RI0010043E-06F, RI0010043E-06G, RI0010043E-06H, RI0010043E-06I, RI0010043E-06J, RI0010043E-06K, RI0010043E-06L, and RI0010043E-06M. Narragansett, South Kingstown
SA
RI0010043E-06B
Upper Point Judith Pond from the mouth of the Saugatucket River at Warner Avenue, downstream to Can Buoy 33. Narragansett, South Kingstown
SB
RI0010043E-06C
Upper Point Judith Pond, south of Can Buoy 33 and north and east of a line from Buttonwood Point to the southern extremity of Cummock Island, to the flagpole at the northwest extremity of Betty Hull Point, excluding the marina area described in RI0010043E-06D. Narragansett, South Kingstown
SA
RI0010043E-06D
Point Judith Pond waters in the vicinity of Billington Cove Marina as shown on the plan entitled "Billington Cove Marina: Marina Perimeter Plan", dated August 1994 by Coastal Engineering Group, Inc., east of a line from the western edge of the rip-rap retaining wall, 221 feet seaward, and west of a line from the flagpole, 280 feet seaward, and north of the line that connects these two lines. South Kingstown
SA{b}
RI0010043E-06E
Point Judith Pond waters in the vicinity of Galilee within 500 feet of the shore from the northern end at the breachway to the western side of the Great Island Road Bridge. Narragansett
SB
RI0010043E-06F
Point Judith Pond waters in the vicinity of Jerusalem within 500 feet of the shore from the breachway to a point approximately 1000 feet north of the State Pier. South Kingston
SB
RI0010043E-06G
Point Judith Pond waters in the vicinity of Snug harbor within 500 feet of shore from Gooseberry Road to High Point. South Kingstown
SB
RI0010043E-06H
Point Judith Pond waters in the channel to Potter Pond east of a line across the western end of the Potter Pond entrance channel located approximately 500 feet west of Succotash Road and west of a line from a point of land on the northern shore of the channel approximately 700 feet east of Succotash Road to a point of land on the southern shore of the channel, exclusive of the waters noted in RI0010043E-06I, RI0010043E-06J, and RI0010043E-06K. South Kingstown
SA
RI0010043E-06I
Point Judith Pond waters in the channel to Potter Pond in the vicinity of the Captain Jacks and Kenport marinas as shown on the plans entitled "Captain Jacks Marina: Marina Site Plan for Jack Piemonte", approved by CRMC on November 15, 1994; and "Marina Perimeter limit for Kenport Marina" approved by CRMC on April 28, 1994. South Kingstown
SB
RI0010043E-06J
Point Judith Pond waters in the channel to Potter Pond east of a line from a point of land on the northern shore of the channel approximately 700 feet east of Succotash Road to a point of land on the southern shore of the channel; and west of a line across the mouth of the channel from Gooseberry Road due south to Succotash Road including the waters of Succotash Salt Marsh. South Kingstown
SA
RI0010043E-06K
Point Judith Pond waters in the vicinity of Champlin's Cove, north of a line from the westernmost extension of Delray Drive to the easternmost extension of Flint Stone Road, located on Harbor Island. Narragansett
SA
RI0010043E-06L
All waters of Pt. Judith Pond and Wheatfield Cove north of a line from the light pole located on Turner Point (so called “Senior Hill”) on Camp Fuller Road on the western shore of Pt Judith Pond in South Kingstown to the extension of the CRMC R.O.W. C-12 near the intersection of Isle Point Rd and Cedar Island Rd on Harbour Island in Narragansett and south of line from the Rhode Island Department of Environmental Management range marker located in Smelt Brook Cove to the Rhode Island Departmental Environment Management range marker located at the northwest tip of Pine Tree Point.
SA
RI0010043E-06M
All waters of Pt. Judith Pond east of Ram Island located south and east of a line from the extension of Flintstone Road on Harbour Island in Narragansett that follows the old, submerged road to Ram Island and south of a line from the northern most corner of the rip-rap bulkhead at the Briggs Farm Improvement Assoc. parking lot to the northeast landward end of CRMC dock # 1690 on the opposite shore and north of a line from the most southeast point of Ram Island to the end of Indian Rock Farm Road at the northern tip of Locke Point in Narragansett including Walcott Cove.
SA
RI0010043R-06
Browns Brook. South Kingstown
A
COLD
RI0010043R-07
Smelt Brook and tributaries. South Kingstown
A
COLD
2.Saugatucket River & Tributaries Subbasin, Waterbody ID number RI0010045
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0010045R-05A
Saugatucket River headwaters to the Rose Hill Landfill property. South Kingstown
B
COLD
RI0010045L-04
Indian Lake. South Kingstown
B
WARM
RI0010045R-01
Fresh Meadow Brook & tributaries. South Kingstown
B
COLD
RI0010045R-03A
Mitchell Brook headwaters to the Rose Hill Landfill property. South Kingstown
B
COLD
RI0010045R-03B
Mitchell Brook from the Rose Hill Landfill to the confluence with the Saugatucket River. South Kingstown
B
COLD
RI0010045R-05B
Saugatucket River and tributaries from the Rose Hill Landfill property to Saugatucket Pond in Wakefield. South Kingstown
B
WARM
RI0010045L-01
Saugatucket Pond. South Kingstown
B
WARM
RI0010045R-02
Indian Run Brook and tributaries. South Kingstown
B
WARM
RI0010045L-02
Asa Pond. South Kingstown
B
WARM
RI0010045L-03
Peace Dale Reservoir. South Kingstown
B
WARM
RI0010045R-04
Rocky Brook and tributaries. South Kingstown
B
WARM
RI0010045R-05C
Saugatucket River from below Saugatucket Pond to the Main Street Dam in Wakefield. South Kingstown
SB
RI0010045L-05
Silver Lake. South Kingstown
B
RI0010045E-01
Saugatucket River from the main Street Dam in Wakefield to the Route 1 overpass. South Kingstown
SB
RI0010045R-07
Tributary to Saugatucket Pond. South Kingstown
B
3.Coastal Shoreline Subbasin, Waterbody ID number RI0010042
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0010042C-01
Coastal Waters off the southwestern shoreline from Watch Hill, Westerly to Point Judith, Narragansett extending seaward to 10 meters in depth.
SA
RI0010042C-02
Coastal Waters from Brenton Point, Newport; along the Newport/ Middletown shoreline to Sachuest Point inclusive of Beavertail, Jamestown
SA
RI0010042C-03
Coastal Waters from Sakonnet Point, Little Compton and along the southeastern shoreline to the RI/MA border extending seaward to 10 meters in depth.
SA
RI0010042E-01A
Coastal Waters in the vicinity of Tucker's Dock which are within a 500 foot radius of the South Kingstown/Narragansett Regional Wastewater Treatment Facility outfall. Narragansett
SB1
RI0010042E-01B
Coastal Waters in the vicinity of Tucker's Dock, exclusive of those waters described above, within 2500 feet of any point on the shoreline between Continental Road and Hazard Avenue. Narragansett
SB
RI0010042E-01C*
Coastal Waters in the vicinity of Tucker's Dock, exclusive of those described above, within 4000 feet of the marine WWTF discharge. Narragansett
SA
RI0010042E-02A
Coastal Waters in the vicinity of Scarborough within 500 feet of the Narragansett-Scarborough WWTF outfall located approximately 2000 feet from a point of land at the northern boundary of Fort Nathaniel Greene. Narragansett
SB1
RI0010042E-02B
Coastal Waters in the vicinity of Scarborough that are more than 500 feet but less than 1500 feet away from the WWTF outfall located approximately 2000 feet from a point of land at the northern boundary of Fort Nathaniel Greene. Narragansett
SB
RI0010042E-02C*
Coastal Waters in the vicinity of Scarborough, exclusive of those waters described above, which are within 5600 feet of the WWTF outfall. Narragansett
SA
RI0010042E-03
Lake Canochet/Little Neck Pond. Narragansett
SA
RI0010042M-01
Waters off the southwestern shoreline greater than 10 meters in depth to three miles offshore from Watch Hill, Westerly to Point Judith, Narragansett
SA
RI0010042M-02
Waters extending up the coast from Point Judith, Narragansett to a point just north of Pettaquamscutt (Narrow) River near Cormorant Point to Sakonnet Point, Little Compton excluding the waters described in RI0010042E-01A, RI0010042E-01B, RI0010042E-01C, RI0010042E-02A, RI0010042E-02B, RI0010042E-02C, and RI0010042C-02.
SA
RI0010042M-03
Waters off the southeastern shoreline greater than 10 meters in depth to three miles offshore from Sakonnet Point, Little Compton and along the southeastern shoreline to the RI/MA border
SA
RI0010042R-01
Deadman Brook and tributaries. Narragansett
A
4.Tributaries to Pettaquamscutt River Subbasin, Waterbody ID number RI0010044
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0010044L-02
Silver Spring Lake. North Kingstown
B
WARM
RI0010044R-02
Mattatuxet River and tributaries. North Kingstown
B
WARM
RI0010044R-04
Unnamed tributary to Carr Pond. North Kingstown
B
WARM
RI0010044L-03
Carr Pond. North Kingstown
B
WARM
RI0010044R-01
Gilbert Stuart Stream. North Kingstown
A
RI0010044E-01A
Pettaquamscutt (Narrow) River exclusive of the waters noted in RI0010044E-01B, from the headwaters at the end of Gilbert Stuart Stream to the mouth of the river including Pettaquamscutt Cove. North Kingstown, South Kingstown, Narragansett
SA
RI0010044E-01B
Pettaquamscutt (Narrow) River waters in the vicinity of the marina at Middle Bridge. Narragansett
SA{b}
RI0010044R-03
Crooked Brook. Narragansett
A
WARM
RI0010044R-11
Sprague Brook. Narragansett
A
WARM
RI0010044L-04
Sprague Pond. Narragansett
A
WARM
RI0010044R-10
Mumford Brook. South Kingstown, Narragansett
A
RI0010044R-05
Unnamed Tributary #1 to Pettaquamscutt River. North Kingstown
A
5.Coastal Aquidneck Subbasin, Waterbody ID number RI0010047
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0010047L-02
Lily Pond. Newport
A
WARM
RI0010047R-03
Tributaries to Almy Pond. Newport
A
WARM
RI0010047L-01
Almy Pond. Newport
A
WARM
RI0010047R-01
Unnamed tributary #1. Newport
A
WARM
RI0010047R-02
Unnamed tributary #2. Newport
A
WARM
6.Sakonnet River Subbasin, Waterbody ID number RI0010031
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0010031E-01C
Sakonnet River from the railroad bridge at the Hummock Point south to the Stone Bridge on Almy Neck in Portsmouth and its extension from the Tiverton shore. Portsmouth, Tiverton
SB
RI0010031R-19
Tributaries to The Cove, Island Park. Portsmouth
A
WARM
RI0010031E-03A
The Cove, Island Park north of a line from the southern end of Hummock Point to the RIDEM range marker located at the eastern extremity of a point of land on the western shore of The Cove. Portsmouth
SA
RI0010031E-03B
The Cove, Island Park south of a line from the southern end of Hummock Point to the RIDEM Range marker located at the eastern extremity of a point of land on the western shore of The Cove. Portsmouth
SA
RI0010031E-01B
Sakonnet River waters from the Stone Bridge in Portsmouth/Tiverton south to a line at the mouth of the river extending from Sachuest Point in Middletown to Sakonnet Point in Little Compton, excluding the Portsmouth Park area described in RI0010031E-01A, and the Sakonnet Point marina area described in RI0010031E-01D. Portsmouth, Middletown, Tiverton, Little Compton
SA
RI0010031R-07
Unnamed tributary #1 to Sakonnet River. Portsmouth
A
WARM
RI0010031R-08
Unnamed tributary #2 to Sakonnet River. Portsmouth
A
WARM
RI0010031R-09
Unnamed tributary #3 to Sakonnet River. Portsmouth
A
WARM
RI0010031R-10
Unnamed tributary #4 to Sakonnet River. Portsmouth
A
WARM
RI0010031R-11
Unnamed tributary #5 to Sakonnet River. Portsmouth
A
WARM
RI0010031R-12
Unnamed tributary #6 to Sakonnet River. Portsmouth
A
WARM
RI0010031E-01A
Sakonnet River waters in the vicinity of Portsmouth Park north of a line extending from the southwestern most corner of the Stone Bridge in Tiverton to the easternmost extension of Morningside Lane in Portsmouth. Portsmouth, Tiverton
SA
RI0010031E-01D
Sakonnet River south of a line from the light at the end of the Sakonnet breakwater to the point of land at the end of Goodrich Lane, Little Compton, on the eastern shore of the harbor. Little Compton
SA{b}
RI0010031L-01
Creamer Pond. Tiverton
A
RI0010031R-05A
Sin & Flesh Brook from headwaters to Fish Street. Tiverton
B
WARM
RI0010031R-05B
Sin & Flesh Brook from Fish Street to Main Road (Route 77). Tiverton
B
WARM
RI0010031E-02A
Nannaquaket Pond east of a line extending from the northwesternmost point of Nannaquaket Neck to the Rhode Island Department of Environmental Management Range Marker and west to the easternmost side of the Nannaquaket Bridge. Tiverton
SB
RI0010031E-02B
Nannaquaket Pond south and east of the Nannaquaket Bridge, excluding the waters noted immediately below. Tiverton
SA
RI0010031E-02C
Nannaquaket Pond waters of the area called "The Gut", located at the north end of Nannaquaket Pond, north of the northern side of Route 77 (Main Road). Tiverton
SA
RI0010031R-06
White Wine Brook. Tiverton
A
RI0010031R-01
Borden Brook and tributaries. Tiverton
AA
WARM
RI0010031R-04
Quaker Creek. Tiverton
AA
RI0010031E-04
Sapowet Creek and tributaries. Tiverton
SA
RI0010031R-03
Pachet Brook. Little Compton, Tiverton
AA
WARM
RI0010031R-02
Little Creek. Portsmouth, Middletown
B
WARM
RI0010031R-16
Unnamed Tributary #10 to Sakonnet River. Little Compton
A
RI0010031R-21
Tributaries to Watson Reservoir. Little Compton
AA
7.Southeast Coastal Ponds Subbasin, Waterbody ID number RI0010048
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0010048L-02
Round Pond. Little Compton
A
RI0010048L-01
Long Pond. Little Compton
A
RI0010048R-02
Dundery Brook. Little Compton
B
WARM
RI0010048E-01
Briggs Marsh Pond. Little Compton
SA
RI0010048R-04
Sisson Brook. Little Compton
A
WARM
RI0010048L-04
Tunipus Pond. Little Compton
A
RI0010048R-01
Cold Brook and tributaries. Little Compton
A
COLD
RI0010048L-03
Simmons Pond. Little Compton
A
WARM
RI0010048E-02
Quicksand Pond. Little Compton
SA
RI0010048R-03
Tributaries East of Cold Brook. Little Compton
A
COLD
RI0010048R-05
Unnamed Tributary to Tunipus Pond. Little Compton
A
RI0010048R-06
Unnamed Tributary #1. Little Compton
A
RI0010048R-08
Tributaries to Briggs Marsh Pond. Little Compton
A
8.Block Island Waters Subbasin, Waterbody ID number RI0010046
Waterbody ID Number
Waterbody Description
Classification and Partial Use
Fishery Designation
RI0010046C-01
Coastal Waters off the shoreline of Block Island extending seaward to 10 meters in depth exclusive of the waters in RI0010046E-02A, RI0010046E-02B, RI0010046E-02C, and RI0010046E-02D.
SA
RI0010046L-03
Sachem Pond. New Shoreham
A
RI0010046L-04
Middle Pond. New Shoreham
A
RI0010046E-01A
Great Salt Pond north of a line from the northern most extremity of Cormorant Point to the northern most landward dock located at the Block Island Club. New Shoreham
SA
RI0010046E-01B
Great Salt Pond south of a line from the northern most extremity of Cormorant Point to the northern most landward dock located at the Block Island Club excluding the waters described in waterbody ID#s RI0010046E-01C and RI0010046E-01D. New Shoreham
SA{b}
RI0010046E-01C
Great Salt Pond, Trim’s Pond and Harbor Pond New Shoreham
SA{b}
RI0010046E-01D
Great Salt Pond waters south of a line from the end of Payne’s Dock to the end of Block Island Marina dock. New Shoreham
SA{b}
RI0010046E-02A
Block Island Waters in the vicinity of Pebbly Beach, within a 500 foot radius of the New Shoreham marine sewer outfall. New Shoreham
SB1
RI0010046E-02B
Block Island Waters in the vicinity of Pebbly Beach exclusive of the waters described in RI0010046E-02A, which are within 1000 feet of the New Shoreham marine sewer outfall to a point 1000 feet south of the marine sewer outfall. New Shoreham
SB
RI0010046E-02C
Block Island Waters in the vicinity of Old Harbor west of a line from the fixed red light at the end of the northern breakwater to the seaward end of the southern breakwater. New Shoreham
SB
RI0010046E-02D*
Block Island Waters along the eastern coast exclusive of the waters described in RI0010046E-02A, RI0010046E-02B, and RI0010046E-02C, which are within 5,900 feet of the New Shoreham marine sewer outfall. Block Island
SA
RI0010046L-02@
Fresh Pond. New Shoreham
AA
RI0010046L-01@
Sands Pond. New Shoreham
AA
RI0010046M-01
Waters greater than 10 meters in depth to three miles offshore off the shoreline of Block Island exclusive of the waters in RI0010046E-02A, RI0010046E-02B, RI0010046E-02C, and RI0010046E-02D.
SA
Rhode Island Sound. Block Island Sound.
.
SA
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.26** RIDEM Ambient Water Quality Criteria and Guidelines for Toxic Pollutants {#sec-250-ricr-150-05-1-1.26 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.26}
A.General - Section 304(a)(1) of the Clean Water Act, 33 U.S.C. § 1314, requires the USEPA to develop and publish water quality criteria. The USEPA has published criteria for a number of the pollutants listed pursuant to Section 307(a)(1) of the Clean Water Act, 33 U.S.C. § 1317, as well as for other toxic substances, based on available toxicological information on the pollutants. Section 303(c)(2)(B) of the Clean Water Act, 33 U.S.C. § 1313, requires States to adopt numeric criteria to protect the uses of their waters from all toxic pollutants listed pursuant to Section 307(a)(1) (33 U.S.C. § 1317) for which criteria have been published pursuant to Section 304(a)(1) (33 U.S.C. § 1314), and which are present, or could reasonably be expected to be present, at levels that would impair the uses. A complete list of “priority pollutants” is contained in 40 C.F.R. § 423 Appendix A, incorporated above in § 1.3(G) of this Part. § 1.26 of this Part contains the ambient chemical-specific numeric criteria and guidelines for aquatic life and human health which satisfies the requirements of Section 303(c)(2)(B) (33 U.S.C. § 1313).
B.§ 1.26(J) of this Part contains the acute and chronic aquatic life criteria and minimum data base guidelines for freshwater and saltwater and two sets of human health criteria.
1.The first column of human health criteria represents criteria applicable to waters where the designated route of exposure is due to consumption of drinking water and aquatic organisms.
2.The second column under human health represents criteria applicable to waters where the designated route of exposure is due only to consumption of aquatic organisms.
C.For parameters which have both aquatic life and human health criteria or guidelines, the applicable criteria or guideline is determined by using the more stringent of the aquatic life or human health criteria or guidelines, according to the use of the waterbody.
D.Aquatic Life Criteria - The aquatic life criteria in § 1.26(J) of this Part represents the EPA water quality criteria for the protection of aquatic life, pursuant to Section 304(a) of the Clean Water Act, 33 U.S.C. § 1314, for acute and chronic exposure to toxics in freshwater and saltwater. These toxics are priority metals, organics, pesticides, PCBs, and cyanide.
1.To protect aquatic life, the one hour average concentration of a pollutant should not exceed the acute criteria more than once every three years on the average.
a.An exclusion to this rule are the pesticides and PCBs acute criteria which are considered instantaneous values (§ 1.26(J)(5) of this Part and see $ of § 1.26(J)(7) of this Part).
2.The four day average concentration of a pollutant should not exceed the chronic criteria more than once every three years on the average.
3.These aquatic life criteria shall be achieved in all waters, except mixing zones, regardless of the waters' classification.
4.The acute and chronic aquatic life criteria for freshwaters shall not be exceeded at or above the lowest average 7 consecutive day low flow with an average recurrence frequency of once in 10 years (7Q10).
5.For non-flowing freshwaters, the acute and chronic aquatic life criteria shall not be exceed under the most adverse conditions which will be determined on a case-by case basis.
6.The acute and chronic aquatic life criteria for seawater shall not be exceeded beyond the boundary of the mixing zone(s), as defined and determined by §§ 1.10(B)(5) and 1.10(B)(6) of this Part, and thence throughout the waterbody.
a.If a mixing zone has not been established, these criteria shall not be exceeded in any portion of the receiving water.
7.For purposes of calculating freshwater aquatic life criteria for metals from the equations in § 1.26(M) of this Part, the ambient hardness values shall be used, and shall be consistent with the design flow conditions established by § 1.10 of this Part.
8.For waters in which the salinity is equal to or less than one part per thousand, the applicable criteria are the freshwater criteria.
9.For waters in which the salinity is equal to or greater than ten parts per thousand, the applicable criteria are the saltwater criteria.
10.For waters in which the salinity is between one and ten parts per thousand (brackish), the applicable criteria are the more stringent of the freshwater or saltwater criteria. However, for those waters between one and ten parts per thousand (brackish), the Department may deviate from the general rule if scientifically defensible information and data demonstrates that on a site-specific basis the biology of the waterbody is dominated by freshwater aquatic life and that freshwater criteria are more appropriate; or conversely, the biology of the waterbody is dominated by saltwater aquatic life and that saltwater criteria are more appropriate.
11.The acute and chronic freshwater criteria for 10 metals and the acute and chronic saltwater criteria for 11 metals listed in § 1.26(J) of this Part are presented as dissolved metal criteria (see #5 and #6 § 1.26(J)(1) of this Part). For these metals, the dissolved metal, as opposed to the total recoverable metal, more closely approximates the bioavailable fraction of the metal in the water column.
E.Human Health Criteria - The human health criteria in § 1.26(J) of this Part represent the highest concentration of a pollutant in surface waters that is not expected to pose a significant risk to human health as determined by EPA. For almost all of the pollutants, bioaccumulation properties are used to assess the relative extent of human exposure to the pollutant either directly through ingestion or indirectly through consumption of aquatic organisms. These criteria represent the chronic criteria necessary to protect human health.
1.Ambient water quality criteria for human health are primarily based on two types of biological endpoints:
a.Carcinogenicity and;
b.Toxicity (i.e., all other adverse effects other than cancer).
2.There are essentially two procedures for assessing health effects; one which addresses carcinogens and one which addresses non-carcinogens. The reason for having two methodologies is that, for the purpose of deriving ambient water quality criteria, carcinogenicity is regarded as a non-threshold phenomenon, whereas toxicity is regarded as having a threshold below which there will not be an effect.
a.For those toxic substances which are identified as carcinogens, the criteria have been established at a risk level of 10-5 assuming a lifetime exposure to a 70 kg male consuming 17.5 grams per day of fish and shellfish product and ingesting 2.0 liters of water per day.
b.For those toxic substances which are identified as non-carcinogens, the human health criteria are best estimates of concentrations which are not expected to produce adverse effects in human health assuming a lifetime exposure of a 70 kg male consuming 17.5 grams per day of fish and shellfish products and ingesting 2.0 liters of water per day.
3.The concentration of these pollutants should not exceed criteria under stream conditions that represent long-term average conditions.
a.The stream design flow to be used to implement both carcinogen and noncarcinogen human health criteria is the harmonic mean flow which is a long term mean flow value calculated by dividing the number of daily flows analyzed by the sum of the reciprocals of those daily flows.
b.For non-flowing freshwaters, the human health criteria shall not be exceed under the most adverse conditions which will be determined on a case-by case basis.
4.For seawaters, the ambient human health water quality criteria for carcinogens and non-carcinogens are applicable when the most adverse hydrographic and pollution conditions occur at the particular point of evaluation.
F.Ammonia Criteria – The criteria presented in § 1.26 (L) of this Part represent the ammonia criteria for aquatic life use.
1.Averaging Periods and Frequency of Exceedances
a.Chronic criteria - The ambient concentration, averaged over a period of 30 days, shall not exceed the chronic criterion more than once every three years on average. The highest four-day average ambient concentration should not exceed a concentration 2.5 times greater than the chronic criterion.
b.Acute – The ambient concentrations, averaged over one hour shall not exceed the acute criterion more than once every three years on average.
2.Early Life Stage Absent (ELS-Absent) Provision
a.This provision allows for a relaxation of the chronic criteria when early life stages (ELS) of fish are not present, since at low ambient water temperatures, adult and juvenile fish are less sensitive to ammonia toxicity than are early life stages of fish. As ambient water temperature decreases, it is appropriate to relax the ammonia chronic criterion in waterbodies where it is determined, to the Director’s satisfaction, that early life stages are not present. The chronic criteria applicable when ELS are absent are found in § 1.26(L)(1)(c) of this Part.
b.The Director has determined that the ELS-Absent Provision applies to:
(1)The entire Blackstone River during the period November 1 to April 30.
(2)The main stem of the Pawtuxet River during the period November 1 to April 30.
(3)The Woonasquatucket River from Georgiaville Pond to the confluence with the Mosshasuck River during the period November 1 to April 30.
G.Site Specific Criteria
1.Criteria, 40 C.F.R. § 131.11(b)(1)(ii) provides States with the opportunity to adopt water quality criteria that are modified to reflect local environmental conditions. Certain criteria are developed as site specific criteria in accordance with State and EPA procedures and guidance.
a.Aquatic life criteria may be subject to site-specific modification procedures. Aquatic life guidelines may be modified following the procedures outlined in § 1.26(H) of this Part.
(1)Aquatic life site specific criteria modification procedures are based on EPA's "Interim Guidance on Determination and Use of Water Effect Ratios for Metals, EPA-823-B-94-001, February 1994, and subsequent site specific criteria modification guidance documents published in a memo from Jeanette Wiltse, Director of EPA’s Health and Ecological Criteria Division on December 3, 1997; and EPA’s Streamlined Water Effect Ration Procedure for Discharges of Copper, EPA-822-R-01-005, March 2001.
b.Human health criteria are subject to site-specific criteria development utilizing the methodology in EPA guidance. Human health guidelines may be modified utilizing the methodology in the EPA guidance manual, "Assessing Human Health Risk from Chemically-Contaminated Fish and Shellfish" (EPA - 503/8-89-002), incoporated in § 1.3(D) of this Part, and the methodology published in the Federal Register on November 28, 1980 (45 FR 79347) entitled "Water Quality Criteria Documents; Availability, Appendix C - Guidelines and Methodology used in Preparation of Health Effect Assessment Chapters of the Consent Decree Water Criteria Documents," incorporated above in § 1.3(E) of this Part.
2.Water Effect Ratios (WERs) were developed for 5 metals; cadmium, copper, lead, silver and zinc for portions of the Pawtuxet River (§ 1.26(M) of this Part) using total recoverable metals. The WERs are then used to derive acute site specific criteria for the State’s aquatic life criteria as indicated in § 1.26(M) of this Part. Chronic site specific criteria are then calculated using the derived acute site specific criteria, as indicated in § 1.26(M) of this Part.
a.The resulting acute and chronic site specific criteria are as total recoverable metals. The conversion factors noted in §§ 1.26(J)(3) and 1.26(K) of this Part cannot be applied to the site specific criteria.
b.The WERs and resulting site specific criteria apply only to the segments of the Pawtuxet River classified as B1 (§ 1.25 of this Part).
c.The WERs were developed using the procedures outlined in § 1.29 of this Part and EPA’s “Interim Guidance on Determination and Use of Water Effect Ratios for Metals” (EPA 823-B-94-001).
3.Site specific dissolved copper criteria have been adopted for the Blackstone River, Ten Mile River (including run-of-the-river impoundments Slater Park Pond, Turner Reservoir North and South, and Omega Pond),the Woonasquatucket River from the Smithfield WWTF discharge to the mouth of the river, and segments of the Pawcatuck and Clear Rivers. Site specific dissolved aluminum criteria have been adopted for segments of the Pawtuxet, Pawcatuck, and Clear Rivers. (§ 1.26(J) of this Part).
H.Freshwater Minimum Data Base Guidelines - RIDEM has derived freshwater guidelines for many pollutants for which EPA water quality criteria are not available. In order for guidelines to be derived, the toxicity data base for the pollutants must meet minimum requirements. These guidelines are given in § 1.26(J) of this Part and are marked with an asterisk (*), which is in § 1.26(J)(1) of this Part. The data base must contain at least two acute toxicity test results expressed as either an EC50 or an LC50. The two acute toxicity test results shall consist of:
1.One daphnid (D. magna or D. pulex)
2.One fish, either:
a.fathead minnow (Pimephales promelas)
b.bluegill (Lepomis macrochirus)
c.rainbow trout (Salmo gairdneri)
3.For every pollutant which meets these minimum data requirements, acute and chronic guidelines are derived using the following equations:
a.The uncertainty factor, 0.05, is intended to provide an adequate margin of safety to protect most aquatic organisms from acutely toxic effects.
b.The acute guideline is divided by an acute to chronic ratio of 45 to yield the chronic guideline.
I.Priority Pollutants Without Criteria or Guidelines - Any pollutant listed on the most recent EPA priority pollutant list published in accordance with Section 307(a)(1) of the Clean Water Act, 33 U.S.C. § 1317 (listed in 126 Priority Pollutants, 40 C.F.R. § 423 Appendix A), incorporated above in § 1.3(G) of this Part) or additional criteria EPA has established for non-priority pollutants, for which there is no RIDEM ambient water quality criteria or guideline, shall be regulated in accordance with §§ 1.8(D)(2) and (3) of this Part.
J.Table of Acute and Chronic Aquatic Life Criteria and Minimum Database Guidelines for Freshwater and Saltwater and Human Health Criteria
1.Priority Pollutant: Toxic Metals and Cyanide
CHEMICAL NAME
CAS Number
AQUATIC LIFE CRITERIA (µg/l)
CARCINOGEN
HUMAN HEALTH CRITERIA (µg/l)!
FRESHWATER
SALTWATER
For Consumption of:
ACUTE
CHRONIC
ACUTE
CHRONIC
Water and Aquatic Organisms
Aquatic Organisms Only
Antimony
7440360
450*
10*
-
-
No
5.6
640
Arsenic5,6
7440382
340
150
69
36
Yes
0.18
1.4
Asbestos
1332214
-
-
-
-
Yes
7 million fibers/L
Beryllium
7440417
7.5*
0.17*
-
-
Yes
-
-
Cadmium 5,6
7440439
@
@
40
8.8
No
-
-
Chromium III 5
1606583
@
@
-
-
No
-
-
Chromium VI 5,6
18540299
16
11
1100
50
No
-
-
Copper 5,6
7440508
@
@
4.8
3.1
No
1300
-
Copper (Site Specific) 7
7440508
20.41
14.45
-
-
No
1300
-
Copper (Site Specific) 8
7440508
23.56
20.40
-
-
No
1300
Copper (Site Specific) 9
7440508
11.21
7.59
-
-
No
1300
Cyanide
57125
22
5.2
1.0
1.0
No
4
400
Lead 5,6
7439921
@
@
210
8.1
No
-
-
Mercury 5,6
7439976
1.4
0.77
1.8
0.94
No
0.14
0.15
Nickel 5,6
7440020
@
@
74
8.2
No
610
4600
Selenium 6
7782492
20
5
290
71
No
170
4200
Silver 5,6
7440224
@
-
1.9
-
No
-
-
Thallium
7440280
46*
1.0*
-
-
No
0.24
0.47
Zinc 5,6
7440666
@
@
90
81
No
7400
26000
2.Priority Pollutant: Volatile Organic Compounds
CHEMICAL NAME
CAS Number
AQUATIC LIFE CRITERIA (µg/l)
CARCINOGEN?
HUMAN HEALTH CRITERIA (µg/l)!
For Consumption of:
FRESHWATER
SALTWATER
Water and Aquatic Organisms
Aquatic Organisms Only
ACUTE
CHRONIC
ACUTE
CHRONIC
Acrolein
107028
2.9*
0.06*
-
-
No
3
400
Acrylonitrile
107131
378*
8.4*
-
-
Yes
0.061
7.0
Benzene
71432
265*
5.9*
-
-
Yes
22
510
Bromoform
75252
1465*
33*
-
-
Yes
7
120
Carbon Tetrachloride
56235
1365*
30*
-
-
Yes
0.4
5
Chlorobenzene
108907
795*
18*
-
-
No
100
800
Chlorodibromomethane
124481
0.8
21
Chloroform
67663
1445*
32*
-
-
Yes
60
2000
Dichlorobromomethane
75274
-
-
-
-
Yes
0.95
27
1,2-Dichloroethane
107062
5900*
131*
-
-
Yes
9.9
650
1,1-Dichloroethylene
75354
580*
13*
-
-
Yes
300
20000
1,2-Dichloropropane
78875
2625*
58*
-
-
Yes
0.9
31
1,3-Dichloropropene
542756
-
-
-
-
No
0.27
12
Ethylbenzene
100414
1600*
36*
-
-
No
68
130
Methyl bromide
74839
-
-
-
-
No
100
10000
Methyl chloride
74873
-
-
-
-
Yes
-
-
Methylene chloride
75092
9650*
214*
-
-
Yes
20
1000
1,1,2,2-tetrachloroethane
79345
466*
10*
-
-
Yes
0.2
3
Tetrachloroethylene
127184
240*
5.3*
-
-
Yes
10
29
Toluene
108883
635*
14*
-
-
No
57
520
Trans-1,2-Dichloroethylene
156605
-
-
-
-
No
100
4000
1,1,1-trichloroethane
71556
-
-
-
-
No
10000
200000
1,1,2-trichloroethane
79005
900*
20*
-
-
Yes
0.55
8.9
Trichloroethylene
79016
1950*
43*
-
-
Yes
0.6
7
Vinyl chloride
75014
-
-
-
-
Yes
0.022
1.6
3.Priority Pollutants: Acid Organic Compounds
CHEMICAL NAME
CAS Number
AQUATIC LIFE CRITERIA (µg/l)
CARCINOGEN?
HUMAN HEALTH CRITERIA (µg/l)!
For Consumption of:
FRESHWATER
SALTWATER
Water and Aquatic Organisms
Aquatic Organisms Only
ACUTE
CHRONIC
ACUTE
CHRONIC
2-chlorophenol
95578
129*
2.9*
-
-
No
30
800
2,4-dichlorophenol
120832
101*
2.2*
-
-
No
10
60
2,4-dimethylphenol
105679
106*
2.4*
-
-
No
100
3000
2-methyl-4,6-dinitrophenol
534521
2
30
2,4-dinitrophenol
51285
31*
0.69*
-
-
No
10
300
4-nitrophenol
88755
-
-
-
-
-
-
Pentachlorophenol
87865
@
@
13
7.9
Yes
0.03
0.04
Phenol
108952
251*
5.6*
-
-
No
4000
300000
2,4,6-trichlorophenol
88062
16*
0.36*
-
-
Yes
1.5
2.8
4.Priority Pollutants: Base Neutral Compounds
CHEMICAL NAME
CAS Number
AQUATIC LIFE CRITERIA (µg/l)
CARCINOGEN?
HUMAN HEALTH CRITERIA (µg/l)!
For Consumption of:
FRESHWATER
SALTWATER
Water and Aquatic Organisms
Aquatic Organisms Only
ACUTE
CHRONIC
ACUTE
CHRONIC
Acenaphthene
83329
85*
1.9*
-
-
No
70
90
Anthracene
120127
-
-
-
-
No
300
400
Benzidine
92875
-
-
-
-
Yes
0.00014
0.011
Benzo(a)anthracene
56553
-
-
-
-
Yes
0.0012
0.0013
Benzo(a)pyrene
50328
-
-
-
-
Yes
0.00012
0.00013
Benzo(b)fluoranthene
205992
-
-
-
-
Yes
0.0012
0.0013
Benzo(k)fluoranthene
207089
-
-
-
-
Yes
0.012
0.013
Chrysene
218019
-
-
-
-
Yes
0.12
0.13
Dibenzo(a,h)anthracene
53703
-
-
-
-
Yes
0.00012
0.00013
Polycyclic Aromatic Hydrocarbons4
-
-
-
-
Yes
0.038
0.18
Bis(2-Chloroethyl)ether
111444
-
-
-
-
Yes
0.030
2.2
Bis(2-Chloroisopropyl)ether
108601
-
-
-
-
No
200
4000
Bis(Chloromethyl) Ether
542881
-
-
-
-
Yes
0.00015
0.017
Bis(2-Ethylhexyl)phthalate
117817
555*
12*
-
-
Yes
0.32
0.37
Butyl Benzyl Phthalate
85687
85*
1.9*
No
0.10
0.1
2-Chloronaphthalene
91587
-
-
-
-
No
800
1000
1,2-Dichlorobenzene
95501
79*
1.8*
-
-
No
1000
3000
1,3-Dichlorobenzene
541731
390*
8.7*
-
-
No
7
10
1,4-Dichlorobenzene
106467
56*
1.2*
-
-
No
300
900
3,3’-Dichlorobenzidine
91941
-
-
-
-
Yes
0.049
0.15
Diethyl Phthalate
84662
2605*
58*
-
-
No
600
600
Dimethyl Phthalate
131113
1650*
37*
-
-
No
2000
2000
Di-n-Butyl Phthalate
84742
-
-
-
-
No
20
30
2,4-Dinitrotoluene
121142
1550*
34*
-
-
Yes
0.049
1.7
1,2-Diphenylhydrazine
122667
14*
0.31*
-
-
Yes
0.03
0.2
Fluoranthene
206440
199*
4.4*
-
-
No
20
20
Fluorene
86737
-
-
-
-
No
50
70
Hexachlorobenzene
118741
-
-
-
-
Yes
0.000079
0.000079
Hexachlorobutadiene
87683
-
-
-
-
Yes
0.01
0.01
Hexachlorocyclopentadiene
77474
0.35*
0.008*
-
-
No
4
4
Hexachloroethane
67721
49*
1.1*
-
-
Yes
0.1
0.1
Indeno(1,2,3-cd)pyrene
193395
-
-
-
-
Yes
0.0012
0.0013
Isophorone
78591
5850*
130*
-
-
Yes
34
1800
Naphthalene
91203
115*
2.6*
-
-
-
-
Nitrobenzene
98953
1350*
30*
-
-
No
10
600
N-Nitrosodimethylamine
62759
-
-
-
-
Yes
6.9 ng/l
30
N-Nitrosodi-N-Propylamine
621647
-
-
-
-
Yes
0.05
5.1
N-Nitrosodiphenylamine
86306
293*
6.5*
-
-
Yes
33
60
Pyrene
129000
-
-
-
-
No
20
30
1,2,4-Trichlorobenzene
120821
75*
1.7*
-
-
0.071
0.076
5.Priority Pollutants: Pesticides/PCBs
CHEMICAL NAME
CAS Number
AQUATIC LIFE CRITERIA (µg/l)
CARCINOGEN?
HUMAN HEALTH CRITERIA (µg/l)!
For Consumption of:
FRESHWATER
SALTWATER
Water and Aquatic Organisms
Aquatic Organisms Only
ACUTE
CHRONIC
ACUTE
CHRONIC
Aldrin
309002
3.0$
-
1.3$
-
Yes
0.00000077
0.00000077
alpha BHC
319846
-
-
-
-
Yes
0.00036
0.00039
beta BHC
319857
-
-
-
-
Yes
0.0080
0.014
gamma BHC (Lindane)
58899
0.95$
0.16$
-
Yes
4.2
4.4
Chlordane
57749
2.4$
0.0043
0.09$
0.004
Yes
0.00031
0.00032
Chlorophenoxy Herbicide (2,4-D)
94757
-
-
-
-
No
1300
12000
Chlorophenoxy Herbicide (2,4,5-TP) [Silvex]
93721
-
-
-
-
No
100
400
3-Methyl-4-Chlorophenol
59507
-
-
-
-
No
500
2000
4,4-DDT
50293
1.1$
0.001
0.13$
0.001
Yes
0.000030
0.000030
4,4-DDE
72559
-
-
-
-
Yes
0.000018
0.000018
4,4-DDD
72548
-
-
-
-
Yes
0.00012
0.00012
Dieldrin
60571
0.24
0.056
0.71$
0.0019
Yes
0.0000012
0.0000012
alpha-Endosulfan
959988
0.22$
0.056
0.034$
0.0087
No
20
30
Endosulfan, beta
33213659
0.22$
0.056
0.034$
0.0087
20
40
Endosulfan Ssulfate
1031078
-
-
-
-
No
20
40
Endrin
72208
0.086$
0.036
0.037$
0.0023
No
0.03
0.03
Endrin Aldehyde
7421934
-
-
-
-
No
1
1
Heptachlor
76448
0.52$
0.0038
0.053$
0.0036
Yes
0.0000059
0.0000059
Heptachlor Epoxide
1024573
0.52$
0.0038
0.053$
0.0036
Yes
0.000032
0.000032
Hexachlorocyclohexane (HCH) -Technical
608731
-
-
-
-
Yes
0.0066
0.010
Methoxychlor
72435
-
-
-
-
No
0.02
0.02
Polychlorinated Biphenyls (PCBs)3
1336363
-
0.014
-
0.03
Yes
0.64 ng/l
0.64 ng/l
2,3,7,8-TCDD (Dioxin)
1746016
-
-
-
-
Yes
5 x 10-8
5.1 x 10-8
Toxaphene
8001352
0.73
0.0002
0.21
0.0002
Yes
0.00070
0.00071
Tributyltin
**
0.46
0.072
0.42
0.0074
No
-
-
6.Non Priority Pollutants: Other Substances
CHEMICAL NAME
CAS Number
AQUATIC LIFE CRITERIA (µg/l)
CARCINOGEN?
HUMAN HEALTH CRITERIA (µg/l)!
For Consumption of:
FRESHWATER
SALTWATER
Water and Aquatic Organisms
Aquatic Organisms Only
ACUTE
CHRONIC
ACUTE
CHRONIC
Aluminum
7429905
750^
87^
-
-
-
-
Aluminum (Site Specific) 10
7429905
660
325
-
-
-
-
Aluminum (Site Specific) 11
7429905
782
360
-
-
-
-
Aluminum (Site Specific) 12
7429905
230
146
-
-
-
-
Ammonia
7664417
#
#
#
#
No
-
-
4-Bromophenyl Phenyl Ether
18*
0.4*
-
-
-
-
Chloride
16887006
860,000
230,000
Chlorine
7782505
19
11
13
7.5
4-Chloro-2-Methylphenol
15*
0.32*
-
-
-
-
1-Chloronaphthalene
80*
1.8*
-
-
-
-
4-Chlorophenol
106489
192*
4.3*
-
-
-
-
2,4-Dichloro-6-Methylphenol
22*
0.48*
-
-
-
-
1,1-Dichloropropane
1150*
26*
-
-
-
-
1,3-Dichloropropane
142289
303*
6.7*
-
-
-
-
Dinitrophenols
25550587
-
-
-
-
No
10
1000
2,3-Dinitrotoluene
17*
0.37*
-
-
-
-
2,4-Dinitro-6-Methyl Phenol
12
0.26
-
-
-
-
Iron
7439896
1000
300
Pentachlorobenzene
608935
13*
0.28*
-
-
No
0.1
0.1
Pentachloroethane
362*
8.0*
-
-
-
-
1,2,3,5-Tetrachlorobenzene
321*
7.1*
-
-
-
-
1,2,4,5-Tetrachlorobenzene
95943
-
-
-
-
No
0.03
0.03
1,1,1,2-Tetrachloroethane
630206
980*
22*
-
-
-
-
2,3,4,6-Tetrachlorophenol
58902
7*
0.16*
-
-
-
-
2,3,5,6-Tetrachlorophenol
8.5*
0.19*
-
-
-
-
2,4,5-Trichlorophenol
95954
23*
0.51*
-
-
No
300
600
2,4,6-Trinitrophenol
88062
4235
94
-
-
-
-
Xylene
1330207
133*
3.0*
-
-
7.Key for § 1.26(J) of this Part
Symbol
Meaning
*
RIDEM minimum database guidelines.
**
Only data generated in toxicity and bioconcentration tests on TBTCl (tributyltin chloride; CAS 1461-22-9), TBTF (tributyltin floride; CAS 1983-10-4), TBTO [bis(tributyltin) oxide; CAS 56-35-9], commonly called “tributyltin oxide” and TBTS[bis(tributyltin) sulfide; CAS 4808-30-4], commonly called “tributyltin sulfide” were used in the derivation of the water quality criteria concentrations for aquatic life presented herein. All concentrations from such tests are expressed as TBT, not as tin and not as the chemical tested.
^
Freshwater criteria for aluminum are for waters in which the pH is between 6.5 and 9
#
See § 1.26(L) of this Part for ammonia criteria
@
See § 1.26(K) of this Part for criteria equations
-
No criteria recommendation.
$
The aquatic life criteria for these compounds were issued in 1980 utilizing the 1980 Guidelines for criteria development. The acute values shown are final acute values which, by the 1980 Guidelines, are instantaneous values as contrasted with a Criteria Maximum Concentration (CMC)which is a one-hour average.
1
Carcinogens calculated at 10-5 risk
!
Criteria are in µg/l unless otherwise noted: µg/l = micrograms/liter, ng/l = nanograms/liter, mg/l = milligrams/liter
3
Polychlorinated Biphenyl criteria apply to total PCBs (e.g. the sum of all cogener or all isomer or homolog or Aroclor analyses.)
4
Polycyclic Aromatic Hydrocarbons criteria apply to each of the following: indeno(1,2,3-cd)pyrene (CAS Number 193395), dibenzo(ah)anthracene (CAS Number 53703), benzo(a)anthracene (CAS Number 56553), benzo(a)pyrene (CAS Number 50328), benzo(b)fluoranthene (CAS Number 205992), benzo(k)fluoranthene (CAS Number 207089), chrysene (CAS Number 218019)
5
Freshwater aquatic life criteria values in § 1.26(J) of this Part for the following parameters are presented as dissolved criteria using the EPA recommended conversion factors (CF), as listed in § 1.26(J)(2) of this Part
6
Saltwater aquatic life criteria values in § 1.26(J) of this Part for the following parameters are presented as dissolved criteria using the EPA recommended conversion factors, as listed in § 1.26(J)(3) of this Part
7
Site specific criteria for dissolved copper apply for the following waters: Blackstone River (RI0001003R-01A and RI0001003R-01B) From the MA/RI border to the mouth of the river, Ten Mile River (RI0004009R-01A and RI0004009R-01B) From the MA/RI border to the mouth of the river including Slater Park Pond (included in Ten Mile River (RI0004009R-01A), Turner Reservoir North (RI0004009L-01A) and South (RI0004009L-01B), and Omega Pond (RI0004009L-03). Woonasquatucket River (RI0002007R-10C and RI0002007R-10D) From the Smithfield WWTF discharge to confluence with Moshassuck River.
8
Site specific criteria for dissolved copper apply for the following water: Pawcatuck River (RI0008039R-18B)
9
Site specific criteria for dissolved copper apply for the following water: Clear River RI0001002R-05D
10
Site specific criteria for dissolved aluminum apply for the following water: Pawtuxet River (RI0006017R-03)
11
Site specific criteria for dissolved aluminum apply for the following water: Clear River (RI0001002R-05D
12
Site specific criteria for dissolved aluminum apply for the following water: Pawcatuck River (RI0008039R-18B)
8.Table of EPA Recommended Conversion Factors (CF)-Freshwater Values
Metal
Acute CF
Chronic CF
Arsenic
1.000
1.000
Cadmium
1.136672 - [(ln H) x 0.041838]
1.101672 - [(ln H) x 0.041838]
Chromium III
0.316
0.86
Chromium VI
0.982
0.962
Copper
0.96
0.96
Lead
1.46203 - [(ln H) x 0.145712]
1.46203 - [(ln H) x 0.145712]
Mercury
0.85
0.85
Nickel
0.998
0.997
Silver
0.85
(no freshwater criteria)
Zinc
0.978
0.986
NOTE: (ln H) = natural log of Hardness, using any hardness as appropriate.
9.Table of EPA Recommended Conversion Factors (CF)-Saltwater Values
Metal
Conversion Factor
Arsenic
1
Cadmium
0.994
Chromium III
(no saltwater criteria)
Chromium VI
0.993
Copper
0.83
Lead
0.951
Mercury
0.85 (see Note below)
Nickel
0.99
Selenium
0.998
Silver
0.85
Zinc
0.946
Note: Conversion factors on this table were calculated for acute criteria only. Conversion factors for chronic criteria are not currently available. In the absence of chronic conversion factors saltwater acute conversion factors are used. Chronic criteria for mercury cannot be converted to dissolved because it is based on mercury residues rather than toxicity.
K.Freshwater Criteria Equations and Base e Exponential Values
Parameter
ACUTE (µg/l)
CHRONIC (µg/l)
CF =
ma =
ba =
CF =
mc =
bc =
Cadmium
@
1.0166
-3.924
@
0.7409
- 4.719
Chromium III
0.316
0.8190
3.7256
0.86
0.819
0.6848
Copper
0.96
0.9422
-1.700
0.96
0.8545
-1.702
Lead
#
1.273
-1.46
#
1.273
-4.705
Nickel
0.998
0.846
2.255
0.997
0.846
0.0584
Silver
0.85
1.72
-6.52
-
-
-
Zinc
0.978
0.8473
0.884
0.986
0.8473
0.884
Pentachlorophenol*
-
1.005
-4.869
-
1.005
-5.134
1.Hardness values in § 1.26(K) of this Part are in mg/l as CaCO3
2.Key for § 1.26(K) of this Part
Symbol
Meaning
*
substitute pH for hardness in the equations for pentachlorophenol
-
no recommended value
@
Cadmium conversion Factors:acute CF = 1.136673 - [(ln H) x 0.041838)]chronic CF = 1.101672 - [(ln H) x 0.041838]
[ln H]
natural log of hardness
#
Lead conversion factorsacute and chronic CF = 1.46203 - [(ln H) x 0.145712]
NOTE: When an ambient hardness of less than 25 mg/l is used to establish for lead or cadmium, the hardness dependent Conversion Factor (CF) should not exceed one.
L.Ammonia Criteria
1.Freshwater
a.Acute Criteria as Total Ammonia Nitrogen (mg N/L)
pH
Acute Criterion with
Salmonids present
Acute Criterion with
Salmonids absent
6.5
32.6
48.8
6.6
31.3
46.8
6.7
29.8
44.6
6.8
28.1
42.0
6.9
26.2
39.1
7.0
24.1
36.1
7.1
22.0
32.8
7.2
19.7
29.5
7.3
17.5
26.2
7.4
15.4
23.0
7.5
13.3
19.9
7.6
11.4
17.0
7.7
9.65
14.4
7.8
8.11
12.1
7.9
6.77
10.1
8.0
5.62
8.40
8.1
4.64
6.95
8.2
3.83
5.72
8.3
3.15
4.71
8.4
2.59
3.88
8.5
2.14
3.20
8.6
1.77
2.65
8.7
1.47
2.20
8.8
1.23
1.84
8.9
1.04
1.56
9.0
0.885
1.32
b.Chronic Criteria for Fish Early Life Stages Present, mg N/L
Temperature and pH-Dependent Values of the Chronic Criterion for Fish Early Life Stages Present
pH
Temperature, C
0
14
16
18
20
22
24
26
28
30
6.5
6.67
6.67
6.06
5.33
4.68
4.12
3.62
3.18
2.80
2.46
6.6
6.57
6.57
5.97
5.25
4.61
4.05
3.56
3.13
2.75
2.42
6.7
6.44
6.44
5.86
5.15
4.52
3.98
3.50
3.07
2.70
2.37
6.8
6.29
6.29
5.72
5.03
4.42
3.89
3.42
3.00
2.64
2.32
6.9
6.12
6.12
5.56
4.89
4.30
3.78
3.32
2.92
2.57
2.25
7.0
5.91
5.91
5.37
4.72
4.15
3.65
3.21
2.82
2.48
2.18
7.1
5.67
5.67
5.15
4.53
3.98
3.50
3.08
2.70
2.38
2.09
7.2
5.39
5.39
4.90
4.31
3.78
3.33
2.92
2.57
2.26
1.99
7.3
5.08
5.08
4.61
4.06
3.57
3.13
2.76
2.42
2.13
1.87
7.4
4.73
4.73
4.30
3.78
3.32
2.92
2.57
2.26
1.98
1.74
7.5
4.36
4.36
3.97
3.49
3.06
2.69
2.37
2.08
1.83
1.61
7.6
3.98
3.98
3.61
3.18
2.79
2.45
2.16
1.90
1.67
1.47
7.7
3.58
3.58
3.25
2.86
2.51
2.21
1.94
1.71
1.50
1.32
7.8
3.18
3.18
2.89
2.54
2.23
1.96
1.73
1.52
1.33
1.17
7.9
2.80
2.80
2.54
2.24
1.96
1.73
1.52
1.33
1.17
1.03
8.0
2.43
2.43
2.21
1.94
1.71
1.50
1.32
1.16
1.02
0.897
8.1
2.10
2.10
1.91
1.68
1.47
1.29
1.14
1.00
0.879
0.773
8.2
1.79
1.79
1.63
1.43
1.26
1.11
0.973
0.855
0.752
0.661
8.3
1.52
1.52
1.39
1.22
1.07
0.941
0.827
0.727
0.639
0.562
8.4
1.29
1.29
1.17
1.03
0.906
0.796
0.700
0.615
0.541
0.475
8.5
1.09
1.09
0.990
0.870
0.765
0.672
0.591
0.520
0.457
0.401
8.6
0.920
0.920
0.836
0.735
0.646
0.568
0.499
0.439
0.386
0.339
8.7
0.778
0.778
0.707
0.622
0.547
0.480
0.422
0.371
0.326
0.287
8.8
0.661
0.661
0.601
0.528
0.464
0.408
0.359
0.315
0.277
0.244
8.9
0.565
0.565
0.513
0.451
0.397
0.349
0.306
0.269
0.237
0.208
9.0
0.486
0.486
0.442
0.389
0.342
0.300
0.264
0.232
0.204
0.179
c.Chronic Criteria for Fish Early Life Stages Absent, mg N/L
Temperature and pH-Dependent Values of the CCC (Chronic Criterion) for Fish Early Life Stages Absent
pH
Temperature, C
0-7
8
9
10
11
12
13
14
15*
16*
6.5
10.8
10.1
9.51
8.92
8.36
7.84
7.35
6.89
6.46
6.06
6.6
10.7
9.99
9.37
8.79
8.24
7.72
7.24
6.79
6.36
5.97
6.7
10.5
9.81
9.20
8.62
8.08
7.58
7.11
6.66
6.25
5.86
6.8
10.2
9.58
8.98
8.42
7.90
7.40
6.94
6.51
6.10
5.72
6.9
9.93
9.31
8.73
8.19
7.68
7.20
6.75
6.33
5.93
5.56
7.0
9.60
9.00
8.43
7.91
7.41
6.95
6.52
6.11
5.73
5.37
7.1
9.20
8.63
8.09
8.58
7.11
6.67
6.25
5.86
5.49
5.15
7.2
8.75
8.20
7.69
7.21
6.76
6.34
5.94
5.57
5.22
4.90
7.3
8.24
7.73
7.25
6.79
6.37
5.97
5.60
5.25
4.92
4.61
7.4
7.69
7.21
6.76
6.33
5.94
5.57
5.22
4.89
4.59
4.30
7.5
7.09
6.64
6.23
5.84
5.48
5.13
4.81
4.51
4.23
3.97
7.6
6.46
6.05
5.67
5.32
4.99
4.68
4.38
4.11
3.85
3.61
7.7
5.81
5.45
5.11
4.79
4.49
4.21
3.95
3.70
3.47
3.25
7.8
5.17
4.84
4.54
4.26
3.99
3.74
3.51
3.29
3.09
2.89
7.9
4.54
4.26
3.99
3.74
3.51
3.29
3.09
2.89
2.71
2.54
8.0
3.95
3.70
3.47
3.26
3.05
2.86
2.68
2.52
2.36
2.21
8.1
3.41
3.19
2.99
2.81
2.63
2.47
2.31
2.17
2.03
1.91
8.2
2.91
2.73
2.56
2.40
2.25
2.11
1.98
1.85
1.74
1.63
8.3
2.47
2.32
2.18
2.04
1.91
1.79
1.68
1.58
1.48
1.39
8.4
2.09
1.96
1.84
1.73
1.62
1.52
1.42
1.33
1.25
1.17
8.5
1.77
1.66
1.55
1.46
1.37
1.28
1.20
1.13
1.06
0.990
8.6
1.49
1.40
1.31
1.23
1.15
1.08
1.01
0.951
0.892
0.836
8.7
1.26
1.18
1.11
1.04
0.976
0.915
0.858
0.805
0.754
0.707
8.8
1.07
1.01
0.944
0.885
0.829
0.778
0.729
0.684
0.641
0.601
8.9
0.917
0.86
0.806
0.756
0.709
0.664
0.623
0.584
0.548
0.513
9.0
0.790
0.740
0.694
0.651
0.610
0.572
0.536
0.503
0.471
0.442
* At 15 C and above, the criterion for fish ELS absent is the same as the criterion for fish ELS present.
2.Saltwater: criteria as total ammonia (mg/l)
a.Acute Water Quality Criteria for Saltwater Aquatic Life Based on Total Ammonia (mg/l).
Temperature, (°C)
0
5
10
15
20
25
30
35
pH
Salinity = 10 g/kg
7.0
270
191
131
92
62
44
29
21
7.2
175
121
83
58
40
27
19
13
7.4
110
77
52
35
25
17
12
8.3
7.6
69
48
33
23
16
11
7.7
5.6
7.8
44
31
21
15
10
7.1
5.0
3.5
8.0
27
19
13
9.4
6.4
4.6
3.1
2.3
8.2
18
12
8.5
5.8
4.2
2.9
2.1
1.5
8.4
11
7.9
5.4
3.7
2.7
1.9
1.4
1.0
8.6
7.3
5.0
3.5
2.5
1.8
1.3
0.98
0.75
8.8
4.6
3.3
2.3
1.7
1.2
0.92
0.71
0.56
9.0
2.9
2.1
1.5
1.1
0.85
0.67
0.52
0.44
Salinity = 20 g/kg
7.0
291
200
137
96
64
44
31
21
7.2
183
125
87
60
42
29
20
14
7.4
116
79
54
37
27
18
12
8.7
7.6
73
50
35
23
17
11
7.9
5.6
7.8
46
31
23
15
11
7.5
5.2
3.5
8.0
29
20
14
9.8
6.7
4.8
3.3
2.3
8.2
19
13
8.9
6.2
4.4
3.1
2.1
1.6
8.4
12
8.1
5.6
4.0
2.9
2.0
1.5
1.1
8.6
7.5
5.2
3.7
2.7
1.9
1.4
1.0
0.77
8.8
4.8
3.3
2.5
1.7
1.3
0.94
0.73
0.56
9.0
3.1
2.3
1.6
1.2
0.87
0.69
0.54
0.44
Salinity = 30 g/kg
7.0
312
208
148
102
71
48
33
23
7.2
196
135
94
64
44
31
21
15
7.4
125
85
58
40
27
19
13
9.4
7.6
79
54
37
25
21
12
8.5
6.0
7.8
50
33
23
16
11
7.9
5.4
3.7
8.0
31
21
15
10
7.3
5.0
3.5
2.5
8.2
20
14
9.6
6.7
4.6
3.3
2.3
1.7
8.4
12.7
8.7
6.0
4.2
2.9
2.1
1.6
1.1
8.6
8.1
5.6
4.0
2.7
2.0
1.4
1.1
0.81
8.8
5.2
3.5
2.5
1.8
1.3
1.0
0.75
0.58
9.0
3.3
2.3
1.7
1.2
0.94
0.71
0.56
0.46
To convert these values to mg/liter N, multiply by 0.822
b.Chronic Water Quality Criteria for Saltwater Aquatic Life Based on Total Ammonia (mg/l).
Temperature (°C)
0
5
10
15
20
25
30
35
pH
Salinity = 10 g/kg
7.0
41
29
20
14
9.4
6.6
4.4
3.1
7.2
26
18
12
8.7
5.9
4.1
2.8
2.0
7.4
17
12
7.8
5.3
3.7
2.6
1.8
1.2
7.6
10
7.2
5.0
3.4
2.4
1.7
1.2
0.84
7.8
6.6
4.7
3.1
2.2
1.5
1.1
0.75
0.53
8.0
4.1
2.9
2.0
1.40
0.97
0.69
0.47
0.34
8.2
2.7
1.8
1.3
0.87
0.62
0.44
0.31
0.23
8.4
1.7
1.2
0.81
0.56
0.41
0.29
0.21
0.16
8.6
1.1
0.75
0.53
0.37
0.27
0.20
0.15
0.11
8.8
0.69
0.50
0.34
0.25
0.18
0.14
0.11
0.08
9.0
0.44
0.31
0.23
0.17
0.13
0.10
0.08
0.07
Salinity = 20 g/kg
7.0
44
30
21
14
9.7
6.6
4.7
3.1
7.2
27
19
13
9.0
6.2
4.4
3.0
2.1
7.4
18
12
8.1
5.6
4.1
2.7
1.9
1.3
7.6
11
7.5
5.3
3.4
2.5
1.7
1.2
0.84
7.8
6.9
4.7
3.4
2.3
1.6
1.1
0.78
0.53
8.0
4.4
3.0
2.1
1.5
1.0
0.72
0.50
0.34
8.2
2.8
1.9
1.3
0.94
0.66
0.47
0.31
0.24
8.4
1.8
1.2
0.84
0.59
0.44
0.30
0.22
0.16
8.6
1.1
0.78
0.56
0.41
0.28
0.20
0.15
0.12
8.8
0.72
0.50
0.37
0.26
0.19
0.14
0.11
0.08
9.0
0.47
0.34
0.24
0.18
0.13
0.10
0.08
0.07
Salinity = 30 g/kg
7.0
47
31
22
15
11
7.2
5.0
3.4
7.2
29
20
14
9.7
6.6
4.7
3.1
2.2
7.4
19
13
8.7
5.9
4.1
2.9
2.0
1.4
7.6
12
8.1
5.6
3.7
3.1
1.8
1.3
0.90
7.8
7.5
5.0
3.4
2.4
1.7
1.2
0.81
0.56
8.0
4.7
3.1
2.2
1.6
1.1
0.75
0.53
0.37
8.2
3.0
2.1
1.4
1.0
0.69
0.50
0.34
0.25
8.4
1.9
1.3
0.90
0.62
0.44
0.31
0.23
0.17
8.6
1.2
0.84
0.59
0.41
0.30
0.22
0.16
0.12
8.8
0.78
0.53
0.37
0.27
0.20
0.15
0.11
0.09
9.0
0.50
0.34
0.26
0.19
0.14
0.11
0.08
0.07
To convert these values to mg/liter N, multiply by 0.822
M.Freshwater Water Effect Ratios and Site Specific Criteria Equations
Parameter
Acute
Chronic
(Acute Site Specific x 2) ¸ National Acute:Chronic Ratio
WER@
ma =
ba =
National Acute:Chronic Ratio
Cadmium
2.2
1.0166
-3.924
--
Copper
4.77
0.9422
-1.700
2.823
Lead
0.19
1.273
-1.46
51.29
Silver
2.85
1.72
-6.52
--
Zinc
1.63
0.8473
0.8840
2.208
@WER=Water Effect Ratio
--=no recommended value, use chronic value as calculated in Table 2.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.27** The Implementation of the Antidegradation Provisions of the Rhode Island Water Quality Regulations {#sec-250-ricr-150-05-1-1.27 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.27}
A.Introduction - Antidegradation Standard
1.§ 1.20 of this Part is based on the Federal Antidegradation Policy requirements, 40 C.F.R. § 131.12 and adopted under the authority of R.I. Gen. Laws Chapters 46-12, 42-17.1 and 42-35.
2.Antidegradation is one of the minimum elements required in state water quality standards. The provisions of the State Antidegradation Regulations have as their objective the maintenance and protection of various levels of water quality and uses.
3.The Rhode Island Antidegradation provisions consist of four (4) tiers of water quality protection which are defined in general terms in § 1.20 of this Part.
B.Applicability - Antidegradation applies to all new or increased projects or activities which may lower water quality or affect existing water uses, including but not limited to all 401 Water Quality Certification reviews and any new, reissued, or modified RIPDES permits. This Antidegradation Implementation Policy describes the general strategy the State will use to determine on a case-by-case basis whether, and to what extent, water quality may be lowered.
C.Preconditions for Implementation of Antidegradation Procedures
1.At the onset of the antidegradation review, a determination by the State, of whether the proposed activity can be considered a new or increased activity, must be made.
a.A new activity in terms of application of this Antidegradation Implementation Policy shall refer to any activity which commenced after November 28, 1975.
b.An increased activity shall refer to:
(1)A proposed increase in loadings to a waterbody.
(2)For discharges covered by existing RIPDES permits an evaluation of an increased loading shall constitute a comparison of the present permit limit with the newly calculated permit limit. If the new permit limit is less than or equal to the old limit, it would not be considered an increased activity. If the comparison indicates that the new permit limit is greater than the old limit, it would be considered an increased activity.
(3)An increase in a flow alteration over the existing use.
2.If the above evaluations result in a determination that the proposed activity is not a new or increased activity, then there would be no further review of the proposed activity under the Antidegradation Implementation Policy. If the above evaluations result in a determination that the proposed activity is a new or increased activity, then the activity will be reviewed for consistency with this Antidegradation Implementation Policy.
D.Antidegradation Protections for Tier 1 and Tier 2
1.Tier 1 - Protection of Existing Uses
a.General - This provision applies to all surface waters.
(1)An existing use can be established by demonstrating that a use(s) has actually occurred since November 28, 1975, and the water quality is suitable to allow the existing use or;
(2)By demonstrating that although a designated use(s) has not occurred the water quality is suitable to allow such a use(s) to occur, unless there are physical problems which prevent the use and which cannot be remedied.
b.Under Tier 1, a proposed activity or discharge cannot partially or completely eliminate any existing uses nor the water quality needed to maintain and protect those uses.
c.The proposed activity cannot violate the class-specific criteria for minimum water quality of the assigned water quality standard of a waterbody.
(1)The more stringent of instream aquatic life criteria or applicable human health criteria for toxic pollutants must be met in all waters, regardless of the classification.
d.The Department may make requests for evidence/data for applications of proposed activities or discharges in accordance with § 1.27(E)(3) of this Part.
2.Tier 2 - Protection of Water Quality in High Quality Waters
a.General - In a waterbody where, for any parameter, the existing water quality exceeds that level necessary to support the propagation of fish and wildlife and recreation in and on the waters, regardless of the use designation, that water shall be considered high quality for that parameter.
(1)All parameters do not need to be better quality than the ambient criteria for the water to be deemed a "high quality water". Instead, a waterbody is assessed as being high quality on a parameter-by-parameter basis.
b.That high quality shall be maintained and protected, except for insignificant changes in water quality as determined by the Director and in accordance with § 1.27(E) of this Part.
c.Significant changes in water quality may be allowed if it can be proven to the Director by a preponderance of clear and scientifically valid evidence having a probative value, and the Director finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the RI Continuing Planning Process, that allowing the water quality degradation is necessary to accommodate important economic and social benefit in the area in which the receiving waters are located § 1.27(E)(5) of this Part.
(1)In allowing any such significant change in water quality, the Director shall assure water quality adequate to fully protect existing and designated uses.
d.In allowing a change in water quality, significant or insignificant, all reasonable measures to minimize the change shall be implemented.
(1)Adequate scientifically valid documentation shall demonstrate that existing and designated uses, water quality to protect those uses, and all applicable water quality standards, will be fully protected.
(2)Achievement of the highest statutory and regulatory requirements for all new and existing point sources and all cost effective and reasonable best management practices for nonpoint source controls, shall be assured.
3.Special Resource Protection Water - If the waterbody is a Special Resource Protection Water (SRPW), a special subset of High Quality Waters, additional requirements appear in Tier 2 1/2 of this Antidegradation Policy.
4.Outstanding National Resource Water - If the waterbody is an Outstanding National Resource Water (ONRW), a special subset of High Quality Waters, additional requirements appear in Tier 3 of this Antidegradation Policy.
E.Assessment Process for Determining Special Resource Protection and Outstanding National Resource Waters
1.Assess waterbody for high quality on a parameter-by-parameter basis:
a.Characterize the existing instream water quality and compare to the State's instream water quality criteria to assess for high quality water on a parameter-by-parameter basis.
(1)Instream water quality is characterized by the applicable flows associated with the most adverse conditions as stated in § 1.10(C) of this Part, background water quality levels (as determined by the Director), and all point source loadings and nonpoint source contributions and in accordance with § 1.12(B) of this Part.
(2)If this analysis indicates that the water is not high quality, then Tier 1 of the policy is the applicable level of protection.
(3)If this analysis indicates that the water is high quality, then continue with the Tier 2 antidegradation evaluation.
2.Define the remaining assimilative capacity of the receiving water:
a.The remaining assimilative capacity or buffer of the receiving water is equivalent to the difference between the State's instream water quality criteria and the existing instream water quality.
3.Request and obtain evidence/data for applications involving activities potentially impacting High Quality Waters:
a.If it is determined that a high quality water is involved in a request for an approval of a discharge or other activity, and sufficient supplemental data is not available, RIDEM may request that the applicant provide, at a minimum, the following information prepared by a qualified professional. All engineering analyses and documentation must be prepared, stamped, and signed by a professional engineer registered in the State pursuant to R.I. Gen. Laws Chapter 5-8. All biological and scientific analyses and documentation shall be prepared by individuals qualified in the scientific field.
(1)Adequate recent instream water quality data, and engineering analyses to calculate probable water quality impacts due to the discharge or activity, and evidence that the existing instream water uses, and the level of water quality necessary to protect those uses will be maintained and protected.
(2)Adequate scientific/engineering-based evidence describing the magnitude and duration of any lowering of water quality due to the discharge or activity by itself, and in combination with other discharges or activities presently occurring. Such evidence must also show that all water quality criteria applicable to the High Quality Water in question will not be violated.
(3)All documentation required by any other applicable RI Water Quality Regulation or which the Director determines is necessary.
(4)Where RIDEM determines that the information/documentation provided by the applicant is insufficient to make a valid determination, the Department has the authority to require additional information from the applicant before a decision is made. Failure to provide the required information shall result in denial of all approvals for the activity or discharge.
4.Determine if the discharge or activity will significantly impact the waterbody:
a.For any water quality parameter, increments of water quality within any High Quality Water which exceed the minimum water quality criteria of that water's assigned water quality standard. Degradation of water quality increments by the applicant shall only be allowed if the extent of degradation expected can be adequately documented, and it can be demonstrated by the applicant through full intergovernmental coordination and public participation process that the discharge or activity is necessary to achieve important economic or social benefit to the State, as required in § 1.27(D)(2) of this Part.
b.Any new or increased discharge or activity could lower existing water quality and thus require the important benefit demonstration. RIDEM will:
(1)Evaluate applications on a case-by-case basis, using BPJ and all pertinent and available facts, including scientific and technical data and calculations as provided by the applicant; and
(2)Determine whether the incremental loss is significant enough to require the important benefits demonstration described below.
c.Some of the considerations which will be made to determine if an impact is significant in each site specific decision are:
(1)Percent change in water quality parameter value and their temporal distribution;
(2)Quality and value of the resource;
(3)Cumulative impact of discharges and activities on water quality to-date;
(4)Measurability of the change;
(5)Visibility of the change;
(6)Impact on fish and wildlife habitat; and
(7)Impact on potential and existing uses.
d.As a general guide, any discharge or activity which consumes greater than 20% of the remaining assimilative capacity § 1.27(E)(2) of this Part will be considered a significant impact and will be required to demonstrate important economic or social benefits to justify the activity § 1.27(E)(5) of this Part.
e.Any proposed percent consumption of the remaining assimilative capacity may be deemed significant and invoke full requirements to demonstrate important economic or social benefits.
5.Demonstration that the discharge or activity is necessary to achieve important economic or social benefits to the State:
a.When the Department determines from BPJ and documentation provided by the applicant that a proposed new or increased discharge or activity would result in a significant impact to the existing water quality of a High Quality waterbody, the Department requires that the applicant demonstrate by a preponderance of clear and scientifically valid evidence having a probative value that the discharge or activity is necessary to achieve important economic or social benefits to the State. The applicant shall submit evidence to the Department, including but not limited to:
(1)Adequate scientific and technical evidence describing the magnitude and duration of the lowering of water quality.
(2)Adequate evidence detailing the extent of the important economic or social benefits that will accrue to the State from the proposed activity.
(3)Adequate scientific and technical evidence which demonstrates that the discharge or activity is necessary and methods of alternative production, alternative methods of treatment, or alternative sites for the activity will not achieve the important social or economic benefits.
b.Where RIDEM determines that the information/documentation provided by the applicant is insufficient to make a valid determination, the Department has authority to require additional information from the applicant before a decision is made.
c.Upon receipt and review of the applicant's antidegradation socioeconomic benefits demonstration, the Department may either determine that the significant change in water quality is not necessary to provide important economic or social benefit and deny the proposed new or increased discharge, or tentatively accept the demonstration and provide the opportunity for public comment on the action that may lower water quality in a high quality waterbody. The public participation requirement will be met by providing the public with the opportunity to comment and the opportunity to request a public hearing § 1.27(E)(6) of this Part.
6.Public Participation
a.When the Department determines that a proposed new or increased discharge or activity would result in either significant or insignificant impacts to the existing water quality of any High Quality waterbody, the Department will cause and approve public notice to be given by the applicant, in accordance with R.I. Gen. Laws Chapter 42-35, and said notice shall include:
(1)description of the proposed activity;
(2)Statement of the State's antidegradation policy and how the activity complies with the State's policy;
(3)A determination that existing uses will be maintained and protected;
(4)Summary of the expected water quality impact;
(5)Summary of the important economic or social benefits to the State.
(6)The notice shall invite written comments to be submitted to DEM, Water Resources, and shall provide an opportunity to request a public hearing.
b.For RIPDES permit related activities, this public notice may be a part of the normal public participation procedures involved with the issuance of a RIPDES permit.
c.Intergovernmental coordination and review will be fulfilled by submitting a copy of the public notice to the following agencies, requesting comment to be submitted to DEM, Water Resources by the public comment deadline.
d.State Agencies
(1)Governor's Policy Planning Office; RI Division of Statewide Planning, Department of Administration; RI Water Resources Board; RI Department of Economic Development; RI Office of Drinking Water Quality, Department of Health; RI Coastal Resources Management Council (as applicable).
e.Federal Agencies
(1)US EPA Region I; US Army Corps of Engineers; US Fish and Wildlife Service; National Marine Fisheries Service; National Park Service (as applicable).
(2)Once all public comment has been received (following the comment deadline), the Director of RIDEM or the Director's designee will respond to all significant comments. If significant evidence of need in terms of public interest, significant new technical information, or significant and valid disagreement as to technical conclusions exist, the Director or the Director's designee will hold a public hearing.
(3)Following this public participation process, the Director or the Director's designee will render a decision as to the allowance or denial for such activity to take place. If the application is denied, the applicant may revise the submittal to decrease or eliminate the projected impact to High Quality Waters, and resubmit the application for consideration under the full review process.
F.Antidegradation Protections for Tier 2 1/2 and Tier 3
1.Tier 2 1/2 - Protection of Water Quality for SRPWs
a.Special Resource Protection Waters (SRPWs) are a special subset of High Quality Waters. SRPWs are subject not only to Tier 2 protection but also special protection under Tier 2 1/2 of the Antidegradation Policy. Waterbodies which have been designated as SRPWs are listed in § 1.28 of this Part.
b.Under Tier 2 1/2, there shall be no measurable degradation of the existing water quality necessary to protect the characteristic(s) which cause the waterbody to be designated as a SRPW. The new or increased discharge or activity will not be allowed unless the applicant can provide adequate scientific and technical documentation and engineering plans which can prove, to the satisfaction of the Director, that specific pollution controls and/or other mitigation measures and BMPs will completely eliminate any measurable impacts to water quality necessary to protect the characteristics which cause the waterbody to be designated a SRPW.
c.If the RIDEM, using BPJ and scientific and technical knowledge of proper modern pollution control engineering practices, agrees that the specified pollution controls and/or BMPs will protect the SRPW from all measurable degradation, those agreed-to measures will be conditions required of the applicant in an approval. Any avoidance of such conditions by the applicant will result in automatic revocation of the approval and potential enforcement action. The burden of proof rests on the applicant.
d.Notwithstanding that all public drinking water supplies are SRPWs, public drinking water suppliers may undertake temporary and short term activities within the boundary perimeter of a public drinking water supply impoundment for essential maintenance or to address emergency conditions in order to prevent adverse effects on public health or safety, provided that these activities comply with the requirements set forth in § 1.20(B) of this Part (Tier 1 Protection of Existing Uses) and § 1.20(C) of this Part (Tier 2 Protection of Water Quality in High Quality Waters).
2.Tier 3 - Protection of Water Quality for ONRWs
a.Outstanding National Resource Waters (ONRWs) are a special subset of High Quality Waters. ONRWs are subject not only to Tier 2 protection but also special protection under Tier 3 of the Antidegradation Policy.
b.Under Tier 3, the State cannot allow any degradation of the existing water quality necessary to protect and maintain ONRWs. There shall be no new or increased discharge to ONRWs or to tributaries to ONRWs that would result in lower water quality in the ONRW.
c.The State may allow some limited activities that result in temporary and short-term changes in the water quality of an ONRW. Such activities must not permanently degrade water quality or result in water quality lower than that necessary to protect the existing uses in the ONRW. During any period of time when, after opportunity for public participation in the decision, the State allows temporary degradation, all practical means of minimizing such degradation shall be implemented.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.28** Special Resource Protection Waters (SRPWs) {#sec-250-ricr-150-05-1-1.28 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.28}
A.The following list contains surface waters of the State which have been designated by the Department as SRPWs. RIDEM objectively established a list of SRPWs. This list of designated SRPWs includes the waterbody name, location and water quality classification for each SRPW. Additional information on SRPWs is available from RIDEM.
B.Special Resource Protection Waters (SRPWs) are high quality surface waters identified by the Director as having significant ecological or recreational uses, which may include but are not limited to: wildlife refuge or management areas; public drinking water supplies; State and Federal parks; State and Federal designated Estuarine Sanctuary Areas; waterbodies containing critical habitats, which may include but are not limited to waterbodies identified by the RIDEM Natural Heritage Program as critical habitat for rare or endangered species; wetland types or specific wetlands listed as rare, threatened, endangered, of special interest or of special concern by the RI Natural Heritage Program; waterbodies identified by the U.S. Department of the Interior on the Final List of Rivers for potential inclusion in the National Wild and Scenic Rivers System.
C.Table of Special Resource Protection Waters
Basin Name
Subbasin Name
Waterbody Name
Waterbody ID Number
Town
SRPW Categories
Recreation
Ecological Habitat
State Park
Federal Park
State Estuarine Area
Federal Estuarine Area
Critical Habitat (Rare and Endangered Species)
Unique Fresh Water Wetland
Wild & Scenic
Drinking Water Supply
Conservation Area
Blackstone River Basin
Abbott Run Brook & Tribs
Abbott Run Brook
RI0001006R-01
Cumberland
X
Blackstone River Basin
Abbott Run Brook & Tribs
Ash Swamp
RI0001006R-04
Cumberland
X
X
X
Blackstone River Basin
Abbott Run Brook & Tribs
Ash Swamp Brook
RI0001006R-04
Cumberland
X
X
Pawcatuck River Basin
Wood River & Tribs
Asheville Pond
RI0008040L-04
Hopkinton
X
X
X
X
Narragansett: Basin
Aquidneck Water Supply & Tribs
Bailey Brook
RI0007035R-01
Middletown
X
Pawtuxet River Basin
Scituate Reservoir & Tribs
Barden Reservoir
RI0006015L-06
Scituate
X
Narragansett: Basin
Barrington & Runnins Rivers
Barrington River Estuary
RI0007021E-01A/B, RI0007021R-01
Barrington,
East Providence
X
X
X
X
Thames River Basin
Beach Pond & Tribs
Beach Pond
RI0005010L-01
Exeter
X
X
X
Narragansett: Basin
West Passage Narragansett Basin
Belleville Pond
RI0007027L-02
North Kingstown
X
X
X
Pawtuxet River Basin
Big River & Tribs
Big River
RI0006012R-02
West Greenwich
X
X
Thames River Basin
Tribs to Five Mile
Bowdish Reservoir
RI0005047L-03
Glocester
X
X
X
X
Coastal Waters
Southeast Coastal Ponds
Briggs Marsh
RI0010048E-01
Little Compton
X
X
X
X
Coastal Waters
Sakonnet River
Brown Point Marsh
No WBID
Little Compton
X
Coastal Waters
Southwest Coastal Ponds
Cards Pond
RI0010043E-01
South Kingstown
X
Thames River Basin
Tribs to Five Mile
Cedar Swamp Pond
RI0005047L-05
Burrillville
X
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Chapman Pond/
Crandall Swamp
RI0008039L-01
Westerly
X
X
X
Coastal Waters
Southeast Coastal Ponds
Cold Brook
RI0010048R-01
Little Compton
X
Thames River Basin
Tribs to Five Mile
Cold Spring Brook
RI0005047R-05
Burrillville
X
X
Thames River Basin
Tribs to Five Mile
Croff Farm Brook
RI0005047R-04
Burrillville
X
X
Blackstone River Basin
Woonsocket Reservoir #3 & all Tribs
Crookfall Brook
RI0001004R-01
North Smithfield, Cumberland
X
Coastal Waters
Southwest Coastal Ponds
Deep Pond
RI0010043L-08
Charlestown
X
X
X
Blackstone River Basin
Abbott Run Brook & Tribs
Diamond Hill Reservoir
RI0001006L-01
Cumberland
X
Pawcatuck River Basin
Wood River & Tribs
Diamond Pond/Bog Complex
RI0008040R-06
Richmond
X
X
X
Coastal Waters
Sakonnet River
Donovan Marsh
No WBID
Little Compton
X
Blackstone River Basin
Abbott Run Brook & Tribs
East Sneech Brook
RI0001006R-03
Cumberland
X
X
Pawcatuck River Basin
Wood River & Tribs
Ell Pond
RI008040L-05
Hopkinton
X
X
X
X
Coastal Waters
Southwest Coastal Ponds
Factory Pond
RI0010043L-03
South Kingstown
X
X
X
Pawcatuck River Basin
Pawcatuck Rive r& Tribs
Fisherville Brook, from headwaters north of Henry Brown Rd. in West Greenwich to Route 102 in Exeter
RI0008039R-07
West Greenwich, Exeter
X
X
X
Coastal Waters
Sakonnet River
Fogland Point Marsh
No WBID
Tiverton
X
X
Coastal Waters
Block Island Waters
Fresh Pond
RI0010046L-02
New Shoreham
X
Coastal Waters
Southwest Coastal Ponds
Fresh Pond
No WBID
Charlestown
X
X
Coastal Waters
Southwest Coastal Ponds
Galilee Bird Sanctuary
RI0010043E-06A/E
Narragansett, South Kingstown
X
X
Narragansett: Basin
Aquidneck Water & Supply Tribs
Gardiner Pond
RI0007035L-01
Middletown
X
X
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Gennesee Swamp
RI0008039R-08
South Kingstown
X
X
Narragansett: Basin
Greenwich Bay
Gorton Pond
RI0007025L-01
Warwick
X
X
X
X
X
Pawcatuck River Basin
Wood River & Tribs
Grass Pond
RI0008039L-23
Richmond
X
X
X
X
Coastal Waters
Block Island Waters
Great Salt Pond and Marshes
RI0010046E-01A
New Shoreham
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Great Swamp
RI0008039L-07
South Kingstown
X
X
X
Coastal Waters
Southwest Coastal Ponds
Green Hill Pond
RI0010043E-02
South Kingstown
X
Blackstone River Basin
Abbott Run Brook & Tribs
Happy Hollow Pond
RI0001006L-03
Cumberland
X
Narragansett: Basin
Potowomut River
Hunt River
RI0007028R-03B
North Kingstown
X
X
X
Pawtuxet River Basin
Scituate Reservoir & Tribs
Huntinghouse Brook
RI0006015R-11
Scituate
X
X
Narragansett: Basin
Jamestown Water Supply
Jamestown Brook
RI0007036R-01
Jamestown
X
Narragansett: Basin
Warren Reservoir
Kickemuit Reservoir
RI0007034L-01
Warren
X
X
X
Narragansett: Basin
Aquidneck Water Supply & Tribs
Lawton Valley Reservoir
RI0007035L-06
Portsmouth
X
Coastal Waters
Southwest Coastal Ponds
Little Maschaug Pond
RI0010043L-18
Westerly
X
Pawcatuck River Basin
Tidal Pawcatuck River/Little Narragansett Bay
Little Narragansett Bay
RI0008038E-02A/B
Westerly
X
X
Blackstone River Basin
Abbott Run Brook & Tribs
Long Brook
RI0001006R-02
Cumberland
X
X
Pawcatuck River Basin
Wood River & Tribs
Long Pond
RI0008040L-20
Hopkinton
X
X
X
X
Coastal Waters
Southeast Coastal Ponds
Long Pond
RI0010048L-01
Little Compton
X
X
X
Blackstone River Basin
Blackstone River & Tribs
Lonsdale Marsh Complex (Blackstone River)
RI0001003R-01A
Lincoln, Central Falls, Cumberland
X
X
X
Narragansett: Basin
Aquidneck Water Supply & Tribs
Maidford River
RI0007035R-02A/B
Middletown
X
X
Coastal Waters
Southwest Coastal Ponds
Maschaug Pond
RI0010043E-03
Westerly
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Matunuck Hills Complex- Long, White, Spectacle, Hot House and Lily Ponds
RI0010043L-07 (Long), RI0010043L-05 (White), RI0010043L-01 (Hothouse),
No WB ID for Spectacle and Lily Ponds
South Kingstown
X
X
X
X
Pawcatuck River Basin
Pawcatuck River & Tribs
McGowan Swamp
RI0008039R-12
Westerly
X
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Meadowbrook Pond
RI0008039L-05
Richmond
X
X
X
Pawtuxet River Basin
Pawtuxet River South Branch & Tribs
Mishnock Swamp
RI0006014L-01
Coventry
X
Pawtuxet River Basin
Scituate Reservoir & Tribs
Moswansicut Pond
RI0006015L-04
Scituate
X
Narragansett: Basin
Aquidneck Water Supply Tribs
Nelson Pond
RI0007035L-02
Middletown
X
X
Coastal Waters
Southwest Coastal Ponds
Ninigret Pond
RI0010043E-04A
Charlestown
X
X
X
X
X
X
Narragansett: Basin
Aquidneck Water Supply & Tribs
Nonquit Pond
RI0007035L-08
Tiverton
X
X
Narragansett: Basin
Aquidneck Water Supply & Tribs
North Easton Pond
RI0007035L-03
Middletown
X
Narragansett: Basin
Jamestown Water Supply
North Carr Pond
RI0007036L-01
Jamestown
X
Narragansett: Basin
Palmer River
Palmer River
RI0007022E-01A/B
Barrington, Warren
X
X
X
Narragansett: Basin
Aquidneck Water Supply & Tribs
Paradise Brook
RI0007035R-03
Middletown
X
Blackstone River Basin
Abbott Run Brook & Tribs
Pawcatuck Reservoir (Arnold Mills Reservoir)
RI0001006L-02
Cumberland
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Pawcatuck River
RI0008039R-18A/C/E
Charlestown, Westerly,
South Kingstown,
Richmond, Hopkinton
X
X
X
Coastal Waters
Tribs to Pettaquamscutt River
Pettaquamscutt River (Narrow River)
RI0010044E-01A
North Kingstown, South Kingstown,
Narragansett
X
X
X
X
Pawcatuck River Basin
Wood River & Tribs
Phantom Bog
No WBID
Hopkinton
X
X
X
Coastal Waters
Southwest Coastal Ponds
Point Judith Pond
RI0010043E-06A-I
South Kingstown, Narragansett
X
X
X
Pawtuxet River Basin
Scituate Reservoir & Tribs
Ponagansett Reservoir
RI0006015L-02
Glocester
X
Pawtuxet River Basin
Scituate Reservoir & Tribs
Ponagansett River
RI0006015R-20A/B
Foster, Glocester
X
X
X
Coastal Waters
Southwest Coastal Ponds
Potters Pond
RI0010043E-05
South Kingstown
X
X
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Queen River, from William Reynolds Road in Exeter to Dugway Bridge Road in South Kingstown.
RI0008039R-21A/B/C
Exeter,
South Kingstown
X
X
X
Coastal Waters
Southeast Coastal Ponds
Quicksand Pond
RI0010048E-02
Little Compton
X
X
X
Coastal Waters
Southwest Coastal Ponds
Quonochontaug Pond
RI0010043E-07
Charlestown, Westerly
X
X
X
Pawtuxet River Basin
Scituate Reservoir & Tribs
Regulating Reservoir
RI0006015L-01
Scituate
X
Blackstone River Basin
Abbott Run Brook & Tribs
Robin Hollow Pond
RI0001006L-04
Cumberland
X
Narragansett: Basin
Barrington & Runnins River
Runnins River
RI0007021R-01
Barrington, East Providence
X
Coastal Waters
Block Island Waters
Sachem Pond
RI0010046L-03
New Shoreham
X
X
Coastal Waters
Sakonnet River
Sakonnet River -
waters in the vicinity of Sachuest Point and Third Beach, Middletown, RI as defined under the Coastal Barrier Resources Act.
RI0010031E-01B
X
X
X
X
Coastal Waters
Sakonnet River
Sakonnet River -
waters in the vicinity of Sakonnet Harbor as defined by the Coastal Barrier Resources Act.
RI0010031E-01D
X
X
X
Coastal Waters
Sakonnet River
Sakonnet River -
waters in the vicinity of Sakonnet Point as defined by the Coastal Barrier Resources Act and the US Fish and Wildlife's designation of Significant Coastal Habitat for the Rhode Island Sound - Buzzards Bay Beach Complex under the Northeast Coastal Areas Study.
RI0010031E-01B
X
X
X
Coastal Waters
Block Island Waters
Sands Pond
RI0010046L-01
New Shoreham
X
Coastal Waters
Sakonnet River
Sapowet Marsh
No WBID
Tiverton
X
X
Coastal Waters
Southwest Coastal Ponds
Schoolhouse Pond
RI0010043L-09
Charlestown
X
X
X
X
Pawtuxet River Basin
Scituate Reservoir & Tribs
Scituate Reservoir
RI0006015L-07
Scituate
X
Blackstone River Basin
Branch River & Tribs
Screech Hole Bog
No WBID
Burrillville
X
X
X
Blackstone River Basin
Branch River & Tribs
Scwindels Swamp Preserve
No WBID
Glocester
X
X
Pawtuxet River Basin
Scituate Reservoir & Tribs
Shippee Saw Mill Pond
RI0006015L-05
Foster
X
X
Coastal Waters
Southeast Coastal Ponds
Sisson Pond
RI0007035L-10
Portsmouth
X
Blackstone River Basin
Branch River & Tribs
Smith & Sayles Reservoir
RI0001002L-07
Glocester
X
X
X
Blackstone River Basin
Sneech Pond & Tribs
Sneech Pond
RI0001005L-01
Cumberland
X
Narragansett: Basin
Aquidneck Water Supply & Tribs
South Easton Pond
RI0007035L-04
Newport
X
Narragansett: Basin
Jamestown Water Supply
South Watson Pond
RI0007036L-02
Jamestown
X
X
X
Narragansett: Basin
Aquidneck Water Supply & Tribs
St. Mary’s Pond
RI0007035L-05
Portsmouth
X
Narragansett: Basin
Stafford Pond
Stafford Pond
RI0007037L-01
Tiverton
X
X
X
Coastal Waters
Southwest Coastal Ponds
Succotash Marsh
No WBID
South Kingstown
X
Pawcatuck River Basin
Wood River & Tribs
Tippencansett Pond
RI0008040L-17
West Greenwich, Exeter
X
X
X
Coastal Waters
Southwest Coastal Ponds
Trustom Pond
RI0010043E-08
South Kingstown
X
X
Coastal Waters
Southeast Coastal Ponds
Tunipus Pond
RI0010048L-04
Little Compton
X
Coastal Waters
Southwest Coastal Ponds
Twin Pond
No WBID
Narragansett
X
Blackstone River Basin
Blackstone River & Tribs
Valley Falls Pond
RI0001003L-02
Cumberland
X
X
Blackstone River Basin
Wallum Lake & Tribs
Wallum Lake
RI0001001L-01
Burrillville
X
X
X
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Watchaug Pond
RI0008039L-02
Charlestown
X
X
X
X
X
X
Narragansett: Basin
Aquidneck Water Supply & Tribs
Watson Reservoir
RI0007035L-07
Little Compton
X
Narragansett: Basin
West Passage Narragansett Bay
Wesquage Pond
RI0007027E-07
Narragansett
X
X
Pawtuxet River Basin
Scituate Reservoir & Tribs
Westconnaug Reservoir
RI0006015L-03
Scituate, Foster
X
Pawcatuck River Basin
Wood River & Tribs
Wickaboxet Pond
RI0008040L-18
West Greenwich
X
X
X
Coastal Waters
Southwest Coastal Ponds
Winnapaug Pond & Salt Marsh
RI0010043E-09
Westerly
X
X
Pawcatuck River Basin
Wood River & Tribs
Wood River
RI0008040R-16A/B/C/D
Richmond, Hopkinton, Westerly
X
X
X
Blackstone River Basin
Woonsocket Reservoir #3 & all Tribs
Woonsocket Reservoir #1
RI0001004L-02
North Smithfield
X
Blackstone River Basin
Woonsocket Reservoir #3 & all Tribs
Woonsocket Reservoir #3
RI0001004L-01
North Smithfield
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Worden Pond
RI0008039L-07
South Kingstown
X
X
X
X
X
X
Pawcatuck River Basin
Wood River & Tribs
Wyoming Pond
RI0008040L-11
Hope Valley
X
Pawcatuck River Basin
Wood River & Tribs
Yawgoog Pond
RI0008040L-07
Hopkinton
X
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Ashaway River
RI0008039R-02A
Hopkinton
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Ashaway River
RI0008039R-02B
Hopkinton
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Beaver River
RI0008039R-03
Exeter, Richmond
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Chipuxet River
RI0008039R-06C
South Kingstown
X
Pawcatuck River Basin
Pawcatuck River & Tribs
Pawcatuck River
RI0008039R-18D
Hopkinton, Westerly
X
Pawcatuck River Basin
Wood River & Tribs
Falls River
RI0008040R-07
West Greenwich, Exeter
X
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.29** Rhode Island Site Specific Aquatic Life Water Quality Criteria Development Procedure {#sec-250-ricr-150-05-1-1.29 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.29}
A.Introduction - There is valid scientific rationale for the contention that the National criteria derived using the November 28, 1980 National guidelines, 45 FR 79341, may be underprotective or overprotective at specific sites. National water quality criteria proposed under Section 304(a) (33 U.S.C. § 1314) or Section 307(a)(1) (33 U.S.C. § 1317) toxic pollutants are based on laboratory toxicity tests in which aquatic organisms were exposed to known concentration of toxicants in laboratory water and, thus, may not adequately represent site water and effluent effects. The underlying intent of adopting water quality criteria into the State’s standards is to establish a set of conditions which, if consistently achieved, will not impair the biological integrity of the aquatic community residing in the waterbody.
B.A prominent aspect of the National criteria is a provision allowing for modification to reflect local environmental conditions. Incorporating site specific water quality criteria into discharge permits will still ensure that the aquatic community is adequately protected from the effects of toxic pollutant discharges, while considering the mitigation of toxicity due to characteristics of a local waterbody and effluent. The need to reevaluate the National criteria and develop site specific criteria can emerge from many factors including:
1.High natural ambient concentrations relative to standards or criteria.
2.The presence of substances for which water quality based effluent limits are below analytical detectability.
3.The possibility of complex or synergistic interactions of chemicals within the effluent and/or site water.
4.Observed beneficial or detrimental effects on the receiving water biota.
C.RIDEM developed this site specific criteria procedure using a Mostly Sanitary Secondary Treatment Plant's (MSSTP) effluent and designated site water in 1990. Due to the uncertainties associated with the instream fate of pollutant loading after discharge, RIDEM will not allow for unchecked or maximum attenuation of toxicity by various physical/chemical parameters in every effluent. Using a MSSTP effluent will afford a consistent, predictable baseline behavior of specific pollutants when attenuated by standard sanitary, secondary effluent components (TSS, alkalinity, pH etc.) This procedure will allow for a moderate amount of attenuation of toxicity by a discharge and site water while addressing the concern of instream fate of pollutant loadings. Site specific criteria may also be developed using the procedures outlined in the EPA document entitled Interim Guidance on Determination and Use of Water-Effect Ratios for Metals (EPA-823-B-94-001). Since the EPA WER Guidance procedures allow for the evaluation of more site specific characteristics (which may attenuate toxicity) than the RIDEM policy, a more rigorous testing program may be required when following the EPA WER Guidance than that described herein.
D.The new criteria developed will be applied only to sites where there are existing discharges and will be administered uniformly to disallow any significant fluctuations in toxicity that may occur due to inconsistencies in the influent component or overall treatment.
E.Documentation of the factors that exist at a facility or within a basin, which necessitate site specific criteria development, shall be submitted to RIDEM. This documentation shall include:
1.Any previous effluent or instream bioassay test results and/or evaluation of the impact of the discharge on the resident aquatic community.
2.Characterization of existing water quality conditions at the site or within the basin.
3.The parameters for which site specific criteria are to be developed should be listed with an explanation of why the National criteria for these parameters can not be met.
4.An indication of what levels of the parameters of concern could be attained after institution of an aggressive pretreatment program and exploration of other municipal standard treatment controls.
F.The municipal effluent and site water data generated from this procedure will be applied to industries as a baseline for permit derivation.
G.The criteria developed from one site may be applied to additional sites, if it is demonstrated to the satisfaction of the Director that the hydrologic, ecological and physiographic conditions are consistent between the two sites.
H.New permit limits will be developed in accordance with applicable federal and state regulations and laws, including antibacksliding and antidegradation prohibitions.
I.Necessary modifications to all permits will be based on compliance bioassay monitoring results.
J.Methodology - The RIDEM site specific criteria testing protocol narrowly limits the degree to which mitigation of toxicity may be considered. The RIDEM policy allows that the criteria may be applicable to a number of discharges and site waters. However, the RIDEM protocol is expected to result in more stringent criteria compared to the criteria resulting from following the EPA WER Guidance. EPA's WER Guidance (EPA-823-B-94-001) should be consulted for further information concerning alternative testing and data analysis procedures.
1.The site specific criteria shall be developed using a Mostly Sanitary Secondary Treatment Plant's (MSSTP, as designated by RIDEM) effluent with site water. This MSSTP will be a standard secondary facility with little or no industrial input. An efficient Wastewater Treatment facility which handles primarily domestic flow will offer the situation of limited buffering of toxicity due to chemicals from industrial inputs and/or domestic organic loadings to the WWTF. This set of tests will represent a best case scenario which can be applied to almost all facilities in the State. Future routine toxicity test results shall be used to monitor continued compliance and may determine if more stringent or lenient permit limits and/or requirements are needed for all facilities.
2.The site should be defined on the basis of expected changes in the relevant parameters' biological availability and/or toxicity due to physical and chemical variability of the site water.
a.These changes in toxicity cannot result from components present in the effluent of an upstream discharge.
b.Due to the complexity of factors, RIDEM will be responsible for delineating sites.
c.It is expected that a site and site water will be defined on a basin-wide level.
3.These bioassay tests shall be conducted in accordance with protocol listed in as specified in § 1.29 of this Part. Additional methods such as protocols listed in 40 C.F.R. § 136, incorporated above in § 1.3(A) of this Part, may be considered at the discretion of the Director.
a.At a minimum, these tests shall consist of acute toxicity testing of 2 species including a fish (freshwater = fathead minnow, Pimephales promelas; marine = silversides, Menidia spp.) and an invertebrate (freshwater = Ceriodaphnia spp.; marine = shrimp, Mysidopsis bahia).
b.Effluent testing shall be conducted on a pre-chlorinated, 24 hour flow proportioned (samples collected hourly), composite effluent sample of the MSSTP. A 100% effluent sample shall be analyzed to determine the concentration(s) of the parameter(s) of concern.
4.Acute tests shall be run on the MSSTP effluent diluted with a designated site water (MSSTP mixture) at a ratio of 20 site water:1 effluent, because it represents 75% of the dilution factors established for discharges in Rhode Island.
a.The Director may approve a testing protocol which is based upon the actual ratio of effluent and site water which will result under the receiving water design flow specified in § 1.10(C) of this Part. In this case, the site specific criteria will only be applicable to the particular site evaluated.
b.An acute screening test shall be conducted on the MSSTP mixture sample, by spiking with one toxicant of concern at concentrations high enough to determine a statistically valid LC50, which is <100%, for that toxicant relevant to each species being tested. Then at least five toxicant concentrations, spaced evenly above and below the previously determined LC50, and a control shall be tested.
(1)Two replicates per concentration are required and the number of organisms per replicate will depend on the species being tested.
c.In the case of freshwater testing, the hardness of the site water must be monitored at the time the tests are conducted to allow for calculations of the criteria based on hardness.
d.Each complete set of tests shall be conducted on three different occasions (dates).
(1)Chemical analyses, including hardness, of the site water and MSSTP effluent combined sample will have to be conducted to confirm the concentration of the spiked chemical on selected dilutions during each testing occasion.
e.Selected dilutions shall include low, medium, and high concentrations on one replicate and one species.
(1)Chemical analyses of these dilutions shall be conducted on a portion of the sample taken immediately prior to the addition of the organisms.
f.Dissolved metal analyses must be conducted if the results of the toxicity testing will be used to establish site specific criteria for dissolved metals.
g.Similar tests shall be conducted on a control of laboratory water spiked with the toxicant of concern at concentrations not only equivalent to those observed in the effluent, but also which will allow for a statistical comparison with the National criteria.
h.Using the data from both sets of replicates, the LC50, standard deviation, and 95% confidence intervals shall be obtained for each species tested in the laboratory water, relative to each toxicant of concern, for each of the three testing occasions. The laboratory water LC50 test results shall be compared to the National acute LC50 values obtained for each testing occasion to confirm the validity of these site specific tests.
i.Using the data from both sets of replicates, the LC50, standard deviation, and 95% confidence intervals shall be obtained for each species tested in the MSSTP mixture, relative to each toxicant of concern for each of the valid testing occasions.
j.Species-specific water effect ratio shall be calculated for each of the valid testing occasions by dividing the laboratory water LC50 into the MSSTP mixture LC50.
k.Two species-specific final WER shall be calculated as the geometric mean of the valid WERs (from each species).
(1)These two specific WERs shall be compared to see if they are significantly different (p < 0.05). If these two species-specific WERs are not different, then the final site specific WER is the geometric mean of these two WERs. If the two species-specific water effect ratios are statistically different, then the WER from the most sensitive species shall be the final site specific WER.
l.If the final site specific WER is not significantly different from a value of one (1.0), then the National Acute Criteria is the Site Specific acute criteria. If the final site specific WER is significantly different from a value of one (1.0), then the Site Specific Criteria shall be calculated by multiplying the final site specific WER times the National freshwater acute criteria formula or the National saltwater acute criteria, as appropriate.
m.The Director may determine not to use all of the valid testing occasions to calculate the final site specific WER if necessary to protect aquatic life.
5.If a National acute/chronic ratio was used to develop the National chronic criteria for the chemical of interest, the site specific chronic criteria is calculated by multiplying the site specific acute criteria by 2 and then dividing by the National acute/chronic ratio.
6.If the National acute/chronic ratio for the toxicant of concern does not exist, a site specific chronic criteria can also be obtained by testing species for chronic toxicity. Tests shall be conducted using the same species requirements within §§ 1.29(I)(3)(a) and 1.27(I)(4) of this Part.
a.The Director may approve a testing protocol which is based upon the actual ratio of effluent and site water which will result under the receiving water design flow specified in § 1.10(C) of this Part. In this case the site specific criteria will only be applicable to the particular site evaluated.
b.The chronic tests shall be conducted in accordance with protocol listed in 40 C.F.R. § 136, incorporated above in § 1.3(A) of this Part, incorporating any deviations from protocol listed below.
c.A chronic screening test shall be conducted on the MSSTP and site dilution water mixture by spiking with one toxicant of concern at concentrations high enough to determine a statistically valid chronic toxic effect value for that toxicant relevant to each species being tested. Then at least five toxicant concentrations, spaced evenly above and below the previously determined chronic toxic effect value, and a control, shall be tested.
(1)The number of replicates per concentration and the number of organisms per replicate will depend on the species being tested in accordance with the EPA protocol.
d.Chronic testing will also follow the requirements listed in §§ 1.29(I)(4)(c) through (e) of this Part.
e.Using the data from all sets of replicates, the No Observed Effect Concentration (NOEC), Lowest Observed Effect Concentration (LOEC), and Maximum Acceptable Toxicant Concentration (MATC) for each species tested in the lab water tests, relative to each toxicant of concern, for each of the three testing occasions. The results of the laboratory water test obtained for each testing occasion are compared with the National chronic value to determine the validity of these site specific tests.
f.Using the data from all sets of replicates, the No Observed Effect Concentration (NOEC), Lowest Observed Effect Concentration (LOEC), and Maximum Acceptable Toxicant Concentration (MATC) shall be obtained for each species tested in the MSSTP effluent, relative to each toxicant of concern for each of the valid testing occasions.
g.Species-specific water effect ratios shall be calculated for each of the valid occasions by dividing the chronic value from the laboratory water test into the chronic value from the MSSTP effluent test.
h.Two species-specific final WERs shall be calculated as the geometric mean of the valid WERs (from each species).
(1)If the two species-specific WERs are not significantly different (confidence limits overlap), then the final site specific WER is the geometric mean of these two WERs. If the two species-specific final WERs are significantly different from each other, then the WER from the most sensitive species shall be the final site specific WER.
i.If the final site specific WER is not significantly different from a value of one (1.0), then the National chronic criteria equals the site specific chronic criteria. If the final site specific WER is significantly different from a value of one (1.0), the site specific Chronic Criteria can be calculated by multiplying the final site specific WER by the National Freshwater Chronic Criteria Formula or the National Saltwater Chronic Criteria, as appropriate.
j.The Director may determine not to use all of the valid testing occasions to calculate the final site specific WER if necessary to protect aquatic life.
K.Permit Limits and Requirements
1.The information obtained from the three testing occasions will be reviewed by RIDEM to determine the Final Site Specific criteria for each parameter evaluated.
2.If the results from these test procedures do not change the National criteria, the National criteria would apply to all dischargers on the waterbody and would be used to derive permit limits where necessary. Chemical specific limits will be developed for those pollutants which would cause an excursion above the National criteria and will be incorporated into permits on a case-by-case basis.
a.Dischargers would be required to redesign their facility, if necessary, to ensure compliance with the National criteria and permit limits. Bioassay monitoring requirements and whole effluent toxicity (WET) limits may be developed and incorporate into permits, as necessary, based on previous bioassay test results, continual toxicity during compliance monitoring and new data from dilution studies.
3.If the results from these test procedures justify changing the National criterion to a site specific criterion, these new ambient criteria would apply to all dischargers on within the designated site and would be used to derive permit limits.
a.For freshwaters, the site specific criteria will be established by multiplying the National criteria, determined at the hardness anticipated during the design receiving water flow, by the final water effect ratio(s).
b.These permits may include chemical specific limits and/or whole effluent toxicity limits. Whole effluent toxicity limits and specifics of bioassay monitoring requirements will be based on previous bioassay test results, continual toxicity during compliance monitoring and new data from dilution studies.
4.If toxicity testing is incorporated into a permit,
a.Facilities with 20:1, or less dilution may be required to conduct chronic toxicity tests.
b.Facilities with a 20.1-100:1 dilution may be required to conduct acute tests.
c.Facilities with greater than 100:1 dilution may also be required to conduct acute toxicity tests.
d.WET limits may be developed based on EPA's acute and/or chronic Toxic Units Method although meeting a minimum LC50 may be required if best professional judgement deems it is necessary.
e.Toxicity Identification Evaluations (TIE) and Toxicity Reduction Evaluations (TRE) may be required of any discharger if bioassay compliance monitoring indicates continual toxicity.
f.Bioassessment studies may be required to ensure the integrity of the instream aquatic community.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.30** Surface Water Quality Action Levels for Per- and Polyfluoroalkyl Substances (PFAS) {#sec-250-ricr-150-05-1-1.30 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.30}
A.The purpose of an action level is to provide information to the Department that may be reflective of sources of emerging contaminants. This part establishes a process by which the Department shall be notified of, and by which it may seek, additional information and data on potential sources of PFAS in surface waters. This part specifies concentration levels which, if exceeded, requires notification of the Department as describe in § 1.30(D) of this Part. These action levels are not applicable as ambient water quality criteria.
B.The following numerical surface water quality action levels for specific per- and polyfluoroalkyl substances are applicable to Rhode Island surface waters.
1.[PFOA] + [PFOS] + [PFHxS] + [PFNA] + [PFHpA] + [PFDA] + [PFHxA] + [PFPeA] is equal to or greater than 70 nanograms per liter
Where,
PFOA = perfluorooctanoic acid
PFOS = perfluorooctane sulfonate
PFHxS = perfluorohexane sulfonic acid
PFNA = perfluorononanoic acid
PFHpA = perfluoroheptanoic acid
PFDA = perfluorodecanoic acid
PFHxA = perfluorohexanoic acid
PFPeA = perfluoropentanoic acid
C.Determination of Exceedances of Action Levels
1.Exceedance of the surface water quality action level shall be determined through analytical tests of ambient water samples from surface water bodies. Samples shall be collected in a manner to be representative of surface water quality using sampling techniques and equipment appropriate to minimize potential cross-contamination.
D.Notification to DEM of Exceedances of Surface Water Quality Action Levels
1.Notification: Any entity regulated under any of the following citations shall notify the Department in writing within 15 (Fifteen) calendar days when either receipt of an analytical sample result indicates exceedance of the action levels established in § 1.30(B)(1) of this Part has occurred or receipt of information indicates that an unauthorized discharge or release may have caused an exceedance of the action levels established in § 1.30(B)(1) of this Part:
a.216-RICR-50-05-1, “Public Drinking Water”
b.Subchapter 120-05 of this Title, “Air Resources” as applicable
c.Part 140-05-2 of this Title, “Solid Waste Landfills”
d.Part 140-25-1 of this Title, “Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials”
e.Part 140-25-2 of this Title, “Oil Pollution Control Regulations”
f.Part 140-30-1 of this Title, “Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases”
g.Subchapter 05 Part 3 of this Chapter, “Groundwater Quality Rules”,
h.Subchapter 05 Part 4 of this Chapter, “Groundwater Discharge Rules”,
i.Subchapter 10 Part 1 of this Chapter, “Regulations for the Rhode Island Pollutant Discharge Elimination System”,
j.Subchapter 10 Part 2 of this Chapter, “Rhode Island Pretreatment Regulations”
2.Entities currently or otherwise required to report to the Department under regulations cited in §§ 1.30(D)(1)(a) through (j) of this Part are exempt from separately reporting under § 1.30(D)(3) of this Part.
3.Notification Requirements:
a.Notification shall be submitted in writing via postal mail to:
(1)Rhode Island Department of Environmental Management
Office of Water Resources
235 Promenade Street, Room 200
Providence, RI 02908
(2)Or via email available per instructions at the following Departmentwebsite: https://dem.ri.gov/environmental-protection-bureau/water-resources
b.Notification shall include the following:
(1)Name, address, telephone number and email address of person notifying the Department;
(2)Name of any associated facility, property owner, or operator;
(3)Date and time, where known, of the discovery and the circumstances surrounding the discovery of the occurrence requiring notification (e.g. monitoring activity, spill response, etc.);
(4)Description of the location where the sample was collected including name of the surface water body and latitude and longitude coordinates where known;
(5)Copies of the laboratory certificates of analysis indicating the concentration of the contaminant(s) identified, the method detection limit(s), and quantitation level(s) associated with the analysis as defined in 40 C.F.R. § 136 incorporated above in § 1.3(A) of this Part, and the analytical method used;
(6)As applicable, identification of the contaminant concentration(s) in the discharge or release and the flow rate or quantity discharged/released when notification is pursuant to § 1.30(D)(1)(b) of this Part;
(7)Where known, initial determination of the source of the pollutant(s) and an estimate of the extent and/or estimated total volume of pollution; and
(8)Measures taken or proposed to be taken at or following the time of notification; and
(9)Any additional information required by the Department.
E.Responses to Exceedances of Surface Water Quality Action Levels
1.Where an action level has been exceeded, and the Department has identified a responsible regulated entity or entities as specified in relevant regulations cited in §§ 1.30(D)(1)(a) through (j) of this Part, the Department may require any one or more of the responses below:
a.Notify relevant agencies within the State
b.Notify impacted communities (e.g. abutters, water supplies, municipalities, designated watershed councils) as directed by the Department
c.Require resampling of surface water;
d.Require further site investigation and or remedial actions as specified in relevant regulations cited in § 1.30(D)(1) of this Part.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.31** Enforcement {#sec-250-ricr-150-05-1-1.31 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.31}
A.Where the Director has reason to believe that a violation of any part of the Rules herein has occurred, the Director may issue a notice of violation or immediate compliance order pursuant to R.I. Gen. Laws Chapter 42-17.1.
B.For violations that are of a continuing nature, each and every day that the violation exists shall constitute a separate and distinct violation.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
##### **250-RICR-150-05-1 § 1.32** Penalties {#sec-250-ricr-150-05-1-1.32 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-1#1.32}
A.Penalties will be assessed in accordance with the Rhode Island Rules and Regulations for Assessment of Administrative Penalties Part 130-00-1 of this Title, for any violation of these rules.
**History**
- *Amendment — effective from 2025-10-28 to current*
- *Amendment — effective from 2023-12-28 to 10/28/2025*
- *Periodic Refile — effective from 2022-01-04 to 12/28/2023*
- *Technical Revision — effective from 2018-08-19 to 01/04/2022*
- *Technical Revision — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2018-08-19 to 08/19/2018*
- *Amendment — effective from 2010-12-28 to 08/19/2018*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Technical Revision — effective from 2009-06-02 to 12/28/2010*
- *Technical Revision — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2009-06-02 to 06/02/2009*
- *Amendment — effective from 2006-07-11 to 06/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 07/11/2006*
#### **250-RICR-150-05-2** Rules and Regulations for Dredging and the Management of Dredged Materials
##### **250-RICR-150-05-2 § 2.1** Purpose {#sec-250-ricr-150-05-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.1}
A.In accordance with the Marine Waterways and Boating Facilities Act of 2001, R.I. Gen. Laws Chapter 46-6.1, the purpose of these regulations is to:
1.Ensure that dredging in the marine environment and management of the associated dredged material is conducted in a manner which is protective of groundwater and surface water quality so as to ensure the continued viability and integrity of drinking water and fish and wildlife resources.
2.Balance the need to prevent environmental degradation with the need to prevent undue delay in the planning, permitting and implementation of dredging projects.
3.Enhance and streamline the permitting process by treating dredging and management of dredged material as a distinct class of activities to be regulated on the basis of the nature and characteristics of the material to be dredged.
4.Encourage the beneficial use of dredged material for brownfields redevelopment, beach nourishment, landscaping, habitat restoration and/or creation, construction projects, landfill cover and other useful purposes.
5.Identify and list sites suitable for beneficial use and/or disposal of dredged material, and establish criteria for identifying other suitable sites.
6.Establish standards and criteria governing the dewatering of dredged material for beneficial use or disposal.
7.Ensure timely and coordinated review of applications for dredging and/or management of dredged material, consistent with timeliness and procedures set forth in statute, including internal coordination within the Department and the issuance of a single regulatory decision by the Director, as well as external coordination with the Coastal Resources Management Council and with federal agencies to the extent they have to act on a proposed project.
8.Ensure that project planning and management of dredged materials follow the ranking of priorities as set forth in statute and listed below, taking into account the nature and characteristics of the dredged material, as well as reasonable cost:
a.Beneficial use, including but not limited to beach nourishment, restoration and/or creation of habitat in the coastal zone;
b.Disposal.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.2** Authority {#sec-250-ricr-150-05-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.2}
These Rules and Regulations are promulgated pursuant to the Marine Infrastructure Maintenance Act of 1996, the Marine Waterways and Boating Facilities Act of 2001, R.I. Gen. Laws Chapter 46-6.1, and are intended to be consistent with the Hazardous Waste Management Act, R.I. Gen. Laws Chapter 23-19.1; the Fresh Water Wetlands Act, R.I. Gen. Laws § 2-1-18 et seq.; the Clean Air Act, R.I. Gen. Laws Chapter 23-23; the Groundwater Protection Act, R.I. Gen. Laws Chapter 46-13.1; the Water Pollution Act, R.I. Gen. Laws Chapter 46-12; the Coastal Resources Management Council Act, R.I. Gen. Laws Chapter 46-23; the federal Coastal Zone Management Act 16 U.S.C. § 1454 et seq.; the federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (a/k/a the federal Clean Water Act), in accordance with Chapter 42-35, and the Administrative Procedures of the R.I. Gen. Laws.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.3** Application {#sec-250-ricr-150-05-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.3}
A.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.
B.These Rules and Regulations apply to all aspects of dredging proposed in marine waters of the State of Rhode Island, and govern the issuance of all Department approvals required under state law and delegated federal law, including determinations relating to the protection of water quality, wetlands and fish and wildlife; and, to the extent applicable, the management of solid or hazardous waste. If the project involves a significant alteration to freshwater wetlands, then § 2.9(C)(4) of this Part applies.
C.These Rules and Regulations shall be implemented in accordance with a written protocol, adopted jointly by the Department and the Council for purposes of further coordinating and streamlining the interagency review of applications. The Department and the Council may update the protocol from time to time for said purposes, and shall provide a copy of the most recent version with their application materials.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.4** Definitions {#sec-250-ricr-150-05-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.4}
A.For the purposes of these regulations, the following terms shall have the following meanings:
1."Applicant" means the person, firm, partnership, corporation, public utility, government agency and/or any other organization or association seeking a determination, permit, or decision from the Department through prescribed application procedures. The applicant must be the owner of the property or easement which is the subject of the application, or must be the government agency or entity with power of condemnation over such property or easement.
2."Beach nourishment" means beach nourishment is the placement of sand at a location determined to be acceptable along the coastal profile (including underwater in the near-shore environment) to increase the recreational or habitat value of the beach or to protect the beach from erosion.
3."Beneficial use" means the use of dredged material in an environmentally protective manner for some productive purpose included, but not limited to Brownfields redevelopment, beach nourishment, landscaping and grading, landfill cover, coastal habitat restoration and/or creation, or construction.
4."Coastal zone" means the coastal waters of the state and adjacent land and other areas that are under the regulatory jurisdiction of the Coastal Resources Management Council pursuant to R.I. Gen. Laws Chapter 46-23 or the federal Coastal Zone Management Act, 16 U.S.C. § 1454 et seq.
5."CRMC" or "council" means the Rhode Island Coastal Resources Management Council.
6."Department" means the Rhode Island Department of Environmental Management.
7."Director" means the Director of the Rhode Island Department of Environmental Management.
8."Dewatering" means the process of removing excess marine water from dredged material prior to land disposal or beneficial use.
9."Disposal" means the relocation and/or placement of dredged material, other than for an approved beneficial use or managed at an approved rehandling facility, at any location for more than ninety (90) days after dewatering is completed, unless an alternative time frame is approved under § 2.11(A)(7) of this Part.
10."Disposal site" or "location" means a precise and approved geographic area within which dredged material is permitted to be disposed.
11."Dredged material" means material excavated from the marine waters of the state, including rock, gravel, sand, clay, silt, mud, organic material, and material discarded by humans.
12."Dredge window" means that portion of the year when marine fisheries resources are least susceptible to significant adverse impacts related to dredging activity or in-water disposal.
13."Dredging" means the movement of sediments from beneath surface waters by mechanical or hydraulic means.
14."Habitat" means specific type of place within an ecosystem occupied by an organism, population, or community that contains both living and nonliving components with specific biological, chemical, and physical characteristics including the basic life requirements of food, water and cover or shelter.
15."Maintenance dredging" means dredging an area within state waters to restore channels and basins to dimensions that support and maintain existing levels of use.
16."Person" means any individual, group of individuals, firm, corporation, association, partnership or private or public entity, including a district, county, city, town, or other governmental unit or agent thereof, and in the case of a corporation, any individual having active and general supervision of the properties of such corporation.
17."Rehandling facility" means a facility operated for the purpose of storing and distributing dredged material for off-site disposal or beneficial use.
18."Site" means a specific location and all contiguous land, structures, appurtenances and improvements associated with that location.
19."Site operator" means the person who is responsible for the operation of activities at a beneficial use, dewatering, or disposal site for dredged materials.
20."Site owner" means the person who owns all or a part of a beneficial use, dewatering, or disposal site for dredged materials.
21."USACE" means the United States Army Corps of Engineers, its agents or representatives.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.5** General Provisions {#sec-250-ricr-150-05-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.5}
A.No person shall perform dredging, dewatering, handling, disposal, or make beneficial use of dredged material without prior written approval from the Director, except as provided for in § 2.12 of this Part.
B.Dredging, dewatering, handling, disposal, or beneficial use of dredged material, whether licensed or unlicensed, shall not cause pollution of the waters of the United States or the State of Rhode Island so as to violate the Water Pollution Act, R.I. Gen. Laws., Chapter 46-12, the Groundwater Protection Act, R.I. Gen. Laws Chapter 46-13.1, the Fresh Water Wetlands Act, R.I. Gen. Laws § 2-1- 18 et seq., or §§ 402 and 404 of the Clean Water Act, 33 U.S.C. 1251 et seq.; or cause air pollution, including objectionable odors and fugitive dust, so as to violate the Clean Air Act, R.I. Gen. Laws Chapter 23-23 or the federal Clean Air Act, 42 U.S.C. § 7401 et seq., and any regulations promulgated under these authorities.
C.In accordance with 40 C.F.R. § 230.10, the in-water disposal of dredged material is prohibited unless:
1.There is no practicable alternative to the proposed disposal that would have less adverse impact on the aquatic ecosystem, and that would not itself have significant adverse environmental consequences. A practicable alternative is defined as one that is “available and capable of being done after taking into consideration cost, existing technology and logistics in light of the overall project purposes";
2.The disposal will not cause or contribute to violations of applicable water quality standards;
3.The disposal will not cause or contribute to significant degradation of waters of the state; or,
4.Appropriate and practicable steps to minimize the potential adverse impacts of the disposal on the aquatic environment have been taken.
D.Land dewatering, disposal or beneficial use of dredged material is prohibited in the following areas, unless the dredged material meets the criteria listed in § 2.9(B)(3) of this Part or unless the dewatering, disposal or beneficial use location is within 200 feet of the coastal zone:
1.Areas where groundwater is classified as GAA, as defined in the DEM Rules and Regulations for Groundwater Quality, Part 3 of this Subchapter;
2.Areas where groundwater is classified as GA, as defined in the DEM Rules and Regulations for Groundwater Quality, Part 3 of this Subchapter and where public water is not available; and,
3.The watershed of a drinking water reservoir or any Wellhead Protection Area as defined pursuant to the Rules and Regulations for Groundwater Quality, Part 3 of this Subchapter.
E.Land disposal of dredge material shall be placed at a location in a manner that will prevent its later erosion into a waterway or wetland.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.6** Pre-Application Process {#sec-250-ricr-150-05-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.6}
A.Before submitting an application for permission to dredge, applicants are strongly encouraged to take advantage of pre-application opportunities to consult with the Department, the Council and any other agencies with jurisdiction. The purpose of pre-application consultations is to provide applicants with guidance and assistance in preparing a complete application, including the results of an approved sampling plan, so that the application can be reviewed and acted on in accordance with the timelines set forth in statute.
B.To initiate a pre-application consultation, applicants should provide notice of a preliminary proposal to dredge to the Council. Upon receipt of such notification the Council will schedule a joint CRMC-Department pre-application meeting with the applicant. The Department shall designate a single point of contact for purposes of this and all subsequent meetings on the proposal. This point of contact will usually be a member of the Office of Technical and Customer Assistance (OTCA). Depending on the specifics and status of the application, representatives of several Department programs will be asked to participate, including in particular:
1.Office of Water Resources
2.Office of Air Resources
3.Office of Waste Management
4.Division of Fish and Wildlife
C.Following the initial pre-application meeting, the Department’s single point of contact may schedule additional pre-application meetings with the applicant to review specific regulatory requirements and their applicability to specific aspects of the proposal.
D.Review and Approval of Sediment Sampling Plan. Applicants are encouraged to use the pre-application process to develop and secure Department approval of the Sediment Sampling Plan required in § 2.7 of this Part. Approval is required before implementation of the plan. Sampling results are required as part of an application. Applicants should submit, at least 7 days prior to a pre-application meeting, a proposed Sediment Sampling Plan, in accordance with §§ 2.7(B)(1), 2.7(B)(2) and 2.7(B)(3) of this Part. Applicants may also obtain guidance and approval for initial assessments, pollutant transport analyses or background studies that may be needed as a follow-up to sediment sampling, in accordance with §§ 2.7 or 2.9(B) of this Part.
E.Review of Impacts on Fisheries, Wetlands and Other Aquatic Resources. Applicants are encouraged to use the pre-application process once the dredged material has been characterized and the disposal or beneficial use location has been identified. The process will allow the applicant to consult with the Department about existing information and the need for new information regarding aquatic resources, potential impacts from proposed activities, and means to avoid or minimize such impacts, for example through modifications to design, methodology or timing, in accordance with the provisions of §§ 2.8 through 2.11 of this Part. Applicants may also obtain a determination whether the project has potential to significantly alter freshwater wetlands so as to trigger requirements for additional documentation under § 2.9(C) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.7** Characterizing Material to be Dredged {#sec-250-ricr-150-05-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.7}
A.An application for permission to dredge must include adequate characterization of the material to be dredged, in accordance with the specific provisions set forth in these regulations and any guidance provided by the Department with the application form(s). The Department may waive a specific requirement to the extent the Department finds the requirement is not applicable or the information requested is either not necessary or already available to determine compliance.
B.The Sediment Sampling Plan must provide the following information:
1.A site plan of the area to be dredged, including topography and bathymetry;
2.The proposed depth of dredging;
3.The location of all proposed sample collection points, which must be representative of the material(s) to be dredged. Sampling points must include, but not be limited to, areas impacted by past spill events or otherwise known or suspected to contain contamination, and areas near outfalls, fueling docks or pumps;
4.Proposed testing parameters and protocols in accordance with § 2.7(C) of this Part; and,
5.Proposed sampling procedures and sample handling protocols conducted in accordance with § 2.7(F) of this Part.
C.Analysis of dredged material proposed for land disposal or beneficial use. At a minimum, the material must be tested analytically for the following parameters:
1.Grain Size Analysis (including percent moisture);
2.Polychlorinated Biphenyls (PCBs);
3.Total Petroleum Hydrocarbons (TPH);
4.Total Metals Analysis for arsenic, cadmium, chromium, copper, lead, mercury, nickel and zinc; and,
5.Semi-Volatile Organic Compounds (SVOCs).
D.Depending on the characteristics of dredged material proposed and proposed location for land disposal or beneficial use, the Department may require dredged material be tested analytically for the following parameters:
1.Leachability: Analysis of samples, using the Toxicity Characteristic Leaching Procedure (TCLP), test Method 1311, or the Synthetic Precipitation Leaching Procedure (SPLP), test Method 1312, in "Test Methods for Evaluating Solid Waste" EPA Publication SW-846 shall be required to determine compliance with GA Leachability Criteria. Determinations as to whether a material meets the definition of hazardous waste by the characteristic of toxicity must be based on results from the TCLP test;
2.Chloride sampling (mg/kg dry material) will be required after dewatering of the dredged material is completed. Samples shall be representative of the entire volume of dewatered material, and chloride sample results submitted to the Department shall include a description of the sample location. Samples will be required under the following conditions:
a.Where there is a point of groundwater use within 1750 feet of the disposal or beneficial use location, or,
b.Where there is a point of groundwater use within 400 feet of the disposal or beneficial use location, when that location is within 200 feet of the coastal zone.
3.Waiver of Testing Requirements: The Department may waive the requirement that sediments be tested for contaminants if it determines that the probability of such contamination being present is low based on the absence of suspected sources and documentation that the material being dredged is at least 90% sand with a grain size greater than 0.0625 mm, as determined in accordance with § 2.7(C)(1) of this Part. Sampling for chlorides will not be required for material proposed to be used for beach nourishment.
E.For in-water disposal of dredged material, the following guidance documents, developed by the USEPA and USACE, shall be used jointly by ACE and the applicant to develop a sampling plan:
1.Evaluation of Dredged Material Proposed for Ocean Disposal - Testing Manual (February 1991; also known as the Green Book);
2.Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal (Regional Implementation Manual); and,
3.Evaluation of Dredged Material Proposed for Discharge in Water of the U.S. - Testing Manual (February 1998; also known as the Inland Testing Manual).
F.Sampling Procedures
1.Core samples must be taken to the proposed depth of dredging including any overdraft, depending on the dredging methodology anticipated.
2.Each core shall be described. Grain size analysis shall be required for each core. A core may be homogenized unless there are distinct strata in grain size and composition, which are at least 2 feet in depth. The Department shall be notified of any cores that show grain size stratification prior to homogenizing. For cores that show grain size stratification, each strata with a depth of 2 feet or greater must be tested for grain size, Total Organic Carbon and percentage moisture.
3.Separate core samples may be composited when the grain size and likelihood of contamination is uniform based on depositional characteristics, spill history, and location of outfalls. Approval must be obtained prior to compositing the samples.
4.Samples must be collected and managed to meet the method requirements for handling, preservation and storage outlined in the documents as noted above in § 2.7(E) of this Part.
G.Approval of the Sampling Plan: Once the Department has reviewed the sampling plan and accepted it, the Department will issue a written approval of the sampling plan. Upon receipt of approval, the applicant may go forward with implementation. For in- water disposal, this evaluation will be conducted in coordination with the Council and the USACE.
H.Modification of the Sampling Plan: The applicant may only modify the sampling plan with prior approval from the Department.
I.Recognition of Results: Once the results of the sampling have been received, the applicant may request a meeting with the Department to help the applicant identify potential disposal locations and discuss refinements of the project design. If a meeting is requested pursuant to this section, the Department will notify the Council of this meeting and work with the Council to provide coordinated, multi-agency input into the project design. Following the meeting, the Department will provide written acknowledgement of the results of the sampling and a determination as to what disposal options are available to the applicant based on the results provided.
J.Sampling Results: Sampling results shall be valid for use in a dredging application for 5 years.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.8** Application for Dredging and the Management of Dredged Material {#sec-250-ricr-150-05-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.8}
A.An application for permission to dredge in the marine waters of the state and/or to dewater, dispose or make beneficial use of dredged material shall be submitted to both the Department and the Council on forms prescribed and provided by the agencies. The Department will accept applications that have been made part of a submittal to the Council, provided such part complies with all requirements set forth in these regulations and in the form(s) prescribed by the Department.
B.To be accepted as complete, an application must include, or address, at a minimum, all of the following:
1.Site plan(s), including all applicable requirements as identified in § 2.16 of this Part, Appendix A;
2.Results of the sampling conducted pursuant to the Sediment Sampling Plan, as approved by the Department in accordance with § 2.7 of this Part;
3.A description of the dredging process, including the proposed dredging method and an estimate of the length of time necessary to complete the dredging project;
4.Type of dredging equipment to be used;
5.Stamped calculations performed by a Professional Engineer with experience with dredge projects, verifying the estimated volume of dredged material;
6.Cross sectional plans of the area to be dredged. Plans must show the existing and proposed contours of the dredging area;
7.A narrative description of aquatic resources in the area to be dredged such as shellfish beds, eel grass beds, spawning areas and migratory pathways for finfish, and other aquatic resources;
8.The proposed starting and completion dates for the dredging project. Depending on the size, location and complexity of the project, the Department may require the submission of an evaluation of the impacts to fishery resources including migratory and spawning behavior and habitat, and the presence of early life stages of particular sensitivity. Dredging projects proposed outside the standard dredge window may require the submission of additional resource information;
9.The method of transport to the disposal or beneficial use area and a description of handling techniques (i.e. stockpiling, dewatering);
10.Consistency of the proposed project with the beneficial use and disposal priorities for dredged material management established in the R.I. Gen. Laws Chapter 46-6.1-2 and with the dredging plan adopted by the Council pursuant to R.I. Gen. Laws § 46-6.1-5;
11.Location(s) of dredged material dewatering, handling, disposal or beneficial use site(s);
12.Other specific information required by §§ 2.9, 2.10 and 2.11 of this Part, to the extent applicable.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.9** Land Disposal and Beneficial Use of Dredged Materials {#sec-250-ricr-150-05-2-2.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.9}
A.Applications that propose land disposal, beneficial use and beach nourishment must include, at a minimum, the following information:
1.Site plan(s), including all applicable requirements as identified in § 2.16 of this Part, Appendix A;
2.Except in the case of beach nourishment or where the dredged material meets the criteria in § 2.9(B)(3) of this Part, documentation of uses and classifications of groundwater and surface water at or around the disposal location, including:
a.Verification that the dredged material disposal or beneficial use location is not within any area prohibited in § 2.5(D) of this Part;
b.Location of points of groundwater use within 1750 feet of the disposal or beneficial use location, or, if disposal or beneficial use is proposed within 200 feet of the coastal zone, points of groundwater use within 400 feet of the disposal or beneficial use location;
3.Stamped calculations performed by a Professional Engineer with experience dredge material handling, verifying the disposal or beneficial use location capacity and the dewatering area capacity;
4.If the applicant is not the owner of the proposed dewatering, disposal or beneficial use location(s), documentation of the owner’s permission indicating the estimated volume of dredged material to be dewatered, disposed or beneficially used on his or her property.
B.Criteria for Sites Proposed for the Land Disposal or Beneficial Use of Dredged Materials:
1.Except in the case of beach nourishment or of creation or restoration of salt marsh, all dredged material proposed to be beneficially used or disposed on land must first be dewatered at a location approved in accordance with § 2.11 of this Part.
2.Dredged material proposed to be used for beach nourishment must not exceed the following criteria:
a.% Silt/Clay…………………………………… 10 percent
b.% Moisture…………………………………… 25 percent
c.Free of trash and debris
d.The Department reserves the right to require testing beyond the above listed parameters if reasonable potential exists to exceed residential direct exposure criteria or water quality criteria.
3.Dredged material that does not exceed the criteria in § 2.9(B)(2) of this Part and has a chloride concentration that does not exceed 200 mg/kg dry material may be disposed or beneficially used without further conditions.
4.Dredged material that does not exceed the Residential Direct Exposure Criteria (Table 1, § 2.8 of this Part, Rules and Regulations for the Investigation and Remediation of Hazardous Materials Releases (§ 140-30-1 of this Title), and Appendix D (§ 2.19 of this Part)) may be disposed or beneficially used as follows:
a.Where there are no points of groundwater use within 1750 feet of the proposed disposal or use location (or within 400 feet in the case of disposal or beneficial use within 200 feet of the coastal zone), the material may be disposed or beneficially used under the following conditions:
(1)Groundwater at the proposed site is classified GB, as defined in the Rules and Regulations for Groundwater Quality, Part 3 of this Subchapter; or,
(2)Groundwater at the proposed site is classified GA, as defined in the Rules and Regulations for Groundwater Quality (Part 3 of this Subchapter) the location is not prohibited in § 2.5(D) of this Part, and the material meets GA Leachability Criteria Table 2 (§ 2.8 of this Part), Rules and Regulations for the Investigation and Remediation of Hazardous Materials Releases (§140-30-1 of this Title) and Appendix D (§2.19 of this Part). Dredged material proposed for disposal or beneficial use within 200 feet of the coastal zone is not required to meet GA Leachability Criteria.
b.Where there is an existing groundwater use within 1750 feet of the proposed disposal or use location (or within 400 feet in the case of disposal or beneficial use within 200 feet of the coastal zone), and the chloride concentration of the dredged material does not exceed 200 mg/ kg dry material, the material may be disposed or beneficially used in accordance with § 2.9(B)(4)(a)(1) or 2.9(B)(4)(a)(2) of this Part.
c.Where there is an existing groundwater use within 1750 feet of the proposed disposal or use location (or within 400 feet in the case of disposal or beneficial use within 200 feet of the coastal zone), and the chloride concentration of the dredged material exceeds 200 mg/ kg dry material, an initial assessment of the impacts on the identified groundwater use must be submitted.
(1)If the initial assessment indicates, and the Department concurs, that the chloride concentration in groundwater will not exceed the federal drinking water standard of 250 mg/l at the point of groundwater use, the material may be disposed or beneficially used in accordance with § 2.9(B)(4)(a)(1) or 2.9(B)(4)(a)(2) of this Part.
(2)If the initial assessment indicates that the chloride concentration in groundwater will exceed 250 mg/l, a pollutant transport analysis may be submitted. If the pollutant transport analysis indicates, and the Department concurs, that the chloride concentration in groundwater will not exceed 250 mg/l at the point of groundwater use, the material may be disposed or beneficially used in accordance with § 2.9(B)(4)(a)(1) or 2.9(B)(4)(a)(2) of this Part.
5.Dredged material that exceeds Residential Direct Exposure Criteria but does not exceed the Commercial/Industrial Direct Exposure Criteria (Table 1 (§ 2.8 of this Part), Rules and Regulations for the Investigation and Remediation of Hazardous Materials Releases (§140-30-1 of this Title) and Appendix D (§ 2.19 of this Part)), must be disposed or beneficially used on property that is and will be used for industrial/commercial activities in accordance with an Environmental Land Use Restriction or Conservation Easement to be recorded in the land evidence records for the property or affected portions of the property. Such material may be disposed or beneficially used under the following conditions:
a.Where there are no points of groundwater use within 1750 feet of the proposed disposal or use location (or within 400 feet in the case of disposal or beneficial use within 200 feet of coastal zone), the material may be disposed or beneficially used in accordance with §§ 2.9(B)(4)(a)(1) or 2.9(B)(4)(a)(2) of this Part.
b.Where there is an existing groundwater use within 1750 feet of the proposed disposal or use location (or within 400 feet in the case of disposal or beneficial use within 200 feet of coastal zone) and the chloride concentration of the dredged material does not exceed 200 mg/ kg dry material, the material may be disposed or beneficially used where the groundwater at the proposed location is classified GB or GA, as defined in the Rules and Regulations for Groundwater Quality (Part 3 of this Subchapter), provided the location is not prohibited in § 2.5(D) of this Part, and provided the material does not exceed GA Leachability Criteria (Table 2 (§ 2.8 of this Part), Rules and Regulations for the Investigation and Remediation of Hazardous Materials Releases (§ 140-30-1 of this Title) and Appendix D (§ 2.19 of this Part)).
c.Where there is an existing groundwater use within 1750 feet of the proposed disposal or use location (or within 400 feet in the case of disposal or beneficial use within 200 feet of the coastal zone) and the chloride concentration of the dredged material exceeds 200 mg/ kg dry material, an initial assessment of the impacts on the identified groundwater use must be submitted.
If the initial assessment indicates, and the Department concurs, that the chloride concentration in groundwater will not exceed the federal drinking water standard of 250 mg/l at the point of groundwater use, the material may be disposed or beneficially used in accordance with § 2.9(B)(5)(b) of this Part.
d.If the initial assessment indicates that the chloride concentration in groundwater will exceed 250 mg/l, a pollutant transport analysis may be submitted. If the pollutant transport analysis indicates, and the Department concurs, that the chloride concentration in groundwater will not exceed 250 mg/l at the point of groundwater use, the material may be disposed or beneficially used in accordance with § 2.9(B)(5)(b) of this Part.
6.Consideration of Naturally Occurring Arsenic. Where the arsenic concentration of dredged material exceeds the Residential Direct Exposure Criteria, and there are no exceedances of any other Residential Direct Exposure Criteria, the applicant may conduct a background study of the proposed disposal and/or beneficial use location to determine whether the dredged material would cause any additional adverse impacts at the site. If the applicant chooses to conduct a background study, a proposed work plan must be submitted to the Department for review and approval. If the background study results indicate, and the Department concurs, that the concentration of arsenic in the dredged material is below the background concentration, and the background concentration is less than 7.0 mg/kg, the dredged material may be disposed or beneficially used at the proposed location without the need to file an ELUR.
7.Dredged material that exceeds Commercial/Industrial Direct Exposure Criteria must be disposed at a facility licensed to accept and manage such material.
C.Land disposal projects that may impact freshwater wetlands. The following provisions apply to land sites that contain wetlands under the jurisdiction of the Department, unless there is a valid DEM Freshwater Wetlands permit for the disturbance and other activities affecting wetlands at the site, no changes are proposed, and the disposal and/or beneficial use is carried out in accordance with the permit:
1.Site plan(s), including all applicable requirements as identified in § 2.16 of this Part, Appendix A;
2.Any land disposal or beneficial use site must be located outside of all freshwater wetlands (R.I. Gen. Law § 2-1-20) where feasible. Measures must be taken to protect wetlands adjacent to disposal sites from temporary and long-term impacts. At a minimum, erosion, sedimentation, and stormwater controls must be employed;
3.If alterations are proposed, the applicant must demonstrate that impacts to freshwater wetlands have been avoided to the maximum extent possible. If impacts cannot be avoided, an applicant must demonstrate that all alternatives to the proposed disposal or beneficial use which would not alter the natural character of any freshwater wetlands were considered and cannot be accomplished, and must further demonstrate that impacts have been minimized to the maximum extent possible. The applicant must consider and address the information listed in § 2.17 of this Part, Appendix B.
4.If the project has potential to significantly alter freshwater wetlands, the applicant will be required to file a separate Application to Alter Freshwater Wetlands, pursuant to the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.10** In-Water Disposal of Dredged Materials {#sec-250-ricr-150-05-2-2.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.10}
A.Applications that propose in-water disposal, except as provided in § 2.10(B) of this Part, must include the information listed below. Evaluation of this information will be conducted in coordination with the USACE and the CRMC and, as applicable, other information as may be required to demonstrate compliance with the § 404(b)(1) guidelines in the Clean Water Act. The Department will not issue a determination regarding in-water disposal until a suitability determination has been issued by the USACE.
1.Site plan(s), including all applicable requirements as identified in § 2.16 of this Part, Appendix A;
2.A narrative description of aquatic resources in the proposed disposal area, including but not limited to, shellfish beds, eel grass beds, migratory pathways for finfish, breeding or nursery areas and other aquatic resources;
3.Information on the past history of the proposed disposal area, including but not limited to, prior disposal activity, historical spills and analytical test data;
4.A description of how the dredged material will be deposited at the disposal location, including the frequency and quantity of each disposal event, and measures to control dispersion;
5.A narrative description of any sequencing or staging activities that may be anticipated as part of final disposal;
6.A plan for monitoring water quality impacts from the disposal activities;
7.An Alternatives Analysis describing alternatives to the proposed disposal location that were investigated in accordance with and as required by the federal 404(b)(1) guidelines;
8.§ 2.10(A)(8) of this Part, an evaluation of the impact of the dredged material on the physical, chemical and biological components of the aquatic environment. This evaluation shall follow the tiered approach for evaluating in-water disposal options as presented in the guidance documents referenced in § 2.7(E) of this Part. This analysis may include, but is not limited to, a numerical mixing model using elutriate data to evaluate the dispersion of contaminants throughout the water column as required to predict the contaminant concentrations present in the water column after consideration of mixing in order to determine compliance with water quality standards;
B.Applications that propose in-water disposal of dredged material at a federally designated location, must include information as required in §§ 2.10(A)(4)-(5) and 2.10(A)(7) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.11** Dewatering of Dredged Material {#sec-250-ricr-150-05-2-2.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.11}
A.Applications that propose dewatering must include the following information:
1.Site plan(s) and engineering plans, including all applicable requirements as identified in § 2.16 of this Part, Appendix A;
2.The selection and design of settling basins shall be consistent with the USACE publication entitled Engineering and Design, Confined Disposal of Dredged Material, Engineer Manual No. 1110-2-5027. Characterization of the dredged material, engineering computations for the system, and analysis of receiving water mixing to demonstrate the discharge will not violate water quality standards must be included. If the dewatering facility processes dredged material from multiple dredging operations, a Rhode Island Pollutant Discharge Elimination System (RIPDES) permit may also be required;
3.A determination that the proposed dewatering location(s) is not within any area prohibited in § 2.5(D) of this Part;
4.Groundwater and surface water classification(s) for the proposed dewatering location(s);
5.The dimensional area and volume of the proposed dewatering, settling and storage basins and staging areas and an estimate of the volume of material capable of being handled at any one time. The proposed basins must be shown on scale drawn site plans with cross sectional views of the berms;
6.Identification of the proposed material handling methods (i.e. hydraulic or mechanical) and an estimate of the proposed volume of runoff water expected from the material;
7.A detailed estimate of the time frame required for each aspect of the dewatering process, which includes receiving, handling, dewatering and transferring dredged material to the final disposal location(s). Where dredged material is proposed for land disposal or beneficial use, sampling for chloride concentration may be required after dewatering;
8.A complete Sediment and Erosion Control Plan describing all aspects of the material transfer; and,
9.A discussion of the proposed methods to be used to reduce material losses when offloading the dredge scows. The proposed method of collecting stormwater runoff from any storage areas and directing it to the settling basins for treatment.
B.All dewatering activities must comply with the standards and criteria for disposal or beneficial use in accordance with § 2.9 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.12** Dredged Material Rehandling Facilities {#sec-250-ricr-150-05-2-2.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.12}
A.Applications to construct and/or operate a dredged material rehandling facility shall be submitted to the both the Department and the Council on forms prescribed and provided by the agencies.
B.Applications to construct and/or operate a dredged material rehandling facility may follow the pre-application requirements in § 2.6 of this Part.
C.Siting of dredged material rehandling facilities shall comply with the General Provisions and Criteria for Sites Proposed for Land Disposal or Beneficial Use of Dredged Material in §§ 2.5(D), 2.9(B) and 2.9(C) of this Part, respectively.
D.To be considered complete, an application must include, or address, at a minimum, all of the following:
1.Any existing or pending land use restrictions;
2.Any information available on historic land use that may have impacted the site, including any past spill or known contamination events, and a demonstration that the rehandling facility will not exacerbate those conditions;
3.A demonstration that the siting of dredged material rehandling facility complies with the General Provisions and Criteria for Sites Proposed for Land Disposal or Beneficial Use of Dredged Material in §§ 2.5(D), 2.9(B) and 2.9(C) of this Part, respectively;
4.Site plan(s), including all applicable requirements as identified in § 2.16 of this Part, Appendix A.
5.An Operating Plan, including a thorough description of the following in narrative format:
a.Operating hours;
b.Operating and design capacities;
c.Dust control program;
d.Odor control program;
e.Methods for accepting dredged materials, dewatering, if necessary, and storage and segregation of different classes of dredged materials. Classification must be based on testing performed prior to dredging operations. Dredged materials may be classified as materials that do not exceed the standards for beach nourishment, Residential Direct Exposure Criteria, or Commercial/Industrial Direct Exposure Criteria. If a facility chooses not to segregate dredged materials, all materials will be classified as the most contaminated stored in the stockpile;
f.Anticipated length of time required for dewatering various grades of dredged material at the facility;
g.Methods and/or equipment used for any processing operations, including separation techniques and storage and/or handling procedures and storage of segregated materials;
h.Anticipated interactions, or areas of overlap, with other materials management operations at the facility;
i.A contingency plan for extreme circumstances, including but not limited to, steps to be taken if dredged material were mistakenly released at the dock or at other locations on route to the dewatering site, if the dewatering basin(s) and storage facilities were reaching capacity due to slower than expected dewatering times, or in the event of failure of the containment berms;
j.Any additional sampling and analysis of dredged materials that may be required for off-site disposal or beneficial use, in accordance with § 2.9(B) of this Part;
k.Proposed long-term maintenance schedule for the proposed stormwater drainage structures;
l.Methods for ensuring that dredged material proposed for off-site distribution is disposed or beneficially used in accordance with the applicable requirements of §§ 2.5(D), 2.9(B) and 2.9(C) of this Part.
E.Operating Requirements
1.The rehandling facility must dispose of any dredged material that exceeds Commercial/Industrial Direct Exposure Criteria at a facility licensed to accept and manage such material.
2.The rehandling facility must ensure that dredged material distributed from the facility is disposed or beneficially used in accordance with §§ 2.5(D), 2.9(B) and 2.9(C) of this Part.
3.The facility must provide written notification to the owner of the property proposed for disposal/beneficial use of dredged material of the requirements specified in §§ 2.5(D), 2.9(B) and 2.9(C) of this Part.
4.The rehandling facility must develop and maintain a tracking system to document that dredged material distributed from the facility has been disposed or beneficially used in accordance with the applicable requirements of §§ 2.5(D), 2.9(B) and 2.9(C) of this Part.
5.The facility shall identify to the Department a qualified staff person to act as the Environmental Compliance Officer (ECO) for the facility.
6.Records must be maintained at the facility and available for Department review upon request.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.13** Review and Processing of Applications {#sec-250-ricr-150-05-2-2.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.13}
A.General Evaluation Criteria: In reviewing the application, the Department may use, but is not limited to, the following documents: the most recent version of the Rhode Island Soil Erosion and Sediment Control Handbook, developed jointly by RIDEM and U.S. Department of Agriculture Natural Resources Conservation Service; State of Rhode Island Stormwater Design and Installation Standards Manual, developed jointly by RIDEM and Coastal Resources Management Council; Storm Water Management for Construction Activities (EPA 832-R-92-005), U.S. Environmental Protection Agency; the Technical Support Document for Water Quality-based Toxics Control, March 1991, EPA/505/2-90-001; Evaluation of Dredged Material Proposed for Ocean Disposal -Testing Manual, February 1991, EPA-503/8-91/001; Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal, developed by the USEPA and the USACE; Evaluation of Dredged Material Proposed for Discharge in Water of the U.S. – Testing Manual, 1998, developed by USEPA and USACE; Interim Regional Policy for New England Stream Flow Recommendations, U. S. Department of Interior, Fish and Wildlife Service; Water Quality Standards Handbook, 2nd. Ed., August 1994, EPA-823-B-94-005a; § 404(b)(1) Guidelines of the Clean Water Act, December 1980; and regulations, laws, standards or policies accepted by the Department.
B.Application Completeness
1.Upon receipt of an application, the Department will review the application for completeness and shall, within thirty (30) days, notify the applicant in writing whether the application is complete.
2.If the application is incomplete, the Department shall list the information necessary to make the application complete and shall specify in the notice of deficiency a date for submitting the necessary information. Where the Department has deemed an application to be deficient, the processing of the application will be suspended and the applicant shall correct said deficiencies to the satisfaction of the Department.
3.If the applicant fails or refuses to correct said deficiencies within the specified time period, and if an extension has not been granted by the Department, the permit will be denied.
4.Certification of Complete Applications: Once an application pursuant to these regulations is considered complete, the Department may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete, but if the applicant fails or refuses to submit such information, the permit may be denied.
C.Timelines for Reviewing Complete Applications
1.The Department will complete reviews of applications for maintenance dredging projects and the Director will forward the Department's decision to the applicant and a copy to CRMC within one hundred and eighty (180) days of determining that the application is complete.
2.The Department will complete reviews of applications for new or expanded dredging projects and the Director will forward the Department's decision to the applicant and a copy to CRMC within five hundred and forty (540) days of determining that the application is complete.
3.An application that includes in-water disposal shall not be considered for decision unless a suitability determination has been issued by the USACE for the proposed disposal location.
D.Public Notice and Consideration of Public Comment
1.Public Notice - Upon determination that an application to dredge is complete, the applicant shall provide written notice, in a form approved in writing by the Department, of the proposed project to all abutters of any property upon which new dredging or dewatering or maintenance dredging of over ten thousand cubic yards of dredge material are proposed and all abutters of any property where beneficial use or disposal of dredge material will occur, and to any other such persons, agencies or organizations deemed necessary by the Director.
a.For projects involving beneficial reuse or disposal, the applicant shall also notify all parties within 1750 feet of the proposed site of beneficial reuse or disposal or publish a notice in a daily or weekly newspaper with circulation in the involved area.
b.For projects involving in-water disposal of over ten thousand cubic yards of dredge material, the applicant will publish notice, in a form approved in writing by the Department, in a daily newspaper with statewide circulation. For projects involving in-water disposal of over ten thousand cubic yards of dredge material, the Department may also require the applicant to publish notice, in a form approved in writing by the Department, in an additional daily or weekly newspaper with circulation that includes the community nearest the proposed location for in-water disposal.
2.Comment Period - The notice will provide for a thirty-day comment period during which time all interested persons may provide written comments or request a hearing on the dredging project proposed by the application.
3.Public Hearing - The Director may provide an opportunity for an oral comments if a hearing is requested by twenty-five (25) persons, or by a governmental subdivision or agency, or by an association having not less than twenty-five (25) members. The applicant, all persons receiving notice under § 2.13(E) of this Part, and all persons submitting comments or requesting a hearing under § 2.13(E)(1) of this Part shall be notified by the applicant, in a form approved in writing by the Department, at least (14) days in advance, of the time and place of the hearing.
4.Consideration of Comments - The Director shall consider all written and oral comments and may approve modifications to the application package made in response to comments received, without requiring another notice and comment period.
5.Notice of Decision - All persons who submit comments, either orally at the hearing or in writing, shall receive written notice of the final agency decision on the application.
6.Modifications - The Director may approve modifications to an approved dredging project without further notice, provided that the project had been noticed in accordance with this section, and such modifications are minor in nature and will have little or no adverse environmental impact.
E.Appeals
1.Right to Appeal Department Decision: Any person whose dredging permit application is denied by the Department may appeal to the Director for review of the Department’s decision on which the denial is based by filing an appeal with the Administrative Adjudication Division.
2.Appeal Procedures
a.Filing of Appeal - All appeals shall be in writing and shall be filed with and received by the Department's Administrative Adjudication Division within twenty (20) days of the effective date of the denial of the subject application.
b.Contents of Appeal - Every appeal shall contain a detailed basis upon which the appeal is taken and a certified check, bank draft or money order in the amount of one thousand five hundred ($1,500) dollars.
c.Notice of Administrative Hearing - Upon receipt of an appeal, the Administrative Adjudication Division shall notify the following, by first class mail, of the date, time and place of the adjudicatory hearing, in conformance with R.I. Gen. Laws § 42-35-9, the applicant and all other persons who received notice pursuant to § 2.5 in this Part.
d.Conduct of Hearing - The notice and conduct of the hearing by the Administrative Adjudication Division shall comply in all respects with the administrative procedures set forth in R.I. Gen. Laws Chapter 42-35 and the Rules of Practice and Procedure for the Administrative Adjudication Division for Environmental Matters.
3.Burden of Proof and Standard of Review - At the adjudicatory hearing, the applicant shall have the burden of proof to demonstrate through clear and convincing evidence that:
a.A literal enforcement of the regulations will result in unnecessary hardship;
b.That the dredging project proposed in the application complies with R.I. Gen. Laws Chapter 46-6.1; and,
c.That the issuance of a permit will not be contrary to the public interest, public health and the environment.
4.Right to Appeal Council Decision - Any interested party may file a substantive formal written objection and/or request for hearing on dredging permit decisions made by the Council pursuant to the Council’s Management Procedures.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.14** Severability {#sec-250-ricr-150-05-2-2.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.14}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.15** Superseded Rules and Regulations {#sec-250-ricr-150-05-2-2.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.15}
On the effective date of these Rules and Regulations, all previous State of Rhode Island Rules and Regulations, and any RI DEM policies regarding the administration and enforcement of the Marine Waterways and Boating Facilities Act of 2001, R.I. Gen. Laws Chapter 46-6.1 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.16** Appendix A - Application Site Plan Requirements {#sec-250-ricr-150-05-2-2.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.16}
A.All site plans must be at least 8-1/2" x 11" in size but no larger than 24" x 36". If plans larger than 8-1/2” x 11” are utilized, one set of plans reduced to 8-1/2” x 11” are required with the CRMC application package.
B.All site plans depicting projects submitted for review and/or approval must have all markings permanently fixed. Site plans which are pieced together with tape or contain markings of pen, pencil, crayon, markers or other items which can be changed or altered at a later date are not acceptable. Blueline or blackline prints or photocopies of originals are acceptable.
C.All site plans must contain a title block, original date of the plan and latest revision date of the plan if applicable. The title block must include the name of the person or party involved, the proposed project title if any, the principal street/road abutting the site, the tax assessor's plat and lot number(s), the city or town, the name of the preparer and the scale of the plan.
D.All site plans must be prepared by a licensed or registered professional and must contain the stamp of the professional affixed to each sheet prepared along with the date and the signature of the Professional. Only one datum for the project shall be utilized. The applicant shall also provide proof of property ownership.
E.All site plans containing more than one (1) sheet must be numbered consecutively. For all projects, site plans must depict at minimum, the following:
1. Magnetic North Arrow;
2. Entire property boundary outline and dimension;
3.Insert map showing location of site in the community;
4. A locus using USGS quadrangle map;
5.All streets and rights of way within 50 feet of the property lines of the proposed activity with fixed reference points including utility poles, house numbers, stone walls, bulkheads, buildings, edge of woods/fields, trails, parking areas, above and underground utilities, drainage structures and any other infrastructure on-site or within 50 feet of the property lines(s).
6.Fixed referenced points including, but not limited to, stone walls, buildings, structures, fences, edge of fields/woods, trails, bulkheads, access roads, and parking lots;
7.Scale of plans; with graphic scale if plans are reduced;
8.A legend which explains all markings and/or symbols.
9.Surface Water Bodies.
10.Delineation of all freshwater and coastal wetland jurisdictional areas of the DEM, Council and ACOE within 100 feet of the property lines of the project;
11.Any jurisdictional area that extends beyond the property line shall be shown for 100 feet beyond the property line.
12.Mean High Water (MHW) and Mean Low Water (MLW) at NGVD.
13.Existing and proposed utilities and drainage facilities;
F.For projects proposing dredging, the following must be included:
1.The area to be dredged with separate plans showing the existing and proposed contours of the dredging area;
2.Cross sectional views in two directions with a maximum spacing of 200’ of the area to be dredged showing the existing and proposed contours of the dredging area;
3.In-water facilities, such as docks, piers, floats, etc. within 100 feet of the property line including all moorings;
4.Location of federal navigation projects, such as channels, anchorage areas, etc.;
5.Mean high and mean low water elevations;
6.The datum used to reference all grades and depths;
7.Location of aquatic resources in the area such as shellfish beds, eel grass beds, migratory pathways, habitat for finfish.
8.Location of sampling points.
G.For projects proposing dewatering, the following must be included:
1.Separate site plans that detail the existing conditions and topography at two-foot intervals and proposed site conditions and topography at two-foot intervals. All existing topography and proposed grading shall be shown 50 feet beyond the property lines;
2.The existing plans shall detail the groundwater classification of the site, zoning designations and the FEMA limits and elevations.
3.Proposed limits of disturbance of the dredge area including all sides slopes of the dewatering area, of any stock pile area, construction vehicle access/storage;
4.Existing and proposed contour lines at two foot intervals;
5.Proposed limits of disturbance;
6.Temporary and permanent erosion and sediment controls;
7.Temporary and permanent stormwater and water quality management controls and best management practices;
8.Location of all proposed dewatering basins, settling basins, and storage areas for all dredged material;
9.Cross-sectional views of the settling basins, including wall construction and volume calculations;
10.Details of the berms, overflow and outlet weirs and runoff collection systems associated with the proposed basins and all point source discharge locations. The selection and design of settling basins shall be consistent with the USACE publication entitled Engineering and Design, Confined Disposal of Dredged Material, Engineer Manual No. 1110-2-5027.
11.Location of any pier or dock proposed for transfer or off-loading of dredged material from scows to land and their position relative to the dredge site and the proposed dewatering location including certification by a professional that such facilities are adequate for the proposed purpose;
12.All access roads to be utilized by trucks for offloading, transferring or removing dredged material to the dewatering location(s) and final disposal location(s);
13.Certification by a Professional Engineer that all adjacent structures (within 25 feet of the limit of disturbance) have the capacity to withstand the proposed dredging/dewatering operations and that the stability has been investigated and will not be effected;
14.Location of all wells within 1750 feet.
H.For projects proposing in-water disposal of dredged material, the following must be included:
1.Site plans of the disposal area showing existing bottom contours and those that will result from disposal activities, including the geographic extent of filling, mean high and low water marks, and the datum used to establish all grades;
2.Cross sectional plans of the area where disposal will take place (unless disposal is to the CAD). Plans must show existing and proposed contours.
3.Show access points to disposal location.
4.Indicate natural resources in and around the disposal location (i.e. eelgrass, shellfish etc.).
I.For projects proposing land disposal or beneficial use of dredged materials, the following must be included:
1.Location of the disposal/beneficial use area including area 100 feet beyond the proposed limits of disposal/reuse;
2.Separate plans detailing the existing and proposed conditions including contours of two-foot intervals. This is not required for landfill disposal but is required for all types of land disposal/beneficial use;
3.Cross sections of the land disposal/reuse in two directions at 200’ maximum spacing;
4.Describe the method of placement of dredge material at the site including access points and any disturbance placement may cause.
5.Existing and proposed contours of the disposal/beneficial use area;
6.Groundwater classification of the disposal/beneficial use area;
7.The edge and elevation of any flood plain and the limit of any floodway (on the project datum);
8.The location of all wells within 1750 feet;
9.Zoning approval from municipality;
10.Temporary and permanent erosion and sediment controls;
11.Temporary and permanent stormwater and water quality management controls and best management practices;
12.Show all dewatering and stockpile locations.
J.For projects proposing beach nourishment, the following must be included.
1.Location of the beach nourishment use area including area 100 feet beyond the proposed limits of disposal/reuse;
2.Separate plans detailing the existing conditions and proposed nourishment locations including contours of two-foot intervals.
3.Locations of any sensitive habitat near the proposed beach nourishment site (including SAV, rock lobster habitat, coastal wetlands, etc.).
K.For projects involving freshwater wetlands, the following must be included:
1.The edge of any swamp; marsh; bog; pond; emergent, submergent, shrub, or forested wetland; or any special aquatic site;
2.The edge of any river, stream, intermittent stream, area subject to flooding and/or storm flowage;
3.The edge of any fifty-foot (50') perimeter wetland;
4.The edge of any one hundred foot (100') or two hundred foot (200') riverbank wetland;
5.The edge and elevation of any flood plain and the limit of any floodway; Note: The Department may grant an exception to this requirement when pre-determined 100-year flood elevations are not available from published sources including previous engineering studies, and a registered professional engineer provides clear and convincing documented evidence that the project site is above any probable 100-year flood elevation;
6.The name of any surface or flowing water body or any other wetland where applicable;
7.Where changes to existing grades are proposed, the plan shall show both existing and proposed contour line elevations at maximum intervals of two (2') feet. Where no changes to grades are proposed, include a notation which so indicates;
8.Profiles and/or cross sections drawn to scale;
9.Proposed limits of all vegetative clearing and surface or subsurface disturbance;
10.Temporary and permanent erosion and sediment controls;
11.Temporary and permanent stormwater, flood protection and/or water quality management controls, and best management practices;
12.Proposed measures to conduct, contain or otherwise control the movements of surface water, groundwater, or stormwater flows; and the ultimate destination of such flows;
13.Construction activities either above or below the earth's surface which may affect any wetland including the height of planned buildings.
L.For rehandling facility projects, the following must be included:
1.The location of all wells within 1750 feet;
2.All existing and proposed infrastructure, including roadways; surface and subsurface utilities; sewer and sanitary lines, water quality structures;
3.All existing and proposed site drainage facilities, both above surface and subsurface;
4.Proposed locations of loading and unloading areas;
5.Proposed location of processing, tipping, sorting, and treatment areas;
6.Cross sections of proposed storage basins, berms;
7.Cross sections and/or details for any proposed structure;
8.Proposed sedimentation and erosion controls;
9.Proposed weighing facilities (if any);
10.On-site traffic patterns;
11.Proposed landscaping.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.17** Appendix B Impact Avoidance and Minimization {#sec-250-ricr-150-05-2-2.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.17}
A.Impact Avoidance
1.The applicant must consider and address, at a minimum, the following issues in order to satisfactorily demonstrate to the Department that all impacts to the wetlands functions and values have been avoided to the maximum extent possible, and that all alternatives to the proposed alterations which would not alter the natural character of any freshwater wetlands were considered and cannot be accomplished:
2.Description of the primary purpose of the proposed project;
3.Whether the primary proposed activity is water-dependent, or if it requires access to freshwater wetlands as a central element of its primary purpose (e.g. a pier);
4.Whether there are any areas within the same property or other property owned or controlled by the applicant that could be used to achieve the same project purpose without altering the natural character of any freshwater wetlands;
5.Whether there are any other properties not currently owned or controlled by the applicant but which are reasonably available to the applicant that would not involve wetland alterations and could be used to achieve the same project purpose;
6.Whether there are alternative designs, layouts, or technologies that could be used to avoid freshwater wetlands or impacts on wetland functions and values on the subject property or reasonably available properties which would achieve the same project purpose, and whether these design alternatives are feasible;
7.Description of all attempts applicant has made to overcome or remove such constraints as zoning, infrastructure, parcel size, or other similar constraints in order to avoid wetland alterations; and,
8.Whether the available alternatives which would not alter the natural character of any freshwater wetlands on the subject property or reasonably available properties, if incorporated in the proposed project, would result in significant adverse consequences to the public health and safety, and/or the environment.
B.Impact Minimization
1.The applicant must consider and address, at a minimum, the following issues in order to satisfactorily demonstrate to the Department that all impacts to the wetland functions and values cannot be avoided, and therefore have been reduced to the maximum extent possible:
a.Whether the proposed project is necessary at the proposed scale and whether the scale of the alteration could be reduced and still achieve the same primary project purpose;
b.Whether the proposed project is necessary at the proposed location or whether another location within the site could achieve the same primary project purpose while resulting in less impact to the wetland;
c.Whether there are alternative designs, layouts, densities, or technologies that are feasible, and which would result in less impact to the wetland while still achieving the same project purpose; and,
d.Whether reduction in the scale of the proposed project or relocation to minimize impact to the wetland would result in significant adverse consequences to public health and safety and/or the environment.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.18** Appendix C - Environmental Land Usage Restriction {#sec-250-ricr-150-05-2-2.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.18}
This Declaration of Environmental Land Usage Restriction (“Restriction”) is made on this day of__________, [20__] by [Property Owner], a corporation qualified in Rhode Island, and its successors and/or assigns (the “Grantor”).
WITNESSETH:
WHEREAS, the Grantor is the owner in fee simple of certain real property [Plat, Lot(s), address and City or Town] Rhode Island (the “Property”), more particularly described in Exhibit A [Legal Description] attached hereto and made a part hereof;
WHEREAS, the Property has accepted contaminated dredge sediments in excess of the Residential Direct Exposure Criteria pursuant to the Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (“Remediation Regulations”);
WHEREAS, the Grantor has determined that the environmental land use restrictions set forth below are consistent with the regulations adopted by the Rhode Island Department of Environmental Management (“Department”) pursuant to R.I. Gen. Laws § 23-19.1-14;
WHEREAS, the Department's written approval of this Restriction is contained in the document entitled: []; and,
WHEREAS, the [Property/Contaminated Site] (or portion thereof identified in the Class I survey which is attached hereto as Exhibit B and is made a part hereof) has been determined to contain contaminated dredge sediments; and,
WHEREAS, to prevent exposure to or migration of hazardous substances and to abate hazards to human health and/or the environment, and in accordance with the Remediation Regulations, the Grantor desires to impose certain restrictions upon the use, occupancy, and activities of and at the [Dredged material disposal site];
WHEREAS, the Grantor believes that this Restriction will effectively protect public health and the environment from such contamination; and,
WHEREAS, the Grantor intends that such restrictions shall run with the land and be binding upon and enforceable against the Grantor.
NOW, THEREFORE, Grantor agrees as follows:
Restrictions Applicable to the [Dredged material disposal site]: In accordance with the [permit], the Grantor shall assure that the use, occupancy and activity of and at the [Dredged material disposal site] are restricted as follows:
No residential use of the [Property] is permitted;
No groundwater at the [Property] is used as potable water;
No soil at the [Property] is disturbed in any manner without written permission of the Department;
Water does not infiltrate soils at the [Property] containing hazardous substances in concentrations exceeding the applicable Department approved leachability criteria pursuant to the Remediation Regulations;]
No action shall be taken, allowed suffered, or omitted if such action or omission is reasonably likely to:
Create a risk of migration of hazardous substances or potential hazard to human health or the environment; or,
Result in a disturbance of the structural integrity of any engineering controls designed or utilized at the [Property] to contain hazardous substances or limit human exposure to hazardous substances.
Emergencies: In the event of any emergency which presents a significant risk to human health or to the environment, including but not limited to maintenance and repair of utility lines or a response to emergencies such as fire or flood, the application of Paragraphs A (iii.-vii.) and B above may be suspended, provided such risk cannot be abated without suspending such Paragraphs and the Grantor complies with the following:
Notifies in writing the Department of the emergency as soon as possible but no more than three (3) business days after having learned of the emergency. (This does not remove Grantor’s obligation to notify any other necessary state, local or federal agencies.);
Limits both the extent and duration of the suspension to the minimum period reasonable and necessary to adequately respond to the emergency;
Implements reasonable measures necessary, at that time, to prevent actual, potential, present and future risk to human health and the environment resulting from such suspension;
Communicates at the time of written notification to the Department his or her intentions to conduct the emergency response actions and provides a schedule to complete the emergency response actions;
Continues to implement the emergency response actions, on the schedule submitted to the Department, to ensure that the [Property] is restored to its condition prior to such emergency. Based upon information available to the Department at the time of execution pertaining to environmental conditions at the [Property], maintenance and repair of utility lines shall only require restoration of the [Property] to its condition prior to the maintenance and repair of the utility lines.
Submits to the Department, at the completion of the emergency response action, a status report describing the emergency activities that have been completed.
Release of Restriction; Alterations of Subject Area: The Grantor shall not make, or allow or suffer to be made, any alteration of any kind in, to, or about any portion of the [Property] inconsistent with this Restriction unless the Grantor has first received the Department's written approval of such alteration. If the Department determines that the proposed alteration is significant, it may require the amendment of this Restriction. Insignificant alterations will be approved by the Department via a letter from the Department. The Department shall not approve any such alteration and shall not release the [Property] from the provisions of this Restriction unless the Grantor demonstrates to the Department's satisfaction that Grantor has managed the [Property] in accordance with applicable regulations.
Notice of Lessees and Other Holders of Interests in the [Property]: The Grantor, or any future holder of any interest in the [Property], shall cause any lease, grant, or other transfer of any interest in the [Property] to include a provision expressly requiring the lessee, grantee, or transferee to comply with this Restriction. The failure to include such provision shall not affect the validity or applicability to the [Property] of this Restriction.
Severability and Termination: If any court of competent jurisdiction determines that any provision of this Restriction is invalid or unenforceable, the Grantor shall notify the Department in writing within fourteen (14) days of such determination.
Binding Effect: All of the terms, covenants, and conditions of this Restriction shall run with the land and shall be binding on the Grantor and each owner and any other party entitled to possession or use of the [Property] during such period of ownership or possession.
Inspection & Non-Compliance: It is the obligation of the Grantor, or any future holder of any interest in the [Property/Contaminated Site], to provide for independent inspections of the [Property] for compliance with the ELUR every five (5) years.
[An officer or director of the company with direct knowledge of past and present conditions of the [Property] (the “Company Representative”), or] A qualified environmental professional will, on behalf of the Grantor or future holder of any interest in the [Property], evaluate the compliance status of the [Property] every five (5) years. Upon completion of the evaluation, the [Company Representative or] environmental professional will prepare and simultaneously submit to the Department and to the Grantor or future holder of any interest in the [Property] an evaluation report detailing the findings of the inspection and noting any compliance violations at the [Property]. If the [Property] is determined to be out of compliance with the terms of the ELUR, the Grantor or future holder of any interest in the [Property/Contaminated Site] will submit a corrective action plan in writing to the Department within ten (10) days of receipt of the evaluation report, indicating the plans to bring the [Property/Contaminated Site] into compliance with the ELUR, including, at a minimum, a schedule for implementation of the plan.
In the event of any violation of the terms of this Restriction which remains uncured more than ninety (90) days after written notice of violation, all approvals and agreements relating to the [Property] shall be null and void at the option of the Department.
Terms Used Herein: The definitions of terms used herein shall be the same as the definitions contained in Section 3 (DEFINITIONS) of the Remediation Regulations.
It is so agreed:
[Name of person(s), company, LLC or LLP] By:
Date:
Grantor
So Sworn Before Me:
Date:
Notary Public
My Commission Expires:
Date:
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
##### **250-RICR-150-05-2 § 2.19** Appendix D {#sec-250-ricr-150-05-2-2.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-2#2.19}
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2010-10-05 to 01/04/2022*
- *Technical Revision — effective from 2010-10-05 to 10/05/2010*
- *Amendment — effective from 2010-10-05 to 10/05/2010*
- *EMERGENCY RULE Amendment — effective from 2009-12-17 to 07/15/2010*
- *Adoption — effective from 2003-02-26 to 10/05/2010*
#### **250-RICR-150-05-4** Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface)
##### **250-RICR-150-05-4 § 4.1** Purpose {#sec-250-ricr-150-05-4-4.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.1}
It is the purpose of these rules to protect and preserve the quality of the groundwater of the State of Rhode Island (the “State”) and, in coordination with the federal Safe Drinking Water Act, to prevent contamination of groundwater resources from the discharge of non-sanitary wastewater or other fluid to or below the ground surface. It is thereby the policy of the Department of Environmental Management that the discharge of non-sanitary wastewater or other fluid and the associated groundwater discharge system shall be designed, located, constructed, installed, operated, monitored and closed in a manner to prevent such contamination and to protect public health and groundwater quality for current or potential beneficial uses, including use as an underground source of drinking water.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.2** Authority {#sec-250-ricr-150-05-4-4.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.2}
These rules are adopted pursuant to the requirements and provisions of R.I. Gen. Laws Chapter 46-12, Water Pollution; Chapter 46-13.1, Groundwater Protection; Chapter 42-17.1, Environmental Management; Chapter 42-17.6, Administrative Penalties for Environmental Violations; and in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures. These rules are in conformance with the requirements of applicable federal regulations in 40 C.F.R. §§ 144, 145, 146, 147, 148 and 124. Specific delegation from the U.S. Environmental Protection Agency to the State is outlined within 40 C.F.R. § 147.2000 (with citation to the federal Safe Drinking Water Act, 49 FR 30699, August 1, 1984, as amended at 53 FR 43090, October 25, 1988).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.3** Liberal Application {#sec-250-ricr-150-05-4-4.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.3}
The terms and provisions of these rules shall be liberally construed to allow the Department to effectuate the purposes of State and federal laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.4** Applicability {#sec-250-ricr-150-05-4-4.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.4}
A.These rules apply to the design, location, construction, installation, operation, monitoring and closure of a groundwater discharge of non-sanitary wastewater or other fluid that is piped or otherwise designed to discharge to or below the ground surface through a groundwater discharge system, whether proposed or currently or previously in use. This includes all injection wells regulated under the RIDEM Underground Injection Control Program pursuant to the federal Safe Drinking Water Act.
B.Obligations of facility owners and facility operators hereunder shall be joint and several.
C.These rules shall be construed in harmony with other State and federal laws, rules, regulations and standards. Nothing in these rules shall affect the power and duty of the Director to issue or require any form of action pursuant to any other regulatory program administered or enforced by the Department.
D.Nothing in these rules shall affect the power and duty of the Director to issue an immediate compliance order or take any other action pursuant to the R.I. Gen. Laws.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.5** Definitions {#sec-250-ricr-150-05-4-4.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.5}
A.For the purposes of these rules, the following words and phrases shall have the following meanings:
1.“Abandoned” means a groundwater discharge system for which its use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose. Temporary or intermittent cessation of operation does not constitute abandonment.
2.“Aquifer” means a geologic formation, group of formations or part of a formation that contains sufficient saturated, permeable material to yield significant quantities of water to drinking water wells and springs.
3.“Department” means the Rhode Island Department of Environmental Management.
4.“Director” means the Director of the Rhode Island Department of Environmental Management or any authorized designee to whom the Director has delegated the vested powers and duties pursuant to the R.I. Gen. Laws.
5.“Drywell” means a well, completed above the groundwater table so that its bottom and sides are typically dry except when receiving fluids.
6.“Facility” means any parcel of real estate or a contiguous series of parcels of real estate together with any and all structures, facility components, improvements, fixtures and other appurtenances located therein or thereon which constitutes a distinct geographic unit.
7.“Floor drain” means an opening or intended drainage point in a floor that serves as a point of entry into a groundwater discharge system.
8.“Fluid” means any material or substance that flows or moves whether liquid, gas, semi-solid or any other form or state. Fluids may include, for example, water for beneficial use projects such as aquifer storage or recharge, or wastewater.
9.“Formation” means a body of rock characterized by a degree of lithologic homogeneity which is prevailingly tabular and is mappable on the earth’s surface or traceable in the subsurface.
10.“Geologic sequestration” means the process of injecting carbon dioxide (CO2), which has been compressed into a liquid state, into the deep subsurface through an injection well. Geologic sequestration refers to a suite of technologies that may be deployed to reduce CO2 emissions to the atmosphere to help mitigate climate change.
11.“Groundwater” means the water located beneath the ground surface which completely fills the open spaces between particles of sediment and within rock formations.
12.“Groundwater discharge” means the disposal, deposit or placement of non-sanitary wastewater or other fluid below the ground surface or the disposal, deposit or placement of non-sanitary wastewater or other fluid to the ground surface in a manner and location where it may adversely impact the groundwater resources of the State.
13.“Groundwater discharge system” means a discharge system that is piped or otherwise designed, located, constructed, installed and operated so as to infiltrate or inject a groundwater discharge of non-sanitary wastewater or other fluid to or below the ground surface, including a drywell, drainfield, galley, injection well, stormwater discharge system, subsurface fluid distribution system, open-end pipe or other conveyance onto the surface of the ground.
14.“Groundwater table” means the upper surface of the zone of saturation in an unconfined aquifer; includes a perched groundwater table.
15.“Hazardous waste” means any waste or material, either a characteristic waste or a specific listed waste, as defined in the Code of Federal Regulations (C.F.R.), 40 C.F.R. § 261.3, Protection of Environment Rule or the Rhode Island Hazardous Waste Management Act, R.I. Gen. Laws Chapter 23-19.1.
16.“Injection well” means a well or subsurface fluid distribution system regulated under the federal Underground Injection Control (UIC) Program and these rules that is used or intended to be used to discharge wastewater or other fluid below the ground surface. Injection wells are groundwater discharge systems.
17.“Motor vehicle waste disposal well” means a well that receives or has received wastewater or other fluid from an area where the repair, maintenance or servicing of motor vehicles occurs or has occurred, including, without limitation, fluid from a motor vehicle engine or body repair shop, a specialty or recreational vehicle repair shop, a new or used car or truck dealership or any other facility that repairs or maintains motor vehicles whether services are offered to the public or not. Motor vehicle waste disposal wells also drain motor vehicle washing areas where the wash bay is not physically separated from a motor vehicle maintenance area or where engine or undercarriage cleaning is performed. Motor vehicles include automobiles, buses, trucks, trains, powerboats, motorcycles, farm machinery, aircraft, lawn care and landscaping equipment, heavy equipment, recreational vehicles such as snowmobiles, all terrain vehicles and jet skis, and any other motorized vehicle.
18.“Operator” means any person or persons having control or legal responsibility for operating or maintaining any facility or site subject to regulation under these rules.
19.“Owner” means the owner and/or operator of any facility subject to regulation under these rules or any person who holds legal title to or has possession or control of any facility subject to regulation under these rules through any agent, executor, executrix, administrator, trustee or guardian of the estate of the holder of legal title. Each such person is bound to comply with the provisions of these rules.
20.“Person” means an individual, trust, estate or firm, a public, quasi-public or private corporation, a partnership, association, non-profit, federal, state or municipal government or any of their agencies or any other legal entity whatsoever.
21.“Pollutant” means a liquid, gaseous, solid, radioactive or other substance in any water of the State which may, either by itself or in connection with any other substance, create a public nuisance or which may render such water harmful, detrimental or injurious to public health or the environment or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses.
22.“RIDEM” means the Rhode Island Department of Environmental Management.
23.“Sanitary wastewater” means any liquid or solid waste originating from human or animal activities, putrescible animal or vegetable matter or garbage and filth, including but not limited to, wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas and/or food preparation, clothes washing or floor cleaning operations and sinks or washing machines where food and beverage serving dishes, glasses and utensils are cleaned.
24.“Sink” means a structure such as a basin or washbowl that receives wastewater from hand washing and other uses and serves as a point of entry into a groundwater discharge system.
25.“Site” means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
26.“Stormwater” means water from precipitation runoff or snow melt.
27.“Stormwater discharge system” means a groundwater discharge system used to infiltrate stormwater.
28.“Subsurface fluid distribution system” means a federal term synonymous with groundwater discharge system.
29.“UIC” means the federal Underground Injection Control Program.
30.“Wastewater” means non-sanitary wastewater.
31.“Well” means a bored, drilled or driven shaft or a dug hole that is deeper than the widest surface dimension and designed to discharge or inject wastewater or other fluid below the ground surface. This includes a subsurface fluid distribution system, holes drilled and cased with pipe, and infiltration systems consisting of one or more vertical pipes leading to an array of horizontal, perforated pipes laid below the ground surface.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.6** Underground Injection Control (UIC) Program {#sec-250-ricr-150-05-4-4.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.6}
A.The Underground Injection Control Program is a federally delegated program administered by the Department and the U.S. Environmental Protection Agency (EPA) under the federal Safe Drinking Water Act and is designed to protect groundwater resources from the subsurface disposal of hazardous and non-hazardous wastewater or other fluid through injection wells. The following classifications are used to define the six classes of injection wells regulated by the program based on their use and are described below for informational purposes. Note: Classes I-III injection wells are prohibited in Rhode Island; Class IV injection wells are allowed only in accordance with § 4.10(A)(2) of this Part; Class V wells include injection wells other than Classes I-IV and, with Class IV wells, are groundwater discharge systems subject to all requirements of these rules.
B.Class I wells are used by generators of hazardous waste or owners or operators of hazardous waste management facilities to inject hazardous waste; by municipalities to inject municipal wastewater; by industries to inject non-hazardous industrial waste; and, for injection of radioactive fluids. These are deep wells that inject fluids below the lowermost formation containing groundwater.
C.Class II wells are used to inject fluids that are brought to the surface in connection with natural gas storage operations or conventional oil or natural gas production; to enhance recovery of oil or natural gas; and, for storage of hydrocarbons that are liquid at standard temperature and pressure.
D.Class III wells are used to inject fluids for the extraction of minerals including mining of sulfur by the Frash process; in-situ production of uranium or other metals from ore bodies that have not been conventionally mined; and, for the solution mining of salts or potash.
E.Class IV wells are used to inject hazardous or radioactive waste into or above the lowermost formation containing groundwater; to discharge solutions to remediate contamination in-situ; or, to discharge contaminated groundwater that has been treated and is being discharged into the same formation from which it was drawn, pursuant to provisions of clean-up of releases under the federal CERCLA or RCRA programs or state clean-up program delegated these federal authorities.
F.Class V wells are those wells not included in Classes I-IV that inject wastewater or other fluid, other than hazardous waste, directly below the ground surface and have a variety of uses including but not limited to the following:
1.Wells used to inject water into an aquifer to replenish the aquifer;
2.Wells used to store potable water in an aquifer and to recover the stored water from the same well for beneficial use;
3.Wells used to inject water into fresh water aquifers to prevent intrusion of salt water into fresh water;
4.Wells used to discharge a mixture of water and sand, mill tailings or other materials into mined-out portions of underground mines;
5.Wells used to inject fluid into a non-oil or gas-producing zone to reduce, eliminate or control subsidence;
6.Wells used to discharge spent geothermal fluid associated with the extraction of heat, or as a heat sink to carry off excess heat when cooling buildings, through a ground-source heat pump/air conditioning system or direct-heat application; or, for the production of electric power;
7.Wells used to discharge a variety of non-contact water that contains no additives and has not been chemically altered (e.g. cooling water, water from water supply treatment testing, filter backwash, boiler blowdown, etc.);
8.Wells used to discharge a variety of fluids that cannot otherwise be classified as agricultural, industrial or stormwater;
9.Wells used to drain rainwater and melted snow from impervious surfaces;
10.Wells used to discharge fluids from floor drains or sinks in areas where motor vehicle repair, maintenance or service activities occur (this activity is prohibited);
11.Wells used for beneficial purposes associated with the control of groundwater contamination, including, for example, the introduction of remedial agents into contaminated aquifers to neutralize the contamination, to increase groundwater flow through a contaminant zone in an aquifer to aid contaminant removal, to form hydraulic barriers to contain a contaminant plume or to re-inject treated groundwater from an on-site pump-and-treat system;
12.Wells used to discharge motor vehicle washwater that was used to wash only the exterior of vehicles;
13.Wells used to test new technologies, if the technology cannot be considered under an established well subclass (e.g., a pilot test related to geologic sequestration of carbon dioxide would be considered experimental, however, a well-used for experimental bioremediation would be classified as aquifer remediation); and,
14.Wells used to discharge wastewater resulting from a variety of commercial, industrial or institutional processes or activities (e.g. water from equipment washing, process and non-process cooling water, etc.).
G.Class VI wells are used to inject carbon dioxide (CO2) into underground subsurface rock formations for long-term storage, or geologic sequestration. Geologic sequestration refers to a suite of technologies that may be deployed to reduce CO2 emissions to the atmosphere to help mitigate climate change.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.7** Prohibitions {#sec-250-ricr-150-05-4-4.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.7}
A.No person shall construct, install, modify, repair, expand, operate, maintain or close a groundwater discharge system unless or until such activity is authorized in accordance with these rules.
B.No person shall discharge any wastewater or other fluid into or through a Class I, II or III injection well, as described in §§ 4.6(B) through (D) of this Part.
C.No person shall discharge any wastewater or other fluid into or through a Class IV well, as described in § 4.6(E) of this Part, except as otherwise provided in § 4.10(A)(2) of this Part.
D.No person shall discharge any wastewater or other fluid through a floor drain or sink to a groundwater discharge system, if the discharge results from an activity or facility identified in §§ 4.7(D)(1) through (3) of this Part. Any existing floor drain or sink associated with these activities shall be closed in accordance with § 4.18 of this Part.
1.Work area associated with a motor vehicle waste disposal well, as described in § 4.5 of this Part;
2.Manufacturing process or chemical use, storage or handling areas; or,
3.Any facility located in the wellhead protection area of a community water supply well as defined in the RIDEM Groundwater Quality Rules Part 3 of this Subchapter.
E.No person shall commingle stormwater, sanitary wastewater or any other wastewater or unauthorized chemical or chemical product with a groundwater discharge authorized under these rules.
F.No person shall discharge to a groundwater discharge system any wastewater or other fluid containing a pollutant, except as otherwise provided in § 4.7(C) of this Part, if the presence of that pollutant may cause or contribute to a violation of a primary drinking water regulation under the federal Safe Drinking Water Act or a groundwater quality standard established by the RIDEM Groundwater Quality Rules Part 3 of this Subchapter or which may adversely impact the groundwater resources of the State.
G.No person shall design, construct, install, locate, operate or close any groundwater discharge system in a manner that violates any State or federal law, rule, regulation or standard.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.8** Conditions for Authorization {#sec-250-ricr-150-05-4-4.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.8}
A.The owner of a facility with a proposed groundwater discharge shall obtain authorization from the Director pursuant to these rules prior to construction and installation of a groundwater discharge system. Compliance with all requirements of a Groundwater or Stormwater Discharge System Registration or a Groundwater Discharge System Approval or Temporary Approval, and these rules, is required prior to commencement of any groundwater discharge system operation. The owner shall comply with any State or federal requirement that is more stringent than these rules, where applicable.
B.A Registration or Approval shall be issued only for those facilities in which the groundwater discharge system is designed, located, constructed, installed, operated and maintained so as to prevent adverse impact to the groundwater resources of the State or a violation of these rules or any other State or federal law, rule, regulation or standard.
C.A Registration or Approval issued pursuant to these rules shall not be construed to authorize any groundwater discharge that violates any requirement of these rules.
D.A Registration or Approval shall not be issued if the Director determines that another treatment or disposal method that affords better protection of the groundwater resources is reasonable and available.
E.A Registration or Approval issued pursuant to these rules shall not authorize any injury to persons or property or invasion of other property rights or any infringement of other State or federal law, rule, regulation or standard.
F.Any application or associated information submitted to the Director pursuant to these rules, with exception for § 4.18 of this Part, and any required technical information or technical report subsequently submitted in support of an application pursuant to these rules that is significantly different from the original application, shall be prepared by or under the direction, and bear the seal, of a Professional Engineer (P.E.) registered with the Rhode Island State Board of Registration for Professional Engineers. A Professional Engineer registered in Rhode Island after December 31, 1994 must be registered as a Civil or Environmental Engineer.
G. Any application submitted to the Director pursuant to these rules shall be signed by the owner of the facility or as follows:
1.For a corporation: by a principal executive officer of at least the level of vice-president or a duly authorized representative of the facility. A person is a duly authorized representative of the facility and its owner(s) if the authorization is made in writing by the legal signatory, specifies an individual or position having responsibility for the overall operation or is submitted to the Director either prior to or with documents signed by the authorized representative;
2.For a partnership or sole proprietor: a general partner or proprietor or a representative authorized in writing by a general partner or proprietor, respectively; or,
3.For a state, federal, municipal or quasi-public agency: an office director, department director or authorized representative thereof or ranking elected official.
H.Applicable Fees: Any application submitted to the Director pursuant to these rules shall be accompanied by an associated fee in accordance with the schedule set forth in § 4.19 of this Part.
I.Complete Application: An application shall be considered complete when all required information has been submitted, including any application, report, plan, map, signature or any other information required by the application or the Director and all associated fees have been paid in accordance with § 4.19 of this Part. The Director shall not consider any incomplete application for an activity regulated under these rules.
J.Unacceptable Application: When the Department determines that an application is unacceptable for any reason, the applicant has one year from the date of the unacceptable notice to correct all deficiencies identified by the Department. If all of the deficiencies are not corrected within one year from the date of the unacceptable notice, the applicant must submit a new application and application fee for any proposed activity subject to these rules.
K.Other Information: When the owner becomes aware that any relevant facts were not submitted in an application, report or other required submittal or that incorrect information was submitted in an application, report or other required submittal, such updated information shall be immediately submitted to the Director.
L.The owner shall comply at all times with the terms and conditions of a Registration or Approval issued pursuant to these rules.
M.The Director may, at any time, require the owner of a facility with a groundwater discharge system authorized under these rule to submit additional information to determine if the groundwater discharge has or may adversely impact the groundwater resources or cause or contribute to a violation of these rules.
N.The owner shall at all times maintain sufficient financial resources to allow for the proper closure of a groundwater discharge system in accordance with § 4.18 of this Part. A surety bond may be required for submission with an application at the discretion of the Director.
O.Termination of Approval: A Registration or Approval may be terminated by the Director and subject to closure under § 4.18 of this Part for the following reasons:
1.Unauthorized or improper use of a groundwater discharge system;
2.Failure to comply with the Registration or Approval, these rules or any other applicable State or federal law, rule, regulation or standard; or,
3.Where the Director has determined that the groundwater discharge has or may adversely impact the groundwater resources of the State or cause or contribute to a violation of these rules. The Director may halt construction and installation or operation of a groundwater discharge system upon receipt of information that the groundwater discharge may cause or contribute to a violation of a primary drinking water regulation under the federal Safe Drinking Water Act, a groundwater quality standard established by the RIDEM Groundwater Quality Rules Part 3 of this Subchapter or any other State or federal law, rule, regulation or standard, or which may adversely impact the groundwater resources.
P.Unauthorized Discharge: The owner of a groundwater discharge system that has been operating without a Department approval shall notify the Director and may be eligible to obtain a Registration or Approval under §§ 4.9 through 4.11 of this Part or may be required to cease the groundwater discharge and initiate closure activities in accordance with § 4.18 of this Part.
Q.Considerations under Federal Law: A Registration or Approval issued, or a closure completed, pursuant to these rules for a groundwater discharge described in §§ 4.6(E) through (G) of this Part shall contain conditions consistent with the requirements of applicable federal laws, rules, regulations and standards and shall constitute compliance with Part C of the federal Safe Drinking Water Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.9** Groundwater Discharge System Registration {#sec-250-ricr-150-05-4-4.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.9}
A.The owner of a facility with a proposed groundwater discharge identified in §§ 4.9(A)(1) through (3) of this Part shall obtain a Groundwater Discharge System Registration prior to the initiation of construction and installation of a groundwater discharge system and shall comply with all requirements of § 4.9 of this Part. Upon review of an application for registration, the Director may determine that due to the nature of the proposed groundwater discharge, the owner shall apply for and obtain a Groundwater Discharge System Approval pursuant to § 4.10 of this Part.
1.A groundwater discharge of wastewater or other fluid, including, but not limited to, Class V injection wells identified in §§ 4.6(F)(1) through (8) of this Part, which are associated with a commercial, industrial or institutional activity that does not have contact with any chemical process(es). Registration may be waived for a similar discharge to the ground surface where the Director has determined that the discharge will not result in an impact to groundwater resources or cause or contribute to a violation of these rules;
2.A groundwater discharge associated with open-loop geothermal activities at commercial, industrial or institutional facilities. The owner shall comply with the requirements of §§ 4.9(D) and (E) of this Part; or,
3.Any other groundwater discharge associated with an activity that the Director has determined may adversely impact the groundwater resources of the State.
B.Application Requirements: The owner shall submit to the Director, an Application for a Groundwater Discharge System Registration, prepared in accordance with § 4.8 of this Part, and any other information required by the application or the Director, including at minimum, the following:
1.Groundwater Elevation: Notwithstanding a groundwater discharge identified in § 4.9(A)(2) of this Part, a determination of the seasonal high groundwater table elevation completed by:
a.A Class IV Soil Evaluator licensed and conducted pursuant to the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance for Onsite Wastewater Treatment Systems Subchapter 10 Part 6 of this Chapter; or,
b.A Class IV Soil Evaluator or a Rhode Island Professional Engineer using the following general method: the collection of groundwater levels and other data from test holes located within 25 feet of the groundwater discharge system, pursuant to the wet season determination procedures in the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance for Onsite Wastewater Treatment Systems Subchapter 10 Part 6 of this Chapter.
2.Setback and Separation Requirements: The application shall identify where applicable, the following setback and separation distances from a proposed groundwater discharge system:
RECEPTOR
MINIMUM SETBACK (in feet)
Public Drinking Water Well (Sand & Gravel)
400
Public Drinking Water Well (Bedrock)
200
Surface Drinking Water Impoundment
200
All Other Surface Water
100
Private Drinking Water Well
100
Onsite Wastewater Treatment System
25
Other Groundwater Discharge System
25
Property Lines
10
Building Footing
10
Water Table (not applicable to geothermal return flow wells and site-specific aquifer remediation wells)
3 feet vertical separation from the bottom of the infiltration system to the seasonal high groundwater table
C.Exemption from Registration: The construction and installation of a residential open-loop geothermal system is exempt from the registration requirement under this rule. The owner of such system shall comply with the requirements in § 4.9(D) of this Part.
D.Open-Loop Geothermal Activities: The owner of a groundwater discharge system identified in §§ 4.9(A)(2) of this Part or 4.9(C) of this Part shall comply with the following:
1.All geothermal well construction and installation activities shall be conducted by a well driller registered or licensed pursuant to the Rhode Island Contractor’s Registration and Licensing Board;
2.A Rhode Island Well Completion Report shall be submitted to the Director within 30 days of completion of construction and installation for each geothermal well; and,
3.All geothermal well closure activities shall be completed pursuant to the RIDEM Groundwater Quality Rules Part 3 of this Subchapter.
E.Analytical Characterization for Open-Loop Geothermal Activities: The owner of a groundwater discharge system identified in § 4.9(A)(2) of this Part shall submit to the Director, prior to system start-up and no later than 30 days from the date of completion of construction and installation of the well(s), an analytical characterization of the groundwater quality at the location of the groundwater discharge system, as determined by the Director and performed in accordance with § 4.14 of this Part.
F.The Director may, at any time, require the owner of a facility with a groundwater discharge system authorized under this rule to submit analytical characterization of a groundwater discharge, in accordance with § 4.14 of this Part, or other information, to determine if the groundwater discharge has or may adversely impact the groundwater resources or cause or contribute to a violation of these rules. If the Director determines that the groundwater discharge or the groundwater discharge system characterized under §§ 4.9(E) or (F) of this Part does not meet the requirements for continued authorization under this rule, the owner, if eligible, may apply for a Groundwater Discharge System Approval under § 4.10 of this Part within 30 days of the determination or may be required to cease discharge and close the groundwater discharge system in accordance with § 4.18(D) of this Part.
G.Notification of Installation: The owner shall submit a Notification of Completion of Construction and Installation to the Director within 30 days after completion of construction and installation of a groundwater discharge system, confirming that construction and installation has been completed in accordance with the approved application, associated plans and specifications and these rules.
H.Expiration of Registration: A Registration issued under § 4.9 of this Part for a groundwater discharge system that has not been constructed and installed shall expire 5 years from the date of issuance unless otherwise extended by a tolling period pursuant to R.I. Gen. Laws § 42-17.1-2.5. Once a Registration is expired, a new application and application fee shall be submitted for any proposed activity subject to these rules.
I.Proposed Changes: Where addition, expansion or other modification as described in § 4.15 of this Part is proposed for a groundwater discharge system authorized under § 4.9 of this Part, the owner shall submit to the Director an Application to Modify a Groundwater or Stormwater Discharge System and any other information required by the application or the Director. The Director may also require modification at any time, if new information that was not available at the time of issuance of a Groundwater Discharge System Registration would have justified the application of additional or different conditions.
J.Closure Requirements: Prior to closure of a groundwater discharge system authorized under § 4.9 of this Part, the owner shall submit to the Director, a Notification of Termination of a Groundwater Discharge, in accordance with § 4.18(B) of this Part, and any other information required by the Director.
K.Unauthorized Discharge: The owner of a groundwater discharge system that has been operating without a Department approval shall apply for a Groundwater Discharge System Registration under § 4.9 of this Part. If it is determined by the Director that the owner is not eligible for registration, the owner shall cease the groundwater discharge and initiate closure activities in accordance with § 4.18(C) of this Part. Analytical characterization of the groundwater discharge system and/or surrounding groundwater may be required prior to obtaining a Registration under these rules.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.10** Groundwater Discharge System Approval {#sec-250-ricr-150-05-4-4.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.10}
A.The owner of a facility with a proposed groundwater discharge identified in §§ 4.10(A)(1) through (3) of this Part, shall obtain a Groundwater Discharge System Approval prior to the initiation of construction and installation of a groundwater discharge system and shall comply with all requirements of § 4.10 of this Part.
1.A groundwater discharge of wastewater or other fluid, including, but not limited to Class V injection wells identified in §§ 4.6(F)(11) through (14) of this Part, which are associated with a commercial, industrial or institutional activity not eligible for registration under § 4.9 of this Part;
2.A groundwater discharge of contaminated groundwater that has been treated and is being discharged into the same formation from which it was drawn, through a Class IV injection well, if the discharge is approved by the U.S. Environmental Protection Agency, or the Director, pursuant to the provision for the cleanup of releases under the federal Comprehensive, Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C §§ 9601 through 9675 or pursuant to requirements and provisions under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 through 6992k; or,
3.Any other groundwater discharge associated with an activity that the Director has determined may adversely impact the groundwater resources of the State.
B.Application Requirements: Except as otherwise provided in § 4.10(C) of this Part, the owner shall submit to the Director an Application for a Groundwater Discharge System Approval, prepared in accordance with § 4.8 of this Part, and any other information required by the application or the Director, including at minimum, the following:
1.Groundwater Elevation: A determination of the seasonal high groundwater table elevation, conducted in accordance with § 4.9(B)(1) of this Part;
2.Setback and Separation Distances: Identification of the required setback and separation distances from the proposed groundwater discharge system, in accordance with § 4.9(B)(2) of this Part;
3.Operation and Maintenance Plan: A plan for the proper operation and maintenance of the groundwater discharge system containing:
a.The name, address and daytime telephone number of the owner, operator or other representative responsible for maintenance of the groundwater discharge system;
b.A schedule that ensures that the groundwater discharge system, including all treatment and infiltration systems, devices, structures and monitoring equipment shall be maintained in good operating order at all times as necessary to maintain optimal design performance;
c.A schedule for the disposal of all material to be removed from the groundwater discharge system, indicating the frequency and method of disposal and subsequent submittal to the Director of manifests, bills of lading and/or disposal receipts, in accordance with applicable State and federal laws, rules, regulations and standards;
d.A schedule for annual notification to the Director of any groundwater discharge system operational problem and spill or release of fluid that may have entered the groundwater discharge system during the previous 12-month period, including any incident reported under §§ 4.14(G) through (H) of this Part; and,
e.A description of the immediate response activities to be performed in the event of a spill or release to the groundwater discharge system in accordance with § 4.14(H) of this Part;
4.Monitoring of Groundwater Discharge: A proposal for characterization of the groundwater discharge at the site, including:
a.A schematic indicating the location of the groundwater discharge sampling point(s);
b.The frequency of groundwater discharge sampling and the applicable sampling parameters; and,
c.Any other pertinent information related to monitoring of the groundwater discharge;
5.Monitoring of Groundwater: A proposal for characterization of the ambient groundwater quality at the site, including:
a.The construction and installation of a minimum of 3 groundwater monitoring wells: no less than one well located hydraulically up-gradient of the groundwater discharge system and no less than two wells located hydraulically down-gradient of the groundwater discharge system;
b.The frequency of groundwater sampling and the applicable sampling parameters;
c.A site plan indicating the location and identification number of each groundwater monitoring well; and,
d.Any other pertinent information related to groundwater quality monitoring at the site;
6.Closure Plan: A plan for closure of the groundwater discharge system, detailing the on-site activities and procedures that may be performed to complete closure of the system in accordance with § 4.18(B) of this Part in the event of termination of the groundwater discharge.
C.Waiver of Application Submittal: The Director shall waive the requirement to submit an application for a proposed groundwater discharge defined in §§ 4.6(E) and 4.6(F)(11) of this Part and any similarly defined discharges to the ground surface, provided the groundwater discharge system subject to these rules is reviewed as part of an active waste clean-up activity at a site that is subject to approval by the RIDEM Office of Waste Management. The owner of a facility with a proposed groundwater discharge system that is eligible for an application waiver must be in compliance with all other applicable provisions of these rules. Approval from the RIDEM Office of Waste Management for such discharge shall constitute approval pursuant to these rules. This waiver shall also apply where addition, expansion or other modification is proposed for a groundwater discharge system subject to an Approval under these rules that has received such approval from the Office of Waste Management.
D.Notification of Installation: The owner shall submit to the Director within 30 days after completion of installation of a groundwater discharge system and groundwater monitoring wells subject to this rule, the following:
1.A Notification of Completion of Construction and Installation confirming that the construction and installation of the groundwater discharge system has been completed in accordance with the approved application and associated plans;
2.Groundwater monitoring well boring logs and construction and installation details.
E.Notification of Operation: The owner shall submit to the Director, a Notification of Commencement of a Groundwater Discharge within 30 days of the groundwater discharge system start-up.
F.Analytical Characterization: The owner shall submit to the Director within 30 days of the groundwater discharge system start-up, a complete set of compliance monitoring results as required by the Groundwater Discharge System Approval. All compliance monitoring required by a Groundwater Discharge System Approval or the Director shall be performed in accordance with § 4.14 of this Part.
G.Expiration of Approval: An Approval issued under § 4.10 of this Part for a groundwater discharge system that has not been constructed and installed shall expire 5 years from the date of issuance unless extended by a tolling period pursuant to R.I. Gen. Laws § 42-17.1-2.5. Once an Approval is expired, a new application and application fee shall be submitted for any proposed activity subject to these rules.
H.Proposed Changes: Where addition, expansion or other modification as described in § 4.15 of this Part is proposed for a groundwater discharge system authorized under § 4.10 of this Part, the owner shall submit to the Director, an Application to Modify a Groundwater or Stormwater Discharge System and any other information required by the application or the Director. The Director may also require modification at any time, if new information that was not available at the time of issuance of a Groundwater Discharge System Approval would have justified the application of additional or different conditions. If at any time, the groundwater discharge or groundwater discharge system is modified to the extent that the analytical characterization or other measurement required by a Groundwater Discharge System Approval is incorrect or insufficient, a revised set of parameters shall be established by the Director.
I.Other Information: The Director may, at any time, require the owner of a facility with a groundwater discharge system authorized under this rule to submit additional information, including analytical characterization of groundwater, in accordance with § 4.14 of this Part, or other information, to determine if the groundwater discharge has or may adversely impact the groundwater resources or cause or contribute to a violation of these rules. If the Director determines that the groundwater discharge or the groundwater discharge system does not meet the requirements for continued authorization under this rule, the owner may be required to cease discharge and close the groundwater discharge system in accordance with § 4.18(D) of this Part.
J.Closure Requirements: Prior to closure of a groundwater discharge system authorized under § 4.10 of this Part, the owner shall submit to the Director, a Notification of Termination of a Groundwater Discharge, in accordance with § 4.18(B) of this Part, and any other information required by the Director.
K.Unauthorized Discharge: The owner of a groundwater discharge system that has been operating without a Department approval shall apply for a Groundwater Discharge System Approval under § 4.10 of this Part. If it is determined by the Director that the owner is not eligible for approval, the owner shall cease the groundwater discharge and initiate closure activities in accordance with § 4.18(D) of this Part. Analytical characterization of the groundwater discharge system and/or surrounding groundwater shall be required prior to obtaining an Approval under these rules.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.11** Stormwater Discharge System Registration {#sec-250-ricr-150-05-4-4.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.11}
A.The owner of a facility with a proposed injection well identified in § 4.6(F)(9) of this Part or a proposed stormwater discharge system shall obtain a Stormwater Discharge System Registration prior to initiation of construction and installation activities and shall comply with all requirements of § 4.11 of this Part. The design, selection and placement of appropriate means of discharge and/or pretreatment for any stormwater discharge system regulated under § 4.11 of this Part shall adhere to the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter. Notwithstanding the redevelopment definition in the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter, the requirements in this rule also apply to projects with a disturbed area of less than 10,000 square feet.
B.Application Requirements: The owner of a facility with a proposed stormwater discharge system not covered under §§ 4.11(C) through (E) of this Part, shall submit to the Director, an Application for a Stormwater Discharge System Registration, prepared in accordance with § 4.8 of this Part, and any other information required by the application, the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter or the Director.
C.Exemption from Registration: The following activities are exempt from registration under these rules:
1.Stormwater from a residential lot, which is infiltrated onto the same property, for any project proposed to infiltrate stormwater from <10,000 square feet of impervious area;
2.Stormwater from a land use that is not a Land Use of Higher Potential Pollutant Load (LUHPPL) that is delivered through permeable pavement, filtering systems or open channel systems provided that the practices are designed, installed and maintained in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter; or,
3. Stormwater from a non-residential lot, which is infiltrated onto the same property, for any project proposed to infiltrate stormwater from <10,000 square feet of impervious area, provided that no stormwater is infiltrated from parking or driveway areas or areas defined as a LUHPPL in the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter; or,
4.Stormwater delivered through infiltration basins or surface infiltration trenches where the design is approved or deemed non-jurisdictional by RIDEM or the Rhode Island Coastal Resources Management Council (RICRMC) or the municipality before December 31, 2012 and the stormwater discharge system is installed prior to July 1, 2017.
D.Waiver from Registration: The requirement to apply for a Stormwater Discharge System Registration shall be waived for a stormwater discharge system subject to these rules that has received approval for such system from the RIDEM Pollutant Discharge Elimination System (RIPDES) Program, for those projects subject to a full RIPDES Program review, the Freshwater Wetlands Program or the Water Quality Certification Program. This waiver shall also apply where addition, expansion or other modification is proposed for a stormwater discharge system subject to a Registration under these rules that has received such approval from the RIDEM RIPDES, Freshwater Wetlands or Water Quality Certification programs.
E.Automatic Registration: A stormwater discharge system subject to these rules shall be deemed Registered upon submission by the owner of proof of Assent for such system issued by the RICRMC. Automatic registration shall also apply upon submission by the owner of proof of Assent for an addition, expansion or other modification to a stormwater discharge system subject to these rules that has received RICRMC approval for such activity.
F.The Director may, at any time, require the owner of a facility with a stormwater discharge system authorized under § 4.11 of this Part to submit additional information, including analytical characterization of a stormwater discharge, performed in accordance with § 4.14 of this Part, to determine if the stormwater discharge has or may adversely impact the groundwater resources of the State or cause or contribute to a violation of these rules. If the Director determines that the stormwater discharge or the stormwater discharge system does not meet the requirements for continued authorization under this rule, the owner may be required to modify the system in accordance with § 4.15 of this Part or close the system in accordance with § 4.18 of this Part.
G.Notification of Installation: The owner shall submit to the Director within 30 days after completion of construction and installation of a stormwater discharge system, a Notification of Completion of Construction and Installation confirming that construction and installation has been completed in accordance with the approved application and associated plans.
H.Expiration of Registration: A Registration issued under § 4.11 of this Part for a stormwater discharge system that has not been constructed and installed shall expire 4 years from the date of issuance, unless otherwise extended by a tolling period pursuant to R.I. Gen. Laws § 42-17.1-2.5. Once a Registration is expired, a new application and application fee shall be submitted for any proposed activity subject to these rules.
I.Proposed Changes: Where addition, expansion or other modification as described in § 4.15 of this Part is proposed to a stormwater discharge system authorized under § 4.11 of this Part, the owner shall submit to the Director, an Application to Modify a Groundwater or Stormwater Discharge System and any other information required by the application or the Director. The Director may also require modification at any time if new information that was not available at the time of issuance of a Stormwater Discharge System Registration would have justified the application of additional or different conditions.
J.Closure Requirements: Prior to closure of a stormwater discharge system located below the ground surface and authorized under § 4.11 of this Part, the owner shall submit to the Director, a Notification of Termination of a Groundwater Discharge, in accordance with § 4.18(B) of this Part, and any other information required by the Director.
K.Unauthorized Discharge: The owner of a stormwater discharge system that infiltrates stormwater from a LUHPPL and has been operating without a Department approval shall apply for registration under § 4.11 of this Part. If it is determined by the Director that the owner is not eligible for registration, the owner shall be required to cease the groundwater discharge and initiate closure activities in accordance with § 4.18(C) of this Part. Analytical characterization of the groundwater discharge system and/or surrounding groundwater may be required prior to obtaining a Registration under these rules. The owner of a stormwater discharge system that was installed prior to July 12, 2012 and infiltrates stormwater from an area other than a LUHPPL shall not be required to obtain authorization under these rules.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.12** UIC Program Registration or Approval Issued Prior to Rules {#sec-250-ricr-150-05-4-4.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.12}
A.The owner of a facility with a groundwater discharge authorized under a Registration or Order of Approval issued by the RIDEM UIC Program prior to July 12, 2012 (“UIC Registration or Order of Approval”) shall adhere to the terms and conditions required by the UIC Registration or Order of Approval, as issued, until such time as the groundwater discharge system is closed under these rules or the UIC Registration or Order of Approval is rescinded and a Stormwater Discharge System Registration or a Groundwater Discharge System Registration or Approval is reissued for the groundwater discharge. The owner of a facility authorized under a UIC Registration or Order of Approval shall be subject to all other applicable requirements of these rules.
B.Monitoring and Reporting of Groundwater Quality: All monitoring and reporting of groundwater discharge or groundwater quality shall be performed in accordance with the UIC Registration or Order of Approval for as long as the UIC Registration or Order of Approval is in effect, unless otherwise required by the Director.
1.Noncompliance: The owner shall report to the Director any instance of noncompliance with a UIC Regist ration or Order of Approval in accordance with §§ 4.14(G) and (H) of this Part; and,
2.Class IV Injection Wells: If through analytical testing, a groundwater discharge system authorized under a UIC Registration or Order of Approval is determined to be a Class IV injection well as defined in § 4.6(E) of this Part, the owner shall immediately notify the Director and may be required to cease the groundwater discharge and initiate closure procedures in accordance with § 4.18(D) of this Part.
C.Proposed Changes: Where addition, expansion or other modification as described in § 4.15 of this Part is proposed for a groundwater discharge system authorized under a UIC Registration or Order of Approval, the owner shall submit to the Director, an Application to Modify a Groundwater or Stormwater Discharge System and any other information required by the application or the Director. The Director may also require modification at any time, if new information that was not available at the time of issuance would have justified the application of additional or different conditions. If at any time, the groundwater discharge or groundwater discharge system is modified to the extent that the analytical characterization or other measurement required by a UIC Registration or Order of Approval is incorrect or insufficient, a revised set of parameters shall be established by the Director under a Groundwater Discharge System Approval.
D.Transfer of Ownership: Upon anticipated change of ownership of a facility subject to a UIC Registration or Order of Approval, the existing facility owner, indicated in the most current UIC Registration or Order of Approval shall initiate transfer of the approval to the new owner, unless closure of the groundwater discharge system is proposed. The existing owner shall submit to the Director, a Notification of Transfer of a Groundwater Discharge System, and shall be responsible for compliance with the terms and conditions of the UIC Registration or Approval until transfer of the subject facility is complete. Upon purchase of the facility, the new owner shall be responsible for compliance with the terms and conditions of the UIC Registration or Order of Approval. No person shall act under a Registration or Approval issued to another person.
E.Conditions Preventing Transfer: A UIC Registration or Order of Approval shall not be transferred if any of the following conditions apply:
1.The existing owner is not in compliance with the UIC Registration or Order of Approval or these rules, unless the owner can demonstrate that transfer of the Registration or Order of Approval would facilitate returning the facility to compliance;
2.The existing owner has failed to pay any outstanding penalties or costs related to the property as required by the Director, unless any outstanding amount will be paid in conjunction with the transfer of the UIC Registration or Order of Approval; or,
3.The existing owner has failed to perform pursuant to a court order, consent decree, consent agreement or other settlement agreement relating to the facility subject to the UIC Registration or Order of Approval, unless the owner can demonstrate that transfer of the Registration or Order of Approval would facilitate such performance.
F.Temporary Cessation of Discharge: The owner of a facility with a UIC Registration or Order of Approval shall submit to the Director, prior to implementation and in accordance with § 4.17 of this Part, a Notification of Temporary Cessation of a Groundwater Discharge for any proposed interruption or cessation of a groundwater discharge that is planned or expected to extend greater than 120 days. An Approval issued for temporary cessation of a groundwater discharge shall be granted in accordance with § 4.17 of this Part.
G.Closure Requirements: Prior to closure of a groundwater discharge system authorized under a UIC Registration or Order of Approval, the owner shall submit to the Director, a Notification of Termination of a Groundwater Discharge, in accordance with § 4.18(B) of this Part and any other information required by the Director.
H.Expiration of Registration or Approval: A UIC Registration or Order of Approval shall expire if the groundwater discharge system has not been constructed and installed by July 1, 2020 unless otherwise extended by a tolling period pursuant to R.I. Gen. Laws § 42-17.1-2.5. Once a UIC Registration or Order of Approval is expired, a new application and application fee shall be submitted for any proposed activity subject to these rules.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.13** Temporary Groundwater Discharge System Approval {#sec-250-ricr-150-05-4-4.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.13}
A.The owner of a facility with a proposed groundwater discharge identified in § 4.10(A) of this Part may be eligible to apply for a Temporary Groundwater Discharge Approval (“Temporary Approval”) for a pilot project or a groundwater discharge of limited duration that is non-seasonal in nature provided that the groundwater discharge and the groundwater discharge system meet all requirements of these rules. A groundwater discharge authorized under § 4.13 of this Part shall be conducted in a manner to ensure that the groundwater discharge will not adversely impact the groundwater resources of the State or cause or contribute to a violation of these rules or any other State or federal law, rule, regulation or standard.
B.Application Requirements: The owner shall submit to the Director, an Application for a Groundwater Discharge System Approval, prepared in accordance with § 4.8 of this Part, the requirements identified in §§ 4.10(B)(1) through (6) of this Part, as applicable, and any other information required by the application or the Director.
C.Waiver of Application Submittal: The Director shall waive the requirement to submit an application for a proposed groundwater discharge defined in § 4.6(E) of this Part and § 4.6(F)(11) of this Part and any similarly defined discharges to the ground surface, provided the groundwater discharge system subject to these rules is reviewed as part of an active waste clean-up activity at a site that is subject to approval by the RIDEM Office of Waste Management. The owner of a facility with a proposed groundwater discharge system that is eligible for an application waiver must be in compliance with all other applicable provisions of these rules. Approval from the RIDEM Office of Waste Management for such discharge shall constitute approval pursuant to these rules. This waiver shall also apply where addition, expansion or other modification is proposed for a temporary groundwater discharge system subject to approval under these rules that has received such approval from the RIDEM Office of Waste Management.
D.Notification of Installation: The owner shall submit a Notification of Completion of Construction and Installation to the Director within 30 days after completion of construction and installation of a groundwater discharge system, confirming that construction and installation has been completed in accordance with the approved application and associated plans.
E.Notification of Operation: The owner shall submit to the Director, a Notification of Commencement of a Groundwater Discharge within 30 days of the groundwater discharge system start-up.
F.Analytical Characterization: The owner shall submit to the Director within 30 days of the groundwater discharge system start-up, a complete set of compliance monitoring results as required by the Temporary Approval. All compliance monitoring required by a Temporary Approval or the Director shall be performed in accordance with § 4.14 of this Part.
G.Duration of Approval: A Temporary Approval issued in accordance with § 4.13 of this Part shall be non-renewable and valid only as long as necessary and in no case longer than 180 days from the date of the groundwater discharge system start-up. If a separate Application for a Groundwater Discharge System Approval has been filed with the Director, in accordance with § 4.10 of this Part and prior to the date of expiration of the Temporary Approval, the period for which the Temporary Approval is valid may be extended to the date on which a decision on the application is rendered by the Director.
H.Expiration of Approval: An Approval issued under § 4.13 of this Part for a groundwater discharge system that has not been constructed and installed shall expire 5 years from the date of issuance unless extended by a tolling period pursuant to R.I. Gen. Laws § 42-17.1-2.5. Once an Approval is expired, a new application and application fee shall be submitted for any proposed activity subject to these rules.
I.Proposed Changes: Where addition, expansion or other modification as described in § 4.15 of this Part is proposed for a groundwater discharge system authorized under § 4.13 of this Part, the owner shall submit to the Director, an Application to Modify a Groundwater or Stormwater Discharge System and any other information required by the application or the Director. The Director may also require modification at any time if new information that was not available at the time of issuance of a Temporary Approval would have justified the application of additional or different conditions.
J.Closure Requirements: Upon completion of a temporary groundwater discharge, the owner shall submit a Notification of Termination of a Groundwater Discharge, prepared in accordance with § 4.18(B) of this Part, and any other information required by the Director.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.14** Compliance Monitoring of a Groundwater Discharge {#sec-250-ricr-150-05-4-4.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.14}
A.The owner of a facility subject to compliance monitoring requirements that include measurements, reports or characterization of a groundwater discharge or groundwater quality shall submit to the Director, the information required by a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement, no later than 30 days after the sampling collection date, unless otherwise specified by the Director.
B.Analytical Characterization: A representative sample collected for analytical characterization of a groundwater discharge, groundwater quality or other matrixes, as a condition of a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement, shall be analyzed by a laboratory certified by the Rhode Island Department of Health pursuant to the Rules and Regulations for Licensing Clinical Laboratories and Stations or by the National Environmental Laboratory Accreditation Program (NELAP), as appropriate.
C.Proper Operation and Maintenance: The owner shall at all times operate and maintain in good working order, a groundwater discharge system, groundwater monitoring well or other device or system of treatment and control and related appurtenance installed or used to achieve compliance with a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement. The owner shall submit any update to the approved Operation and Maintenance Plan to the Director, as appropriate.
D.Groundwater Monitoring Wells: Any required groundwater monitoring well shall be designed, constructed, installed and decommissioned pursuant to the RIDEM Groundwater Quality Rules Part 3 of this Subchapter. The owner shall operate and maintain all groundwater monitoring wells, piezometers and other measurement, sampling and analytical devices in a manner to ensure the performance of design specifications throughout the life of the monitoring program.
E.Monitoring and Reporting of Groundwater Discharge: All monitoring and reporting of a groundwater discharge shall be performed in accordance with the Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement. An analytical monitoring report subsequently submitted to the Director shall include:
1.Sample description(s);
2.Identification of the specific location of the sample collection point(s). Any modification to a sampling location identified in a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement shall require prior approval from the Director and shall be noted in the monitoring report;
3.The name of the individual who performed the sampling or measurement and the sample collection method used;
4.The exact date, time and place of each sampling or measurement;
5.The date the analysis was performed and the analytical technique or method used;
6.The performing laboratory certification number issued by Rhode Island Department of Health;
7.Documentation of the proper chain of custody for the required sample(s); and,
8.The Certificate of Analysis from the performing laboratory and the results of such analysis (laboratory reporting sheets).
F.Monitoring and Reporting of Groundwater Quality: All monitoring and reporting of groundwater quality shall be performed in accordance with the Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement. An analytical monitoring report subsequently submitted to the Director shall include:
1.The information identified in §§ 4.14(E)(1) through (8) of this Part;
2.A post-construction site plan of the facility, drawn to scale, no larger than 11 inches by 17 inches, identifying the location of:
a.Any buildings at the site, property boundary lines, the abutting street with the nearest utility pole number and a north arrow;
b.Any groundwater monitoring well(s) and the top of casing elevation for each well;
c.Any groundwater discharge system and drinking water supply well at the site;
d.Any neighboring private drinking water well or public water supply within 400 feet of the groundwater discharge system;
3.The elevation of groundwater in the monitoring well(s) at the time of sample collection; and,
4.The direction of groundwater flow.
G.The owner shall notify the Director at the time of occurrence, any instance of noncompliance with a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement, including any monitoring and reporting or operation and maintenance condition which has or may adversely impact the groundwater resources of the State or cause or contribute to a violation of these rules.
H.The owner shall also submit a written report to the Director within 7 days of the occurrence of any noncompliance with a Groundwater Discharge System Registration, Approval, Temporary Approval or other Department requirement, as identified in accordance with § 4.14(G) of this Part, and shall initiate action to correct, minimize or prevent such violation within a specified period of time as determined by the Director, including:
1.Resample and characterize the groundwater discharge or the groundwater quality;
2.Modify the facility operation or process(es) associated with the groundwater discharge;
3.Suspend operation of the groundwater discharge system until compliance is attained;
4.Close the groundwater discharge system in accordance with § 4.18 of this Part and seek an alternate waste disposal method; or,
5.Any other means of corrective action required by the Director.
I.Class IV Injection Wells: Notwithstanding a groundwater discharge system eligible for approval under § 4.10(A)(2) of this Part or subject to waiver under § 4.10(C) of this Part, if a groundwater discharge system is determined through analytical testing to be a Class IV injection well as defined in § 4.6(E) of this Part, the owner shall immediately notify the Director and may be required to cease the groundwater discharge and initiate closure procedures in accordance with § 4.18(D) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.15** Modification of a Groundwater Discharge System {#sec-250-ricr-150-05-4-4.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.15}
A.The owner of a facility operating under a Groundwater or Stormwater Discharge System Registration, Groundwater Discharge System Approval or Temporary Approval shall obtain a modification of the Registration or Approval prior to the initiation of any addition, expansion or other modification or condition related to the groundwater discharge or the groundwater discharge system, including, but not limited to:
1.A change to the type or quality of wastewater or other fluid discharged to the groundwater discharge system;
2.A change to the quantity of wastewater or other fluid discharged to the groundwater discharge system;
3.A change to the approved groundwater discharge system piping or other devices or system of treatment and control and related appurtenances, including a change in placement location; or,
4.A minor modification as described in § 4.15(E) of this Part.
B.The Director shall also require modification of a Registration or Approval under the following conditions:
1.The identification of any information that indicates the approved groundwater discharge has caused or contributed or may cause or contribute to a violation of a primary drinking water regulation under the federal Safe Drinking Water Act or a groundwater quality standard established by the RIDEM Groundwater Quality Rules Part 3 of this Subchapter or any other State or federal law, rule, regulation or standard; or,
2.The identification of new information that was not available at the time of issuance that would have justified the application of additional or different conditions in the Registration or Approval.
C.Application Requirements: The owner shall submit to the Director an Application to Modify a Groundwater or Stormwater Discharge System, prepared in accordance with § 4.8 of this Part, and any other information required by the application or the Director.
D.If at any time, a groundwater discharge or groundwater discharge system is modified to the extent that the analytical characterization or other measurement required by a Groundwater Discharge System Approval or Temporary Approval is incorrect or insufficient, a revised set of parameters shall be established by the Director in accordance with the Approval and these rules.
E.A modification shall be considered minor in order to:
1.Correct significant or meaningful typographical errors;
2.Decrease the frequency of compliance monitoring and reporting of a groundwater discharge or groundwater quality. The Director may modify a Groundwater Discharge System Approval or Temporary Approval to decrease the frequency of monitoring and reporting only if it is determined that the discharge has not changed, the historic facility monitoring data demonstrates such consistency and the continued level of monitoring will not provide additional relevant information; or,
3.Change requirements related to construction and installation of a groundwater discharge system if the change complies with the requirements of these rules.
F.The filing, by the owner, of an Application to Modify a Groundwater or Stormwater Discharge System does not stay any condition of a Groundwater or Stormwater Discharge System Registration, Approval or Temporary Approval.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.16** Transfer of Ownership of a Groundwater Discharge System {#sec-250-ricr-150-05-4-4.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.16}
A.Upon anticipated change of ownership of a facility subject to a Groundwater Discharge System Registration or Approval or a Temporary Approval, the existing facility owner, indicated in the most current Registration or Approval shall initiate transfer to the new owner, unless closure of the groundwater discharge system is proposed. The existing owner is responsible for compliance with the terms and conditions of the Groundwater Discharge System Registration or Approval or Temporary Approval until transfer of the subject facility is complete. Upon purchase of the facility, the new owner shall be responsible for compliance with the terms and conditions of the Groundwater Discharge System Registration or Approval or Temporary Approval. No person shall act under a Groundwater Discharge System Registration or Approval or Temporary Approval issued to another person.
B.Notification Requirements: The existing owner shall submit to the Director, at least 30 days prior to the date of facility transfer, a Notification of Transfer of a Groundwater Discharge System and any other information required by the Director. The Notification shall include a written agreement between the existing owner and the new owner indicating:
1.The anticipated date of facility transfer;
2.Acknowledgement that the responsibility, coverage and liability associated with the Groundwater Discharge System Registration or Approval or Temporary Approval shall transfer upon recordation of the property deed; and
3.Acknowledgement that the new owner has reviewed the Groundwater Discharge System Registration, Approval or Temporary Approval and has agreed to comply with all terms and conditions contained therein upon the facility transfer.
C.Proposed Changes: Any proposed change to the groundwater discharge or to the groundwater discharge system must be noted in the Notification of Transfer of a Groundwater Discharge System and may require modification to the Groundwater Discharge System Registration or Approval or Temporary Approval in accordance with § 4.15 of this Part, or submission of a new application for a Groundwater Discharge System Registration or Approval or Temporary Approval under §§ 4.9, 4.10 or 4.13 of this Part.
D.Conditions Preventing Transfer: A Groundwater Discharge System Registration or Approval or Temporary Approval shall not be transferred if any of the following conditions apply:
1.The existing owner is not in compliance with the Groundwater Discharge System Registration or Approval, Temporary Approval or these rules, unless the owner can demonstrate that transfer of the approval would facilitate returning the facility to compliance;
2.The existing owner has failed to pay any outstanding penalties or costs related to the facility as required by the Director, unless any outstanding amount will be paid in conjunction with the transfer of the Groundwater Discharge System Registration or Approval or Temporary Approval; or
3.The existing owner has failed to perform pursuant to a court order, consent decree or other settlement agreement relating to the facility subject to the Groundwater Discharge System Registration or Approval or Temporary Approval, unless the owner can demonstrate that transfer of the Registration or Approval or Temporary Approval would facilitate such performance.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.17** Temporary Cessation of a Groundwater Discharge {#sec-250-ricr-150-05-4-4.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.17}
A.Notification of Temporary Cessation: The owner of a facility with a groundwater discharge authorized under §§ 4.9 or 4.10 of this Part, shall submit to the Director, prior to implementation, a Notification of Temporary Cessation of a Groundwater Discharge for any proposed interruption or cessation of a groundwater discharge that is planned or expected to extend greater than 120 days, and shall include:
1.The reasons for the interruption or cessation of groundwater discharge;
2.The estimated time frame when the groundwater discharge will cease and be re-started; and,
3.An acknowledgment that any required monitoring of a groundwater discharge, associated with a Groundwater Discharge System Approval will resume when the groundwater discharge is re-started.
B.Groundwater Monitoring and Reporting: All groundwater quality monitoring shall continue, as applicable, in accordance with the monitoring and reporting schedule established in a Groundwater Discharge System Approval or as otherwise required by the Director.
C.Duration of Approval: An approval issued for temporary cessation of a groundwater discharge in accordance with § 4.17 of this Part shall be granted for a one year period. After that time, the owner may submit annually, a request pursuant to § 4.17(A) of this Part, for a one year extension of the temporary cessation of groundwater discharge until such time that the reason for interruption or cessation is no longer valid (e.g. completion of transfer of the Groundwater Discharge System Registration or Approval, modification of the groundwater discharge or the groundwater discharge system or closure of the groundwater discharge system).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.18** Closure of a Groundwater Discharge System {#sec-250-ricr-150-05-4-4.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.18}
A.The owner shall close a groundwater discharge system that is abandoned, no longer in use or required to be closed by the Director, in a manner that prevents adverse impact to the groundwater resources of the State in accordance with all requirements of these rules. This applies to any groundwater discharge system subject to these rules, whether unauthorized or operating under a Groundwater Discharge System Registration or Approval, Temporary Approval or a UIC Registration or Order of Approval issued prior to July 12, 2012. A groundwater discharge system that was installed without approval from the Director and where the owner does not intend or is not eligible to apply under these rules for a Registration or Approval to continue to operate, shall be closed in accordance with § 4.18 of this Part.
B.Notification of Termination for Authorized Discharges: Prior to the initiation of any closure activities, the owner of a groundwater discharge system authorized under these rules or under a UIC Registration or Order of Approval issued prior to July 12, 2012 shall submit to the Director, a Notification of Termination of a Groundwater Discharge and any other information required by the Director. Analytical characterization of soil and/or groundwater at the site may be required following cessation of the groundwater discharge to demonstrate compliance with these rules.
C.Unauthorized Discharge Subject to Registration: Prior to the initiation of any closure activities, the owner of a groundwater discharge system subject to registration under § 4.9 of this Part or a stormwater discharge system subject to § 4.11 of this Part that is associated with a LUHPPL (as defined by the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter) that has been operating without Department authorization shall notify the Director to determine if Notification of Termination under § 4.18(B) of this Part is an available option or if closure of the groundwater discharge system is required in accordance with § 4.18(D) of this Part.
D.Application Requirements: Except as otherwise provided in § 4.18(F) of this Part, prior to the initiation of any closure activities, the owner of a facility that has been operating a groundwater discharge system identified in §§ 4.18(D)(1) through (5) shall submit to the Director, an Application for Closure of a Groundwater Discharge System, prepared in accordance with § 4.8 of this Part, the supporting information listed in § 4.18(E) of this Part, and any other information required by the application or the Director:
1.A groundwater discharge that through analytical testing conducted in accordance with a Groundwater Discharge Registration or Approval or Temporary Approval or other Department requirement has been characterized as having adversely impacted the groundwater resources of the State;
2.A groundwater discharge system subject to § 4.18(C) of this Part that is not eligible for closure under Notification of Termination under § 4.18(B) of this Part;
3.A groundwater discharge system subject to approval under § 4.10 of this Part that has been operating without Department authorization and is not eligible for approval under § 4.10(K) of this Part;
4.A groundwater discharge operating without Department authorization that through analytical testing conducted in accordance with §§ 4.9(F) and 4.11(F) of this Part or other Department requirement has been characterized as having adversely impacted the groundwater resources of the State;
5.A groundwater discharge system operating without Department authorization that has been characterized in accordance with §§ 4.12(B)(2) or 4.14(I) of this Part as having received and/or discharged hazardous wastewater through a Class IV well, as identified in § 4.6(E) of this Part.
E.The owner of a groundwater discharge system subject to closure requirements under § 4.18(D) of this Part shall complete the following:
1.Pre-Closure Notification: Upon Department approval of the Application for Closure of a Groundwater Discharge System, the owner shall notify the Director at least 10 business days prior to the initiation of any on-site activities related to closure of the groundwater discharge system, unless otherwise specified. All closure activities shall be performed as outlined in the application and associated closure plan, as approved.
2.Material Handling: The owner shall ensure that:
a.Any sample of soil, sludge or liquid collected as required for completion of groundwater discharge system closure activities shall be analyzed pursuant to the parameters and testing methodologies specified by the Director and performed in accordance with § 4.14(B) of this Part;
b.Any soil, sludge or liquid removed from or adjacent to the groundwater discharge system shall be managed pursuant to all applicable State and federal laws, rules, regulations or standards; and,
c.Any required groundwater monitoring well(s) shall be designed, constructed, installed and decommissioned pursuant to the RIDEM Groundwater Quality Rules Part 3 of this Subchapter. The owner shall operate and maintain all groundwater monitoring wells, piezometers and other measurement, sampling and analytical devices in a manner to ensure the performance of design specifications throughout the duration of the monitoring program.
3.Post-Closure Report: The owner shall submit to the Director, within 30 days of completion of closure activities, a Groundwater Discharge System Closure Report, including:
a.A narrative description of all completed activities related to closure of the groundwater discharge system;
b.An analytical monitoring report including all information identified in §§ 4.14(E)(1) through (8) of this Part;
c.Any manifest or disposal receipt associated with the removal of any contaminated soil, sludge or liquid generated by closure activities;
d.Photographic documentation of the closure activities performed, including the final excavation pit(s), any structure(s) excavated and any stockpile(s) of generated material;
e.A proposal for any additional soil or groundwater remediation, if necessary; and,
f.Any other information related to closure of the groundwater discharge system.
4.If information contained in the Groundwater Discharge System Closure Report indicates that site conditions have or may adversely impact the groundwater resources of the State or cause or contribute to a violation of these rules, the Director may require the owner to initiate additional corrective action at the site. The Director may also provide the owner with the option to record a land use restriction in lieu of all, or a portion, of the additional corrective action activities required by the Director.
5.Post-Closure Monitoring: The Director may require groundwater quality monitoring or other post-closure activities as deemed necessary. Any required groundwater quality monitoring and reporting shall be conducted in accordance with Department requirements and § 4.14 of this Part.
6.The owner shall decommission all groundwater monitoring devices upon completion of closure activities, in accordance with the RIDEM Groundwater Quality Rules Part 3 of this Subchapter unless continued monitoring of the groundwater quality is required by the Director.
F.The Director shall waive the requirement to submit an Application for Closure of a Groundwater Discharge System listed under §§ 4.18(D)(2) through (5) of this Part, provided that the groundwater discharge system subject to these rules is closed as part of an active waste clean-up activity at a site that is subject to approval by the RIDEM Office of Waste Management. The owner of a facility with a groundwater discharge system that is eligible for an application waiver must be in compliance with all other applicable provisions of these rules. Approval from the RIDEM Office of Waste Management for these closures shall constitute approval pursuant to these rules.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.19** Application Fees {#sec-250-ricr-150-05-4-4.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.19}
A.A nonrefundable fee shall accompany each application as required under these rules in accordance with the schedule below:
TYPE OF APPLICATION OR NOTIFICATION
FEE
Application for a Groundwater Discharge System Registration
$400.00
Application for a Groundwater Discharge System Approval*
$1000.00
(Temporary Groundwater Discharge)**
$250.00
Application for a Stormwater Discharge System Registration
$400.00
Application to Modify a Groundwater or Stormwater Discharge System
$200.00
(Minor Modification)
$100.00
Notification of Transfer of a Groundwater Discharge System
$100.00
Application for Closure of a Groundwater Discharge System
$500.00
* includes review of compliance monitoring data for the duration of the approval
** fee can apply toward a new Application for a Groundwater Discharge System Approval, as applicable
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.20** Enforcement {#sec-250-ricr-150-05-4-4.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.20}
A.Where the Director has determined that any condition exists in violation of a Registration or Approval issued pursuant to these rules, a UIC Registration or Order of Approval issued prior to July 12, 2012 or any other requirement of these rules, the owner shall cease operation or if applicable, the portion of the operation relevant to the violation. If the Director determines that an order of cessation shall not completely abate the condition that caused or contributed to the violation, the owner shall initiate further investigation and/or remediation activities in accordance with Department requirements.
B.Where the Director determines that a pattern of violations of any condition in a Registration or Approval issued pursuant to these rules, a UIC Registration or Order of Approval issued prior to July 12, 2012 or any other requirement of these rules, exists or has existed and that the violations are caused by the failure of the owner to comply or that the violations are willfully caused by the owner, the Director shall terminate the Registration or Approval unless the owner can show cause as to why the Registration or Approval should not be terminated.
C.Pursuant to R. I. Gen. Laws § 42-17.1-2(21) and in consideration of the administrative appeals process under § 4.21 of this Part and R.I. Gen. Laws § 42-35-1, et seq., the Superior Court of Providence County shall have jurisdiction in equity to enforce the provisions of these rules or any order issued pursuant thereto. Proceedings for enforcement shall be instituted and prosecuted in the name of the Director, and in such proceeding in which injunctive relief is sought, it shall not be necessary for the Director to show that without such relief the injury which will result will be irreparable or that the remedy at law is inadequate.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.21** Appeals {#sec-250-ricr-150-05-4-4.21 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.21}
Any person affected by a decision of the Director pursuant to these rules may file a claim for an adjudicatory hearing to review the decision in accordance with the RIDEM Administrative Rules of Practice and Procedure for the Administrative Adjudication Office for Environmental Matters Part 10-00-1 of this Title. Any appeal shall be in writing and shall be filed with and received by the RIDEM Administrative Adjudication Office within 30 days of the effective date of the denial of the subject application or action. The party appealing a Department decision shall bear the burden of proving that their application or action is in compliance with all requirements of these rules and regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.22** Superseded Rules and Regulations {#sec-250-ricr-150-05-4-4.22 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.22}
On the effective date of these rules, all previous rules for the discharge of non-sanitary wastewater and other fluid to or below the ground surface shall be superseded. Any enforcement action taken by, or application submitted to, the Department prior to the effective date of these rules and regulations shall be governed by the rules and regulations in effect at the time the enforcement action was taken or application filed.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.23** Severability {#sec-250-ricr-150-05-4-4.23 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.23}
If any provision of these rules or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the validity of the remainder of the rules shall not be affected thereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
##### **250-RICR-150-05-4 § 4.24** Penalties {#sec-250-ricr-150-05-4-4.24 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-05-4#4.24}
Any person who violates any provision of these rules shall be subject to the penalties assessed pursuant to the RIDEM Rules and Regulations for the Assessment of Administrative Penalties Part 130-00-1 of this Title. Failure to comply with the terms and conditions of a Registration or Approval issued pursuant to these rules or any other requirement of these rules may constitute a violation of the federal Safe Drinking Water Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2014-11-19 to 01/04/2022*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Technical Revision — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2014-11-19 to 11/19/2014*
- *Amendment — effective from 2012-07-12 to 11/19/2014*
- *Periodic Refile — effective from 2001-12-31 to 07/12/2012*
### **Subchapter 10** Wastewater & Storm Water
#### **250-RICR-150-10-2** Rhode Island Pretreatment Regulations
##### **250-RICR-150-10-2 § 2.1** Purpose and Objectives {#sec-250-ricr-150-10-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.1}
A.These regulations establish a state and local pretreatment system in conjunction with the National Pretreatment Standards in order to control pollutants which pass through or interfere with treatment processes in Publicly Owned Treatment Works (POTWs) or which may contaminate sewage sludge. These regulations implement R.I. Gen. Laws Chapter 46-12 in conformance with the Clean Water Act, 33 U.S.C. § 1251, et seq., and those regulations and standards promulgated by the United States Environmental Protection Agency (EPA). It imposes responsibilities on the state, local government, industry and the public to help implement pretreatment standards.
B.These regulations are intended to fulfill three objectives:
1.To prevent the introduction of pollutants into POTWs which will interfere with the operation of a POTW, including interference with its use or disposal of municipal sludge;
2.To prevent the introduction of pollutants into POTWs which will pass through the treatment works or otherwise be incompatible with such works; and,
3.To improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.2** Authority {#sec-250-ricr-150-10-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.2}
The authority for these regulations is vested in the Director by R.I. Gen. Laws Chapter 46-12, Water Pollution, Chapter 42-17.1, Environmental Management and Chapter 42-17.6, Administrative Penalties for Environmental Violations. These Rules and Regulations are further promulgated pursuant to the requirements and provisions of all Chapters of the R.I. Gen. Laws relating to the duties and responsibilities of the Director for the waters of the State, and in accordance with the requirements of R.I. Gen. Laws Chapter 42-35, Administrative Procedures Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.3** Incorporated Materials {#sec-250-ricr-150-10-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.3}
These regulations hereby adopt and incorporate 40 C.F.R. § 403 (2018), including Appendices A through G, 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.4** Definitions {#sec-250-ricr-150-10-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.4}
A.The definitions found at 40 C.F.R. § 403.3 (2018), incorporated above at § 2.3 of this Part, are hereby amended to include the following definitions:
1."Department" means the Rhode Island Department of Environmental Management.
2.“Director” means the Director of the Department or any subordinate or subordinates to whom he/she has delegated the powers and duties vested in him/her by these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.5** Application {#sec-250-ricr-150-10-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.5}
A.The terms and provisions of these Rules and Regulations shall be liberally construed in conjunction with the Clean Water Act, 33 U.S.C. § 1251, et seq., and accompanying Federal Regulations to allow the Department to effectuate the purposes of state law.
B.Upon adoption by EPA or the State of additional or more stringent regulations affecting the Rhode Island Pollutant Discharge Elimination System Permit Program or the pretreatment standards, these rules shall be revised to comply with such new regulations following the notice, hearing and public comment provisions of the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
C.These regulations apply to:
1.Pollutants from non-domestic sources covered by Pretreatment Standards which are indirectly discharged into or transported by truck or rail or otherwise introduced into POTWs as defined in § 2.4(A) of this Part;
2.POTWs which receive wastewater from sources subject to National Pretreatment Standards; and,
3.Any new or existing source subject to Pretreatment Standards. National Pretreatment Standards do not apply to sources which discharge to a sewer which is not connected to a POTW Treatment Plant.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.6** Local Law {#sec-250-ricr-150-10-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.6}
Nothing in this regulation is intended to affect any Pretreatment Requirements, including any standards or prohibitions, established by local law as long as the local requirements are not less stringent than any set forth in National Pretreatment Standards, or any other requirements or prohibitions established under this regulation, the Clean Water Act, 33 U.S.C. § 1251, et seq., or 40 C.F.R. § 403 (2018) incorporated above at § 2.3 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.7** National Pretreatment Standards: Prohibited Discharges {#sec-250-ricr-150-10-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.7}
A.Industrial Users shall not discharge any substances that are not consistent with the National Pretreatment Standards, as set forth in 40 C.F.R. § 403.5 (2018), incorporated above at § 2.3 of this Part. In addition, the following specific prohibition shall also apply:
B.Legend Drugs (Non-Controlled Prescription Drugs) shall not be discharged to the sewer, unless specifically required by Department of Health “Rules and Regulations Governing the Disposal of Legend Drugs” or FDA guidance.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.8** National Pretreatment Standards: Categorical Standards {#sec-250-ricr-150-10-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.8}
All Users shall comply and all Rhode Island Industrial Pretreatment Programs shall include requirements to ensure that Industrial Users comply with pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new industrial users in specific industrial subcategories that are consistent with National Pretreatment Standards, as set forth in 40 C.F.R. § 403.6 (2018), incorporated above at § 2.3 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.9** Revision of Categorical Pretreatment Standards to Reflect POTW Removal of Pollutants {#sec-250-ricr-150-10-2-2.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.9}
All Rhode Island Industrial Pretreatment Programs shall include pretreatment standards that allow for the revision of Categorical Pretreatment Standards to reflect POTW removal credit, as set forth in the requirements found at 40 C.F.R. § 403.7 (2018), incorporated above at § 2.3 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.10** POTW Pretreatment Programs: Development and Implementation by POTW {#sec-250-ricr-150-10-2-2.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.10}
A.All POTWs required to develop a Pretreatment Program shall include pretreatment standards that meet the requirements for Pretreatment Programs by POTWs, as set forth in the requirements found at 40 C.F.R. § 403.8 (2018), incorporated above at § 2.3 of this Part, which are hereby amended to include the following additional requirement:
1.Zero Discharge Permits shall be issued for Categorical Industrial Users that do not discharge industrial process wastewater to the sewer and that generate over 100 gallons per day of industrial process wastewater. Further, all such industries shall be inspected by the POTW at least annually to verify zero discharge status. Certification of zero discharge must also be submitted by the Industry to the Pretreatment Program a minimum of annually.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.11** POTW Pretreatment Programs and/or Authorization to Revise Pretreatment Standards: Submission for Approval {#sec-250-ricr-150-10-2-2.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.11}
All POTWs required to develop a Pretreatment Program shall include pretreatment standards that that meet the requirements for POTW pretreatment programs and/or authorization to revise pretreatment standards and submission for approval, as set forth in the requirements found at 40 C.F.R. § 403.9 (2018), incorporated above at § 2.3(A) of this Part, and the requirements of these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.12** State Program in lieu of POTW Program {#sec-250-ricr-150-10-2-2.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.12}
Notwithstanding the provision of § 2.10 of this Part, the Department may assume responsibility for implementing the POTW Pretreatment Program requirements set forth in § 2.10 of this Part, in lieu of requiring the POTW to develop a Pretreatment Program. However, this does not preclude POTWs from independently developing Pretreatment Programs.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.13** Approval Procedures for POTW Pretreatment Programs and POTW Revision of Categorical Pretreatment Standards {#sec-250-ricr-150-10-2-2.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.13}
All POTWs required to develop a Pretreatment Program shall include procedures that meet the requirements for approval of POTW Pretreatment Programs and revision of Categorical Pretreatment Standards, as set forth in the requirements found at 40 C.F.R. § 403.11 (2018), incorporated above at § 2.3 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.14** Reporting Requirements for POTWs and Industrial Users {#sec-250-ricr-150-10-2-2.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.14}
A.All POTWs required to develop a Pretreatment Program shall include procedures that meet the reporting requirements for POTWs and Industrial Users, as set forth in the requirements found at 40 C.F.R. § 403.12 (2018), incorporated above at § 2.3 of this Part, which are hereby amended to include the following additional requirement:
1.Rhode Island Industrial Pretreatment Programs shall develop a definition of "substantial change" in Industrial User discharge and shall implement procedures that require the Department to be notified of these substantial changes in discharge prior to acceptance.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.15** Variances from Categorical Pretreatment Standards for Fundamentally Different Factors {#sec-250-ricr-150-10-2-2.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.15}
All POTWs required to develop a Pretreatment Program shall include procedures that meet the requirements for variances from Categorical Pretreatment Standards for fundamentally different factors, as set forth in the variance requirements found at 40 C.F.R. § 403.13 (2018), incorporated above at § 2.3 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.16** Confidentiality {#sec-250-ricr-150-10-2-2.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.16}
A.The Confidentiality provisions found at 40 C.F.R. § 403.14 (2018), incorporated above at § 2.3 of this Part, are hereby incorporated and amended to include the following:
1.In accordance with R.I. Gen. Laws § 46-12-19, effluent data, permits, or permit application forms submitted to the Director or to a POTW shall be available to the public without restriction.
2.All other information submitted to the Director or the POTW shall be available to the public at least to the extent provided by R.I. Gen. Laws § 46-12-19.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.17** Net/Gross Calculation {#sec-250-ricr-150-10-2-2.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.17}
All POTWs required to develop a Pretreatment Program shall include procedures that meet the requirements for net/gross calculation of Categorical Pretreatment Standards, as set forth in the requirements found at 40 C.F.R. § 403.15 (2018), incorporated above at § 2.3 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.18** Upset Provision {#sec-250-ricr-150-10-2-2.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.18}
All POTWs required to develop a Pretreatment Program shall include procedures that meet the requirements for upset provisions, as set forth in the requirements found at 40 C.F.R. § 403.16 (2018), incorporated above at § 2.3 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.19** Modification of Pretreatment Programs {#sec-250-ricr-150-10-2-2.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.19}
All Rhode Island Industrial Pretreatment Programs shall include procedures for modification of pretreatment programs, as set forth in the requirements found at 40 C.F.R. § 403.18 (2018), incorporated above at § 2.3 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
##### **250-RICR-150-10-2 § 2.20** Appendix A - G {#sec-250-ricr-150-10-2-2.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-2#2.20}
Appendix A through G found at 40 C.F.R. § 403 (2018), incorporated above at § 2.3 of this Part, are hereby incorporated.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-06-25 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 06/25/2018*
#### **250-RICR-150-10-3** Rules and Regulations for Sewage Sludge Management
##### **250-RICR-150-10-3 § 3.1** Purpose {#sec-250-ricr-150-10-3-3.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.1}
The purpose of these rules and regulations is to ensure that sewage sludge that is treated, land applied, disposed, distributed, stockpiled or transported in the State of Rhode Island is done so in a manner to protect public health and to avoid degradation of the environment. To achieve this purpose, these rules and regulations establish procedures governing the management of sludge.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.2** Authority {#sec-250-ricr-150-10-3-3.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.2}
These rules and regulations are promulgated pursuant to the requirements and provisions of R.I. Gen. Laws Chapter 42-17.1, "Department of Environmental Management", Chapter 42-17.6, "Administrative Penalties for Environmental Violations", Chapter 46-12, "Water Pollution", Chapter 23-18.9, "Refuse Disposal", Chapter 23-19.1, "Hazardous Waste Management", and Chapter 42-35, "Administrative Procedures Act".
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.3** Applicability {#sec-250-ricr-150-10-3-3.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.3}
A.These rules and regulations apply to all sludge generated by publicly owned treatment works or privately owned treatment works that is managed in the State of Rhode Island. All sludge generated by publicly owned treatment works or privately owned treatment works that enters the State of Rhode Island for the purpose of transportation only, shall also be subject to the transportation requirements of these rules and regulations.
B.In addition to compliance with these rules and regulations, certain proposed facilities or sites may require compliance with legal requirements imposed by the federal government, other state agencies or offices within the Department and/or local governmental entities (governmental requirements). These rules and regulations are intended to be and should be interpreted to be consistent and/or complementary with said governmental requirements and any perceived conflicts are unintentional. Should a perceived conflict arise between or among these rules and regulations and the governmental requirements imposed by other departmental regulations or other governmental entities, the most stringent requirement shall govern.
C.Byproducts or wastes from commercial or industrial treatment works that do not contain sewage sludge are not subject to these rules and regulations but may be subject to other applicable State and Federal regulations for solid waste or hazardous waste. Byproducts or wastes from commercial or industrial treatment works that contain sewage sludge may also be subject to applicable State and Federal regulations for solid waste or hazardous waste.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.4** Liberal Application {#sec-250-ricr-150-10-3-3.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.4}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.5** Definitions {#sec-250-ricr-150-10-3-3.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.5}
A.For the purposes of these rules and regulations, the following terms shall have the following meanings:
1."Abutter" means any person who owns property adjacent to, or across a road, railroad, or stream from a proposed facility or site.
2."Agricultural lands" means those lands utilized for or having the potential for the production of food crops, feed crops or fiber crops.
3."Agronomic rate" means the sludge application rate that is designed to provide the amount of nitrogen or other nutrient(s) needed by the crop or vegetation and minimize the amount of nitrogen that passes below the root zone of the crop or the vegetation to the groundwater.
4."Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells and springs.
5."Applicant" means a person who applies for an Order of Approval or the Director's approval pursuant to these rules and regulations.
6."Beneficial use" means taking advantage of the nutrient content and/or soil conditioning properties of sludge by supplying agronomic or soil conditioning benefits such as nitrogen, phosphorus, micronutrients, or organic matter needs for crops, silviculture or establishing a vegetative cover for reclamation sites.
7."Bulk distribution" means the distribution of Class A Biosolids in a container greater than 100 pounds.
8."Bulking agent" means material such as sawdust, woodchips or yard trimmings which is added to the sludge to provide structure, lower total moisture content, allow air to reach and be held in small pockets by preventing settling and compaction of the sludge, and in some cases to act as a carbon source for composting operations.
9."Class A biosolids" means any treated sludge that meets the metals and pathogen limits established in § 3.32 of this Part.
10."Class B biosolids" means any treated sludge that does not meet the metals limits established in § 3.32 of this Part but meets the metals limits established in § 3.33 of this Part.
11."Class C biosolids" means any treated sludge that does not meet the metals limits established in § 3.33 of this Part.
12."Closure" means the procedures used to cease the use of a facility, or a portion thereof, in a manner that will minimize future risks of environmental damage, and includes all post-closure inspection, monitoring, and maintenance activities.
13."Composting" means the biological method of stabilizing organic residues through an aerobic, self-heating process.
14."Cover" means soil or other approved material placed over sewage sludge in a land disposal site or sewage sludge or solid waste in a solid waste landfill.
15."Department" means the Rhode Island Department of Environmental Management.
16."Director" means the Director of the Department of Environmental Management or any designee to whom the Director delegates any powers and duties vested in that office.
17."Disposal" means the final discharge, deposit, injection, dumping, mixing, spilling, leaking, incinerating, or placing of sludge into or onto any land so that such sludge or any constituent thereof may enter the environment, be emitted into the air or be discharged into any surface water or groundwater.
18."Distributor" means any person who distributes or markets Class A Biosolids. Any person that receives and distributes or markets packaged Class A Biosolids exclusively is not considered a distributor.
19."Facility" means any building, structure and operation, including land or appurtenances thereto, on one contiguous site used for the generation, processing or management of sludge. A facility includes, but is not limited to a publicly or privately owned treatment works, sludge treatment facility, sludge-only landfill (or monofill), sludge incinerator and site where sludge is treated, stockpiled or mixed with other sludge or other material for shipment off-site.
20."Feed crops" means crops grown for consumption by animals.
21."Fiber crops" means crops, such as flax or cotton that are cultivated for their fiber content and are not consumed by humans or by animals intended for human consumption.
22."Flood plain" means that land area adjacent to a river which is, on the average, likely to be covered with flood water resulting from a 100 year frequency storm, and shall be that land so designated as flood plain on the U.S. Department of Housing and Urban Development Federal Insurance Administration Flood Hazard Boundary Map, currently administered by FEMA.
23."Food crops" means crops, including tobacco, consumed by humans.
24."Generator" means the person who holds title to a publicly owned treatment works or privately owned treatment works located in Rhode Island that produces sewage sludge or the facility or site located in Rhode Island where sludge is mixed or treated to produce another material.
25."Groundwater" means water found underground which completely fills the open spaces between particles of soil and spaces within rock formations.
26."Hazardous waste" means any waste as defined in accordance with R.I. Gen. Laws Chapters 23-19.1 and 23-19.4, and regulations adopted pursuant thereto.
27."Incorporated into the soil" means the injection of liquid sludge beneath the surface of the soil or the mixing of sludge with the surface soil for beneficial use.
28."Land application" or "land-applied" means the spraying or spreading of sludge onto the land surface; the injection of sludge below the land surface; or the incorporation of sludge into the soil so that the sludge can either condition the soil or fertilize crops or vegetation grown in the soil.
29."Land disposal" or "land-disposed" means the burial of sludge in a sludge-only landfill (or monofill). Burial of sludge in a solid waste landfill is not considered land disposal.
30."Lead free" means any sludge having no lead present or having lead present in amounts less than the standards established in the Rhode Island Department of Health "Rules and Regulations for Lead Poisoning Prevention".
31."Lead safe" means any sludge, which pursuant to the Rhode Island Department of Health "Rules and Regulations for Lead Poisoning Prevention," poses no significant environmental lead exposure hazard despite having a lead concentration above that required for a designation as "lead free" (see § 3.5(A)(30) of this Part above).
32."Management" or "manage" means the supervising, controlling, or undertaking of any sludge activity(ies) regulated under these rules and regulations including transporting, processing, land applying, disposing, stockpiling, treating or distributing of sludge.
33."Monitoring well" means a cased and screened well that intercepts the groundwater and can be used to detect the presence of groundwater contamination. All monitoring wells are to be designed based on criteria established by the Department.
34."Office of water resources" means the Office of Water Resources of the Department of Environmental Management.
35."Operator" means the person in control of or having responsibility for managing the sludge activity(ies) at a facility, site or publicly or privately owned wastewater treatment facility.
36."Order of approval" means a written document issued by the department, which authorizes the holder to manage a site or facility or transport sludge according to the terms of the document.
37."Owner" means the person named on the Federal National Pollutant Discharge Elimination System (NPDES) or the Rhode Island Pollutant Discharge Elimination System (RIPDES) permit issued for a facility or the applicant named on the Order of Approval or the person holding title to a facility or site where sludge is generated and/or managed or is proposed to be generated and/or managed.
38."Pathogen" means disease-causing organisms including, but not limited to, certain bacteria, protozoa, viruses, and viable helminth ova.
39."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 any quasi-governmental corporation) or of any interstate body.
40."pH" means the logarithm of the reciprocal of the hydrogen ion concentration (base 10).
41."Pollutant" means any dredged material, solid waste, incinerator residue, sewage, garbage, sewage sludge, sediment, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial or municipal or agricultural waste or effluent, petroleum or petroleum products, including but not limited to oil; or any material which will likely alter the physical, chemical, biological or radiological characteristics and/or integrity of water.
42."Private drinking water supply well" means any well established for the purpose of meeting all or part of a person's potable water needs provided said well does not supply a public drinking water supply.
43."Privately owned treatment works" means any facility which is owned by a private individual or private party or corporation or other private entity and is used for the treatment of pollutants. This definition includes sewers, pipes if they convey wastewater to a privately owned treatment works as well as any equipment, buildings or machinery used in the treatment operation.
44."Processing" means any activity that reduces the quantity of sludge or alters its chemical, biological, or physical state.
45."Processes to significantly reduce pathogens" or "PSRPs" and "processes to further reduce pathogens" or "PFRPs" means the processes listed in §§ 3.28 and 3.29 of this Part, respectively, which will reduce pathogens in sludge.
46."Public drinking water supply well" means any well supplying a water system with piped water for human consumption, provided that such a system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year.
47."Publicly owned treatment works" means any facility which is used for the treatment of pollutants and is owned by the state or any political subdivision thereof, municipality, or other public entity, including any quasi-governmental corporation. This definition includes sewers, pipes if they convey wastewater to a publicly owned treatment works and any equipment, buildings or machinery used in the treatment operation.
48."Reclamation" means the addition of organic matter and nutrients to improve and/or promote establishment of vegetation on soils which have been severely disturbed or which are in a poor vegetative state.
49."Septage" means either liquid or solid material removed from a septic tank, cesspool, portable toilet, marine sanitation device, or similar treatment works that receives only domestic sewage.
50."Sewage" or "wastewater" means human waste, or wastes from toilets and other receptacles intended to receive or retain body waste, and any wastes, including wastes from human households, commercial establishments, and industries.
51."Silviculture" means the growing or cultivation of forests.
52."Site" means contiguous land areas owned by the same person(s) on which sludge is managed even if the land area is divided by a highway, railroad, water body, or boundary of a political subdivision.
53."Sludge" or "sewage sludge" means residue, partially solid, or solid, treated or untreated, resulting from the treatment of sewage, including such residues from the cleaning of sewers, by processes, such as settling, flotation, filtration and centrifugation, that does not meet the criteria for a hazardous waste. Domestic septage is not considered sludge.
54."Solid waste regulations" means the "Rules and Regulations for Solid Waste Management Facilities", Rhode Island Department of Environmental Management, Subchapter 05 Part 1 of this Chapter.
55."Stockpiling" means the storage of sludge.
56."Surface water" means any waters of the State that are not groundwaters.
57."Toxicity characteristic leachate procedure" or "TCLP" means a quantitative analysis to determine hazardous characteristics as described in 40 C.F.R. § 261, Appendix II.
58."Transporter" means any person engaged in the removal or transporting of sludge.
59."Treated sludge" means sewage sludge that is treated by one or more of the methods listed in § 3.29 of this Part.
60."Vector" means a carrier that is capable of transmitting a pathogen from one organism to another, including but not limited to flies and other insects, rodents, birds and other vermin.
61."Waters of the state" or "the waters" means all surface water and groundwater of the State of Rhode Island, including all tidewaters, territorial seas, wetlands, land masses partially or wholly submerged in water, and both inter- and intra-state bodies of water which are, have been or will be used in commerce, by industry, for the harvesting of fish and shellfish or for recreational purposes.
62."Well" means a bored, drilled or driven shaft or a dug hole, with a depth greater than its largest surface dimension, through which groundwater flows under natural or induced pressure.
63."Wellhead protection area" means that portion of the ground surface and subsurface area surrounding a public well or wellfield through which water will move toward and reach such well or wellfield as designated by the Director in accordance with the Rhode Island Wellhead Protection Program.
64."Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. For freshwaters, wetlands are determined by the Office of Water Resources using the Rules and Regulations Governing the Enforcement and Administration of the Freshwater Wetlands Act, Subchapter 15 Part 1 of this Chapter. Coastal wetlands are determined by rules and regulations under the jurisdiction of the Coastal Resources Management Council.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.6** Sludge Management Operations {#sec-250-ricr-150-10-3-3.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.6}
A.The owner or operator of a facility or site is required to operate and maintain properly all equipment and systems used to achieve compliance with these rules and regulations. Proper operation and maintenance includes effective performance, adequate funding, adequate staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.
B.Upon any interruption in operations of the facility or site due to loss or reduction of power or other equipment failure, the owner or operator shall control management of the facility or site to the extent necessary to maintain compliance with these rules and regulations until such time as power or other equipment is restored or an alternative method of management is provided.
C.The owner or operator shall take immediate action necessary to correct any noncompliance with these rules and regulations when such noncompliance may have an adverse effect on public health or the environment.
D.The owner or operator shall notify the Office of Water Resources in writing, at least ninety (90) days prior to any alteration or modification of the facility or site, change in management practices of the facility or site, or any other activity which may result in noncompliance with these rules and regulations.
E.The owner or operator shall immediately notify the Office of Water Resources of any substantial change in the volume or composition of sludge resulting from the introduction of pollutants into the facility or site. The notice shall include information on the quantity and composition of sludge, the source of the new pollutants or efforts made to discover the source, and any impacts on management practices resulting from the change.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.7** Requirements for Order of Approval {#sec-250-ricr-150-10-3-3.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.7}
A.The owner or operator of a facility or site must obtain an Order of Approval. The owner or operator of the facility or site must operate at all times in accordance with the Order of Approval, the completed Application for Order of Approval and the Management Plan for the facility or site.
B.Except as provided in § 3.7(C) of this Part below, an Order of Approval shall be required for:
1.The processing, treatment, transporting, land application, land disposal, co-disposal (of sludge and solid waste), incineration and/or distribution of sludge;
2.All sludge mixing facilities and sites where the resultant sludge is to be used on site or off site;
3.All sludge stockpiling facilities and sites; and,
4.The closure of a land disposal facility or site.
C.Unless the Director determines that an Order of Approval is necessary for a specific facility or site to protect public health and to avoid degradation of the environment, an Order of Approval shall not be required for:
1.The transportation of Class A Biosolids;
2.The interstate transportation of sludge that is not generated, processed, transferred, stored, used or disposed of in the State of Rhode Island;
3.Any site upon which Class A Biosolids is land applied for beneficial use which meets the following conditions:
a.The Class A Biosolids is generated by a facility that holds a valid Order of Approval from the Department to generate Class A Biosolids;
b.The owner of the site or the person land applying the Class A Biosolids is not the owner of the facility or site where the Class A Biosolids is generated;
c.The Class A Biosolids is stored at the land application site no longer than six (6) months prior to land application;
d.The quantity of Class A Biosolids stored at the land application site is consistent with the appropriate application rate and size of the land application area;
e.The stockpile area and land application area is not located within fifty (50) feet of any surface water;
f.Adequate erosion control is used to prevent material from entering any waters of the state;
g.The site complies with Part 120-05-17 of this Title;
h.The person land applying the Class A Biosolids at the site possesses and follows a Department-approved User’s Guide provided by the facility that generates the Class A Biosolids; and
i.Land application does not take place during the period starting on the first day of November and ending the last day of February.
4.Any Class A Biosolids distribution facility and/or mixing facility or site, such as a landscaping company or soil blending facility, or stockpile site which meets the following conditions:
a.The Class A Biosolids is generated by a facility that holds a valid Order of Approval from the Department to generate Class A Biosolids;
b.The owner of the site is not the owner of the facility or site where the Class A Biosolids is generated;
c.The facility or site is not located within 50 feet of a surface water body;
d.The amount of unmixed Class A Biosolids stockpiled at the site does not exceed 500 cubic yards at any one time (any mixed material that contains more than 40% Class A Biosolids by volume shall be considered unmixed for the purposes of this storage limit);
e.Other than the mixing of Class A Biosolids with soil or appropriate soil amendment materials, no further processing or treatment of the Class A Biosolids takes place at the facility or site;
f.The Class A Biosolids or mixed Class A Biosolids is intended for beneficial use;
g.If mixing takes place, the mixing process does not degrade the quality of the Class A Biosolids;
h.The site has adequate erosion control to prevent mixed or unmixed Class A Biosolids from entering waters of the state;
i.The site complies with Part 120-05-17 of this Title; and,
j.The owner or operator of the facility or site provides a department-approved User’s Guide or information sheet to any person(s) that receives unmixed Class A Biosolids from the facility or site pursuant to §§ 3.12(B)(2)(a) through (b) of this Part.
D.An application for Order of Approval must be submitted at least ninety (90) days prior to the anticipated date of operation of any proposed facility or site. Said application must be accompanied by the appropriate application fee along with any plans, specifications and a Management Plan as stipulated in these rules and regulations. Where the facility or site is not owned by the applicant, certified copies of any lease or contracted agreements or other documentation acceptable to the Department providing the applicant with adequate authority to engage in the proposed activity at the subject facility or site must also be submitted. Where such information has been previously submitted to the Director and approved and where the applicant proposes to continue the previously approved means of sludge management or when utilizing an approved site, the Director may waive the requirement that additional plans, specifications and Management Plans accompany the application.
E.A person may request approval from the Director to conduct a one-time pilot project for the beneficial use of no more than thirty (30) cubic yards of Class A Biosolids in those instances where the distributor that is to provide the Class A Biosolids does not hold an Order of Approval from the department to generate or distribute Class A Biosolids. Such a request must be submitted in writing and must include a description of the source of the sludge, lab analysis demonstrating that the sludge meets Class A Biosolids standards and a detailed description of the nature of the pilot project. An application fee is not required for such projects.
F.The Director may require that the applicant provide notification of any Application for Order of Approval to all potentially affected parties as determined by the Director. At a minimum, the applicant may be required to notify all abutters of the proposed facility or site. The Commissioner may schedule a public hearing as required pursuant to R.I. Gen. Laws Chapter 42-35 to solicit public comment prior to rendering a decision on the application. The applicant shall be required to pay the expenses for notice and hearing.
G.The owner or operator of an approved facility or site who seeks to change the treatment, disposal, distribution or land application methods, or who seeks to add facilities or sites, must apply for a new Order of Approval for such modifications at least ninety (90) days prior to the anticipated modification.
H.The Department must issue an Order of Approval on an application for a proposed facility or site prior to implementation of the sludge treatment, stockpiling, land application, disposal or distribution at the facility or site. Said approval shall remain in full force and effect until terminated by the Director.
I.In those instances where sludge management at a facility or site is delegated by the owner to another person, it shall remain the responsibility of the owner to meet all requirements of these rules and regulations and to submit the necessary documents for the Director to issue an Order of Approval.
J.Approval of a facility or site involves an initial evaluation of the plan in accordance with § 3.8 of this Part.
K.Upon receipt of an application the Department shall review the application for completeness. If the application is incomplete, the Department shall list the information necessary to make the application complete and shall specify a date for submitting the necessary information. Where the Department has deemed an application to be deficient, the processing of the application will be suspended and the applicant given a deadline to correct said deficiencies to the satisfaction of the Department. If the applicant fails or refuses to correct said deficiencies within the time period specified or extension granted by the Department, the application shall be denied.
L.After an application is determined to be complete, the Department may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete, but if the applicant fails or refuses to submit such information, the application may be denied.
M.During the review of an application, the Department shall determine whether a site visit(s) and inspection are necessary in order to evaluate the application completely and accurately. If the Department decides that a site visit is necessary for any reason in conjunction with the processing of an application, the applicant shall be notified and a site visit shall be scheduled.
N.The department shall issue an Order of Approval when and if it determines that all applicable requirements of these rules and regulations have been met.
O.An owner of a facility or site may apply to the Director for a transfer of the Order of Approval to a new owner. The current owner must apply to the Director in writing by certified mail of the proposed transfer at least ninety (90) days prior to the proposed transfer date and must include the following information:
1.Name and address of the subject facility or site;
2.Name and address of new owner(s) and operator(s);
3.Names and addresses of the person(s) upon whom the Director may serve legal process;
4.A notarized statement signed by a duly authorized officer or agent of the new owner stating that he or she has read the original Application for Order of Approval and believes that to the best of his or her knowledge there has been no material change in the operations of the facility or site since the Order of Approval was issued or describes the changes that have occurred since the Order of Approval was issued; and,
5.A proposed transfer date on which the new owner will assume the Order of Approval and all accompanying responsibility.
P.The Director may approve a change in the method of treatment, disposal, land application, or transportation of sludge from a publicly owned treatment works or privately owned treatment works for emergency situations without requiring the owner or operator of the facility to first apply for an Order of Approval. The owner or operator of the facility must submit to the Director an Application for Order of Approval within fourteen (14) days of receiving an emergency approval from the Director.
Q.The owner or operator of an approved facility or site shall furnish to the Department within a reasonable time, any information which the Department may request to determine whether cause exists for modifying, suspending, or revoking the facility or site’s Order of Approval. The owner or operator of an approved facility or site shall also furnish to the Department upon request, copies of records required by the Order of Approval.
R.The owner or operator of an approved facility or site shall retain records of all information required under the Order of Approval for a period of at least five (5) years from the date that record was generated. This period may be extended by request of the Department at any time.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.8** Application for Order of Approval {#sec-250-ricr-150-10-3-3.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.8}
A.This rule outlines the information that must be filed with the Department when applying for an Order of Approval to manage sludge. This rule does not apply to an applicant that proposes to only transport sludge (see § 3.14 of this Part). A registered professional engineer or land surveyor must stamp plans and submissions required below. The plans should be scaled to fit on a standard 24 x 36 inch sheet wherever possible. Larger sheets must be used when the minimum scale requirements do not permit the use of 24 x 36 inch sheets. The Director may require additional information if necessary to satisfy the requirements of these rules and regulations.
B.Application Form. The applicant shall provide information on the proposed sludge management activity on an application form obtained from the department.
C.Initial Investigation Plans. Copies of the latest U.S. Geological Topographic Map, Farm Services Agency aerial maps and the United States Department of Agriculture Soil Survey Map, with the facility or site outlined and an indication of the required setbacks shall be submitted to the Office of Water Resources prior to all other required information. This will allow initial evaluation of the plan relating to wetlands, aquifers, and soil type before large investigatory and developmental expenditures are made. A report of the evaluation shall be made to the applicant. The report shall list what submissions, from §§ 3.8(D) through (I) of this Part below and from other rules in this part specific to the proposed management activity, must be submitted to the Office of Water Resources to obtain an Order of Approval.
D.Radius Plan. A radius plan including all the information listed below shall be submitted. The radius plan must be drawn at a minimum scale of one inch to two hundred feet (1"=200') and include all areas within a one quarter (1/4) mile radius from all property lines of the site. The required information includes:
1.All buildings;
2.All water supplies (wells, etc.);
3.All surface watercourses and wetlands;
4.All roads;
5.All boring locations (where applicable);
6.Legal boundaries of facility or site;
7.North arrow;
8.Extent of one hundred (100) year flood plain (where applicable), and,
9.Local zoning and permitting requirements.
D.Soil Borings. Borings are required for all proposed areas to be filled at a land disposal site or developed as an uncovered sludge treatment facility or site. Soil borings are not required for proposed land application sites. The minimum number of borings required is listed below:
Proposed No. of Acres
No. of Borings
1 – 10
3
11 - 50
6
51 - 100
12
101 - 200
18
Over 200
24 plus 1 for every 10 acres over 200
E.Split spoon samples shall be collected at a minimum of five (5) foot intervals. A soil description shall be provided for each split spoon sample. All borings should be driven to a minimum depth of twenty (20) feet below the proposed bottom level of sludge or to refusal. The following information contained on the boring logs should be submitted:
1.Depth of the maximum elevation of the groundwater table (to be measured at a minimum of twenty four (24) hours after the boring is taken);
2.A detailed soil profile description to a depth of four (4) feet must be submitted for each soil mapping unit on the site. The required information includes:
a.Color of each horizon;
b.Texture of each horizon;
c.Depth of each horizon;
d.Depth to mottles (if any);
e.Amount of coarse fragments (if any);
f.Depth to bedrock (if encountered);
g.Consistence or relative density, and,
h.Slope.
3.Method of boring;
4.Blow counts, and,
5.Date boring was taken.
F.The boring should be located to give the best indications of subsurface conditions for the whole site that can be obtained considering the limited number of borings required. The groundwater table elevation determination shall be made when the water table is highest; this occurs usually during the months of January through April. (Specific dates may be determined on a yearly basis by the Director.) All boring holes must be maintained for future water table elevation determinations. If the Director feels it necessary, additional borings may be required.
G.Groundwater Survey. A groundwater survey showing the maximum ground water elevations, the direction of groundwater flow, and an estimation of the rate of flow (including calculations) shall be submitted.
H.Site Delineation. The following areas at the proposed site shall be marked with stakes at the time of the engineering survey. The stakes must be a minimum of two (2) feet high, clearly visible and maintained at all times. All sites shall include the following delineations:
1.Areas enclosed by legal boundaries; and,
2.Areas to be developed or filled as indicated in the Operation and Maintenance Plan.
I.Management Plan. A Management Plan shall be submitted detailing operating procedures for the facility or site.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.9** Land Disposal {#sec-250-ricr-150-10-3-3.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.9}
A.This rule applies to the disposal of sludge by burial. All applications for land disposal sites are to be in accordance with the design and operational requirements for solid waste landfills as promulgated by the Office of Waste Management, Rhode Island Department of Environmental Management. (Sludge burial at a solid waste landfill is covered under § 3.16 of this Part). All land disposal sites must operate under an Order of Approval and must meet the following requirements.
B.Condition of Sludge. Sludge that is land disposed must be treated by one or more of the Processes to Significantly Reduce Pathogens listed in § 3.28 of this Part. Such treatment is the responsibility of the owner or operator of the facility performing the Process to Significantly Reduce Pathogens. Sludge that meets the hazardous waste criteria shall not be land disposed.
C.Groundwater. A minimum of five (5) feet of soil is required between the lowest level of deposited sludge and the seasonal high groundwater table as determined by a DEM-licensed Class IV soil evaluator in accordance with the procedures described in Part 6 of this Subchapter. The determination of the seasonal high groundwater table must be witnessed by the Department. In addition, a minimum of five (5) feet of soil is required between the highest level of bedrock and lowest level of deposited sludge. If the owner or applicant seeks a variance from the separation distances under § 3.22 of this Part, the Director may require the installation of an impermeable liner system and leachate collection and treatment system or other means to prevent leachate from reaching the groundwater as a condition for the granting of such variance.
D.Surface Water. No sludge shall be land disposed within 200 feet of any body of surface water. No sludge shall be land disposed within one thousand two hundred (1200) feet from the center line of the following freshwater rivers: Ashaway River, Beaver River, Blackstone River, Chepachet River, Clear River, Falls River, Flat River, Hunt River, Moshassuck River, Moosup River, Narrow River, Pawcatuck River, Pascoag River, Pawtuxet River, and Wood River. No sludge shall be land disposed of in the watershed of any surface water used as a public drinking water supply. The Director may, if necessary, require continuous monitoring of any surface watercourses in the vicinity of the proposed land disposal site. Such monitoring shall be of a type and frequency determined by the Director on a case by case basis and shall be the responsibility of the owner or operator.
E.Drinking Water Wells. No sludge shall be land disposed within one thousand (1,000) feet of any private drinking water supply well or within the Wellhead Protection Area for a public drinking water supply well. Land disposal of sludge shall be in accordance with the "Rhode Island Groundwater Protection Act of 1985", R.I. Gen. Laws Chapter 46-13.1 and any rules and regulations promulgated thereunder.
F.Distance to Buildings. No sludge shall be land disposed within six hundred (600) feet of any domestic, commercial or industrial structure not associated with the proposed land disposal site.
G.Distance to Property Lines. No sludge shall be land disposed within two hundred (200) feet of a property line.
H.Monitoring Wells. For the purpose of monitoring groundwater conditions, the owner or operator of a land disposal site shall install and maintain monitoring wells of a number and type approved by the Director and at locations chosen by the Director. The owner or operator of the site is responsible for analysis of groundwaters in accordance with instructions of the Director. The Director shall determine the testing and reporting frequency.
I.Erosion Control. The owner or operator shall make provisions to have the land disposal site, including the fill surface, graded and provided with a drainage system to minimize surface water runoff onto and into the fill, to drain off rain water falling on the fill and to prevent the collection of standing water.
J.Transportation. All transportation of sludge shall comply with § 3.14 of this Part.
K.Cover Material. A soil cover of at least six (6) inches shall be applied to all sludge deposits daily to control disease vectors and nuisance conditions. Final cover in terminating the use of a land disposal site shall be two (2) feet in depth.
L.Odor Control. Any land disposal site must comply with Part 120-05-17 of this Title, or other rules and regulations pertaining to odors.
M.Analysis of Sludge. All sludge intended for land disposal may be required to be tested using the Toxicity Characteristic Leaching Procedure for the parameters listed in § 3.31 of this Part and the results submitted to the Office of Water Resources. The owner or operator of the facility is responsible for all analyses. The Director shall determine the testing and reporting frequency depending upon the amount of sludge produced.
N.Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for land disposal of sludge and must be stamped by a registered professional engineer or land surveyor. These submissions are in addition to the submission requirements listed in § 3.8 of this Part.
1.Site Plan. A site plan shall be submitted for all areas within the land disposal site. The site plan must be drawn to a minimum scale of one inch to one hundred feet (1"=100'). The site plan must include the following information:
a.Initial ground contours at five foot intervals;
b.Final proposed contours at five foot intervals;
c.Boring locations;
d.Proposed leachate collection and treatment systems;
e.Proposed gas controls (if any);
f.Buildings (if any);
g.Wells (if any);
h.Surface water courses (if any);
i.Roads (if any);
j.Cross section lines (see § 3.9(N)(2) of this Part);
k.Groundwater monitoring wells;
l.Legal boundaries of site;
m.Power lines, pipe lines, rights of way and other utilities;
n.Proposed fences;
o.Weighing facilities (if any);
p.North arrow;
q.Location of borrow areas (if any), and,
r.Boundaries of areas to be filled.
2.Cross Section. Typical cross section plans of the land disposal site shall be submitted. A minimum of two cross sections are required of right angled center lines passing through the approximate middle of the land disposal site. The cross section plans should be drawn using a minimum horizontal scale of one inch to one hundred feet (1"=100'). All required details should be drawn using equal vertical and horizontal scales. The cross section plans must include the following information:
a.Proposed lifts;
b.Virgin ground;
c.Maximum groundwater table;
d.Bedrock location;
e.Side slopes;
f.Details of surface drains and ditches;
g.Final fill elevation and grades;
h.Limits of excavations;
i.Final cover elevations;
j.Details on access road construction;
k.Details of leachate collection and treatment systems;
l.Details of gas venting facilities (if any), and,
m.Details of groundwater monitoring wells with soil profiles.
3.Management Plan. The Management Plan shall include the following information:
a.Type of method to be used (trench, area, etc.);
b.Provisions for appropriate liners;
c.Proposed sequence of operation;
d.Estimate of amount of cover material available or to be purchased and from whom;
e.Operating hours;
f.Personnel and duties;
g.Projected use of completed land disposal site;
h.Dust control program;
i.Vector control program;
j.Odor control program;
k.Procedures to control erosion and sedimentation and to promote vegetative growth in completed areas;
l.Equipment to be on site during operating hours;
m.Substitute equipment available;
n.Communications equipment available;
o.Population and service area;
p.Winter operations;
q.Provisions for limiting access such as fencing, signs, etc.;
r.Weighing facilities (if any);
s.Estimated life of land disposal site;
t.Aesthetic considerations;
u.Leachate treatment operations, and,
v.Surface drainage control methods.
4.Closure Plan. A closure plan for all areas within the land disposal site shall be submitted. The closure plan must be drawn to a minimum scale of one inch to one hundred feet (1" = 100'). The closure plan must include the following information:
a.Date of proposed closure;
b.Methods of restricting access and preventing additional disposal;
c.Methods of protecting ground and surface water and controlling air emissions;
d.Date on which all land disposal areas will be covered with two (2) feet of final cover;
e.Date of installation of impermeable covering, if any, and planting with vegetation;
f.Final grades and method of maintaining final grades and promoting surface runoff;
g.Fences and gates;
h.Location and description of groundwater and surface water monitoring stations and provision that such monitoring shall continue on a quarterly basis for up to five (5) years after the site is closed, and
i.Legal boundaries.
5.In addition, the applicant shall set aside a post-closure monitoring fund for a monitoring period of up to thirty (30) years subsequent to the closure of the land disposal site. The applicant shall establish a post-closure monitoring and maintenance fund designated "in trust for the post-closure monitoring and maintenance of the land disposal site." A bank or other financial institution approved by the Director shall act as trustee of the trust fund. The trust instrument shall provide that the Director shall have the right to use such part of the fund as is necessary to carry out the post-closure monitoring and maintenance for the land disposal site in accordance with these rules and regulations. The trust instrument shall also provide that the Director shall determine whether post-closure expenditures are reasonable and in accordance with the closure plan. The trustee shall release these funds upon receipt of a written request from the Director.
6.Analysis of Sludge. All results of the sludge analysis required in § 3.9(M) of this Part shall be submitted.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.10** Land Application {#sec-250-ricr-150-10-3-3.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.10}
A.This rule applies to the land application of sludge that has been treated by one or more of the Processes to Significantly Reduce Pathogens listed in § 3.28 of this Part. (This rule does not apply to land application of Class A Biosolids or any sludge that has been treated by one of the Processes to Further Reduce Pathogens.) All land application sites must operate under an Order of Approval and must meet the following requirements:
B.Sludge and Soil Analysis. All sludge intended for land application may be required to be tested using the Toxicity Characteristic Leaching Procedure for the parameters listed in § 3.31 of this Part and the results submitted to the Office of Water Resources. Sludge intended for land application must meet the limits established in § 3.33 of this Part for metals and must be tested for the listed characteristics. In addition, soil from the proposed land application site, with the exception of silvicultural lands, must be tested for metals listed in § 3.33 of this Part and for the parameters listed in § 3.10(T)(3) of this Part below. The Director shall determine the testing and reporting frequency. All sludge analyses shall be the responsibility of the owner or operator of the facility; all soil analyses shall be the responsibility of the applicant.
C.Land Application Rates. All sludge intended for land application must be applied at an annual rate not to exceed the amount necessary to supply adequate available nitrogen for crop production using good agricultural or silvicultural practices or not to exceed the maximum annual rates recommended by the U.S. Department of Agriculture to achieve fertilizer benefits and soil improvement.
D.Cumulative Loading Rates. The maximum amount of sludge that can be applied to a land application site shall be calculated using the procedure established in § 3.34 of this Part. The amount of metals in the soil shall be deducted from each calculation.
E.Condition of Sludge. Sludge intended for land application shall be treated by one of the Processes to Significantly Reduce Pathogens listed in § 3.28 of this Part and shall meet one of the Vector Attraction Reduction Requirements listed in § 3.30 of this Part. Such treatment shall be the responsibility of the owner or operator of the facility. Sludge intended for land application shall not meet the criteria for hazardous waste.
F.Crops. Food crops with harvested parts that touch the sewage sludge/soil mixture and are totally above the land surface shall not be harvested for fourteen (14) months after application of sewage sludge. Food crops with harvested parts below the surface of the land shall not be harvested for twenty (20) months after application of sewage sludge when the sewage sludge remains on the land surface for four (4) months or longer prior to incorporation into the soil. Food chain crops with harvested parts below the surface of the land shall not be harvested for thirty eight (38) months after application of sewage sludge when the sewage sludge remains on the land surface for less than four (4) months prior to incorporation into the soil. Food crops with harvested parts that do not touch the sewage sludge/soil mixture, feed crops and fiber crops shall not be harvested for thirty (30) days after application of sewage sludge.
G.Turf. Turf grown on land where sewage sludge is applied shall not be harvested for one (1) year after the last application of sewage sludge has occurred when the harvested turf is placed on either land with a high potential for public exposure or a lawn.
H.Public Access. Public access to the land application site shall be prohibited by the owner or operator until one (1) year has passed since the last application of sewage sludge to land with a high potential for public exposure, such as a park or ball field or thirty (30) days has passed since the last application of sewage sludge to land with a low potential for public exposure, such as private farmland.
I.Animal Grazing. Animals whose products are consumed by humans shall not be allowed to graze on land where sewage sludge is applied for thirty (30) days after the last application of sewage sludge has occurred.
J.Frozen Ground. No sludge shall be applied to frozen, flooded or snow-covered ground unless appropriate erosion and runoff control measures are provided.
K.Odor Control. Any land application project must comply with Part 120-05-17 of this Title, as amended, or other rules and regulations pertaining to odors.
L.Groundwater. A minimum of two (2) feet of soil is required between the lowest level of applied sludge and the seasonal high groundwater table as determined by a DEM-licensed Class IV soil evaluator in accordance with the procedures described in Part 6 of this Subchapter. The determination of the seasonal high groundwater table must be witnessed by the Department. In addition, a minimum of three (3) feet of soil is required between the highest level of bedrock and the lowest level of applied sludge.
M.Surface Water. No sludge shall be land applied within two hundred (200) feet of any body of surface water. No sludge shall be applied to land within the watershed of any surface water used as a public drinking water supply. The Director may, if necessary, require continuous monitoring of any surface watercourses in the vicinity of the proposed land application site. Such monitoring shall be of a type and frequency determined by the Director on a case by case basis and shall be the responsibility of the owner or operator.
N.Drinking Water Wells. No sludge shall be land applied within one thousand (1,000) feet of any private drinking water supply well or within the Wellhead Protection Area for a public drinking water supply well. Land application of sludge shall be in accordance with the Rhode Island Groundwater Protection Act of 1985, R.I. Gen. Laws Chapter 46-13.1 and any rules and regulations promulgated thereunder.
O.Distance to Buildings. No sludge shall be land applied within four hundred (400) feet of any domestic, commercial or industrial structure not associated with the proposed land application project.
P.Distance from Property Lines. No sludge shall be land applied within one hundred (100) feet of a property line. This requirement will be met if consent from the adjacent landowner is received.
Q.Monitoring Wells. Groundwater monitoring shall be of a type and frequency determined by the Director on a case by case basis and shall be the responsibility of the owner or operator.
R.Erosion Control. Soil erosion on all land application sites shall be limited to conditions which meet Resource Management System Quality Criteria for soil erosion as defined in the USDA Natural Resources Conservation Service (NRCS) Field Office Technical Guide for Rhode Island. Erosion control methods on all land application sites shall be consistent with practice standards and specifications in the NRCS Field Office Technical Guide for Rhode Island. Sediment and runoff shall be controlled on all land application sites consistent with the measures within the Rhode Island Soil Erosion and Sediment Control Handbook, RI Department of Environmental Management, USDA Soil Conservation Service and Rhode Island State Conservation Committee, 1989.
S.Transportation. All transportation of sludge shall comply with § 3.14 of this Part.
T.Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for land application of sludge and must be stamped by a registered professional engineer or land surveyor. These submissions are in addition to the submission requirements listed in § 3.8 of this Part.
1.Site Plan. A site plan for all areas within the land application site shall be submitted. The site plan must be drawn to a minimum scale of one inch to one hundred feet (1"=100'). The site plan must include the following information:
a.Detailed soil map;
b.Buildings (if any);
c.Wells (if any);
d.Surface watercourses (if any);
e.Roads (if any);
f.Groundwater monitoring wells;
g.Proposed erosion control and runoff collection and treatment systems (if any);
h.Legal boundaries of site;
i.Power lines, pipe lines, rights of way and other utilities, and,
j.North arrow.
2.Soil Description. A detailed soil profile description to a depth of four (4) feet must be submitted for each soil-mapping unit on the land application site. The required information includes:
a.Color of each horizon;
b.Texture of each horizon;
c.Depth of each horizon;
d.Depth to mottles (if any);
e.Amount of coarse fragments (if any);
f.Depth to bedrock (if encountered);
g.Consistence or relative density, and,
h.Slope.
3.Laboratory Data. Representative samples shall be taken from the plow layer within the proposed land application site. The following data shall be submitted for each sample:
a.Soil density;
b.Depth of sample, and,
c.Moisture content (%).
4.Management Plan. The Management Plan shall include the following information:
a.Type of land application method to be used;
b.Detailed description of the land application project and the proposed sequence of operation;
c.Provisions for compliance with § 3.10(B) through (S) of this Part;
d.Personnel and duties;
e.Projected use of the land application site;
f.Procedures to control dust, vectors and odor;
g.Procedures to control erosion, sedimentation and promote vegetative growth;
h.Equipment to be utilized and substitute equipment to be on site;
i.Provisions to control access;
j.Estimated life of land application site, and,
k.Aesthetic considerations.
5.Sludge and Soil Analysis. The results of the sludge and soil analysis required in § 3.10(B) of this Part shall be submitted.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.11** Treatment of Sludge {#sec-250-ricr-150-10-3-3.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.11}
A.This rule applies to the treatment of sludge by one of the Processes to Further Reduce Pathogens listed in § 3.29 of this Part. All sludge treatment facilities must operate under an Order of Approval and must meet the following requirements:
B.Sludge Treatment Method. All methods of sludge treatment must meet one of the Processes to Further Reduce Pathogens listed in § 3.29 of this Part and must meet one of the Vector Attraction Reduction Requirements listed in § 3.30 of this Part.
C.Sludge Composting Methods. When sludge is treated by composting as provided in § 3.29(A) of this Part, one of the following composting methods shall be used:
1.Aerated Static Pile. Sludge must be maintained at operating conditions of 55°C or greater for three (3) consecutive days. The sludge must remain in the active phase for a minimum of twenty one (21) days in a pile not to exceed twelve (12) feet in height. At the end of the active phase, the material must be cured for a minimum of thirty (30) days in a stockpile not to exceed twelve (12) feet in height unless the Department determines that such curing is not necessary. Such composting operations shall be provided with an appropriate leachate collection system, shall be built on an impervious surface and shall be protected from direct rainfall by a roof to reduce the amount of leachate and runoff.
2.Windrow. Sludge must be maintained at operating conditions of 55°C or greater for at least fifteen (15) consecutive days during the active phase. The sludge must remain in the active phase for a minimum of twenty one (21) days in a pile, with the sludge being turned at least once every three (3) days. Height of the pile shall be compatible with the equipment used for turning the sludge. The active phase shall be followed by a curing period of at least thirty (30) days in a curing pile not to exceed twelve (12) feet in height unless the Department determines that such curing is not necessary. Such composting operations shall be provided with an appropriate leachate collection system, shall be built on an impervious surface and shall be protected from direct rainfall by a roof to reduce the amount of leachate and runoff.
3.In-Vessel. Sludge must be maintained at operating conditions of 55°C or greater for three (3) consecutive days. The sludge must remain in the active phase for a minimum of fourteen (14) days. The active and curing phases are to be maintained for a total minimum period of thirty (30) days. If sludge is cured in a curing pile, the pile is not to exceed twelve (12) feet in height.
D.Groundwater. A minimum of two (2) feet of soil is required between the proposed sludge treatment surface and the seasonal high groundwater table as determined by a DEM-licensed Class IV soil evaluator in accordance with the procedures described in Part 6 of this Subchapter. The determination of the seasonal high groundwater table must be witnessed by the Department. In addition, a minimum of three (3) feet of soil is required between the highest level of bedrock and the sludge treatment surface. If the applicant seeks a variance from these separation distances under § 3.22 of this Part, the applicant must demonstrate to the satisfaction of the Office of Water Resources that the sludge treatment facility or site will not generate leachate. Otherwise, the Director will require the installation of an impermeable liner system and leachate collection and treatment system or other means to prevent leachate from reaching the groundwater as a condition for the granting of such variance.
E.Surface Water. No sludge shall be treated within two hundred (200) feet of any body of surface water. No sludge shall be treated within the watershed of any surface water used as a public drinking water supply. The Director may, if necessary, require continuous monitoring of any surface watercourses in the vicinity of the sludge treatment facility or site. Such monitoring shall be of a type and frequency determined by the Director on a case by case basis and shall be the responsibility of the owner or operator of the facility or site. If the applicant seeks a variance from these separation distances under § 3.22 of this Part, the applicant must demonstrate to the satisfaction of the Department that any runoff from the sludge treatment facility or site will not impact surface water as a condition for the granting of such variance.
F.Drinking Water Wells. No sludge shall be treated within one thousand (1,000) feet of any private drinking water supply well or within the Wellhead Protection Area for a public drinking water supply well. Any sludge treatment facility or site shall comply with the Rhode Island Groundwater Protection Act of 1985, R.I. Gen. Laws Chapter 46-13.1 and any rules and regulations promulgated thereunder. If the applicant seeks a variance from these separation distances under § 3.22 of this Part, the applicant must demonstrate to the satisfaction of the Department that the sludge treatment facility or site will not generate leachate as a condition for the granting of such variance.
G.Distance to Property Lines. No sludge shall be composted within four hundred (400) feet of a property line. If the applicant seeks a variance from this separation distance under § 3.22 of this Part, the Director will require that the facility be completely enclosed as a condition for the granting of such variance.
H.Monitoring Wells. For the purpose of monitoring groundwater conditions, the owner or operator of a sludge treatment site shall install and maintain monitoring wells of a number and type approved by the Director and at locations chosen by the Director. The owner or operator of the site is responsible for analysis of groundwater in accordance with instructions of the Director. The Director shall determine the testing and reporting frequency. If the applicant seeks a variance from this requirement, the applicant must demonstrate to the satisfaction of the Department that the sludge treatment operation will not generate leachate.
I.Transportation. All transportation of sludge shall comply with § 3.14 of this Part.
J.Stockpiling. All stockpiling of sludge and treated sludge shall comply with § 3.13 of this Part.
K.Sludge and Bulking Agent Analysis. All sludge intended for treatment may be required to be tested using the Toxicity Characteristic Leaching Procedure for the parameters listed in § 3.31 of this Part and the results submitted to the Office of Water Resources. The Director shall determine the testing and reporting frequency. For composting facilities, any bulking agents utilized in the operation may also be required to be tested. Sludge analyses shall be the responsibility of the owner or operator of the facility that generates the sludge; bulking agent analyses shall be the responsibility of the owner or operator of the sludge composting facility.
L.Condition of Sludge and Bulking Agents. All sludge intended for treatment and all bulking agents shall not meet the criteria for hazardous waste.
M.Odors. Any sludge treatment facility must comply with Part 120-05-17 of this Title, and any other rules and regulations pertaining to odors.
N.Treated Sludge Quality. Any treated sludge that meets all the limits established in § 3.32 of this Part shall be considered Class A Biosolids; the requirements and restrictions for the distribution and use of Class A Biosolids are listed in § 3.12(B) and (C) of this Part. Any treated sludge that does not meet the metals limits established in § 3.32 of this Part but meets the metals limits established in § 3.33 of this Part shall be considered Class B Biosolids; the requirements and restrictions for the use of Class B Biosolids are listed in § 3.12(D) of this Part. Any treated sludge that does not meet the metals limits established in § 3.33 of this Part shall be considered Class C Biosolids; the requirements and restrictions for the use and disposal of Class C Biosolids are listed in § 3.12(E) of this Part.
O.Treated Sludge Analysis. Class A Biosolids must be tested for the metals and the pathogens listed in § 3.32 of this Part. Class B Biosolids and Class C Biosolids must be tested for the metals and the characteristics listed in § 3.33 of this Part. All results must be submitted to the Office of Water Resources. The Director shall determine the testing and reporting frequency. All treated sludge analysis shall be the responsibility of the owner or operator of the sludge treatment facility.
P.Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for a sludge treatment facility or site and must be stamped by a registered professional engineer or land surveyor. These submissions are in addition to the submission requirements listed in § 3.8 of this Part.
1.Site Plan. A site plan including all of the information listed below for all areas within the sludge treatment site shall be submitted. The site plan must be drawn to a minimum scale of one inch to one hundred feet (1"=100'). The required information includes:
a.Initial ground contours at five foot intervals;
b.Final proposed contours at five foot intervals;
c.Boring locations;
d.Proposed leachate collection and treatment systems;
e.Proposed gas controls (if any);
f.Buildings (where applicable);
g.Wells (if any);
h.Surface watercourses and other wetlands;
I.Roads;
j.Groundwater monitoring wells;
k.Legal boundaries of site;
l.Power lines, pipelines, rights of way and other utilities;
m.Proposed fences;
n.Weighing facilities (if any), and,
o.North arrow.
2.Management Plan. The Management Plan shall include the following information:
a.Detailed description of the sludge treatment method to be used and the proposed sequence of operation;
b.Use of bulking agent and procedures for temperature control (if any);
c.Operating hours;
d.Personnel and duties;
e.Procedures to control dust, vectors and odors;
f.Provisions for the immediate treatment of all sludge;
g.Provisions for the proper storage of treated sludge;
h.Procedures to control erosion and sedimentation;
I.Equipment to be on site during operating hours;
j.Substitute equipment available;
k.Communications equipment available;
l.Population and service area;
m.Winter operations;
n.Provisions for limiting access;
o.Provisions for land application and/or disposal of treated sludge;
p.Weighing facilities (if any);
q.Estimated life of the sludge treatment facility;
r.Aesthetic considerations;
s.Leachate treatment operations, and,
t.Surface drainage control measures.
3.Sludge and Bulking Agent Analysis. The results of the sludge and bulking agent analysis required in § 3.11(K) of this Part shall be submitted.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.12** Distribution and Land Application of Treated Sludge {#sec-250-ricr-150-10-3-3.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.12}
A.This rule applies to the distribution and land application of treated sludge.
B.Distribution of Class A Biosolids. This subrule applies to the distribution of Class A Biosolids. Except as provided in § 3.7(C)(4) of this Part, all distribution facilities or sites must operate under an Order of Approval and must meet the following requirements.
1.Packaged Distribution of Class A Biosolids. Packaged distribution shall mean Class A Biosolids that are sold or given away in a bag or other container for application to the land. The container shall hold no more than one hundred (100) pounds of Class A Biosolids. The distributor shall provide the following information to the user on a label when Class A Biosolids are packaged:
a.The name and address of the generator of the product;
b.A statement that the product is derived from sewage sludge;
c.Instructions on the proper use of the product for various applications (for example, on lawns). This must include a statement that the annual product application rate should not be exceeded, if applicable; and,
d.Class A Biosolids that are lead safe and are intended for use as mulch must include a statement that the product is lead safe but not lead free.
2.Bulk Distribution of Class A Biosolids. Bulk distribution shall mean Class A Biosolids that are sold or given away in bulk or in a container holding more than one hundred (100) pounds of Class A Biosolids. The requirements for the distribution of bulk Class A Biosolids vary based on volume as follows:
a.Less Than Twenty-Five (25) Cubic Yards. Any distributor of Class A Biosolids shall provide the information from §§ 3.12(B)(1)(a) through (d) of this Part, in writing, to all users taking less than twenty-five (25) cubic yards per day. In addition, the distributor shall inform the user, in writing, that the Class A Biosolids shall not be further processed, stockpiled or distributed without prior approval from the Department unless the conditions of § 3.7(C)(4) of this Part are met.
b.More Than Twenty-Five (25) Cubic Yards. Any distributor of Class A Biosolids must provide a User's Guide to all users taking more than twenty-five (25) cubic yards per day. The User's Guide shall be provided to the distributor by the Department and shall include instructions on the proper use of the product for various applications. The distributor must provide the instructions for the product to the Department so that they can be incorporated into the User's Guide.
c.Record Keeping. Any distributor that distributes Class A Biosolids in bulk must maintain written records of the following information when a user or another distributor is provided with more that twenty-five (25) cubic yards per day:
(1)date the Class A Biosolids was taken;
(2)name of user;
(3)amount of Class A Biosolids taken;
(4)location where Class A Biosolids are to be applied; and
(5)signature of the operator.
(6)Said records must be available for inspection by state and federal officials.
3.Stockpiling. The stockpiling of Class A Biosolids shall comply with § 3.13 of this Part.
4.Odor Control. Any distribution site must comply with Part 120-05-17 of this Title, or other rules and regulations pertaining to odors.
5.Transportation. All transportation of sludge shall comply with § 3.14 of this Part.
6.Licensing. Any facility or site that distributes packaged or bulk Class A Biosolids must comply with the Department's Office of Natural Resource Services' Commercial Fertilizer Law, (R.I. Gen. Laws Chapter 2-7) and any other rules and regulations pertaining to fertilizer and soil amendment products. All fertilizer and soil amendment products must be registered with the Office of Natural Resource Services before being offered for sale.
7.Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for a treated sludge distribution facility or site and must be stamped by a registered professional engineer or land surveyor. These submissions are in addition to the submission requirements listed in § 3.8 of this Part.
a.Site Plan. A site plan including all of the information listed below for all areas within the treated sludge distribution site shall be submitted. The site plan must be drawn to a minimum scale of one inch to one hundred feet (1"=100'). The required information includes:
(1)Initial ground contours at five foot intervals;
(2)Final proposed contours at five foot intervals;
(3)Boring locations;
(4)Proposed leachate collection and treatment systems;
(5)Buildings (where applicable);
(6)Treated sludge stockpile areas;
(7)Wells (if any);
(8)Surface watercourses and other wetlands;
(9)Roads;
(10)Groundwater monitoring wells;
(11)Legal boundaries of site;
(12)Power lines, pipelines, rights of way and other utilities;
(13)Proposed fences;
(14)Weighing facilities (if any), and,
(15)North arrow.
b.Management Plan. The applicant shall submit a Management Plan describing compliance with the provisions of §§ 3.12(B)(1) through (6) of this Part.
c.Stockpiling. The applicant shall submit a copy of the latest U.S. Geological Topographic Map with the distribution site outlined and an indication of the Class A Biosolids stockpile areas. This requirement shall be waived if the applicant proposes to stockpile Class A Biosolids in an enclosed structure, where runoff will not occur.
d.Treated Sludge Analysis. The applicant shall submit the results of the analysis required in § 3.11(O) of this Part.
C.Land Application of Class A Biosolids. This subrule applies to the land application of Class A Biosolids obtained from a generator that possesses a valid Order of Approval from the Department to generate and distribute Class A Biosolids. Except as provided in § 3.7(C)(3) of this Part and except in the case of pilot projects as provided in § 3.7(E) of this Part, all sites where Class A Biosolids is land applied must operate under an Order of Approval and must meet the following requirements. The land application of Class A Biosolids obtained from a generator that does not hold a valid Order of Approval from the Department is prohibited.
1.Stockpiling. The stockpiling of Class A Biosolids shall comply with § 3.13 of this Part. The quantity of Class A Biosolids stockpiled at the land application site shall be consistent with the appropriate application rate and size of the land application area.
2.Frozen Ground. No Class A Biosolids shall be applied to frozen, flooded or snow-covered ground unless appropriate erosion and runoff control measures are provided.
3.Erosion Control. Soil erosion on all land application sites shall be limited to conditions which meet Resource Management System Quality Criteria for soil erosion as defined in the USDA Natural Resources Conservation Service (NRCS) Field Office Technical Guide for Rhode Island. Erosion control methods on all land application sites shall be consistent with practice standards and specifications in the NRCS Field Office Technical Guide for Rhode Island. Sediment and runoff shall be controlled on all land application sites consistent with the measures within the Rhode Island Soil Erosion and Sediment Control Handbook, RI Department of Environmental Management, USDA Soil Conservation Service and Rhode Island State Conservation Committee, 1989.
4.Odor Control. Any distribution site must comply with Part 120-05-17 of this Title, or other rules and regulations pertaining to odors.
5.Transportation. All transportation of sludge shall comply with § 3.14 of this Part.
6.Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for the land application of Class A Biosolids.
a.Management Plan. The applicant shall submit a Management Plan describing compliance with the provisions of §§ 3.12(C)(1) through (5) of this Part.
b.Class A Biosolids Generator. The applicant shall identify the generator of the Class A Biosolids to be land-applied.
D.Land Application of Class B Biosolids:
1.Land Application of Class B Biosolids for Agricultural Use. This subrule applies to the land application of Class B Biosolids as a fertilizer and/or soil amendment to enhance Agricultural Lands. All Class B Biosolids land application projects must operate under an Order of Approval, must meet the same requirements for land-applied sludge in §§ 3.10(F) through (L) and 3.10(Q) through (R) of this Part, and must meet the following additional requirements:
a.Soil Analysis. Soil from the proposed land application site must be tested for metals listed in § 3.33 of this Part and for the parameters listed in § 3.10(T)(3) of this Part. The Director shall determine the testing and reporting frequency. All soil analyses shall be the responsibility of the applicant.
b.Land Application Rates. All Class B Biosolids intended for agricultural use must be land applied at an annual rate not to exceed the amount necessary to supply adequate available nitrogen for crop production using good agricultural practices or not to exceed the maximum annual rates recommended by the U.S. Department of Agriculture to achieve fertilizer benefits and soil improvement.
c.Cumulative Loading Rates. The maximum amount of Class B Biosolids that can be applied to a land application site shall be calculated using the procedure established in § 3.34 of this Part. The amount of metals in the soil shall be deducted from each calculation.
d.Surface Water. No Class B Biosolids shall be land applied within fifty (50) feet of any body of surface water or within one hundred (100) feet of any body of surface water within the watershed of a public drinking water supply. The Director, may, if necessary, require continuous monitoring of any surface watercourses in the vicinity of the proposed Class B Biosolids application Site. Such monitoring shall be of a type and frequency determined by the Director on a case by case basis and shall be the responsibility of the owner or operator. This requirement will be met if the applicant demonstrates to the satisfaction of the Department that any runoff from the proposed project will not affect surface water.
e.Drinking Water Wells. No Class B Biosolids shall be land applied within fifty (50) feet of any private drinking water supply well or within four hundred (400) feet of any public drinking water supply well. Land application of Class B Biosolids shall be in accordance with the Rhode Island Groundwater Protection Act of 1985, R.I. Gen. Laws Chapter 46-13.1 and any rules and regulations promulgated thereunder.
f.Distance to Property Lines. No Class B Biosolids shall be land applied within fifty (50) feet of a property line. This requirement will be waived if consent from the adjacent landowner is received.
g.Stockpiling. All stockpiling of Class B Biosolids shall comply with § 3.13 of this Part.
h.Transportation. All transportation of Class B Biosolids shall comply with § 3.14 of this Part.
2.Land Application of Class B Biosolids for Non-Agricultural Use. This subrule applies to land application of Class B Biosolids as a fertilizer and/or soil amendment to enhance non-Agricultural Lands. Such uses may include, but are not limited to public parks and grounds, sand and gravel pit reclamation, roadsides and medians, silviculture, playgrounds, golf courses, ball fields and stadiums and cemeteries. All Class B Biosolids land application projects must operate under an Order of Approval, must meet the same requirements for land-applied sludge in §§ 3.10(J) through (L) and §§ 3.10(Q) through (R) of this Part, and must meet the following requirements:
a.Cumulative Loading Rates. The maximum amount of Class B Biosolids that can be applied to a land application site shall be calculated using the procedure established in § 3.34 of this Part. All Class B Biosolids intended for land application must be applied using good agricultural or silvicultural practices.
b.Public Access. Public access to land where Class B Biosolids is applied shall be prohibited by the Owner or Operator until one (1) year has passed since the last application of Class B Biosolids to land with a high potential for public exposure, such as a park or ball field or thirty (30) days has passed since the last application of Class B Biosolids to land with a low potential for public exposure, such as a sand and gravel pit reclamation Site. This requirement will be waived if a land application site receives Class B Biosolids which meets the pathogen limits established in § 3.32 of this Part.
c.Surface Water. No Class B Biosolids shall be land applied within fifty (50) feet of any body of surface water or within one hundred (100) feet of any body of surface water within the watershed of a public drinking water supply. The Director, may, if necessary, require continuous monitoring of any surface watercourses in the vicinity of the proposed Class B Biosolids application site. Such monitoring shall be of a type and frequency determined by the Director on a case by case basis and shall be the responsibility of the owner. This requirement will be met if the applicant demonstrates to the satisfaction of the Department that the proposed project will not affect surface water.
d.Drinking Water Wells. No Class B Biosolids shall be land applied within fifty (50) feet of any private drinking water supply well or within four hundred (400) feet of any public drinking water supply well. Land application of Class B Biosolids shall be in accordance with the Rhode Island Groundwater Protection Act of 1985, R.I. Gen. Laws Chapter 46-13.1 and any rules and regulations promulgated thereunder.
e.Distance to Property Lines. No Class B Biosolids shall be land applied within fifty (50) feet of a property line. This requirement will be waived if written consent is received from the adjacent land owner.
f.Stockpiling. All stockpiling of Class B Biosolids shall comply with § 3.13 of this Part.
g.Transportation. All transportation of Class B Biosolids shall comply with § 3.14 of this Part.
3.Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for the agricultural or non-agricultural use of Class B Biosolids and must be stamped by a registered professional engineer or land surveyor. These submissions are in addition to the submission requirements listed in § 3.8 of this Part.
a.Management Plan. The applicant shall submit a Management Plan that includes the following information:
(1)Detailed description of the Class B Biosolids land application project and the proposed sequence of operation;
(2)Provisions for compliance with §§ 3.12(C)(1) or 3.12(C)(2) of this Part;
(3)Personnel and duties;
(4)Procedures to control dust;
(5)Procedures to control erosion, sedimentation and promote vegetative growth;
(6)Equipment to be utilized;
(7)Substitute equipment available;
(8)Provisions to control access;
(9)Estimated life of Class B Biosolids land application area, and
(10)Aesthetic considerations.
b.Class B Biosolids and Soil Analysis. The results of the Class B Biosolids analysis required in § 3.11(O) of this Part and the soil analysis required in § 3.12(D)(1)(a) of this Part must be on file with the Office of Water Resources at the time of application.
E.Disposal of Class C Biosolids. Class C Biosolids may be used as cover material for solid waste landfills and land disposal sites under § 3.12(F) of this Part. Class C Biosolids may be disposed of by burial at land disposal sites and solid waste landfills under §§ 3.9 and 3.16 of this Part. Land application of Class C Biosolids is prohibited.
F.Use of Treated Sludge as Landfill Cover. This subrule applies to the use of treated sludge as cover material at solid waste landfills and land disposal sites. Use at solid waste landfills must be in accordance with the Department’s solid waste regulations. All solid waste landfills and land disposal sites using treated sludge as cover material must operate under an Order of Approval and must meet the following requirements.
1.Solid Waste Landfills. Solid waste landfill uses include the following:
a.Daily Cover. Treated sludge may be used as initial or daily landfill cover only as an amendment in amounts to be approved on a case-by-case basis.
b.Intermediate Cover. Treated sludge may be used as an amendment in the creation of a six-inch (6") intermediate cover over the initial cover layer.
c.Final Cover. Treated sludge may be used as final landfill cover as an application of soil of sufficient type and thickness to support vegetative growth.
2.Land Disposal Sites. Treated sludge may be used as final cover for land disposal sites as an application of soil of sufficient type and thickness to support vegetative growth.
3.Application Rates. Treated sludge used as cover shall be applied at a rate determined on a case-by-case basis. Use at solid waste landfills shall be in accordance with procedures established in the department’s solid waste regulations.
4.Surface Water. Treated sludge used as cover shall not be applied within fifty (50) feet of any body of surface water. This requirement will be met if the applicant demonstrates to the satisfaction of the Department that any runoff from the project will not affect surface water.
5.Odor Control. Any solid waste landfill or land disposal site using treated sludge as cover must comply with Part 120-05-17 of this Title, or other rules and regulations pertaining to odors.
6.Transportation. All transportation of treated sludge shall comply with § 3.14 of this Part.
7.Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for the use of treated sludge as cover material at solid waste landfills and land disposal sites and must be stamped by a registered professional engineer or land surveyor. These submissions are in addition to the submission requirements listed in § 3.8 of this Part. All submissions for approval and amendments to solid waste landfill operating and/or closure plans for using treated sludge for landfill cover must also be approved by the Office of Waste Management, in accordance with the solid waste regulations.
a.Management Plan. The applicant shall submit a Management Plan describing compliance with the provisions of §§ 3.12(F)(1) through (6) of this Part.
b.Treated Sludge Analysis. The applicant shall submit the results of the analysis required in § 3.11(O) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.13** Stockpiling {#sec-250-ricr-150-10-3-3.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.13}
A.This rule applies to the stockpiling of untreated and treated sludge at a sludge management facility or site. Except as provided in § 3.7(C)(4) of this Part, all stockpile facilities and sites must operate under an Order of Approval. Requirements for stockpiling sludge are as follows:
B.Untreated Sludge. Other than in approved storage facilities at publicly or privately owned treatment works, the stockpiling of untreated sludge is prohibited. Arrangements must be made to either:
1.Treat all sludge immediately upon arrival at a sludge treatment facility;
2.Bury all sludge immediately upon arrival at a land disposal or co-disposal facility or site; and,
3.Land apply all sludge immediately upon arrival at a land application site.
C.Treated Sludge. The stockpiling of treated sludge shall meet the following requirements:
1.Groundwater. A minimum of two (2) feet of soil is required between the lowest level of stockpiled sludge and the seasonal high groundwater table as determined by a DEM-licensed Class IV soil evaluator in accordance with the procedures described in Part 6 of this Subchapter. The determination of the seasonal high groundwater table must be witnessed by the Department. In addition, a minimum of three (3) feet of soil is required between the highest level of bedrock and the lowest level of stockpiled sludge. If the applicant seeks a variance from these separation distances under § 3.22 of this Part, the applicant must demonstrate to the satisfaction of the Office of Water Resources that the sludge treatment facility or site will not generate leachate. Otherwise, the Director will require the installation of an impermeable liner system or leachate collection and treatment system or other means to prevent leachate from reaching the groundwater as a condition for the granting of such variance.
2.Surface Water. No treated sludge shall be stockpiled within two hundred (200) feet of any body of surface water. No treated sludge shall be stockpiled within the watershed of any surface water used as a public drinking water supply. The Director may, if necessary, require continuous monitoring of any surface watercourses in the vicinity of the stockpile site. Such monitoring shall be of a type and frequency determined by the Director on a case by case basis and shall be the responsibility of the owner or operator of the facility or site. If the applicant seeks a variance from these separation distances under § 3.22 of this Part, the applicant must demonstrate to the satisfaction of the Department that any runoff from the sludge treatment facility or site will not impact surface water as a condition for the granting of such variance.
3.Drinking Water Wells. No treated sludge shall be stockpiled within one thousand (1,000) feet of any private drinking water supply well or within the Wellhead Protection Area for a public drinking water supply well. Any stockpile site shall comply with the Rhode Island groundwater Protection Act of 1985, R.I. Gen. Laws Chapter 46-13.1 and any rules and regulations promulgated thereunder. If the applicant seeks a variance from these separation distances under § 3.22 of this Part, the applicant must demonstrate to the satisfaction of the Department that the stockpile site will not generate leachate. Otherwise, the Director will require the installation of an impermeable liner system or other means to prevent leachate from reaching the groundwater as a condition for the granting of such variance.
4.Distance to Property Lines. No treated sludge shall be stockpiled within one hundred (100) feet of a property line. If the applicant seeks a variance from this separation distance under § 3.22 of this Part, the Director will require that the treated sludge be stockpiled in a facility that is enclosed as a condition for the granting of such variance.
5.Monitoring Wells. For the purpose of monitoring groundwater conditions, the owner or operator of a stockpile facility or site shall install and maintain monitoring wells of a number and type approved by the Director and at locations chosen by the Director. The owner or operator of the site is responsible for analysis of groundwater in accordance with instructions of the Director. The Director shall determine the testing and reporting frequency. If the applicant seeks a variance from this requirement, the Director will require that the treated sludge be stockpiled in a facility that is completely enclosed as a condition for the granting of such variance.
6.Odor Control. Any stockpile facility or site must comply with Part 120-05-17 of this Title, or other rules and regulations pertaining to odors.
D.Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for the stockpiling of treated sludge and must be stamped by a registered professional engineer or land surveyor. These submissions are in addition to the submission requirements listed in § 3.8 of this Part.
1.Management Plan. The applicant shall submit a Management Plan describing compliance with the provisions of §§ 3.13(C)(1) through (6) of this Part.
2.Treated Sludge Analysis. The applicant shall submit the results of the analysis required in § 3.11(O) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.14** Transportation {#sec-250-ricr-150-10-3-3.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.14}
A.This rule applies to the transportation of sludge on public roads. Except as provided in § 3.7(C)(1) of this Part, all transporters operating within or entering the State of Rhode Island for the purpose of treatment, disposal, stockpiling, and/or land application of sludge within the State of Rhode Island shall operate under an Order of Approval and shall meet the requirements in this rule. All other transporters entering the State of Rhode Island shall not be required to operate under an Order of Approval. However, such transporters shall meet the requirements in § 3.14(B) of this Part below.
B.Vehicles and Containers. All vehicles and containers that are used for transportation of sludge shall comply with the following:
1.Each container and vehicle shall be maintained so as not to create objectionable odors or public health or environmental hazards;
2.All open containers shall be covered during transport to minimize odors and to prevent loss of sludge;
3.Each container transporting sludge from which liquid might be released during transport shall be watertight;
4.Vehicles and containers containing sludge shall not be placed for longer than 24 hours at a facility or site;
5.All containers shall be inspected by the driver prior to transport on public roads to ensure that sludge will not leak or spill out during transportation; and,
6.All vehicles and containers shall conform to all applicable state and federal requirements.
C.Recordkeeping. With the exception of Class A Biosolids, a transporter shall keep a written record of the following information for each load of sludge:
1.Date the sludge is removed from the generator’s facility or site;
2.Generator’s name, address and telephone number;
3.Characteristics of sludge (i.e. liquid or solid);
4.Quantity of sludge, in wet tons, dry tons and gallons (if in liquid form);
5.Name, address and telephone number of the facility(ies) or site(s) to which the sludge is to be delivered; and,
6.The date delivered to the facility or site.
D.Reporting. With the exception of Class A Biosolids, the transporter shall submit monthly the information required in § 3.14(C) of this Part above to the Office of Water Resources by no later than the 15th day of the following month.
E.Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for transportation of sludge.
1.Application Form. The applicant shall provide information on the proposed sludge management activity on an application form obtained from the department.
2.Management Plan. A Management Plan shall be submitted describing provisions for compliance with §§ 3.14(B) through (D) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.15** Incineration {#sec-250-ricr-150-10-3-3.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.15}
A.Incineration of sludge shall be permitted if the incinerator system employed complies with rules and regulations promulgated by the Department and the USEPA regarding incinerators, air pollution, and all other applicable provisions of the law and such rules and regulations. All sludge incinerators shall operate under an Order of Approval.
B.Incineration Methods. Sludge incineration may be practiced by, but not limited to, the methods described below. Any proposed sludge incineration method must consider the treatment of exhaust gases to exclude harmful organics and particulates as stated in EPA and Rhode Island Air Pollution Control Regulations. Any comparable method of sludge incineration shall be considered by the Director for approval.
1.Multiple Hearth Incineration which includes, but is not limited to, "excess air" and pyrolysis.
2.Fluidized Bed Reactor which includes, but is not limited to, typical graded silica sand beds for the incineration of sludge.
C.Sludge Analysis. All sludge intended for incineration may be required to be tested using the Toxicity Characteristic Leaching Procedure for the parameters listed in § 3.31 of this Part and the results submitted to the Office of Water Resources. The Director shall determine the testing and reporting frequency. All sludge analyses shall be the responsibility of the owner of the facility that generates the sludge.
D.Condition of Sludge. All sludge intended for incineration shall not meet the criteria for hazardous waste.
E.Odor Control. Any sludge incinerator must comply with Part 120-05-17 of this Title, or other rules and regulations pertaining to odors.
F.Transportation. All transportation of sludge shall comply with § 3.14 of this Part.
G.Regional Incineration. This subrule applies to any incinerators that incinerate or propose to incinerate sludge from more than one publicly owned treatment works or privately owned treatment works. All such incinerators shall operate under an Order of Approval and shall meet the requirements in this subrule.
1.Sludge Approval. The owner or operator of an incinerator shall obtain prior approval from the department for the sludge from each publicly owned treatment works or privately owned treatment works that is proposed to be incinerated. The owner or operator of an incinerator proposing to incinerate sludge from multiple publicly owned treatment works or privately owned treatment works shall submit the following information to the department:
a.Name and address of publicly owned treatment works or privately owned treatment works where the sludge is generated;
b.Description of the publicly owned treatment works or privately owned treatment works including but not limited to the type of wastewater treatment employed and design flow;
c.Estimate of how much sludge in dry tons/year is generated by the publicly owned treatment works or privately owned treatment works;
d.Estimate of how much sludge in dry tons/year from publicly owned treatment works or privately owned treatment works will be incinerated at the regional incinerator;
e.Description of the sludge characteristics including but not limited to whether the sludge is liquid or solid and the average moisture content of the sludge;
f.Name and address of the transporter;
g.Copy of results for sludge testing using the Toxicity Characteristics Leaching Procedure for the parameters listed in § 3.31 of this Part (testing shall have been performed no more than one (1) year prior to submittal);
h.Proposed dates for the regional incinerator to incinerate sludge from the publicly owned treatment works or privately owned treatment works; and,
i.Explanation of available of storage, dewatering and incineration capacity at the regional incinerator.
2.Sludge Analysis. A sludge sample shall be collected daily from the incinerator sludge storage tank and composited into one sample each month which shall be analyzed for total metals.
3.Emergency Contingency Plan. All regional incinerators shall have an emergency contingency plan in place which outlines procedures for continued, uninterrupted disposal of sludge in the event that the regional incinerator is not able to accept and/or incinerate sludge for any reason including mechanical failure. The emergency contingency plan shall include a listing of alternate disposal sites for sludge.
4.Reporting. The owner or operator of a regional incinerator shall submit monthly reports to the department no later than the 15th day of the following month that includes the following information:
a.Names of all publicly owned treatment works and privately owned treatment works from which incinerated sludge was generated from;
b.Quantity of sludge incinerated including number of loads received, total gallons received, average moisture content of sludge, and total dry tons of sludge received from each publicly owned treatment works or privately owned treatment facility; and,
c.Copy of sludge analysis required in § 3.15(G)(2) of this Part.
H.Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for incineration of sludge and must be stamped by a registered professional engineer or land surveyor.
1.Application Form. The applicant shall provide information on the proposed sludge management activity on an application form obtained from the department.
2.Management Plan. Any owner or applicant who wishes to engage in sludge incineration must submit a Management Plan describing compliance with the requirements of these rules and regulations to the Director to be reviewed and evaluated individually before approval is issued. An owner or applicant seeking to operate as a regional incinerator shall also describe compliance with requirements in § 3.15(G) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.16** Co-Disposal of Sludge and Solid Waste {#sec-250-ricr-150-10-3-3.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.16}
A.This rule applies to the disposal of sludge by burial at a solid waste landfill approved for the disposal of solid waste by the Department. Any such solid waste landfill must operate under an Order of Approval.
B.Sludge Analysis. All sludge intended for disposal at a solid waste landfill may be required to be tested using the Toxicity Characteristic Leaching Procedure for the parameters listed in § 3.31 of this Part and the results submitted to the Office of Water Resources. The owner or operator of the facility that generated the sludge shall be responsible for all analyses. The Director shall determine the testing and reporting frequency.
C.Condition of Sludge. All sludge intended for disposal at a solid waste landfill shall be treated by one of the Processes to Significantly Reduce Pathogens described in § 3.28 of this Part. Such treatment shall be the responsibility of the owner or operator of the facility that generated the sludge. All sludge intended for disposal at a solid waste landfill shall not meet the criteria for hazardous waste.
D.Cover Material. A soil cover of at least six (6) inches shall be applied to all sludge, Composted sludge or treated sludge deposits daily to control disease vectors and nuisance conditions.
E.Transportation. All transportation of sludge shall comply with § 3.14 of this Part.
F.Odor Control. Any such solid waste landfill site must comply with Part 120-05-17 of this Title, and other rules and regulations pertaining to odors.
G.Submissions for Approval. The following submissions are required as part of an Application for Order of Approval for incineration of sludge and must be stamped by a registered professional engineer or land surveyor.
1.Application Form. The applicant shall provide information on the proposed sludge management activity on an application form obtained from the department.
2.Management Plan. Any owner or applicant who wishes to engage in the disposal of sludge by burial at a solid waste landfill must submit a plan describing compliance with the requirements in this rule to the Director to be reviewed and evaluated individually before approval is issued.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.17** Ocean Disposal {#sec-250-ricr-150-10-3-3.17 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.17}
The discharge or disposal of sludge, Composted sludge or treated sludge into the waters of the State is prohibited in accordance with R.I. Gen. Laws Chapter 46-12.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.18** Notification of Closure and Closure Procedure {#sec-250-ricr-150-10-3-3.18 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.18}
A.Land Disposal Facilities or Sites. The owner of a land disposal site shall notify the Office of Water Resources in writing within ninety (90) days prior to the date the owner intends to close said site. The notification shall provide that the owner will physically remove all materials on site or the owner will abide by the closure plan, including the post-closure monitoring and financial provisions, as submitted by the applicant and approved by the Office of Water Resources under § 3.9(N)(4) of this Part.
B.Other Facilities or Sites. The owner of any facility or site other than a land disposal site shall notify the Office of Water Resources in writing at least thirty (30) days prior to the date the owner intends to close said facility or site. Before a facility or site will be considered closed, the Office of Water Resources shall conduct a final investigation to determine compliance with the provisions of these rules and regulations and the approved Management Plan.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.19** Limited Access {#sec-250-ricr-150-10-3-3.19 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.19}
Operations of a facility or site shall be limited to those hours specified in the approved Management Plan.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.20** Sludge Release {#sec-250-ricr-150-10-3-3.20 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.20}
A.In the event of a release or spill of sludge, the owner or operator of the facility or site where the sludge release occurred or the transporter (if the release occurred during transport) shall be required to do the following:
1.Immediately take action to contain the release, minimize the environmental impact, and begin clean up procedures.
2.Verbally notify the Department within 24 hours of the release with the following information:
a.The date, time and location of the release;
b.The quantity of sludge released and the quantity of sludge recovered, in gallons and wet tons;
c.The quantity and final disposition of any sludge not recovered;
d.The name, address and telephone number of the driver involved (if sludge release occurs during transport);
e.The name, address and telephone number of the facility or site that generated the sludge;
f.The approximate distance to any surface waters and storm drains;
g.The actions taken to control the extent of the release and minimize the environmental impact; and,
h.Future actions necessary to clean up the release, if applicable.
3.Submit a certified letter to the Department within five (5) days of the release that includes but is not limited to the information required in § 3.20(A)(2) of this Part signed by the owner of the facility or site where the release occurred. In the event that the release occurred during transport, the transporter shall submit the certified letter.
4.Notification of the release to the Department shall not be required if all of the following conditions are met:
a.The release is less than 25 gallons or 5 cubic feet if the sludge contains greater than 10 percent solids;
b.The release is immediately contained;
c.The release is completely removed within 24 hours; and,
d.The release does not discharge to a surface water or storm drain system.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.21** Existing Facilities or Sites {#sec-250-ricr-150-10-3-3.21 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.21}
All facilities or sites that are operating on the effective date of these rules and regulations (the "existing facilities") may continue to operate in compliance with their current Orders of Approval, which shall remain in full force and effect unless suspended or revoked by the Director in accordance with § 3.23 of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.22** Variances {#sec-250-ricr-150-10-3-3.22 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.22}
A.Any owner or applicant may submit a written request to the Director for a variance from some or all provisions of these rules and regulations.
B.The owner or applicant shall have the burden of proving by clear and convincing evidence that a variance should be granted because alternative design or operating standards or alternative methods proposed in the variance application fulfill the purposes of the rules and regulations from which the variance is requested and shall have no adverse effect on public health and the environment.
C.The Director may require that the applicant provide notification of any request for variance to all potentially affected parties as determined by the Director. At a minimum, the applicant may be required to notify all abutters of the proposed facility or site. The Director may schedule a public hearing as required pursuant to R.I. Gen. Laws Chapter 42-35 to solicit public comment prior to rendering a decision on the variance request. The applicant shall be required to pay the expenses for notice and hearing.
D.The Director's decision to grant or deny a variance shall be in writing and may, as a condition of granting the variance, impose appropriate requirements necessary to protect the public health and environment.
E.Issuance of a variance pursuant to this rule does not relieve the holder of the variance from complying with requirements of these rules and regulations which have not been the subject of a variance.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.23** Denial, Suspension, Revocation of Approval {#sec-250-ricr-150-10-3-3.23 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.23}
A.The Director may suspend or revoke, in whole or in part, an approval for cause, including, but not limited to:
1.Failure to comply with these rules and regulations;
2.Refusal to permit a reasonable inspection;
3.Information indicating that the facility or site may result in probable harm to the environment or pose a threat to the health, safety and/or welfare of the public;
4.The information on the Application for Order of Approval or in any other material in support of the application is found to be false, misleading, or erroneous; or,
5.Failure to comply with any conditions or provisions of the Order of Approval.
B.Whenever the Director determines that a facility or site is not being operated in conformance with these rules and regulations or the Order of Approval, the Director may order the owner to take appropriate corrective action necessary to secure compliance with these rules and regulations and to order closure of said facility or site.
C.The Director may deny an application for failure to satisfy the requirements of these rules and regulations.
D.A notice of suspension or revocation of an approval or the denial of an application shall be in the form of a letter notifying the owner or operator of the facility or site or subsequent transferee of the suspension, revocation, or denial and the reasons for the suspension, revocation, or denial.
E.Any person served with a notice of suspension or revocation of an approval or the denial of an application may request an adjudicatory hearing to contest the suspension, revocation or denial as set forth in § 3.23 of this Part. A notice of suspension, revocation or denial automatically becomes a final order of the Director enforceable in Superior Court upon failure to file a timely request for said adjudicatory hearing (as described in § 3.23 of this Part).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.24** Penalties {#sec-250-ricr-150-10-3-3.24 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.24}
Penalties may be assessed in accordance with R.I. Gen. Laws Chapters 46-12, 23-18.9, 23-19.1, 42-17.1, 42-17.6, and Part 130-00-1 of this Title for any violation of these rules and regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.25** Appeals {#sec-250-ricr-150-10-3-3.25 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.25}
A.General. The procedures for appeal of Departmental decisions pursuant to the provisions of R.I. Gen. Laws Chapter 42-35 are contained in both Part 10-00-1 and Part 20-00-1 of this Title.
B.Appeal Procedure for Approval Denials. Any person whose approval application is denied may appeal to the Director for review of the decision on which the denial is based by filing an appeal with DEM/Administrative Adjudication.
1.Filing of Appeal. All appeals shall be in writing and shall be filed with and received by DEM/Administrative Adjudication within thirty (30) days after the effective date of the denial of the subject application. See R.I. Gen. Laws § 42-17.7-9.
2.Contents of Appeal. Every appeal shall contain a detailed basis upon which the appeal is taken.
3.Notice of Administrative Hearing. Upon the filing of an appeal with DEM/Administrative Adjudication, and once the hearing schedule allows, DEM/Administrative Adjudication shall notify by first class mail those persons as determined by the Director of the date, time and place of the adjudicatory hearing, in conformance with R.I. Gen. Laws § 42-35-9.
C.Appeal Procedure for Notice of Violations. 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 DEM/Administrative Adjudication.
1.Filing of Appeal. All appeals shall be in writing and shall be filed with and received by DEM/Administrative Adjudication within twenty (20) days after the date of receipt of the subject NOV, suspension or revocation. See R.I. Gen. Laws § 42-17.7-9.
2.Contents of Appeal. Every appeal shall contain a detailed basis upon which the appeal is taken. See R.I. Gen. Laws § 42-17.7-9.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.26** Severability {#sec-250-ricr-150-10-3-3.26 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.26}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.27** Superseded Rules and Regulations {#sec-250-ricr-150-10-3-3.27 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.27}
On the effective date of these rules and regulations, all previous rules and regulations, and any policies regarding the administration and enforcement of sewage sludge management 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.28** Appendix 1 - Processes to Significantly Reduce Pathogens {#sec-250-ricr-150-10-3-3.28 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.28}
A.Aerobic Digestion. The process is conducted by agitating sludge with air or oxygen to maintain aerobic conditions at residence times ranging from 60 days at 15°C to 40 days at 20°C.
B.Air Drying. Sludge is dried on sand beds or on paved or unpaved basins. A minimum of three months is needed, two months of which temperatures average on a daily basis above 0°C.
C.Anaerobic Digestion. The process is conducted in the absence of air at residence times ranging from 60 days at 20°C to 15 days at 35°C to 55°C.
D.Composting. Either the within-vessel, static aerated pile or windrow composting method is used to maintain the temperature of the sludge at 40°C or higher for 5 days. For 4 hours during the 5-day period, the temperature in the compost pile exceeds 55°C.
E.Lime Stabilization. Sufficient lime is added to the sludge to produce a pH of 12 after 2 hours of contact. pH measurements shall be performed at 25°C or corrected to 25°C.
F.Other Methods. Other methods or operating conditions, if accepted by the U.S. Environmental Protection Agency, may be used if pathogens are reduced to an extent equivalent to the reduction achieved by any of the above methods.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.29** Appendix 2 - Processes to Further Reduce Pathogens {#sec-250-ricr-150-10-3-3.29 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.29}
A.Composting. Using either the within-vessel composting method or the static aerated pile composting method, the temperature of the sewage sludge is maintained at 55°C or greater for three days. Using the windrow composting method, the temperature of the sewage sludge is maintained at 55°C or greater for at least 15 days. During the period when the compost is maintained at 55°C or greater, there shall be a minimum of five turnings of the windrow.
B.Heat Drying. Sewage sludge is dried by direct or indirect contact with hot gases to reduce the moisture content of the sewage sludge to 10 percent or lower. Either the temperature of the sewage sludge particles exceed 80°C or the wet bulb temperature of the gas in contact with the sludge at the point where it leaves the dryer exceeds 80°C.
C.Heat Treatment. Liquid sludge is heated to a temperature of 180°C or higher for 30 minutes.
D.Thermophilic Aerobic Digestion. Liquid sludge is agitated with air or oxygen to maintain aerobic conditions at residence times of 10 days at 55°C to 60°C.
E.Beta Ray Irradiation. Sludge is irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at room temperature (ca. 20°C).
F.Gamma Ray Irradiation. Sludge is irradiated with gamma rays from certain isotopes, such as Cobalt 60 and Cesium 137 at room temperature (ca. 20°C).
G.Pasteurization. Sludge is maintained at a minimum temperature of 70°C for at least 30 minutes.
H.Other Methods. Other methods or operating conditions if acceptable by the U.S. Environmental Protection Agency may be used if pathogens are reduced to an extent equivalent to the reduction achieved by any of the above methods.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.30** Appendix 3 - Vector Attraction Reduction Requirements {#sec-250-ricr-150-10-3-3.30 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.30}
A.Reduction in Volatile Solids Content. The mass of volatile solids in the sewage sludge shall be reduced by a minimum of 38 percent (see calculation procedures in "Environmental Regulations and Technology, Control of Pathogens and Vector Attraction in Sewage Sludge", EPA/625/R-92/013, July 2003, U.S. Environmental Protection Agency, Cincinnati, Ohio 45268).
B.Additional Digestion of Anaerobically Digested Biosolids. When the 38 percent volatile solids reduction requirement in option A cannot be met for an anaerobically digested sewage sludge, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge anaerobically in the laboratory in a bench-scale unit for 40 additional days at a temperature between 30°C and 37°C. When at the end of the 40 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 17 percent, vector attraction reduction is achieved.
C.Additional Digestion of Aerobically Digested Biosolids. When the 38 percent volatile solids reduction requirement in option A cannot be met for an aerobically digested sewage sludge, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge that has a percent solids of 2 percent or less aerobically in the laboratory in a bench-scale unit for 30 additional days at 20°C. When at the end of the 30 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 15 percent, vector attraction reduction is achieved.
D.Specific Oxygen Uptake Rate (SOUR) for Aerobically Digested Biosolids. The specific oxygen uptake rate (SOUR) for sewage sludge treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20°C.
E.Aerobic Processes at Greater Than 40°C. Sewage sludge shall be treated in an aerobic process for 14 days or longer. During that time, the temperature of the sewage sludge shall be higher than 40°C and the average temperature of the sewage sludge shall be higher than 45°C.
F.Addition of Alkaline Material. The pH of sewage sludge shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for two hours and then at 11.5 or higher for an additional 22 hours. PH measurements shall be performed at 25°C or corrected to 25°C.
G.Moisture Reduction of Biosolids Containing No Unstabilized Solids. Sewage sludge shall not contain unstabilized solids generated during primary treatment and the solids content of the sewage sludge shall be at least 75 percent before the sewage sludge is mixed with other materials. The solids content of the sewage sludge shall be achieved by removing water, not by adding inert materials.
H.Moisture Reduction of Biosolids Containing Unstabilized Solids. Solids content of the sewage sludge shall be at least 90 percent, regardless of whether the sewage sludge is from primary treatment. The solids content of the sewage sludge shall be achieved by removing water, not by adding inert materials. The sewage sludge shall not be exposed to high humidity prior to use or disposal to prevent the outer surface of the sewage sludge from gaining moisture content.
I.Biosolids Injection:
1.Sewage sludge shall be injected below the surface of the land, and,
2.No significant amount of the sewage sludge shall be present on the land surface within 1 hour after the sewage sludge is injected, and,
3.When the sewage sludge that is injected below the surface of the land meets the pathogen limits in Appendix 5, § 3.32 of this Part, the sewage sludge shall be injected below the land surface within 8 hours after being discharged from the pathogen reduction process.
J.Incorporation of Biosolids into the Soil:
1.Sewage sludge applied to the land surface or placed on a surface disposal site shall be incorporated into the soil within 6 hours after application to or placement on the land, and,
2.When sewage sludge that is incorporated into the soil meets the pathogen limits in § 3.32 of this Part, the sewage sludge shall be applied to or placed on the land within 8 hours after being discharged from the pathogen reduction process.
K.Covering Sludge (Land Disposal Only). Sewage sludge placed on a surface disposal site shall be covered with soil or other material at the end of each operating day.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.31** Appendix 4 - Maximum Concentration of Contaminants for the Toxicity Characteristic Leachate Procedure {#sec-250-ricr-150-10-3-3.31 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.31}
EPA Hazardous Waste Number
Contaminant
Regulatory Limit (mg/L)
D004
Arsenic
5.0
D005
Barium
100.0
D018
Benzene
0.5
D006
Cadmium
1.0
D019
Carbon tetrachloride
0.5
D020
Chlordane
0.03
D021
Chlorobenzene
100.0
D022
Chloroform
6.0
D007
Chromium
5.0
D023
o-Cresol
200.0
D024
m-Cresol
200.0
D025
p-Cresol
200.0
D026
Cresol
200.0
D016
2,4-D
10.0
D027
1,4-Dichlorobenzene
7.5
D028
1,2-Dichloroethane
0.5
D029
1,1-Dichloroethylene
0.7
D030
2,4-Dinitrotoluene
0.13
D012
Endrin
0.02
D031
Heptachlor (and its hydroxide)
0.008
D032
Hexachlorobenzene
0.13
D033
Hexachlorobutadiene
0.5
D034
Hexachloroethane
3.0
D008
Lead
5.0
D013
Lindane
0.4
D009
Mercury
0.2
D014
Methoxychlor
10.0
D035
Methyl ethyl ketone
200.0
D036
Nitrobenzene
2.0
D037
Pentachlorophenol
100.0
D038
Pyridine
5.0
D010
Selenium
1.0
D011
Silver
5.0
D039
Tetrachloroethylene
0.7
D015
Toxaphene
0.5
D040
Trichloroethylene
0.5
D041
2,4,5-Trichlorophenol
400.0
D042
2,4,6-Trichlorophenol
2.0
D017
2,4,5-TP (Silvex)
1.0
D043
Vinyl chloride
0.2
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.32** Appendix 5 - Class A Biosolids Limits {#sec-250-ricr-150-10-3-3.32 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.32}
A.Metals:
METAL
LIMIT, mg/kg (dry weight)
Arsenic
41
Cadmium
39
Copper
1500
Lead
300
Mercury
17
Nickel
420
Selenium
100
Zinc
2800
B.Pathogens. The following pathogen limit must be met:
PATHOGEN
LIMIT
Fecal Coliform Bacteria
Less than 1000 Most Probable Number
per 1 gram of total solids (dry weight)
1.Pathogen reduction must take place before or at the same time as vector attraction reduction except when options in §§ 3.30(F) through (J) of this Part are used.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.33** Appendix 6 - Class B Biosolids Limits and Characteristics {#sec-250-ricr-150-10-3-3.33 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.33}
A.Metals:
METAL
LIMIT, mg/kg (dry weight)
Arsenic
75
Cadmium
85
Copper
4300
Lead
840
Mercury
57
Molybdenum
75
Nickel
420
Selenium
100
Zinc
7500
B.Characteristics:
CHARACTERISTICS
Ratio of Sludge to Bulking Agent (if applicable)
Density of Composted Sludge (if applicable)
Moisture Content (%)
Total Volatile Solids (%)
Ammonia Nitrogen (%)
Nitrate Nitrogen (%)
Total Nitrogen (%)
Available Phosphoric Acid (%)
Soluble Potash (%)
Specific Conductivity
pH
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
##### **250-RICR-150-10-3 § 3.34** Appendix 7 – Maximum Cumulative Loading Rates {#sec-250-ricr-150-10-3-3.34 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-3#3.34}
METAL
DRY TONS PER ACRE
Arsenic
41 kg As/hectare
( ppm As) x 0.002
Cadmium
39 kg Cd/hectare
( ppm Cd) x 0.002
Copper
1500 kg Cu/hectare
( ppm Cu) x 0.002
Lead
300 kg Pb/hectare
( ppm Pb) x 0.002
Mercury
17 kg Hg/hectare
( ppm Hg) x 0.002
Nickel
420 kg Ni/hectare
( ppm Ni) x 0.002
Selenium
100 kg Se/hectare
( ppm Se) x 0.002
Zinc
2800 kg Zn/hectare
( ppm Zn) x 0.002
The parts per million of each metal are provided in the sludge analyses. The lowest value is chosen from the above nine (9) calculations as the maximum cumulative tons of sludge which can be applied per acre.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2012-01-04 to 01/04/2022*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Technical Revision — effective from 2012-01-04 to 01/04/2012*
- *Amendment — effective from 2012-01-04 to 01/04/2012*
- *Periodic Refile — effective from 2001-12-31 to 01/04/2012*
#### **250-RICR-150-10-4** Rules and Regulations for the Operation and Maintenance of Wastewater Treatment Facilities
##### **250-RICR-150-10-4 § 4.1** Purpose {#sec-250-ricr-150-10-4-4.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.1}
A.It is the purpose of these Rules and Regulations to ensure that wastewater treatment facilities are at all times maintained in acceptable working order and operated at their maximum level of efficiency to adequately transport and/or remove the maximum amount of objectionable constituents in wastewater, and to serve the purposes of the Federal Clean Water Act and applicable R.I. Gen. Laws. To achieve this purpose these Rules and Regulations provide the provisions for Owners of a wastewater treatment facility to submit for approval and, once approved, adhere to an Operation and Maintenance Plan. Accordingly these Rules and Regulations establish a procedure for the evaluation and approval of operation and maintenance plans by the Department of Environmental Management.
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.2** Authority {#sec-250-ricr-150-10-4-4.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.2}
A.These Rules and Regulations are adopted pursuant to R.I. Gen. Laws Chapters 46-12, 42-17.1, 42-17.6 and 42-35.
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.3** Repealed. {#sec-250-ricr-150-10-4-4.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.3}
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.4** Definitions {#sec-250-ricr-150-10-4-4.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.4}
A.For the purposes of these Rules and Regulations only, the subsequent terms shall have the following meanings:
1."Asset" means a major application, general support system, high impact program, physical plant, mission critical system, equipment, or a logically related group of systems as they relate to the operation and maintenance of a wastewater treatment facility.
2.“Combined sewer overflow" means a structure within a combined sewage collection system that allows a permitted discharge during a wet-weather event into a receiving water without going to a treatment works.
3."Cybersecurity" means the prevention of damage to, protection of, and restoration of computers, electronic communications systems, electronic communications services, wire communication, and electric communication, including information contained therein, to ensure its availability, integrity, authentication, confidentiality, and nonrepudiation.
4.“Department” means the Rhode Island Department of Environmental Management.
5.“Director” means the Director of the Department of Environmental Management or his/her designee(s).
6.“NPDES” means the National Pollution Discharge Elimination System, which may include the delegated Rhode Island Pollution Discharge Elimination System.
7."National preparedness goals" means those goals for a secure and resilient nation with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk. For the purposes of these regulations, whenever the term "National Preparedness goals" is used, the whole community encompasses the community or communities serviced by the wastewater treatment facility.
8.“Operation and maintenance plan” or “Plan” means either an electronic or paper document submitted to the Director for evaluation and written approval. Each document shall include, but not be limited to, a description of the specific wastewater treatment facility, procedures for operation and maintenance, required staffing levels, design and other pertinent information as enumerated in § 4.5 of this Part.
9.“Owner” means
a.The permittee named on the NPDES permit issued for the wastewater treatment facility, or,
b.A city or town or the State of Rhode Island, or district association, or other public body (created by or pursuant to Rhode Island State Law) having jurisdiction over a wastewater treatment facility.
10."Resilience" means the ability to reduce the magnitude and/or duration of disruptive events and to quickly adapt and recover from any known or unknown changes to the environment —physical or electronic—through holistic implementation of risk management, contingency, and continuity planning.
11."Risk and resiliency coordinator(s)" means a position or positions in authority within the management, operations, and/or maintenance functions of a wastewater treatment facility that is responsible for implementing the National Preparedness Goals. The risk and resiliency coordinator(s) may be either a standalone position or a function held by several individuals and at a minimum will
a.Coordinate with state, federal, and industry-based risk assessment, monitoring, and response organizations.
b.Organize and administer training and other resources for management, financial decision makers, and front-line staff of the wastewater treatment facility regarding all aspects of the National Preparedness Goals for physical, natural, or cyber-related risks that may impact the operations and maintenance of the wastewater treatment facility.
c.Be responsible for all of the state and federal reporting requirements.
12."Risk management plan" means a plan that documents how a wastewater treatment facility will identify, assess, and mitigate potential risks throughout its lifecycle ensuring the data, personnel, devices, systems, and facilities are effectively identified, managed, and implemented to maintain permit compliance and operational efficiency.
13.“Sanitary sewer overflow” means an intentional or unintentional discharge of raw or partially treated wastewater from any point within a wastewater treatment facility’s collection system. For the purposes of these regulations a sanitary sewer overflow will not include a wet-weather-related discharge from any combined sewer overflow authorized within a NPDES permit.
14."Substantial cyber incident" means a cyber incident that causes a disruption or potential disruption to the wastewater treatment process and/or systems related to the operation and maintenance of the facility or permit compliance. This includes but is not limited to impacts to information technology and/or operational technology related to the operation and maintenance of the facility or permit compliance.
15.“Wastewater” means human waste from any receptacles intended to receive or retain bodily waste products, and any organic or non-biological wastes from residences, businesses, institutions and industries or any combination of the above, as well as any water used as a means of conveyance of such wastes, which is intended to enter a wastewater treatment facility for collection, conveyance, treatment and discharge in accordance with a NPDES permit.
16.“Wastewater treatment facility” means a group or assemblage of processes, devices and structures for the conveyance, treatment or removal of objectionable constituents of wastewater. A wastewater treatment facility shall include, but not be limited to, all physically connected wastewater collection system piping, pumping, storage, physical, chemical and/or biological treatment, filtering and disinfection systems. For the purposes of these Rules and Regulations, a wastewater treatment facility shall include privately owned wastewater collection, pumping, storage and conveyance systems interconnected with and emptying into a host wastewater collection system. For the purposes of these Rules and Regulations, a wastewater treatment facility shall not be considered to be:
a.An Onsite Wastewater Treatment System, which does not discharge into surface waters but discharge into subsurface waters; or,
b.Any privately owned plumbing; or,
c.Any privately owned low-pressure grinder pumps; or,
d.Any privately owned gravity sewer lines conveying an average flow of less than 30,000 gallons per day, as calculated by the Department’s “Flow Estimation Policy for Design of Sanitary Sewers.”
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.5** Operation and Maintenance Plan Requirements {#sec-250-ricr-150-10-4-4.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.5}
A.At all times, wastewater treatment facilities shall be maintained in good working order and operated as efficiently as possible. Proper operation and maintenance may include but not be limited to effective performance based on facility design, adequate funding, effective management, adequate operator staffing and training and adequate laboratory and process controls including quality assurance procedures as determined to be appropriate by the Director and backup or auxiliary facilities or similar systems to assure compliance or effective performance.
B.The Owner shall submit for review and approval by the Director a Plan prescribing standards and procedures by which the wastewater treatment facility will be staffed, operated and maintained during normal and emergency conditions. Should development of the Plan include the practice of engineering, the Plan must then be prepared and certified by a Registered Professional Engineer registered in the State of Rhode Island.
C.The Owner of a new wastewater treatment facility, or the Owner of an existing wastewater treatment facility that is being upgraded shall submit a draft Plan, or draft revisions to an existing approved Plan, to the Director for review and approval at least sixty (60) days prior to commencement of operation of the new or upgraded wastewater treatment facility.
D.The Owner of an existing wastewater treatment facility without an approved Plan must submit for review and approval a Plan necessary to comply with the requirements herein within one (1) calendar year of the promulgation of these Rules and Regulations, or at some other pre-approved time as determined at the discretion of the Director.
E.The Owner of an existing wastewater treatment facility with an approved Plan must submit for review and approval all revisions necessary to comply with the requirements herein within one (1) calendar year of the promulgation of these Rules and Regulations, or at some other pre-approved time as determined at the discretion of the Director.
F.The Owner may request an extension in time to complete and submit the required revisions or submission of a Plan, per §§ 4.5(D) and (E) of this Part, but this extension cannot exceed one year in addition to the one year herein.
1.A request for submission extension must be in writing and be received by the Department no later than three (3) months prior to the required submittal date. Any request received later than three months prior to the required submittal date will be denied.
2.The request for extension must include all applicable reasons that would require additional time for the submission of a draft plan.
3.It shall be at the Director’s discretion to approve or deny such a request for extensions of submission.
G.The Owner of any existing wastewater treatment facility operating on the effective date of these Rules and Regulations shall continue to operate the wastewater treatment facility in compliance with an existing approved Plan, which shall remain in full force and effect unless suspended or revoked by the Director in accordance with § 4.13 of this Part.
H.The contents of the Plan shall include at a minimum the following:
1.Descriptions and schematics of the entire wastewater treatment facility in either paper or electronic form, and an overall plan with appropriate labels for major components (i.e. collection piping and pumping, headworks, clarifiers, aeration tanks, disinfection, sludge handling, etc.), outfall(s) and compliance sampling locations. This description and schematic must include:
a.Sewer-line maps of the collection system, which will include but not be limited to the overall service area, as well as the locations of incoming wastewater from neighboring communities, pipe diameter, distances between centers of manholes, slope or direction of flow, and the locations of all pump stations, siphons, etc., (noting design capacities) and flow meters. Other required collection system information may include, but not be limited to, the dimensions of easements and property lines.
b.The information stated herein (that is, in § 4.5(H)(1)(a) of this Part will be submitted to the Department for review via a file geodatabase or other GIS-compatible formats, and shall also be available onsite for review by the Director at any time.
c.A summary of all design criteria, including capacity calculations, for the wastewater treatment facility.
2.Descriptions of, and detailed operating procedures for, all treatment processes and major and essential equipment and assets within the wastewater treatment facility, including sampling and monitoring equipment. Said procedures will include target ranges and alarm set points.
3.Description of preventative maintenance procedures for the wastewater treatment facility. This must include information stored within an adequate data-management system to track maintenance activities.
4.A risk management plan including but not limited to actions taken to manage the risk of substantial cyber incidents and that identifies the Risk and Resiliency Coordinator(s).
5.A listing of supplies and essential spare parts necessary to be kept on site for normal and emergency use throughout the wastewater treatment facility, or certification that all essential spare parts are managed by the wastewater treatment facility in comprehensive asset management software, and shall be made available upon request.
6.A staffing plan of staff directly involved in the operations, maintenance, collections systems, and laboratory of the wastewater treatment facility, including but not limited to:
a.position descriptions,
b.managerial and staffing hierarchy organization chart,
c.minimum qualifications and training requirements
d.indications as to whether the position is full- or part-time, and,
e.required Grade of Licensure, as stated by any Rules and Regulations promulgated by the Rhode Island Board of Certification of Operators of Wastewater Treatment Facilities.
f.A staffing analysis shall be performed and submitted to the Department, along with a proposed staffing plan for review and approval, every five (5) years to ensure the facility is adequately staffed for proper operations and maintenance.
7.A description of any provisions to ensure security and resilience of the wastewater treatment facility’s physical and electronic data-management systems. Per the National Preparedness Goals of identify, prevention, protection, mitigation, response, and recovery.
8.Emergency procedures and reporting requirements in case of power outages, natural disaster, labor shortage (whether the result of intentional work stoppages or epidemic), equipment failure, acts of terrorism/vandalism, substantial cyber incidents at a wastewater treatment facility, or sanitary sewer overflow. Reporting requirements shall include verbal notification to the Department as soon as possible but not exceeding twenty-four (24) hours from discovery of the event; for a sanitary sewer overflow, an electronic report must be submitted to the Department not more than five (5) calendar days from the discovery of the event; and for all other events, a written report must be submitted to the Department not more than five (5) calendar days from discovery of the event, if required by the Department. Notifications to DEM of a substantial cyber incident will be treated and handled by DEM as confidential information of the wastewater treatment facility until the substantial cyber incident has been resolved and where release is not required by state or federal law.
9.Documentation of plans for threat prevention, protection, mitigation, response, and recovery in case of power outages, natural disaster, substantial cyber incident, labor shortage (whether the result of intentional work stoppages or epidemic), equipment failure, acts of terrorism/vandalism, sanitary sewer overflow, and supply chain disruptions.
10.Procedures for records keeping for at least five (5) years of the time of recording.
11.Seasonal operational requirements, where applicable.
12.A schedule for self-monitoring of influent and effluent, treatment processes and operations to be reported on forms (paper or electronic) required by the Director.
13.A copy of the wastewater treatment facility’s National Pollution Discharge Elimination System (NPDES) or Rhode Island Pollution Discharge Elimination System (RIPDES) discharge permit.
14.Laboratory and sample collection procedures.
15.A description of operational funding mechanisms, to be updated at any time said funding mechanism changes.
16.A copy of the sewer use ordinance.
17.Procedures for tracking information regarding legally responsible parties of privately owned wastewater treatment facilities that are physically connected to, and so empty into, an Owner’s wastewater treatment facility. Such information must include, at a minimum, the retention of up-to-date and accurate contact information, including names, addresses and emergency communication information for all privately owned wastewater treatment facilities connected to an Owner’s wastewater treatment facility.
18.Procedures for informing responsible parties of privately owned wastewater treatment facilities that are physically connected to, and so empty into, an Owner’s wastewater treatment facility that, at a minimum, said parties are under the authority of these regulations.
19.Procedures for monitoring that privately owned wastewater treatment facilities that are physically connected to, and so empty into, an Owner’s wastewater treatment facility, are operated and maintained in accordance with § 4.5(A) of this Part. These procedures shall include a plan for action by the Owner should it become known that a privately owned wastewater treatment facility has failed.
20.Provisions that the wastewater treatment facility will minimize sanitary sewer overflows by maintaining and planning for proper collection-system capacity. This must include a description of methods for wastewater treatment facility capacity management with details on the selection and enforcement of any and all legal authority necessary for an Owner to ensure system capacity by regulating the volume of flow entering the wastewater treatment facility, including but not limited to residential and commercial customers, neighboring communities and industrial users. Such legal authority may include project approval requirements at the local level, sewer-use ordinances, contracts, service agreements and/or other legally binding documents.
21.A schedule for implementation of §§ 4.5(H)(15) through (18) of this Part above.
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.6** Procedures for the Evaluation and Approval of a Plan {#sec-250-ricr-150-10-4-4.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.6}
A.The Director shall evaluate each Plan submitted giving full consideration to the wastewater treatment facility design parameters, public health requirements and sound engineering, administrative and maintenance practices.
B.In reviewing a Plan, the Director may use as guidance the following documents: “Guides for an Operation and Maintenance Manual for Municipal Wastewater Treatment Facilities” and “Guides for an Operation and Maintenance Manual for Municipal Wastewater Pumping Stations and/or Pipelines,” and/or the “NPDES Compliance Inspection Manual,” by the U.S. Environmental Protection Agency (EPA); a current edition of “Operation of Municipal Wastewater Treatment Plants” by the Water Environment Federation; “Standard Methods for the Examination of Water and Wastewater”; National Institute of Standards and Technology (NIST) Cybersecurity Framework, and other standards, guidance and policies accepted by the Director.
C.Upon review of the Plan, the Director may:
1.Require that the Owner provide information as the Director deems necessary for the review of the Plan; if additional information is required the Owner must submit said information within thirty (30) days of notification, unless a longer time is granted, or,
2.Issue an Order of Approval. This Order of Approval, however, may if needed include stipulations requiring any such terms, conditions, management practices and operation and maintenance requirements deemed necessary by the Director for the Plan to comply with the requirements of these Rules and Regulations and applicable state and federal laws, or,
3.Deny the Plan for failure to satisfy the requirements of these Rules and Regulations and applicable state or federal laws. Should such a denial be issued by the Director, the Owner shall have the right to appeal the denial in accordance with § 4.14 of this Part.
D.Upon approval of the Plan, the Department will issue an Order of Approval and forward to the owner one copy of the approved Plan along with the Order of Approval. This approved copy must at all times be kept on site at the wastewater treatment facility and must be available for use by facility operators. A second identical approved copy will remain on file with the Department.
E.The Order of Approval issued for a Plan shall be effective on the date that the approval is issued and shall remain in effect unless modified, suspended or revoked in accordance with § 4.12 of this Part.
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.7** Operation in Accordance with Approved Plan {#sec-250-ricr-150-10-4-4.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.7}
A.After the effective date of the approved Plan, the wastewater treatment facility shall be operated and maintained at all times in conformance with § 4.5 of this Part and all aspects of the Plan.
B.After the effective date of the approved Plan, failure to operate and maintain the wastewater treatment facility in accordance with the approved Plan shall constitute a violation of an order of the Director pursuant to R.I. Gen. Laws § 46-12-3 of the Water Pollution Act. Each day that a wastewater treatment facility is not operated in conformance with an approved Plan shall constitute a separate violation.
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.8** Staffing {#sec-250-ricr-150-10-4-4.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.8}
A.All wastewater treatment facilities regulated by the Rhode Island Board of Certification of Operators of wastewater treatment facilities must be operated and maintained by properly certified personnel in accordance with the Rules and Regulations for Wastewater Treatment Facility Operators.
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.9** Odors {#sec-250-ricr-150-10-4-4.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.9}
A.All wastewater treatment facilities must comply with Part 120-05-17 of this Title, or other Rules and Regulations pertaining to odors. As such, a wastewater treatment facility shall, at all times, be operated and maintained so as not to emit or cause to be emitted into the atmosphere any air contaminant or combination of contaminants which creates an objectionable odor beyond the property line of said facility.
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.10** Records of Operation {#sec-250-ricr-150-10-4-4.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.10}
A.The Director may require any wastewater treatment facility to:
1.Establish and maintain records of operation and maintenance, either physical or electronic.
2.Create and submit reports, including but not limited to monthly operating reports, alarm calibration and testing reports, etc., as well as documentation of any equipment or electronic system failure or compromise.
3.Install, calibrate, use and maintain monitoring equipment or methods.
4.Sample discharges in accordance with such methods at locations, at intervals, and in a manner as the Director shall prescribe. Such sampling may be in addition to that required by NPDES monitoring requirements.
5.Provide other information relating to discharges into the state waters or into a wastewater treatment facility as the Director may reasonably require.
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.11** Inspection; Right of Entry {#sec-250-ricr-150-10-4-4.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.11}
A.For the purpose of enforcing these Rules and Regulations, it is necessary that the Director be able to conduct inspections of, review records of operation and obtain samples of any substance from a wastewater treatment facility, and to evaluate a proposed Plan and/or ensure that operation and maintenance is in conformance with an approved Plan, as well as state and federal laws related to wastewater treatment. Therefore in accordance with the Department of Environmental Management’s Administrative Inspection Guidelines, the Director may at all reasonable times enter any wastewater treatment facility premises, buildings, plants or equipment, or other places belonging to, or controlled by any Owner, inspect the same or any part thereof, review and copy records of operation, either physical or electronic, historical or real-time, and obtain samples of any substances which the Director deems necessary.
B.Any person obstructing, hindering, or in any way causing to be obstructed or hindered, the Director in the performance of his/her duties or who shall refuse to permit the Director entrance into any wastewater treatment facility premises, buildings, plant or equipment, or other places belonging to or controlled by any such person, or who shall refuse to permit the Director to review and copy records of operations or obtain samples of any substances, in the performance of his/her duties as such, shall be subject to the civil and criminal penalties set forth in R.I. Gen. Laws §§ 46-12-13 and 46-12-14.
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.12** Revision of an Approved Plan {#sec-250-ricr-150-10-4-4.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.12}
A.An approved Plan shall not be revised in any manner without the prior submission of the proposed revision to the Director for review and approval at least forty-five (45) days prior to implementation unless an alternative timeframe is approved by DEM. The Director may also require at any time that an approved Plan be revised for reasons which include, but are not limited to, a determination that there has been a substantial change or alteration in the wastewater treatment facility’s capacity, treatment process, equipment or effluent or influent wastewater characteristics.
B.Revisions to an approved Plan will generally be approved by issuing a “modified Order of Approval.” Minor revisions may be approved by the Director as Standard Operating Procedures. Once the Director approves a Standard Operating Procedure it shall be considered an addendum of the approved Plan, and as such must be adhered to in accordance with § 4.5 of this Part.
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.13** Enforcement {#sec-250-ricr-150-10-4-4.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.13}
A.Any Owner that operates a wastewater treatment facility without an approved Plan, or a person or entity operating a wastewater treatment facility in violation of an approved Plan or otherwise operates a wastewater treatment facility in violation of these Rules and Regulations shall be subject to administrative enforcement actions, and/or civil and/or criminal penalties pursuant to R.I. Gen. Laws Chapters 46-12, 46-17.1 and 42-17.6.
B.Operation of a wastewater treatment facility without an approved Plan or operation in violation of an approved Plan may constitute grounds for the Director to suspend or revoke state grants for pollution prevention facilities.
C.The Director may seek appropriate equitable remedies pursuant to R.I. Gen. Laws Chapter 46-12, as amended for the operation of a wastewater treatment facility without an approved Plan or operation of a wastewater treatment facility in violation of an approved Plan.
D.After adoption of a Plan, the plan shall be enforced through R.I. Gen. Laws § 46-12-10.
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.14** Appeals {#sec-250-ricr-150-10-4-4.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.14}
A.Any person or entity for which an enforcement action has been initiated against by DEM may appeal to the Director for review of the decision on which the enforcement action is based by filing an appeal with the Administrative Adjudication Division. The procedures for appeal of Department decisions pursuant to the provisions of R.I. Gen. Laws Chapter 42-35 are contained in the Administrative Rules of Practice and Procedure for the Administrative Adjudication Division for Environmental Matters (“AAD Regulations”).
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.15** Repealed. {#sec-250-ricr-150-10-4-4.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.15}
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
##### **250-RICR-150-10-4 § 4.16** Repealed. {#sec-250-ricr-150-10-4-4.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-4#4.16}
**History**
- *Amendment — effective from 2025-10-16 to current*
- *Periodic Refile — effective from 2022-01-04 to 10/16/2025*
- *Technical Revision — effective from 2008-05-19 to 01/04/2022*
- *Technical Revision — effective from 2008-05-19 to 05/19/2008*
- *Amendment — effective from 2008-05-19 to 05/19/2008*
- *Periodic Refile — effective from 2001-12-31 to 05/19/2008*
#### **250-RICR-150-10-5** Rules and Regulations for Wastewater Treatment Facility Operators
##### **250-RICR-150-10-5 § 5.1** Purpose {#sec-250-ricr-150-10-5-5.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.1}
The purpose of these Regulations is to establish a system to classify all Wastewater Treatment Facilities as to size and type, and to establish specifications, including examinations, education, and work experience, for issuing Certificates for Operators of each class of Wastewater Treatment Facilities to ensure the proper management, operation, and maintenance of Rhode Island Wastewater Treatment Facilities.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.2** Legal Authority {#sec-250-ricr-150-10-5-5.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.2}
A.These Regulations are adopted pursuant to the powers and duties of the Board of Certification of Operators of Wastewater Treatment Facilities as required and authorized by R.I. Gen. Laws Chapter 42-17.4.
B.These Regulations are promulgated pursuant to the provisions of the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35, and are effective twenty (20) days following the date of filing with the Secretary of State.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.3** Prohibitions {#sec-250-ricr-150-10-5-5.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.3}
A.It shall be unlawful after June 30, 1979 for any person to operate or to cause to be operated a Wastewater Treatment Facility unless the Superintendent and Assistant Superintendent of such facilities hold a Certificate issued by the Board. The Board may waive the requirement of a certified Assistant Superintendent at a Wastewater Treatment Facility designed for a flow of less than one hundred thousand (100,000) gallons per day.
B.It shall be unlawful after June 30, 1979 for any person to hire an individual as an Operator unless he/she holds a Certificate as required under Regulations adopted pursuant to this Chapter; except that the Operator may be hired without such Certificate provided that he/she obtains such Certificate within one (1) year of the date of employment.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.4** Definitions {#sec-250-ricr-150-10-5-5.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.4}
A."Assistant superintendent" means the individual who is an Operator who is assigned the full-time direct responsibility for the management, operation and maintenance of an entire Wastewater Treatment Facility in the absence of the Superintendent and who shall have a Certificate equal to the grade or classification of the Wastewater Treatment Facility. This person is the next person in line of authority in the absence of the Superintendent and, therefore, there can be only one (1) Assistant Superintendent for each facility.
B.“Board” means the Board of Certification of Operators of Wastewater Treatment Facilities established by R.I. Gen. Laws § 42-17.4-1 to ensure the proper management, operation and maintenance of Wastewater Treatment Facilities by certifying an individual to be qualified to be an Operator.
C.“Certificate” or “License” means an authorizing document issued by the Board to an individual to operate one (1) or more specified grades of Wastewater Treatment Facilities.
D."Direct responsible charge" means the authority exercised by a Superintendent, Assistant Superintendent, Operations Supervisor or Shift Supervisor.
E.“Full time” or “Full-time” means the assigned duties at a single wastewater treatment facility of at least thirty-five (35) hours/week or more unless otherwise determined by the Board.
F."In good standing" means the status of any employee of a Wastewater Treatment Facility who has exhibited continued reasonable care, judgment and the application of his/her knowledge and ability. Any certified employee of a Wastewater Treatment Facility will not be considered to be In Good Standing if he/she has been found, after such an individual has been granted a hearing, to have performed his/her duties in a negligent manner or that he/she has practiced fraud or deception.
G."Laboratory technician" means any Full-Time employee of and at a Wastewater Treatment Facility who is not an Operator but whose Full-Time employment is directly involved with the day-to-day process control of the facility due to their duties either collecting samples and/or performing, analyzing, and ensuring quality control for the testing of chemical, physical and biological parameters.
H."Licensee" means any individual who has rightfully obtained an Operator's Certificate from the Rhode Island Board of Certification of Operators of Wastewater Treatment Facilities.
I."Maintenance technician" means any Full-Time employee at a Wastewater Treatment Facility who is not an Operator but whose employment has been determined by the Board to be directly involved in the day-to-day maintenance of major process equipment.
J."Operations supervisor" means an individual who is an Operator who works under the Superintendent, or Assistant Superintendent and is in Full-Time Direct Responsible Charge. This person must be responsible for one (1) or more Shift Supervisors.
K."Operator" means an individual who is so employed and assigned the Full-Time responsibility on one (1) or more mechanical treatment units, processes, or other process functions at a Wastewater Treatment Facility.
L."Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust estate, commission, board, public or private institution, utility, cooperative, municipality or any other political subdivision of this state, any interstate body, or any other legal entity.
M."Shift supervisor" means an individual who is an Operator who works Full Time under the Superintendent, Assistant Superintendent, or Operations Supervisor who is assigned Full-Time direct responsibility of a shift operation of a specific process or collection of processes, such as sludge dewatering, etc. This person must be in Full-Time responsible charge for one (1) or more Operators.
N."Superintendent" means the individual who is an Operator who is assigned the Full-Time direct responsibility for the management, operation and maintenance of an entire Wastewater Treatment Facility during all work shifts at the facility and who shall hold a Certificate equal to the grade or classification of the Wastewater Treatment Facility. It does not apply to any official who does not work at the Wastewater Treatment Facility as an Operator.
O."Wastewater" means used water delivered to a Wastewater Treatment Facility. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and/or storm water that may be present.
P."Wastewater treatment facility" means an arrangement of devices and structures, excluding septic tanks, constructed and installed for the purpose of treatment of Wastewater from domestic, commercial or industrial sources or combinations thereof, and which discharge its treated effluent into any surface water. Privately owned Wastewater Treatment Facilities that treat predominantly industrial wastes, or Wastewater Treatment Facilities that have sub-surface disposal, shall be excluded from the provisions of these Regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.5** Classification of Wastewater Treatment Facilities {#sec-250-ricr-150-10-5-5.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.5}
A.Each Wastewater Treatment Facility in the State of Rhode Island subject to these regulations shall be classified by the Board as Grade 1, 2, 3, or 4 based on the complexity of the wastewater treatment facility, and the equivalent population served. See Table I: Point Values for Classification of Wastewater Treatment Facilities in § 5.16 of this Part.
B.Classification of any treatment plant may be changed at the discretion of the Board by reason of changes in any condition or circumstance on which the original classification was predicated. Due notice of any such change shall be given to the owner, Superintendent, and Assistant Superintendent of the Wastewater Treatment Facility.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.6** Operator Qualifications and Classifications for Wastewater Treatment Facilities {#sec-250-ricr-150-10-5-5.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.6}
A.Approved applicants shall be examined by the Board as to education, experience, and knowledge as related to the classification of plants. Applicants must pass the required written examination.
B.In evaluating qualifications of applicants, the Board will be guided by the following:
1.Experience. Applicable experience will be considered only for those duties performed at a Wastewater Treatment Facility, as defined. Applicants must provide all relevant information related to experience and current duties at Wastewater Treatment Facilities on forms or applications provided by the Board and/or Wastewater Treatment Facility, and/or another state or commonwealth certification authority and attested to by the applicant and the applicant’s supervisor(s). The Board will use this information to assess levels of experience. Further evaluation may also be based on the collection of other data, such as, but not limited to, reports and inspections of the Department of Environmental Management, or other agencies having appropriate responsibilities for regulating Wastewater Treatment Facilities or Operators.
a.Any past or current employment in which Operator duties were or are performed at less than thirty-five (35) hours per week will require additional time-in-employment other than that listed in § 5.6(C) of this Part to meet experiential qualifications for licensure. Any additional time will be determined at the Board’s discretion.
b.Any Grade 1 or 2 Licensee whose experience has been based exclusively on functions that were not that of an Operator, such as but not limited to maintenance or laboratory/plant sampling activities, cannot use said experience to attain a position in Direct Responsible Charge.
2.Education. Applicable education per the requirements of § 5.6(C) of this Part must be from accredited institutions as determined by the Board. Applicants will be randomly selected and audited for proof of claims of education on any application. Such an audit will require the applicant to provide copies of documents such as diplomas, GEDs, etc.
3.Where applicable, education may be substituted for a portion of experience requirements as specified below:
a.Ten (10) college-level courses in physical or biological science, math, or engineering may be considered as equivalent to a maximum of six (6) months of experience as an Operator but shall not include experience equivalency in any position of Direct Responsible Charge.
b.Ten (10) college-level courses in business management or human resources may be considered as equivalent to a maximum of six (6) months of experience in Direct Responsible Charge but shall not include experience equivalency in any position of as an Operator.
c.Education applied to the experience requirement cannot also be applied to the education requirement.
4.Substitutions for formal education may be made at the Board’s discretion as follows:
a.Satisfactory completion of applicable courses of study approved by the Board may be considered as equivalent to passing the Grade 1 Operator Exam should the successful completion of the course occur within two (2) years of employment at a Rhode Island Wastewater Treatment Facility.
b.An acceptable high school equivalency certificate may be used to substitute for a high school diploma.
C.Four (4) grades of Licensees are hereby established. All candidates for licensure must at a minimum hold a high school diploma, or have attained a GED, and meet the following grade-specific requirements:
1.Grade 1 – All applicants for this grade must submit satisfactory evidence of the completion of one (1) year employment in good standing at a Wastewater Treatment Facility and:
a.A passing score on the Grade 1 examination offered by the Board; or,
b.Successful completion of a Board-approved training course within five (5) years prior to application.
2.Grade 2 – All applicants for this grade must pass a Grade 2 examination and must submit satisfactory evidence of one (1) year of experience in operations at a Wastewater Treatment Facility and a passing score on the Grade 2 exam offered by the Board. An applicant does not need to possess a full Grade 1 or a Grade 1 OIT to apply for the Grade 2 exam.
3.Grade 3 – All applicants for a Grade 3 License must pass a Grade 3 examination. Qualifications to sit for the Grade 3 exam include the possession of a full Grade 2 License and the submission of satisfactory evidence of either:
a.A Bachelor's or Master's degree in science, engineering, or related fields and two (2) years of employment In Good Standing in Direct Responsible Charge at a Wastewater Treatment Facility of Grade 2 or higher; or,
b.Successful completion of a two (2) year college curriculum, with the equivalent of one (1) full year consisting of courses with a passing score in science, engineering, or related fields; and four (4) years of employment as an Operator In Good Standing, two (2) of which are to be in Direct Responsible Charge at a Wastewater Treatment Facility of Grade 2 or higher; or,
c.Possession of five (5) years of employment as an Operator In Good Standing, of which three (3) are in Direct Responsible Charge at a Wastewater Treatment Facility of Grade 2 or higher.
4.Grade 4 – All applicants for a Grade 4 License must pass a Grade 4 examination. Qualifications to sit for the Grade 4 exam include the possession of a full Grade 3 License and the submission of satisfactory evidence of either:
a.A Bachelor's or Master's degree in science, engineering, or related fields and three (3) years of employment In Good Standing in Direct Responsible Charge at a Wastewater Treatment Facility of Grade 3; or,
b.Successful completion of at least two (2) years of college, the equivalent of one (1) full year consisting of courses with a passing score in science, engineering, or related fields; and five (5) years of employment as an Operator In Good Standing, three (3) of which are Direct Responsible Charge at a Wastewater Treatment Facility of Grade 3; or,
c.Possession of six (6) years of employment as an Operator In Good Standing, of which three (3) are in Direct Responsible Charge at a Wastewater Treatment Facility of Grade 3 or higher.
D.Any individual employed Full Time as either a Maintenance Technician or a Laboratory Technician, while not required to become certified, may be allowed to become certified with the following provisions:
1.Maintenance Technicians and Laboratory Technicians may be allowed to become certified up to Grade 2 only unless they meet the requirements of § 5.10(G) of this Part.
2.Any individual's experience while employed as a Maintenance Technician or Laboratory Technician cannot be considered for the operations experience requirements of the Grade 3 or Grade 4 License.
3.Any Grade 1 or 2 License that has been obtained exclusively through experience in laboratory/plant sampling activities will not be eligible to meet the licensure requirements for any subsequent operations position in Direct Responsible Charge.
E.The following positions are required to be certified as follows:
Position
Minimum Grade
Superintendent
Grade of the Wastewater Treatment Facility.
Assistant Superintendent
Grade of the Wastewater Treatment Facility.
Operations Supervisor
One grade less than the Wastewater Treatment Facility, or Grade 2, whichever is higher.
Shift Supervisor
Grade 2.
All Operators not otherwise specified shall be required to have at least a Grade 1 Certificate.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.7** Issuance of Operator-in-Training Certificate {#sec-250-ricr-150-10-5-5.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.7}
A.The Board may permit an applicant for any grade to take an examination in a given grade, if the individual has submitted evidence of education and experience satisfactory to the Board for the purpose of becoming an "operator-in-training" (“OIT”). OIT Certificates may be valid for up to a maximum of three (3) to five (5) years, as enumerated below.
B.Individuals who passed the Grade 3 exam under § 5.10(F) of this Part will be issued a Grade 3 OIT license should they enter a position in Rhode Island as an Operator in Direct Responsible Charge and meet all other qualifications. The length of the OIT will be a maximum of three (3) years unless a lesser amount is needed to attain the requisite amount of experience in Direct Responsible Charge.
C.Individuals who passed the Grade 3 exam under § 5.10(G) of this Part will be issued a Grade 3 OIT license should they enter a position in Rhode Island as an Operator and meet all other qualifications. The length of the OIT will be a maximum of five (5) years unless a lesser amount is needed to attain the requisite amount of operations experience.
D.A holder of an OIT Certificate may, with the consent of the Board, be allowed in certain circumstances to operate a treatment facility of his examined grade on a temporary basis until his/her experience requirements are met.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.8** Issuance of a Provisional Certificate {#sec-250-ricr-150-10-5-5.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.8}
A.A non-renewable six (6) month provisional Certificate may be issued to a Superintendent or Assistant Superintendent, Operations Supervisor, or Shift Supervisor only in specific instances:
1.Where the Board deems necessary, and;
2.Where the Board is satisfied that such an individual is able to meet all requirements of a particular grade including, but not limited, to experience and education.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.9** Applications {#sec-250-ricr-150-10-5-5.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.9}
A.Any individual desiring to be certified shall file an application with the Board not less than thirty (30) days before the date of the examination, on an application form provided by the Board.
B.The application for initial Rhode Island licensure shall be accompanied by a fee of ten dollars ($10.00). Once certified in Rhode Island, subsequent applications for higher License shall be accompanied by a fee of five dollars ($5.00). The bi-annual renewal fee will be ten dollars ($10.00). A technology/processing fee may be added to said application and renewal fees should an online payment method be used.
C.The Board shall review applications and supporting documents, determine the eligibility of the applicant for examination and notify the applicant of the same.
D.The application fee will not be returned should the application be denied or upon failure to pass the examination.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.10** Examinations {#sec-250-ricr-150-10-5-5.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.10}
A.The Board shall prepare written examinations to be used in determining knowledge, ability and judgment of the operators.
B.Examinations shall be held at least twice annually at a place and time set by the Board. Notification of examination shall be posted at least sixty (60) days in advance of the examination date.
C.Except in such cases as the Board may decide, all examinations shall be written. All examinations shall be graded by the Board or by its designees, and the applicant shall be notified of the outcome in writing. Papers used in the examination will not be returned to the applicant, but the results may be reviewed with a member of the Board, or its designee, upon request by the applicant up to thirty (30) days after notification of the results.
D.The Board will grade all exams with a minimum passing score of seventy percent (70%). No examination will be scaled.
E.Applicants who fail to pass an examination may apply to be re-examined at a regularly scheduled examination.
F.A Grade 2 Operator meeting all of the requirements of the Grade 3 examination except being in Direct Responsible Charge may apply to take the Grade 3 examination.
1.If the application is approved by the Board and the individual passes the Grade 3 exam, that person would receive a notice of passing valid either for a period of five (5) years from the examination date should the person maintain licensure at the Tier One Level or indefinitely should (and while) the person maintain licensure at the Tier Two Level, provided that each renewal period at the Tier Two Level include within the required twenty (20) hours of training a minimum of five (5) hours in employee management and/or labor relations.
2.If that individual secures a position of Direct Responsible Charge at a Wastewater Treatment Facility during the period of validity (whether five (5) years from the date of passing for a person maintaining a Tier One Level License or indefinitely for a person maintaining a Tier Two Level), he/she would not be required to take the examination to be eligible for an OIT Certificate. (See § 5.11(B)(4) of this Part for information on renewal tiers).
G.A Grade 2 licensee currently employed as a Maintenance Technician or Laboratory Technician in a full-time supervisory role of one (1) or more Maintenance Technicians or Laboratory Technicians, respectively, may apply to take the Grade 3 examination should said supervisory experience total a minimum of three (3) years.
1.Should the Board approve the application for Grade 3 examination, a passing score of the exam would be valid for five (5) years from the examination date should the person maintain licensure at the Tier One Level or indefinitely should (and while) the person maintains licensure at the Tier Two Level, provided that each renewal period at the Tier Two Level include the required twenty (20) hours of Board approved training, of which a minimum of five (5) hours must be in topics related to employee management and/or labor relations.
2.Should the individual attain a position as an Operator within said period of a valid Grade 3 exam passing score, as described above, the Board may then grant a Grade 3 OIT until such time as all other remaining operations qualifications are met, per § 5.7 of this Part. Past experience as an Operator may be counted toward the required time as an Operator.
H.Individuals not employed at an approved Wastewater Treatment Facility in the State of Rhode Island shall not be allowed to sit for examination.
I.Licensees may review exams per written notification from the Board during a specified time after each exam. Licensees may review the Grades 1 and 2 up to two (2) times in total. Licensees may review the Grade 3 once. No reviews will be granted for the Grade 4 exam.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.11** Certification {#sec-250-ricr-150-10-5-5.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.11}
A.Upon satisfactory fulfillment by an applicant of the provisions of the rules and regulations adopted by the Board, the Board shall issue a suitable Certificate designating competency. This two (2 ) year Certificate shall expire at the end of every other calendar year and may be renewed thereafter for additional two (2) year periods. The Certificate shall indicate the grade of treatment facility for which the operator is qualified. The Certificates for Superintendent and Assistant Superintendents shall be prominently displayed in the office of the Wastewater Treatment Facility.
B.A newly issued Certificate shall expire at the end of odd-numbered calendar years and may be renewed for additional two (2) year periods thereafter.
1.Licensees who are no longer employed at a Rhode Island Wastewater Treatment Facility may continue to renew their Certificate.
2.Licensees will be notified at their address of record as to the expiration of their Certificate, and the necessity to renew. All renewals and payments must be received by December 31st of the year of expiration.
a.The license of any individual who does not apply for renewal by December 31st of every odd-numbered calendar year will expire. However, the Board will send a second (2nd) notice to the licensee by Certified Mail stating the individual has until February 15th (or the following business day) to apply for renewal and pay a late fee of twenty-five dollars ($25.00) in addition to the renewal fee. A copy of the second (2nd) notice will be sent to the Operator’s Superintendent if the Licensee is employed at a Rhode Island Wastewater Treatment Facility.
b.If a Licensee does not renew by February 15th and pay the renewal fee and the twenty-five dollar ($25.00) late fee, the expiration of said License will remain permanently in effect. Once an individual’s License is permanently expired, said individual will no longer be able to work as an operator at a Wastewater Treatment Facility in the State of Rhode Island.
c.Should the Board be unable to contact a Licensee whose address of record has changed and no forwarding address is available, and if that Licensee is no longer working at a Wastewater Treatment Facility in Rhode Island, the Board will make no further attempt at notification regarding licensure expiration.
d.Re-certification will be through examination only.
3.Should the Board determine that a substantial number of acceptable training courses are available to all grades of Rhode Island Licensees, then the Board may institute a Mandatory Retraining for Renewal (MRR) requirement which will operate with the following guidelines:
a.The Board must notify Licensees, within ninety (90) days of the close of a two (2) year licensure period that the MRR is presently in effect. Hence, in order to renew an Operator License for the next renewal date (i.e., in approximately two (2) years) a minimum amount of training will be required.
b.All Licensees must satisfactorily attain twenty (20) hours of acceptable training within the two (2) year period.
c.Training hours, to be considered acceptable and to be applied to a Licensee's training hours, must be achieved from a course, seminar, or other curriculum which has been approved by the Board. Any course, seminar or curriculum will be reviewed by the Board or its designees for purposes of granting prior approval.
d.The Licensee is responsible for ensuring that a course, seminar or other curriculum is approved by the Board, and that those hours with that course can be accredited to the Operator's training requirements.
e.The burden of proof lies with the Licensee to satisfy the Board that any course, seminar, or other curriculum not previously approved by the Board meets Board criteria and should be approved for credit.
f.The Board is not responsible for notifying Licensees of their individual status and/or the number of credited hours which they have attained. Additionally, it is ultimately the individual Licensee's responsibility to inform the Board of any training hours to be applied to their training hours.
g.At the close of the two (2) year renewal period, the Board will determine if each Licensee has been credited with the required hours of acceptable training.
h.If a Licensee has not acquired the required hours, as specified above, then the License will not be renewed and the License will then be invalid. With an invalid License, the individual will not be able to work as an Operator at a Wastewater Treatment Facility in the State of Rhode Island. Recertification will be by examination only.
4.At the time of License renewal, a Licensee may choose to renew their License in either one (1) or the other of two (2) licensure tiers: Tier One is reserved for renewals without participation in optional training protocols; Tier Two renewal will include documentation that the Licensee has, at their own discretion, met particular training requirements, enumerated below.
a.Renewal in Tier One will result in standard Grade 1, Grade 2, Grade 3, or Grade 4 licensure levels; Tier Two renewals will result in a Grade 1T, Grade 2T, Grade 3T, or Grade 4T. No matter what Tier the Licensee holds, the Licensee can then choose during that renewal period to participate in the requisite training so that subsequent renewal may be achieved at the Tier Two level.
b.For the purposes of these Regulations, participation in the Tier Two level is optional.
c.Both Tiers will meet the intent of statutory and regulatory Wastewater Operator licensure requirements.
d.To participate in Tier Two licensure renewal, the Licensee must submit adequate documentation at the time of renewal of the successful completion of training per the following:
(1)Operators seeking to participate in the Tier Two licensure renewal status must attain twenty (20) training hours during the prior renewal period.
(2)To be credited toward the required amount of twenty (20) hours, a training event/program must be approved by the Board.
(3)Approved training may include professional conferences, classroom training, and in-house training programs or active participation in the Narragansett Water Pollution Control Association’s Operator Challenge Team.
(4)Applicable training is intended to be in topics that are not required for the performance of an Operator’s required duties, however the Board will accept requests for approval for any training opportunity. The Board holds the final authority as to the applicability of a particular training course for use by an individual operator. Training required by the licensee’s employer as a condition of employment will not be applicable to meet the intent of this provision.
(5)Unless otherwise requested at the time of renewal application, Licenses will be renewed at the Tier One level.
(6)Random audits will examine the validity of submitted information for Tier Two renewal; a determination that false or misleading information has been submitted regarding training contact hours may result in the revocation of the License.
(7)The Board reserves the right to rescind a prior approval of a training course and remove any hours from an operator’s total training hours that were gained through that course.
C.As a condition of certification, Licensees are responsible for informing the Board in writing as to a change of address or a change in employment status. Said notification must be within thirty (30) calendar days of said change.
D.Superintendents of a facility are responsible for notifying the Board when their facility hires a new operator. Said notification must be within thirty (30) calendar days of the hiring and must include the operator's full name, address, social security number and starting date.
E.Should a facility be upgraded or reclassified, all positions in Direct Responsible Charge must attain through examination (or, if so qualified, equivalency) the required certification levels per §§ 5.6(E) and 5.6(F) of this Part prior to the initiation of operations or start-up procedures for the facility.
F.Certificates may be issued, upon application, without examination, in a comparable classification to any individual who holds a Certificate issued by any State, recognized by the Association of Boards of Certification, if in the judgment of the Board, the requirements for certification of Operators under which such individual's Certificate was issued are equivalent to the requirements of these Regulations.
1.A Certificate issued under the provisions of this sub-rule is valid at any Wastewater Treatment Facility.
2.In order for an applicant to obtain a Rhode Island Grade 4 Wastewater Treatment Facility Operator’s License on the basis of the applicant’s possession of an Operator’s License issued by another recognized certifying authority, the applicant must also demonstrate the following to the satisfaction of the Board:
a.That the applicant provides valid evidence that he/she is employed or has been accepted for employment as an Assistant Superintendent or a Superintendent at a Grade 4 Wastewater Treatment Facility in the state of Rhode Island; and,
b.That his/her past or current employment as an equivalent Grade 4 Operator at an equivalent Grade 4 Wastewater Treatment Facility, as determined by the Board, located in the State which issued the equivalent Grade 4 Wastewater Treatment Facility operator’s License must have terminated no earlier than one (1) year prior to the filing of his/her application with the Board and completed his/her service In Good Standing.
G.Certificates issued without examination to those Operators so employed as of June 30, 1979 shall be valid only in that facility at which the Operator was employed at the time of certification.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.12** Revocation of Certificates {#sec-250-ricr-150-10-5-5.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.12}
A.The Board may suspend or revoke the Certificate of an Operator, Laboratory Technician or Maintenance Technician when it finds that he/she performed his/her duties in a negligent manner that produced an effluent below the standards normal for the particular facility operated; or that he/she has practiced fraud or deception; or that reasonable care, judgment or the application of his/her knowledge or ability was not used in the performance of his/her duties; or that an individual is incompetent or unable to perform his/her duties properly. In determining when such action(s) may be necessary, the Board may use Table III as a reference for suggested levels of action.
B.Before the Board may institute proceedings to suspend or revoke a Certificate, it will send notice, by certified mail to the individual whose Certificate is being considered for suspension or revocation, of the facts or conduct which warrant the intended action. The notice shall afford the individual thirty (30) days from receipt of the notice to submit a written response or request a meeting before the Board to show compliance with all lawful requirements for the retention of the Certificate. If the Certificate holder fails to submit a written response or request a meeting before the Board to show compliance within thirty (30) days of the receipt of said notice or fails to show cause why the Certificate should not be revoked, the Board may revoke the Certificate in accordance with these Regulations, R.I. Gen. Laws Chapters 42-17.4 through 42-17.8, and R.I. Gen. Laws Chapter 42-35. The notice of revocation shall be mailed by certified mail to the Certificate holder.
C.If the Board finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a Certificate may be ordered pending proceedings for revocation. These proceedings shall be promptly instituted and determined.
D.The Certificate holder may request a hearing on the suspension or revocation of the Certificate with the Board. The request for hearing must be received by the Board within thirty (30) days of the date of receipt of the notice of suspension or revocation. The hearing shall comply with the requirements of R.I. Gen. Laws § 42-35-9. Appeal from the final decision of the Board may be made as provided under R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.13** Penalty for Violations {#sec-250-ricr-150-10-5-5.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.13}
Pursuant to R.I. Gen. Laws Chapters 42-17.4 through 42-17.10, any person who shall be found guilty of violations of any of the provisions of the Rules and Regulations for Wastewater Treatment Facility Operators shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment, and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation is repeated or continued.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.14** Table I – Classification of Wastewater Treatment Facilities – Point Values {#sec-250-ricr-150-10-5-5.14 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.14}
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.15** Table II – Wastewater Treatment Plant Classification – Variable Point Guide {#sec-250-ricr-150-10-5-5.15 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.15}
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
##### **250-RICR-150-10-5 § 5.16** Table III – Guidelines for Licensure Enforcement {#sec-250-ricr-150-10-5-5.16 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-10-5#5.16}
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2021-10-28 to 01/04/2022*
- *Technical Revision — effective from 2017-12-04 to 10/28/2021*
- *Amendment — effective from 2017-12-04 to 12/04/2017*
- *Technical Revision — effective from 2013-09-29 to 12/04/2017*
- *Amendment — effective from 2013-09-29 to 09/29/2013*
- *Amendment — effective from 2002-09-26 to 09/29/2013*
- *Periodic Refile — effective from 2001-12-31 to 09/26/2002*
### **Subchapter 20** Financial Assistance
#### **250-RICR-150-20-1** Rules and Regulations for the State Revolving Fund (SRF) Program
##### **250-RICR-150-20-1 § 1.1** Purpose {#sec-250-ricr-150-20-1-1.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.1}
The purpose of these State Revolving Fund (SRF) Program regulations is to establish procedures for the issuance of Certificates of approval for water pollution abatement projects seeking financial assistance from the Clean Water State Revolving Fund.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
##### **250-RICR-150-20-1 § 1.2** Legal Authority {#sec-250-ricr-150-20-1-1.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.2}
A.The federal Clean Water Act, 33 U.S.C. § 1251 et seq. (2018), ("CWA") authorized establishment of, and funding for, a capitalization grant program to states for establishing perpetual revolving loan funds as a source of low-cost financing for water pollution abatement projects.
1.The creation of the Rhode Island Infrastructure Bank ("Bank") and the charge to work in conjunction with the Rhode Island Department of Environmental Management ("DEM") to secure the benefit of the CWA Title VI program for Rhode Island was established by Chapter 303 of the Rhode Island Public Laws of 1989. This chapter was codified as R.I. Gen. Laws Chapter 46-12.2.
2.These SRF Program regulations are adopted in accordance with Chapter 42-35 (the Administrative Procedures Act) pursuant to: the requirements of R.I. Gen. Laws Chapter 46-12.2; the Director's powers and duties under R.I. Gen. Laws Chapter 42-17.1 and 46-12.2 and R.I. Gen. Laws § 46-12-3; and the federal requirements of Title VI of the CWA.
3.These regulations are effective twenty (20) days from the date of filing with the Secretary of State.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
##### **250-RICR-150-20-1 § 1.3** Superseded Regulations {#sec-250-ricr-150-20-1-1.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.3}
These regulations supersede and entirely replace the "Rules and Regulations for the State Revolving Loan Fund (SRF) Program" dated March 1991 and amended June 1994 and September 1997.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
##### **250-RICR-150-20-1 § 1.4** Severability {#sec-250-ricr-150-20-1-1.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.4}
If any provision of these rules and regulations or the application thereof to any local government unit, person, or circumstance is held invalid by a court of competent jurisdiction, the remainder of the rules and regulations 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 these rules and regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
##### **250-RICR-150-20-1 § 1.5** Definitions {#sec-250-ricr-150-20-1-1.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.5}
A."Bank" means the Rhode Island Infrastructure Bank.
B."Approved project" means any project or portion thereof that has been issued a Certificate of Approval by the DEM for financial assistance from the Bank.
C."Categorical Exclusion (CE)" means a category of project which does not individually or cumulatively have significant effects on the environment.
D."Certificate of Approval (CA)" means the project Certificate of Approval per R.I. Gen. Laws § 46-12.2-8.
E."Chief Executive Officer (CEO)" means the mayor in any city, the president of the town council in any town and the executive director of any authority or commission, unless some other officer or body is designated to perform the functions of a chief executive officer under any bond act or under the provisions of a local charter or other law.
F."Clean Water Act (CWA)" means as defined by R.I. Gen. Laws § 46-12.2-2.
G. "Community Comprehensive Plan (CCP)" means a plan prepared pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation Act, R.I. Gen. Laws Chapter 45-22.2.
H. "Comprehensive Conservation and Management Plan (CCMP)" means a plan prepared pursuant to the requirements of Section 320 of the Clean Water Act, 33 U.S.C. § 1330 (2018).
I. "Corporation" means any corporate person, including but not limited to: corporations, societies, associations, limited liability companies, partnerships, and sole proprietorships.
J. "Cost(s)" as applied to any project, means any or all costs, whenever incurred, in accordance with R.I. Gen. Laws §§ 46-12.2-2 and 46-12.2-8.
K. "Cumulative impact" means the impact on the environment which results from the incremental impact of project(s) when added to other past, present, and reasonably foreseeable future actions or projects, regardless of which local governmental unit, corporation or person undertakes such other actions or projects.
L."DEM" means the Rhode Island Department of Environmental Management.
M. "Director" means the Director of DEM or his/her designee
N. "Effects" and "Impacts", as used in these regulations, are synonymous. Effects include ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, and health, whether direct, indirect, or cumulative. The distinctions are:
1Direct effects are caused by project(s) and occur at the same time and place.
2. Indirect effects are also caused by project(s) and may be later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include growth-inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems.
3. Cumulative effects are caused by both the direct and indirect effects of water pollution abatement projects, plus the effects of other projects which are planned in the planning area.
O. "Environment" shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with that environment (see the definition of "effects").
P. "Environmental Assessment (EA)" means a chapter, appendix, or amendment of a Wastewater Facilities Plan or other document
1. That serves to:
a. Briefly provide sufficient evidence and analysis of effects of proposed project(s) as a basis for DEM to determine whether to issue a Finding Of No Significant Impact (FONSI) or require an Environmental Impact Statement (EIS) to be prepared;
b.Document compliance with state and federal environmental review requirements when no EIS is required;
c. Facilitate preparation of an EIS when one is necessary;
2. Shall include:
a.Brief discussions of the need for the proposed project(s)
b. Brief discussions of alternatives to recommended project(s) which involve unresolved conflicts concerning alternative uses of available resources
c. Brief discussions of the environmental impacts of the proposed project(s) and alternatives and outline means to mitigate environmental impacts
d. Agencies and persons consulted during the environmental assessment, and responses to substantive comments.
Q."Environmental Impact Statement (EIS)" means a detailed written statement prepared as a supplemental chapter of a Wastewater Facilities Plan or other document if DEM determines the Environmental Assessment identifies significant impacts associated with the preferred alternative project(s). The EIS will address:
1. The environmental impact(s) of the proposed project(s)
2. Any detrimental effects on the environment which cannot be avoided should the proposed project(s) be implemented
3. Alternatives to the proposed project(s) and the environmental impacts of those alternatives
4. The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity
5. Any irreversible and irretrievable commitments of resources which would be involved in the project(s) if implemented
R. "EPA" means the U.S. Environmental Protection Agency.
S. "Finding of No Significant Impact (FONSI)" means a document prepared by DEM briefly presenting the reasons for determining why project(s) will not have a significant effect on the environment. It shall include the EA and shall note any other environmental documents related to it. The FONSI need not repeat any of the discussion in the EA, but may incorporate it by reference.
T. "Loan" means a loan as defined in R.I. Gen. Laws § 46-12.2-2.
U. "Loan agreement" means any agreement as defined in R.I. Gen. Laws § 46-12.2.2.
V. "Local governmental unit" means as defined in R.I. Gen. Laws § 46-12.2-2.
W. "Mitigation" means:
1. Avoiding an impact altogether by not implementing a certain project or parts of a project
2. Minimizing an impact by limiting the degree or magnitude of a project and its implementation
3.Rectifying an impact by repairing, rehabilitating, or restoring the affected environment.
4. Reducing or eliminating an impact over time by preservation and maintenance operations during the life of a project.
5. Compensating for an impact by replacing or providing substitute resources or environments.
X. "National Environmental Policy Act (NEPA)" means the National Environmental Policy Act of 1969, codified at 42 U.S.C. § 4321 et. seq.
Y. "Non-Point Source (NPS) Management Plan" means a plan, including appendices and/or amendments, prepared pursuant to the requirements of Section 319 of the federal Clean Water Act.
Z. "Person" means any natural person.
AA. "Priority determination system" means the system by which water pollution abatement projects are rated on the basis of environmental benefit and other criteria pursuant to rules and regulations promulgated by DEM as they may be amended from time to time.
BB."Project" or "Water pollution abatement project" means any project eligible pursuant to Title VI of the Clean Water Act, 33 U.S.C. § 1341 et seq. (2018).
CC. "Project Priority List (PPL)" means an annual ranked listing based on relative priority ratings of all water pollution abatement projects for which federal or state assistance is requested from DEM's assistance programs.
DD."Record of Decision (ROD)" means a document prepared by DEM briefly reviewing the significant effects project(s) will have on the environment. It shall include the EIS and shall note any other environmental documents related to it. Since the EIS is included, the ROD need not repeat any of the discussion in the EIS, but may incorporate it by reference. The ROD will specify mitigation measures necessary to allow a project to proceed.
EE."Significantly", as used in the DEM environmental review process, means considering both the context and intensity of impacts, whether beneficial or detrimental.
1. Context means that the significance of the impacts of a project must be analyzed in several contexts such as: the community as a whole (social, economic); the affected region; the affected interests; and the locality. Significance varies with the setting of the proposed project(s). In the case of a site-specific action, such as siting of a wastewater treatment facility, significance would usually depend upon the effects in the locale rather than in the whole planning area. Conversely, extending interceptor and collector sewers to a previously undeveloped portion of the planning area would result in effects on many elements of the environment.
2. Intensity refers to the severity of the impact. The parties responsible for facility planning must bear in mind that more than one agency may make decisions about partial aspects of a major action. The following should be considered in evaluating intensity:
a. Impacts may be both beneficial and detrimental. A significant effect may exist even if it is believed on balance that the effect will be beneficial.
b. The degree to which the proposed project(s) affect public health or safety.
c. Unique characteristics of the geographic area impacted by the project(s) such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas.
d. The degree to which the effects of the proposed project(s) on the quality of the environment are likely to be controversial.
e. The degree to which the possible effects on the environment are uncertain or involve unique or unknown risks.
f. The degree to which a project may establish a precedent for future projects with similar effects or represents a decision in principle about a future consideration.
g. Whether the project(s) is related to other projects with individually minor but cumulatively major impacts. Significance exists if it is reasonable to anticipate a cumulatively major impact on the environment. Significance cannot be avoided by terming a project temporary or by breaking it down into small component parts.
h. The degree to which the project may detrimentally affect districts, sites, highways, structures or objects listed in or eligible for listing in the National Register of Historic Places, or may cause loss or destruction of significant scientific, cultural, or historic resources.
I. The degree to which the project may detrimentally affect an endangered or threatened species or its habitat that has been determined to be critical under the federal Endangered Species Act of 1973.
j. Whether a project threatens a violation of federal, state or local law or requirements imposed for the protection of the environment.
FF. "State Guide Plan" shall mean goals, policies, or plan elements for the physical, economic, and social development of the state, adopted by the State Planning Council in accordance with R.I. Gen. Laws § 42-11-10.
GG. "Title VI" means Title VI of the federal Clean Water Act, 33 U.S.C. § 1383 (2018).
HH."Wastewater" means all flows in sanitary or combined sewers and all septage.
II."Wastewater Facilities Plan (WWFP)" means a plan prepared pursuant to the requirements of Section 201 of the federal Clean Water Act, 33 U.S.C. § 1281 (2018), which is a detailed 20-year wastewater treatment, conveyance, and disposal plan, including an assessment of the environmental impacts of the plan, prepared to meet the statutory and regulatory requirements of the DEM for systems to prevent pollution and the consistency requirements of the Comprehensive Planning and Land Use Regulation Act (R.I. Gen. Laws Chapter 45-22.2).
JJ."Wastewater Treatment Facility (WWTF)" means any equipment, devices, and systems for preventing, abating, reducing, storing, conveying, treating, separating, recycling, reclaiming, or disposing of septage and flows from sanitary or combined sewers.
KK."Waters of the state" shall include all surface waters including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond or lake, and all ground waters and wetlands of the state of Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
##### **250-RICR-150-20-1 § 1.6** Eligibility {#sec-250-ricr-150-20-1-1.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.6}
A.All water pollution abatement projects proposed by local governmental units, corporations and persons, to the extent permitted by Title VI of the Clean Water Act, which are consistent with the state's goals, policies, and objectives as expressed in the State Guide Plan and are consistent with a plan approved under either Section 201, 319, or 320 of the federal Clean Water Act, 33 U.S.C. §§ 1281, 1329, and 1330 (2018), are eligible for assistance from the SRF Program. Assistance will be offered and awarded to projects based on ranking of the environmental benefits of the project, readiness to proceed and availability of funds.
B.Additional eligibility restrictions may apply to certain types of projects funded in whole or in part from funds awarded through Title VI of the Clean Water Act.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
##### **250-RICR-150-20-1 § 1.7** Environmental Review {#sec-250-ricr-150-20-1-1.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.7}
A.All Section 212 (13 U.S.C. § 1292 (2018)) projects funded by the SRF Program must have the environmental impacts of project alternatives analyzed and evaluated as part of facilities planning or reaffirmation of the environmental review of an existing Wastewater Facilities Plan (WWFP). All Section 212 projects will include an Environmental Assessment and, if significant impacts on the environment are identified at any point in the planning process, an Environmental Impact Statement must be prepared. DEM will prepare any FONSI or ROD that is required. DEM shall review and approve all properly documented requests for Categorical Exclusions. DEM can only issue Certificates of Approval for Section 212 design and construction projects identified in a DEM-approved Wastewater Facilities Plan and its associated environmental review. The State Environmental Review Process (SERP) for Section 212 projects is conducted pursuant to § 1.12 of this Part.
1. The environmental review requirements for most Section 319 and Section 320 (33 U.S.C. §§ 1329, and 1330 (2018)) projects will be satisfied when they are consistent with either the NPS Plan or the CCMP. Certain Section 319 and 320 projects with Section 212 attributes may be subject to additional environmental review requirements.
2. At the request of another state agency, or quasi-state agency, the SERP may be used by the Director to assess the environmental impacts of activities funded through programs other than the SRF program.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
##### **250-RICR-150-20-1 § 1.8** Certificate of Approval Process {#sec-250-ricr-150-20-1-1.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.8}
A Certificate of Approval for a project must be issued by DEM as the basis for receiving an SRF loan from the Bank. Applications for a Certificate of Approval will be submitted to the DEM, Office of Water Resources.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
##### **250-RICR-150-20-1 § 1.9** Loan Program {#sec-250-ricr-150-20-1-1.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.9}
All loan requirements are contained in the Bank's "Clean Water State Revolving Fund Loan Policies and Procedures".
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
##### **250-RICR-150-20-1 § 1.10** Project Administration and Audit {#sec-250-ricr-150-20-1-1.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.10}
Any SRF loan project is subject to periodic site visits for reviews and inspections of the project progress, records, and accounts by either or both DEM and the Bank. All SRF project accounts must be reviewed as a major federal program under the federal Single Audit Act standards, 31 U.S.C. § 7501 et seq., during any audit. All project management and fiscal records must be maintained by the borrower for a period of five years following project completion or final financial settlement, whichever is greater.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
##### **250-RICR-150-20-1 § 1.11** Penalties {#sec-250-ricr-150-20-1-1.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.11}
In cases of non-compliance with conditions of a Certificate of Approval, a warning letter will be sent. Failure to correct or willful non-compliance with Certificate of Approval conditions will result in the issuing of a Notice of Violation by the DEM under the procedure detailed in R.I. Gen. Laws § 42-17.1-2(u). In addition to the Director's authority to assess administrative penalties for non-compliance under the authority of R.I. Gen. Laws Chapter 42-17.6, non-compliance with loan award conditions will be a condition of default of the SRF loan, and the local governmental unit or person may be assessed additional penalties by the Rhode Island Infrastructure Bank (Bank).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
##### **250-RICR-150-20-1 § 1.12** State Environmental Review Process {#sec-250-ricr-150-20-1-1.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-1#1.12}
A.General Process and Background
1.This State Environmental Review Process (SERP) addresses compliance with the National Environmental Policy Act [NEPA], a requirement of the Clean Water Act [CWA] for all projects funded with the federal portion of the Rhode Island SRF Program. Further, environmental review for natural resources inventories and consistency with the State Guide Plan (SGP) is required for all projects funded by the state portion of the SRF Program. The Rhode Island Comprehensive Planning and Land Use Regulation Act [R.I. Gen. Laws Chapter 45-22.2] requires not only coordination and consistency between state and local planning programs in the development of the Community Comprehensive Plan (CCP), but also consideration of environmental conditions during planning similar in many respects to NEPA.
2.To be eligible for funding by the SRF, projects must be identified in or consistent with the goals, policies, and objectives of the State of Rhode Island as expressed in the SGP and adopted elements thereof. All projects funded by the SRF must also be consistent with or identified in plans approved pursuant to the requirements of Sections 201, 319, or 320 of the federal Clean Water Act. Section 201 requires a Wastewater Facilities Plan (WWFP), a plan which assesses wastewater conveyance, treatment, and disposal needs for a twenty year planning period. The projects identified for implementation in the approved plan are called Section 212 projects. The Section 319 plan is "Rhode Island's Nonpoint Source (NPS) Management Plan", a plan which identifies projects to mitigate adverse water quality impacts from sources of pollution other than point sources. The Section 320 plan is the "Comprehensive Conservation and Management Plan (CCMP) for Narragansett Bay", a plan which identifies projects, objectives, and strategies for mitigation of pollutant loadings to the Narragansett Bay watershed. This plan has also been adopted as State Guide Plan Element 715.
3.All WWFPs or WWFP Updates funded by the SRF Program must meet the full federal environmental review requirements. This is necessary because the SRF Program contains both federal and state funds; to insure compliance with environmental consideration and planning consistency requirements under state law; to insure that design and construction projects are eligible for SRF Program loans; and to provide sufficient planning data to properly and efficiently manage the SRF Program for maximum benefit to the state. The environmental review requirements for most Section 319 and Section 320 projects are satisfied when they are identified in or consistent with either the NPS Plan or the CCMP, respectively. Certain Section 319 and 320 projects with Section 212 attributes may be subject to additional environmental review requirements.
4.All WWFPs or WWFP Updates funded by the SRF Program must contain at least an Environmental Assessment (EA). The EA will analyze and evaluate the impacts on the environment of all alternatives considered to address the existing and forecasted needs identified through the WWFP process. All planning assumptions and forecasts used in the WWFP must be consistent with those used to develop the CCP of the local governmental unit. If significant impacts are identified with the selected alternative, further analysis and evaluation will be required in an Environmental Impact Statement (EIS). Mitigation measures for impacts from the Section 212 project contracts identified in the WWFP will be contained in any Categorical Exclusion (CE), Finding Of No Significant Impact (FONSI), or Record Of Decision (ROD) issued by DEM. Mitigation measures will also be conditions in the Certificates of Approval for design or construction loans, as appropriate. Monitoring compliance or progress toward complying with mitigation measures will be part of the DEM SRF project inspections.
5.To fund Section 212 projects that are identified in a WWFP for which the environmental determination (CE, FONSI, or ROD) is greater than five years old, the information and the environmental review findings of the WWFP must be reaffirmed for the projects to be eligible for SRF Program funding. The reaffirmation process requires examination of the current need for, cost of, and environmental impact of already studied projects. If there are no significant changes from the prior WWFP or environmental review, DEM may then approve the reaffirmation request.
6.In general, Categorical Exclusions for projects should be identified through the wastewater facilities planning process (i.e. WWFPs or WWFP Update). The need for a project, however, prior to being identified in an approved WWFP must be demonstrated and must have no significant environmental impacts. Requests for a CE for projects may be made directly to DEM for approval prior to applying for an SRF loan. DEM will not approve any CE requests that result in an increase in average daily design flow or a change in treatment method.
B.Local Governmental Unit Responsibility
1.The local governmental unit is responsible for providing the environmental review information as part of the WWFP required by the SRF program.
2.The local governmental units must prepare an Environmental Assessment (EA) as part of the WWFP. Comments by all agencies with statutory and/or regulatory authority within the planning area (e.g. Statewide Planning, Coastal Resources Management Council, DEM Wetlands, DEM Groundwater, RI Historical Preservation Commission, U.S. Fish & Wildlife, etc.) must be requested by the local governmental unit as part of the EA process. If the EA does not identify significant impacts from the project(s) identified in the WWFP, DEM will issue a FONSI. If, as a result of the EA, significant impacts are identified, the local governmental unit must prepare an Environmental Impact Statement (EIS). DEM will issue a Record of Decision (ROD) identifying mitigation measures necessary for the project to proceed.
3.DEM will independently review and evaluate the environmental information provided as part of the WWFP, and issue a CE, FONSI or ROD. Mitigation measures and comments by other agencies must be incorporated in the WWFP and will be reflected in any final determination rendered by the Department.
4.As part of the Certificate of Approval application process for a Wastewater Facilities Planning loan, DEM will be reviewing the scope of work for consultant services. DEM will require a draft of the WWFP and EA to be submitted for review and comment prior to a public hearing for the document.
C.Public Notice and Participation
1.The local governmental unit must hold at least one public meeting/workshop during the preparation of the WWFP, preferably once the alternatives have been developed and the environmental impacts analyzed. This meeting will explain the Plan of Study and solicit public opinions and concerns. If the impacts identified with the preferred alternative in the EA are significant, the local governmental unit must issue a public notice stating that an EIS is being initiated and that a scoping meeting will be held. When the preferred alternative is identified, the community must hold a public hearing on the draft WWFP and draft EA/EIS. The Final WWFP and EA/EIS submitted to DEM for review and approval must include responses to all substantive public comments.
D.Consistency Requirements
1.For compliance with state law, information used in the WWFP is required to be consistent with the local CCP. The CCP will provide the basic assumptions and data to be used for forecasting: land use and other development and social parameters; cumulative impacts from all projects planned within the project area; natural, cultural, and historical resources inventories; population; zoning; and infrastructure and public services needs. To be approved by DEM, all WWFPs must be consistent with the local CCP. For DEM SRF Program funding assistance, all Section 212 projects must be identified in a DEM-approved WWFP or meet the requirements for a Categorical Exclusion.
E.Legal Procedures
1.Following the DEM decision to issue a CE, FONSI, ROD, or reaffirmation of a previous decision, DEM will invite public comments for thirty (30) days, or as required by R.I. Gen. Laws § 42-35-2.8, by publishing a notice of the determination made in a paper of statewide circulation and sending notification of such determination to all persons and associations who have advised the DEM that they wish to be noticed. During the public comment period, any interested party may submit written comments and may request a public hearing. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. Public hearings will be held in accordance with the provisions of the R.I. Administrative Procedures Act [R.I. Gen. Laws § 42-35-2.8]. Following public notice or public hearing, the final determination will be made by the Director.
2.At the time any final determination is made by the Director, DEM shall issue a response to comments. The response shall briefly describe and respond to all substantive comments raised during the public comment period or during the public hearing. The response to comments shall be made available to the public. Any person aggrieved by a final DEM decision may pursue any legal remedies it may be entitled to under the R.I. Administrative Procedures Act [R.I. Gen. Laws Chapter 42-35].
3.In cases of non-compliance with conditions of a Certificate of Approval, a warning letter will be sent. Failure to resolve the non-compliance through a warning letter will result in the issuing of a Notice of Violation by the DEM under the procedures detailed in R.I. Gen. Laws § 42-17.1-2(u). In addition to the Director's authority to assess administrative penalties for non-compliance under the authority of R.I. Gen. Laws Chapter 42-17.6, non-compliance with loan award conditions will be a condition of default of the SRF loan, and the local governmental unit may be assessed additional penalties by the Rhode Island Infrastructure Bank.
F.State Agency Authority
1.The Department of Environmental Management is the designated agency responsible for environmental review of water pollution abatement projects under state law.
2.The Director of the Department of Environmental Management has broad authority to: "supervise and control the protection, development, planning, and utilization of the natural resources of the state, such resources including (but not limited to) water..." R.I. Gen. Laws § 42-17.1-2(1); "to establish minimum standards for the establishment and maintenance of salutary environmental conditions" (R.I. Gen. Laws § 42-17.1-2(14)); and "to develop comprehensive programs for the prevention, control, and abatement of new or existing pollution of the waters of the state" (R.I. Gen. Laws § 46-12-3(b)). The Director is also specifically authorized (R.I. Gen. Laws §§ 42-17.1-2(19), 46-12-3(r), 46-12.2-8(d)) to issue, amend, revoke, and enforce reasonable rules and regulations necessary to carry out duties assigned by any provision of law, along with the power to assess administrative penalties in accordance with R.I. Gen. Laws Chapter 42-17.6 for failure to comply with R.I. Gen. Laws § 42-17.1-2(22).
3.In addition to the broad general powers above, the Director is specifically authorized: "to establish minimum standards...relating to the location, design, construction, and maintenance of all sewage disposal systems" (R.I. Gen. Laws § 42-17.1-(2)(12)); " to establish minimum standards for permissible types of septage" (R.I. Gen. Laws § 42-17.1-2(15)); "to establish minimum standards…for...the design, construction, operation, and maintenance of disposal facilities; and the location of various types of facilities" (R.I. Gen. Laws § 42-17.1-2(16)); "To approve…the construction, modification, and operation of discharge systems or any parts thereof and to require the prior submission of plans, specifications, and other data relative to discharge systems and to require that such plans, specifications, and other data be certified by a professional engineer registered in Rhode Island and to inspect such systems either under construction or in operation" (R.I. Gen. Laws § 46-12-3(j)); "to approve the operation of treatment facilities" (R.I. Gen. Laws § 46-12-3(t)); to "enforce...the standards...for the quality of...water, and the design, construction and operation of all sewage disposal systems" (R.I. Gen. Laws § 42-17.1-2(13)).
4.State law also addresses protection of the environment as part of the comprehensive planning process. All municipalities of the state are currently in the process of developing or amending their CCP to meet the requirements of the Comprehensive Planning and Land Use Regulation Act (R.I. Gen. Laws Chapter 45-22.2). This act states: "Comprehensive planning must provide for protection, development, use and management of our land and natural resources" (R.I. Gen. Laws § 45-22.2-3(A)(3)); (A goal is), "To promote the protection of the natural...resources of each municipality and the state" (R.I. Gen. Laws § 45-22.2-3(C)(4)); "Rhode Island's cities and towns...shall: Plan for future land use which...protects our natural resources" (R.I. Gen. Laws § 45-22.2-5(A)(1)); [The natural and cultural resources element] "Shall provide an inventory of the significant natural resource areas such as water, soils, prime agricultural lands, natural vegetation systems, wildlife, wetlands, aquifers, coastal features, flood plains, and other natural resources and the policies for the protection and management of such areas" (R.I. Gen. Laws § 45-22.2-6(E)). The R.I. Department of Administration's Division of Planning is responsible for the comprehensive planning process.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2018-05-17 to 01/04/2022*
- *Periodic Refile — effective from 2001-12-31 to 05/17/2018*
#### **250-RICR-150-20-2** Rules and Regulations for the Priority Determination System for Federal and State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects
##### **250-RICR-150-20-2 § 2.1** Purpose {#sec-250-ricr-150-20-2-2.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.1}
A.The Priority Determination System is designed to achieve optimum water quality management results from the Rhode Island Department of Environmental Management's (DEM) water pollution abatement project construction assistance programs, consistent with the powers and duties of the Department denoted in Chapters 42-17.1, 46-12, and 46-12.2 of the Rhode Island General Laws as amended, and the Federal Water Pollution Control Act [33 U.S.C. Sec. 1251 et seq., as amended], commonly called the Clean Water Act.
B.The Priority Determination System describes procedures for annually determining the priority rating and ranking of all categories of identified water pollution abatement projects proposed by local governmental units and persons, which may receive federal and/or state funding assistance from the State Revolving Fund (SRF) and the Interceptor Bond Fund (IBF) account of the Rhode Island Clean Water Act Environmental Trust Fund.
C.Eligibilities and actual assistance awards are determined by the criteria and methodology contained in the rules and regulations for each specific assistance program.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
##### **250-RICR-150-20-2 § 2.2** Authority {#sec-250-ricr-150-20-2-2.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.2}
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws §§ 42-17.1-1 et seq., 46-12-1 et seq., and 46-12.2-1 et seq.; and in accordance with R.I. Gen. Laws §42-35-1 et seq.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
##### **250-RICR-150-20-2 § 2.3** Application {#sec-250-ricr-150-20-2-2.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.3}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
##### **250-RICR-150-20-2 § 2.4** Definitions {#sec-250-ricr-150-20-2-2.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.4}
A.For the purposes of these Regulations, the following terms shall have the following meanings:
1."Bank" or "RIIB" means the Rhode Island Infrastructure Bank established by R.I. Gen. Laws § 46-12.2-1 et seq.
2."Areawide Waste Treatment Management Plan" or "208 Plan" means the plan prepared by the State pursuant to Section 208 of the Clean Water Act.
3."Chief Executive Officer" means the mayor in any city, the president of the town council in any town, or the executive director of any authority or commission unless some other officer or body is designated to perform the functions of a chief executive officer under the provisions of a local charter or other law.
4."Clean Water Act" or "CWA" means the Federal Water Pollution Control Act, codified at 33 U.S.C Sec. 1251 et seq., as amended.
5."Community Comprehensive Plan” or "CCP" means a plan prepared pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation Act, R.I. Gen. Laws § 45-22.2-1 et seq.
6."Comprehensive Conservation and Management Plan" or "CCMP" means a plan prepared pursuant to the requirements of Section 320 of the Clean Water Act.
7."Construction" means any one or more of the following: Preliminary planning to determine the feasibility of treatment works, engineering, scientific, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other necessary actions, erection, building, acquisition, alteration, rehabilitation, improvement, or extension of treatment works, or the administration, inspection, or supervision of any of the foregoing items.
8."Combined Sewer" means a sewer which serves as a sanitary sewer and a storm sewer.
9."Combined Sewer Overflow" or "(CSO)" means flow from a combined sewer in excess of the interceptor or regulator capacity that is discharged into a receiving water without going to a WWTF. A CSO occurs prior to reaching a WWTF and is distinguished from bypasses which are intentional diversions of waste streams from any portion of a WWTF.
10."Costs" means any or all costs relating to the planning, designing, acquiring, constructing and carrying out and placing in operation a water pollution abatement project including, but not limited to, the following: planning, design, acquisition, construction, expansion, improvement and rehabilitation of facilities; acquisition of real or personal property; demolitions and relocations; labor, materials, machinery and equipment; services of architects, engineers, scientists, environmental and financial experts and other consultants; feasibility studies; rate/cost recovery/user charge studies; borings, survey, and other preliminary engineering costs; plans and specifications; administrative costs; legal costs; all costs related to project financing; and any and all other expenses necessary or incidental to the financing and construction of a water pollution abatement project.
11."Department" or "DEM" means the Department of Environmental Management of the State of Rhode Island.
12."Director" means the Director of the Rhode Island Department of Environmental Management or his/her designee.
13."Fiscal Year" means the State of Rhode Island fiscal year: 1 July to 30 June.
14."Growth Center" means a designated area, consistent with the state-approved local Community Comprehensive Plan, where compact, mixed-use development is accommodated without depleting a community's natural, historic and cultural resources.
15."Infiltration/Inflow" or "(I/I)" means the total flow from both infiltration and inflow without distinguishing the source.
16."Landfill" means any site where the disposal of wastes and/or sludge occurs or has occurred by placing them in or on the land, compacting, and covering with a layer of soil.
17."Local Governmental Unit" means any city, town, district, commission, agency, authority, board or other political subdivision or instrumentality of the state or of any political subdivision thereof responsible for the ownership or operation of a water pollution abatement project(s), including the Narragansett Bay Water Quality Management District Commission.
18.“Materials" means product(s) employed in or by-products generated by industrial, commercial, and/or agricultural processes.
19."Materials Storage Area" means any pile, impoundment, compound, facility or other area where materials are contained, held or otherwise stored in such a manner which causes, contributes to, or contaminates runoff.
20."Nonpoint Source Management Plan" or "NPS" means a plan prepared pursuant to the requirements of Section 319 of the Clean Water Act.
21."Onsite Wastewater Treatment System" or "(OWTS)" means any system of piping, tanks, disposal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat and/or dispose of sanitary sewage by means other than discharge into a public sewage collection system.
22."Person" means an individual, trust, firm, joint-stock company, corporation (including a quasi-governmental corporation), partnership, association, syndicate, fire district, club, non-profit agency commission, or of any interstate body and any agent or employee thereof.
23."Pollution" means the man-made or man-induced alteration of the chemical, physical, biological, thermal, and radiological integrity of water.
24."Project" or "Water Pollution Abatement Project" means any project that contributes to the prevention, removal, curtailment, or mitigation of pollution of the surface waters or groundwater of the state, or the restoration of the quality of said waters, and conforms with any applicable planning document which has been approved and/or adopted. This definition shall be construed to include the planning, design, construction or any other distinct stage or phase of a project, as well as efforts to educate or raise the awareness of the general public towards pollution or a project.
25."Project Priority List" or "PPL" means an annual ranked listing based on relative priority ratings of all water pollution abatement projects in all categories for which federal or state assistance is requested from DEM's assistance programs.
26."Raw Sewage Discharge" means any discharge to a receiving water of untreated sanitary sewage.
27."Runoff" means water that drains from an area as surface flow.
28."Sanitary Sewer" means a sewer which conveys wastewater from residences, commercial buildings, industrial plants, and institutions.
29."State Guide Plan" or "SGP" means goals, policies, or plan elements for the physical, economic, and social development of the state, adopted by the State Planning Council in accordance with R.I. Gen. Laws § 42-11-10.
30."Storm Sewer" means a sewer intended to convey only storm waters, surface runoff, street wash waters, and drainage.
31."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.
32."Underground Storage Tank" means any one or a combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of petroleum product or hazardous materials, and the volume of which (including the volume of the underground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground.
33."Wastewater Facilities Plan" or "WWFP" means a plan prepared pursuant to the requirements of Section 201 of the federal Clean Water Act which is a detailed 20-year wastewater treatment, conveyance, and disposal plan, including an assessment of the environmental impacts of the plan, and which also contains information to meet the statutory and regulatory requirements of the DEM for systems to prevent pollution and the consistency requirements of the Comprehensive Planning and Land Use Regulation Act (R.I. Gen. Laws § 45-22.2).
34."Wastewater Treatment Facility (WWTF)" means any equipment, devices, and systems for preventing, abating, reducing, storing, conveying, treating, separating, recycling, reclaiming, or disposing of sanitary or combined sewage.
35."Watershed Action Plan" means a document that identifies watershed goals and management objectives along with specific action items that are needed. The plan is developed in consultation with all key stakeholders within the watershed including, but not limited to, federal, state and local governmental agencies, non-governmental organizations and the private sector.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
##### **250-RICR-150-20-2 § 2.5** Project Priority List {#sec-250-ricr-150-20-2-2.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.5}
A.A project cannot receive funding from any DEM assistance program which utilizes the Priority Determination System unless it is on the approved Project Priority List. The DEM, Office of Water Resources must receive a letter of intent or equivalent document requesting that the proposed project be placed upon the Project Priority List. To be rated and ranked under the project priority system, the letter of intent for a requested project must include:
1.Documentation that the requested project is, at a minimum, not inconsistent with: the State Guide Plan; a Community Comprehensive Plan; the Non-Point Source Management Plan; the Areawide Waste Treatment Management Plan or Plans; the Comprehensive Conservation and Management Plan; an approved Wastewater Facilities Plan. EXCEPTION: this requirement does not necessarily apply to request for assistance for planning or scientific investigations/studies.
2.A total cost estimate of all costs relating to the project.
3.A project description and schedule.
B.The Director shall annually prepare and publish a ranked priority list of all water pollution abatement projects for which assistance has been properly requested.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
##### **250-RICR-150-20-2 § 2.6** Project Rating {#sec-250-ricr-150-20-2-2.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.6}
A.The Director shall rate each project according to the project rating criteria in Appendix I of these Regulations. In order to rate a project, the Director must determine that the project will contribute to achieving the State water quality policy goals and objectives. The numerical scores in Appendix I are based on the following:
1.The existing conditions that cause the pollution.
2.The benefits of the proposed project, including improvements in overall efficiency and service.
3.Improvements to water quality.
4.Intergovernmental needs, requirements, or mandates identified in: the State Guide Plan; a Community Comprehensive Plan; the Non-Point Source Management Plan; the Areawide Waste Treatment Management Plan; the Comprehensive Conservation and Management Plan; a Special Area Management Plan; an approved Total Maximum Daily Load or Watershed Action Plan, or an approved Wastewater Facilities Plan.
5.The degree to which a project is ready to proceed.
B.For every project, the Director shall assign points to each project rating criterion based upon the most current information available to the Department, including information received prior to or during the public notice period required under § 2.8 of this Part.
C.Point values have been assigned to subcategories based on needs and priorities identified in but not limited to: the State Guide Plan; a Community Comprehensive Plan; the Nonpoint Source Management Plan; the Areawide Waste Treatment Management Plan; the Comprehensive Conservation and Management Plan; DEM Water Quality Regulations; RIDEM Rules and Regulations for Groundwater Quality; and an approved Wastewater Facilities Plan.
D.The Director shall annually evaluate the rating of each project and make such changes as deemed necessary.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
##### **250-RICR-150-20-2 § 2.7** Project Ranking {#sec-250-ricr-150-20-2-2.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.7}
Projects will be ranked based upon points accumulated pursuant to § 2.6 of this Part. The Director shall not place projects on the PPL and shall remove projects from the PPL when it is determined that the projects will not contribute to achieving applicable state water quality goals, policies, standards, or objectives.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
##### **250-RICR-150-20-2 § 2.8** Review and Adoption of Priority List {#sec-250-ricr-150-20-2-2.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.8}
A.The Director shall make available for written comments the proposed PPL prior to its adoption.
B.Public notice of the availability of the proposed PPL shall be published in a newspaper of the State with statewide circulation, or on the Department’s website, for up to thirty (30) calendar days, or as required by R.I. Gen. Laws § 42-35, to afford all interested persons reasonable opportunity to submit data, views, or arguments concerning the proposed PPL. The public notice shall indicate the location where copies of the draft PPL may be obtained and/or reviewed by interested parties.
C.The Director shall accept written comments on the draft PPL. The Director shall consider fully all written submissions respecting the proposed PPL, and make any changes deemed necessary to serve the purposes of these Regulations.
D.The Director will adopt a final PPL. Upon adoption of the final PPL, if requested to do so by an interested person, the Director will issue a concise statement of the principal reasons for and against its adoption, incorporating therein the reasons for overruling the considerations urged against its adoption.
E.The Director shall permanently retain a copy of the PPL development record which shall include a copy of the final PPL, copies of all comments, and any statement by the Director regarding the comments on or adoption of the final PPL.
F.The Director shall include such information in the PPL for each project as required by the EPA pursuant to the Clean Water Act and guidance issued pursuant thereto.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
##### **250-RICR-150-20-2 § 2.9** Project Priority List Revision {#sec-250-ricr-150-20-2-2.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.9}
A.The Director shall review the PPL for changes in estimated project schedules, project costs and/or scope, annually. The Director may propose modification of the PPL at any time according to these procedures:
1.Addition to the list: projects can only be added to the PPL after a public notice period as described in Rule 2.8 (250-RICR-150-20-2).
2.Removal from the list:
a.The Director may remove a project completely from the Project Priority List if is determined: that it is fully funded by other assistance programs; that it is not consistent with an approved WWFP or applicable comprehensive management plan; or that significant deficiencies exist in the project scope of work or costs analysis.
b.The Director shall notify by certified mail the person or local governmental unit whose project will be removed and the basis for the removal. The person or local governmental unit shall have ten (10) calendar days from receipt of the letter to submit evidence to the DEM showing that its project should not be removed.
c.The Director shall review his/her decision based on the information submitted by the person or local governmental unit and shall revise his/her decision if deemed necessary.
d.A person or local governmental unit whose project is removed after such review by the Director may request that the Director reverse his/her decision to remove the project only if substantial rights of the applicant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are without factual basis or are an unfair interpretation of the Rules and Regulations.
3.Revisions of a Clerical Nature: Revisions of a clerical nature require neither a public hearing nor documentation.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
##### **250-RICR-150-20-2 § 2.10** Severability {#sec-250-ricr-150-20-2-2.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.10}
If any provision of these Rules and Regulations, or the application thereof to any local governmental unit 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
##### **250-RICR-150-20-2 § 2.11** Superseded Rules and Regulations {#sec-250-ricr-150-20-2-2.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.11}
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of the Priority Determination System 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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
##### **250-RICR-150-20-2 § 2.12 Appendix I - Project Rating Criteria** 2.12 Appendix I - Project Rating Criteria {#sec-250-ricr-150-20-2-2.12-appendix-i---project-rating-criteria omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-2#2.12 Appendix I - Project Rating Criteria}
APPLICANT:
Point
Values
Actual
Rating
Item
#
PROJECT:
I.
EXISTING CONDITIONS CRITERIA †
A.
Direct Raw Sewage Discharge/Sanitary Sewer Overflow
7
A
B-1
Failing OWTS. - Documented Water Quality Degradation
7
B-1
B-2
Failing OWTS – Other
3
B-2
C-1
Untreated/uncontrolled runoff - Documented Water Qual. Degrad. (Pathogen impacts)
5
C-1
C-2
Untreated/uncontrolled runoff - Documented Water Qual. Degrad. (Non-path. impacts)
3
C-2
C-3
Untreated/uncontrolled runoff – Other
2
C-3
D-1
Wastewater Treatment Facility
3
D-1
D-2
Collection System/Pump Station
1
D-2
E.
Combined Sewer Overflows
10
E
F.
Landfill - Closure imminent or closed
3
F
G-1
Underground Storage Tank – Leaking
3
G-1
G-2
Underground Storage Tank - Potential to leak (single wall construction)
2
G-2
H.
Materials Storage Area
3
H
I-1
Sub-surface Discharge - non-sanitary wastewater
2
I-1
I-2
Sub-surface Discharge - stormwater only
1
I-2
J.
Stormwater treatment/management facility
3
J
K.
Atmospheric Deposition
1
K
L.
Excessive Flows - exceeds design flow or operational capacity
3
L
M.
Streambank erosion or scouring
3
M
N.
Stream continuity/connectivity impaired
3
N
O.
Drinking water well contamination
3
O
Section I - Total Points
_____
II.
PROPOSED PROJECT BENEFITS CRITERIA † *
A.
Regional Project (i.e. project serves more than one community)
5
A
B
Treatment of Septage at Existing WWTF
3
B
C.
Operational Reliability Improvement
2
C
D.
Project helps to alleviate a Sewer Connection/Extension Ban in the area served
5
D
E.
Demonstration or Pilot Projects
2
E
F.
Project incorporates pollution prevention/waste minimization techniques
2
F
G.
Project protects or restores a critical aquatic habitat or resource
3
G
H.
Project provides technical assistance/public education
2
H
I.
Project improves permitted discharge from interim to final limits
(discharge is presently in compliance with interim limits)
3
I
J.
Project addresses/prevents water pollution within a growth center
5
J
K.
Project incorporates green infrastructure, energy conservation or other sustainable measures
5
K
L.
Project implements climate change resiliency measures
5
L
Section II - Total Points
_____
III.
WATER QUALITY IMPROVEMENT CRITERIA ‡
A.
Surface Water Restoration † [Use Integrated 305(b)/303(d) Report]
A-1
Project affects a Category 4.A or 4.B waterbody
8
A-1
A-2
Project affects a Category 5 waterbody
6
A-2
A-3
Project affects a Category 4.C waterbody
4
A-3
Subtotal III A
_____
B.
Surface Water Protection † [Use RIDEM Water Qual. Regs. & 305(b)/303(d) Report]
B-1
Project affects an SRPW drinking water supply waterbody
8
B-1
B-2
Project affects another SRPW or Category 2 waterbody
6
B-2
Subtotal III B
_____
C.
Groundwater Protection Factor [Use Rules and Regulations for Groundwater Quality] †
C-1
Project affects a Wellhead Protection Area for Community Water System Well
6
C-1
C-2
Project affects an area of GAA Groundwater
4
C-2
C-3
Project affects an area of GA Groundwater
2
C-3
C-4
Project affects an area of GB Groundwater
1
C-4
Subtotal III C
_____
Section III - Total Points
_____
IV.
INTERGOVERNMENTAL NEEDS CRITERIA ††
A.
Project is consistent with Community Comprehensive Plan/State Guide Plan
3
A
B.
Project is consistent with an approved Wastewater Facilities Plan or OWMP
3
B
C.
Project is consistent with a Special Area Management (SAM) Plan
3
C
D.
Project is consistent with the Areawide Waste Management Plan (208 Plan)
1
D
E.
Project is consistent with the Nonpoint Source Management Plan (319 Plan)
3
E
F.
Project is consistent with the Comp. Conservation and Management Plan (CCMP)
3
F
G.
Project is consistent with TMDL or Watershed Action Plan
3
G
H.
Project is consistent with the local Stormwater Management Plan
3
H
I.
Project is consistent with the Implications for Climate Change for RI Wastewater Collection and Treatment Infrastructure
3
I
J.
Population Served by the Project †
J.
J-1
1 – 14,999
1
J-1
J-2
15,000 – 49,999
2
J-2
J-3
50,000
3
J-3
Section IV – Total Points
_____
V.
READINESS TO PROCEED CRITERIA
A.
Planning †
A-1
Remedial Action Work Plan has been approved
2
A-1
A-2
Wastewater Facilities Plan or OWMP approved or reaffirmed
2
A-2
A-3
Environmental Assessment or Categorical Exclusion Approved
2
A-3
A-4
Lake Management Plan Approved
2
A-4
Subtotal V A
_____
B.
Design
B-1
Plans and Specifications approved
2
B-1
Subtotal V B
_____
C.
Financial/Other ††
C-1
Local bonding authority approved, system revenues pledged or other local funds committed
2
C-1
C-2
Pre-application for SRF Funding complete (i.e. qualified for loan by RIIB)
2
C-2
C-3
Grant funding has been secured
2
C-3
C-4
Local ordinance/zoning passed in support of the project
2
C-4
Subtotal V C
_____
Section V - Total Points
_____
† - Select one criterion, at most, for each category. For example, choose A-1, A-2 or neither as applicable.
† † - Select each and every criterion which applies.
* - Points are awarded for projects at the project site if the criterion is included in the proposed project.
‡ - For water bodies that are included on the surface water reclamation and protection lists, the highest total point rating under either of those lists must be used, but not both.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Amendment — effective from 2017-10-24 to 01/04/2022*
- *Amendment — effective from 2009-09-02 to 10/24/2017*
- *Amendment — effective from 2003-08-27 to 09/02/2009*
- *Periodic Refile — effective from 2001-12-31 to 08/27/2003*
#### **250-RICR-150-20-4** Rules and Regulations for the Grant Program for the Interceptor Bond Fund of the Rhode Island Clean Water Act Environmental Trust Fund
##### **250-RICR-150-20-4 § 4.1** Purpose {#sec-250-ricr-150-20-4-4.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-4#4.1}
The purpose of these regulations is to implement the finding in R.I. Gen. Laws § 46-12-24.2(a)(4) the Rhode Island Clean Water Act Environmental Trust Fund. The purpose of this section is to provide Grants and Revolving Loans to Governmental Entities in Rhode Island for Interceptors to extend to areas which should no longer be served solely by septic systems. This program will be administered by the Division of Water Resources of the Department of Environmental Management.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-04-24 to 01/04/2022*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Periodic Refile — effective from 2001-12-31 to 04/24/2002*
##### **250-RICR-150-20-4 § 4.2** Authority {#sec-250-ricr-150-20-4-4.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-4#4.2}
These regulations are adopted pursuant to R.I. Gen. Laws § 46-12-24.2 and R.I. Gen. Laws Chapter 42-17.1. These regulations are being promulgated in accordance with R.I. Gen. Laws Chapter 42-35.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-04-24 to 01/04/2022*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Periodic Refile — effective from 2001-12-31 to 04/24/2002*
##### **250-RICR-150-20-4 § 4.3** Severability {#sec-250-ricr-150-20-4-4.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-4#4.3}
If any of these regulations or the applications thereof to any local governmental unit or circumstances is held invalid by a court of competent jurisdiction, the remainder of the regulations shall not be affected thereby. The invalidity of any section or sections shall not affect the validity of the remainder of these regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-04-24 to 01/04/2022*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Periodic Refile — effective from 2001-12-31 to 04/24/2002*
##### **250-RICR-150-20-4 § 4.4** Applicability {#sec-250-ricr-150-20-4-4.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-4#4.4}
The funds provided under these rules and regulations are applicable to any local governmental unit as defined in § 4.5(A)(12) of this Part.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-04-24 to 01/04/2022*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Periodic Refile — effective from 2001-12-31 to 04/24/2002*
##### **250-RICR-150-20-4 § 4.5** Definitions {#sec-250-ricr-150-20-4-4.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-4#4.5}
A.Unless the context specifically indicates otherwise, the meaning of the terms used in these rules and regulations shall be as follows:
1. "Chief executive officer" means the mayor in any city or town, the president of the town council in any town, or the executive director of any authority or commission unless some other officer or body is designated to perform the functions of a chief executive officer under the provisions of a local charter or other law.
2."Collector sewer" or "lateral sewer" means a sewer that collects waste water from building service lines and carries it by gravity to interceptor sewers.
3."Construction" means any one or more of the following: engineering, architectural, surveys, designs, plans, working drawings, specifications, procedures, or other necessary actions, erection, building, or the administration, inspection, or supervision of any of the foregoing items.
4."Costs" means any or all costs relating to the designing, constructing and carrying out and placing in operation a water pollution abatement project including, but not limited to, the following: design, construction, expansion, improvement and rehabilitation of facilities; demolitions and relocations; labor, materials, machinery and equipment; services of architects, engineers, and other consultants; borings, surveys, and other preliminary engineering costs; plans and specifications; administrative costs; and any and all other expenses necessary or incidental to the construction of a water pollution abatement project.
5. "Department" or "DEM" means the Department of Environmental Management of the State of Rhode Island.
6."Director" means the Director of the Rhode Island Department of Environmental Management or any subordinate or subordinates to whom the Director has delegated the powers and duties vested in him or her by R.I. Gen. Laws Chapters 46-12 or 42-17.1.
7."Division" means the Division of Water Resources, DEM.
8. "Facilities plan" or "FP" means a plan prepared and approved by DEM pursuant to Section 201 of the Clean Water Act.
9. "Fiscal year" means the State of Rhode Island fiscal year: July 1 to June 30.
10. "Individual sewage disposal system" or "ISDS" means any system of piping, tanks, disposal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat and/or dispose of sanitary sewage by means other than discharge into a public sanitary sewer system.
11."Interceptor sewer" means gravity sewer which intercepts and conveys flows from collector (or lateral) sewers to another interceptor sewer, pump station/forcemain or directly to a waste water treatment facility (WWTF).
12. "Local governmental unit" means any city, town, district, commission, agency, authority, board or other political subdivision or instrumentality of the state or of any political subdivision.
13."Project priority list" means an annual ranked listing based on relative priority ratings of all water pollution abatement projects in all categories for which federal or state assistance is requested from DEM's assistance programs.
14. "Sanitary sewer" means a sewer which conveys wastewater from residences, commercial buildings, industrial plants, and institutions.
15."State guide plan" means goals, policies, or plan elements for the physical, economic, and social development of the state, adopted by the State Planning Council in accordance with R.I. Gen. Laws § 42-11-10.
16. "Wastewater treatment facility" or "WWTF" means any equipment, devices, and systems for preventing, abating, reducing, storing, conveying, treating, separating, recycling, reclaiming, or disposing of sanitary or combined sewage.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-04-24 to 01/04/2022*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Periodic Refile — effective from 2001-12-31 to 04/24/2002*
##### **250-RICR-150-20-4 § 4.6** Goal {#sec-250-ricr-150-20-4-4.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-4#4.6}
The goal of the fund is to provide grant funds to local governmental units to extend new interceptor sewers to areas that should no longer be served by Individual Sewage Disposal Systems (ISDS).
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-04-24 to 01/04/2022*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Periodic Refile — effective from 2001-12-31 to 04/24/2002*
##### **250-RICR-150-20-4 § 4.7** Available Funds {#sec-250-ricr-150-20-4-4.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-4#4.7}
Up to five million dollars ($5,000,000.00) is to be allocated to the Rhode Island Department of Environmental Management to be available for grants to local governmental units of Rhode Island. The State share of the Interceptor Bond Fund for an intercepted sewer project will not exceed fifty percent (50%) of the total eligible program costs. The maximum total eligible cost of a project shall be limited to one million dollars ($1,000,000.00), five hundred thousand dollars ($500,000.00), State grant and five hundred thousand dollars ($500,000.00) local match. Other State grant programs may not be used to provide the local match.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-04-24 to 01/04/2022*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Periodic Refile — effective from 2001-12-31 to 04/24/2002*
##### **250-RICR-150-20-4 § 4.8** Eligibility Requirements {#sec-250-ricr-150-20-4-4.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-4#4.8}
A. In order to be eligible, all interceptor projects must be identified within or consistent with a DEM approved Wastewater Facilities Plan (WWFP) for the local governmental unit.
B. All Interceptor projects must have Plans and Specifications approved, and an Order of Approval issued, by DEM.
C. The wastewater treatment facility (WWTF) that will receive the additional flow from the sewer extension must have adequate capacity to treat the additional flow without adverse impacts on the degree of treatment (i.e. RIPDES Permit compliance) or the water quality standards for receiving water. All existing sewers systems that will transport the flow generated by the proposed interceptor to the wastewater treatment facility must also have adequate capacity for the additional flows.
D.Eligible interceptor sewers must have a minimum diameter of ten (10) inches. Systems other than gravity sewers (such as pump stations/forcemains) may be considered eligible, where such systems are proposed as an integral part-of an interceptor system, based on good engineering judgement. The applicant must demonstrate the appropriateness of any alternative design and, in general, such a system should provide a minimum flow capacity equivalent to a ten (10) inch diameter interceptor sewer.
E.The applicant must provide documentation that they have the financial capability to provide the required local match, the funds for the ineligible costs and the funds for the operation and maintenance of the proposed system.
F.Any interceptor project must include concurrent construction and connection of the collector (or lateral) sewers to provide adequate initial flows for the new interceptor. The minimum required initial flow is fifteen percent (15%) of the average daily design year flow. In addition, the grantee shall require that all abutting property owner within the proposed service area connect into the interceptor or collector sewers within one (1) year of the availability of the sewer. The grantee may request a waiver from the above requirement for those property owners that have recently replaced their ISDS's and are not experiencing any difficulties with their systems. These requirements will be reflected as conditions to the award of the grant.
G.The project must be on the approved Project Priority List developed annually by the Rhode Island Department of Environmental Management in conformance with the Priority Determination System. The Interceptor Bond Fund List will be a subset of interceptor projects taken from the current Project Priority List which meet the eligibility requirements of these regulations.
H.The Director may remove any project from the Interceptor Bond Fund list anytime during the fiscal year, if he/she finds the project is unable to proceed within the fiscal year or does not meet the requirements of the program. The Director shall notify by certified mail the applicant whose project has been removed from the project list. The applicant shall have ten (10) days from receipt of the letter to submit evidence to the Director showing that the project should not be removed from the list. The Director shall review the removal decision based on information submitted by the applicant and make a final decision.
I.The applicant must provide detailed documentation to DEM that the proposed project area should no longer be served solely by individual sewage disposal systems, e.g.: State "208 Plan", a sanitary survey, soils maps or any federal, state or local documents showing that the proposed service area is not suitable for individual sewage disposal systems.
J.Procurement for the grant project must provide for a minimum of open and competitive bidding and be in general conformance with the State Procurement Process.
K.All contractors including A/E Services (if applicable), will be in compliance with the State of Rhode Island Minority Business Enterprise Regulations (MBE/WBE) implementing, in part, Section 1 of the Public Laws of 1986, Chapter 493 (R.I. Gen. Laws Chapter 37-14.1). This requirement must be reflected in the Plans & Specification documents for the construction project to receive an Order of Approval. Applicants and prospective bidders should contact the Department of Administration to determine specific requirements.
L.All other required State and Federal Permits must be obtained.
M.A certification by the Division of Planning of the Department of Administration that the proposed project is consistent with the State Guide Plan and a City or Town Comprehensive Plan if approved, as required by R.I. Gen. Laws Chapter 45-22.2.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-04-24 to 01/04/2022*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Periodic Refile — effective from 2001-12-31 to 04/24/2002*
##### **250-RICR-150-20-4 § 4.9** Payments {#sec-250-ricr-150-20-4-4.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-4#4.9}
Payments under this grant are on a reimbursement basis. The local governmental unit must provide invoice-level source documents to prove incurred costs. DEM will review and certify payment for fifty percent (50%) of the eligible approved costs.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-04-24 to 01/04/2022*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Periodic Refile — effective from 2001-12-31 to 04/24/2002*
##### **250-RICR-150-20-4 § 4.10** Non-Compliance {#sec-250-ricr-150-20-4-4.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-4#4.10}
A.Failure to comply with the all terms and conditions of the grant agreement may result in any of the following sanctions:
1. Withholding of payments;
2. Suspension or termination of the grant for cause;
3. Annulment of the grant;
4. Other appropriate administrative proceedings;
5. Institution of judicial proceedings, and/or
6. Repayment by the Community of the grant funds received.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-04-24 to 01/04/2022*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Periodic Refile — effective from 2001-12-31 to 04/24/2002*
##### **250-RICR-150-20-4 § 4.11** Termination of the Fund {#sec-250-ricr-150-20-4-4.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-4#4.11}
Upon the finding of the Director that all monies have been expended, the fund shall be terminated.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2002-04-24 to 01/04/2022*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Technical Revision — effective from 2002-04-24 to 04/24/2002*
- *Periodic Refile — effective from 2001-12-31 to 04/24/2002*
#### **250-RICR-150-20-5** Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund
##### **250-RICR-150-20-5 § 5.1** Purpose {#sec-250-ricr-150-20-5-5.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.1}
The purpose of these regulations is to create a Narragansett Bay and Watershed Restoration Fund to receive, hold and administer the $8,500,000 portion of the 2004 RI Open Space, Recreation, Bay and Watershed Protection Bond allotted for "anti-pollution projects and restoration activities benefiting Narragansett Bay and state watersheds", $4,000,000 from the 2012 Environmental Management Bond allotted for “activities to restore and protect the water quality and enhance the economic viability and environmental sustainability of Narragansett Bay and the State of Rhode Island’s watersheds”, $3,000,000 from the 2014 Clean Water, Open Space and Healthy Communities Bond allotted for flood prevention projects and $3,000,000 from the 2016 Green Economy Bond allotted for the prevention and reduction of stormwater pollution.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.2** Legal Authority {#sec-250-ricr-150-20-5-5.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.2}
These rules and regulations are promulgated pursuant to the authority provided by R.I. Gen. Laws §§ 42-17.1-1, 42-17.1-2(34), 42-17.1-2.3, 46-12-3(2), 46-12-3(4), 46-12-24 and 46-12-24.1, and adopted pursuant to the procedures set forth in R.I. Gen. Laws Chapter 42-35, as amended.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.3** Liberal Application {#sec-250-ricr-150-20-5-5.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.3}
The terms and provisions of these rules and regulations shall be liberally construed to allow the Department to effectuate the purposes of state law, goals, and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.4** Severability {#sec-250-ricr-150-20-5-5.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.4}
If any provision of these rules and regulations or the application thereof is held to be invalid by a court of competent jurisdiction, the validity of the remainder of the rules and regulations 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 these rules and regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.5** Administrative Findings {#sec-250-ricr-150-20-5-5.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.5}
A.The goal of the Narragansett Bay and Watershed Restoration Fund is to restore and protect the water quality, and enhance the economic viability, environmental sustainability and resiliency of Narragansett Bay and the state’s watersheds. This Fund is meant to provide funding assistance for the feasibility analysis, design, construction, and/or rehabilitation of: nonpoint source water pollution control facilities; stormwater pollution control projects including the evaluation and/or development of a dedicated sustainable funding mechanism for stormwater pollution abatement; riparian buffer and aquatic habitat restoration projects; and projects which prevent or mitigate flooding while providing ecosystem benefits and other co-benefits as applicable. In order to achieve its goal the monies from Narragansett Bay and Watershed Restoration Fund are apportioned between four sub-funds.
B.All monies in the Narragansett Bay and Watershed Restoration Fund shall be expended in accordance with the General Laws of the State of Rhode Island and are hereby restricted to providing grants for nonpoint source water pollution abatement, stormwater pollution abatement including the evaluation and/or development of a dedicated sustainable funding mechanism for stormwater management, riparian buffer, and aquatic habitat restoration activities that will result in water pollution reduction, or water quality protection of the waters of the state, or flood prevention and mitigation actions and actions to improve inland and coastal resiliency that are carried out in a manner that provides ecosystem benefits.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.6** Definitions {#sec-250-ricr-150-20-5-5.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.6}
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.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.7** Fund Established {#sec-250-ricr-150-20-5-5.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.7}
There is hereby established a fund entitled the “Narragansett Bay and Watershed Restoration Fund.” The Fund is created in order to enable the Department to receive $8,500,000 from the RI Open Space, Recreation, Bay and Watershed Protection Bond that has been designated for use on "anti-pollution projects and restoration activities benefiting Narragansett Bay and state watersheds.", $4,000,000 from the 2012 Environmental Management Bond that has been designated for “activities to restore and protect the water quality and enhance the economic viability and environmental sustainability of Narragansett Bay and the State of Rhode Island’s watersheds”, $3,000,000 from the 2014 Clean Water, Open Space and Healthy Communities Bond that has been designated for certain flood prevention projects and $3,000,000 from the 2016 Green Economy Bond that has been designated for projects to prevent and reduce stormwater pollution. The Department in accordance with these regulations will administer the Fund.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.8** Sub-Fund Establishment {#sec-250-ricr-150-20-5-5.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.8}
A.The Fund is hereby allocated into four (4) sub-funds: the Governmental Entities Nonpoint Source Water Pollution Control Fund, the Non-Governmental Nonpoint Source Water Pollution Control Fund, the Riparian Buffer and Aquatic Habitat Restoration Fund, and the Flood Prevention and Mitigation Fund. The monies allocated to each sub-fund will be done at the discretion of the Director and will be available to eligible applicants in the form of grants of up to fifty percent (50%) of eligible costs. Applicants must be able to match at least fifty percent (50%) of eligible costs. At the Director's discretion, grant for up to seventy-five percent (75%) of eligible costs may be awarded.
B.Governmental Entities Nonpoint Source & Stormwater Pollution Control Fund
1.The monies allocated to the Governmental Entities Nonpoint Source & Stormwater Pollution Control Fund shall be available for projects proposed by governmental entities involving:
a.Construction of projects that mitigate, control or eliminate the effects of nonpoint source pollution or stormwater pollution, to the waters of the state.
b.Capital expenditures for additional or upgraded equipment to enhance implementation of best management practices identified in Department approved local stormwater management program plans.
c.The identification, mitigation, control or elimination of illicit point source connections to storm water collection systems.
d.The evaluation and/or development of a dedicated sustainable funding mechanism for stormwater pollution abatement.
2.At the Director's discretion, the monies allocated to this sub-fund may be used to secure other funding to carry out the purposes of this sub-fund.
C.Non-Governmental Entities Nonpoint Source & Stormwater Pollution Control Fund
1.The monies allocated to the Non-Governmental Entities Nonpoint Source & Stormwater Pollution Control Fund shall be available for projects proposed by non-governmental entities involving:
a.Construction of projects that mitigate, control or eliminate the effects of nonpoint source pollution or stormwater pollution, to the waters of the state.
b.Construction of projects that mitigate, control or eliminate point source illicit connections to the storm water collection system.
2.At the Director's discretion, the monies allocated to this sub-fund may be used to secure other funding to carry out the purposes of this sub-fund.
D.Riparian Buffer & Aquatic Habitat Restoration Fund
1.The monies allocated to the Riparian Buffer & Aquatic Habitat Restoration Fund shall be available for projects proposed by any person(s) for construction, re-establishment of native species or other improvement projects that will accomplish the following:
a.Establish or restore riparian habitats to their natural condition, or enhance the overall effectiveness of riparian buffers for water quality improvement/protection.
b.Projects that install fish passages to re-establish native fish species.
c.The control or removal of invasive species from aquatic habitats.
2.At the Director's discretion, the monies allocated to this sub-fund may be used to secure other funding to carry out the purposes of this sub-fund.
E.Flood Prevention and Mitigation Fund
1.The monies allocated to the Flood Prevention and Mitigation Fund shall be available for projects proposed by governmental or non-profit entities for the design and construction of projects that will reduce or eliminate the long-term risk of flooding and enhance ecological functioning of natural ecosystems. Such projects may include the following:
a.Restoration of floodplains, rivers and streams in a manner that returns ecosystem structure and functions to a more natural condition. This includes but is not limited to restoration of stream channels, streambank stabilization, revegetation of riparian buffers and other projects that reduce peak flows and/or peak velocities to sustain a more natural hydrologic regime.
b.Removal of impervious surface and revegetation in coastal and riparian area locations to increase retention of stormwater runoff and reduce contributing flows to flood-prone lands.
c.Replacement of culverts associated with crossings of rivers and streams in a manner that prevents flooding through improved management of peak flows and improves river or stream continuity upstream and downstream to enhance the free passage of wildlife.
d.Creation of increased storage capacity in floodplains to mitigate downstream flooding provided such storage areas are naturally vegetated.
e.Aquifer recharge projects in locations where the diversion of surface waters results in reduced flooding while maintaining a more natural hydrologic regime in rivers and streams.
f.Repairs to dams that result in increased capacity for flood mitigation including flood storage.
g.Dam removal in locations where it is demonstrated that the project will reduce the risk of flooding in known flood-prone areas.
h.Projects that enhance the resiliency of vulnerable coastal and inland habitats in locations that mitigate flooding risks.
2.Flood prevention and mitigation projects shall be consistent with approved local hazard mitigation plans or an updated local hazard mitigation plan that has been formally submitted to the Federal Emergency Management Agency and is pending approval as applicable.
3.At the Director's discretion, the monies allocated to this sub-fund may be used to secure other funding to carry out the purposes of this sub-fund.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.9** Notification of Available Funds {#sec-250-ricr-150-20-5-5.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.9}
A.Unless acting in accordance with §§ 5.8(B)(2), 5.8(C)(2), 5.8(D)(2) or 5.8(E)(3) of this Part the Director shall announce the availability of all funds under the Narragansett Bay and Watershed Restoration Bond Fund in a newspaper of statewide circulation. The announcement may also be posted on the appropriate State of Rhode Island websites.
B.At a minimum the announcement will state:
1.The sub-fund(s) receiving applications,
2.The approximate amount of money available under the sub-fund(s),
3.The deadline for all applications,
4.Any other information that the Director determines necessary and pertinent.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.10** Application Requirements {#sec-250-ricr-150-20-5-5.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.10}
A.Applications shall be submitted to Department of Environmental Management, Office of Water Resources, 235 Promenade Street, Providence, RI 02908 and shall be signed by the applicant’s chief executive or chief financial officer. All applications shall include the following:
B.A letter requesting consideration for funding with a concise project description consisting of:
1.A statement of the purpose of the project,
2.The expected environmental benefit(s) of the project,
3.The specific sub-fund to which application is being made and why it is eligible for funding under said sub-fund, and
4.Such other information as may be pertinent to the project.
C.A project schedule and budget.
D.Where applicable, any and all local, state, and federal permits which have been issued to the applicant or the subject facility and a statement of compliance with said permits.
E.Any and all compliance schedules, or consent agreements/decrees, final decrees or orders, or any form of approval with conditions attendant thereto, which may have been issued to or entered into by the applicant or the subject facility and a statement of compliance with said compliance schedules, or consent agreements/decrees, final decrees or orders, or any form of approval with conditions attendant thereto.
F.Where the proposed project is on property not owned by the applicant, a signed statement by the property owner granting the applicant permission to participate in the project.
G.Documentation confirming that the applicant has secured funding for or has otherwise made arrangements for the performance of its match for the grant. The applicant can meet its match requirement through one or more of the following means, including: the direct expenditure of the applicant’s own funds, funding acquired through other third-party sources such as grants or loans, in-kind services performed by the applicant or a third-party that are directly related to the performance of the project. All actual project expenses (100%) must be tracked and properly documented during the performance of the project in order to qualify the applicant for reimbursement of eligible grant expenses. For projects involving construction, DEM, at its discretion, may accept as matching funds the recently incurred costs related to the design of a project. DEM reserves the right to disqualify any ineligible projects or expenses.
H.Any other supporting materials and information that may be required by the Department to evaluate the application.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.11** Eligibility {#sec-250-ricr-150-20-5-5.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.11}
A.The following projects are ineligible to receive grant monies from the Fund pursuant to these regulations:
1.Projects using experimental technology.
2.Projects whose primary results will be improvement in business operations and/or productivity rather than pollution reduction.
3.Research projects.
4.Land acquisition projects.
5.Sewage disposal systems serving single-family residences.
6.The replacement of equipment to enhance implementation of best management practices identified in Department approved local stormwater management program plans.
B.The following expenses are ineligible for inclusion in project costs either as expenses to be covered by Fund monies or as expenses to be counted as part of the applicant’s match requirement:
1.Land acquisition costs (except cash expenditures to purchase land not owned by the applicant at the time of application, in which the land is essential to and directly related to the performance of the proposed project).
2.Operation and maintenance costs.
3.Personnel costs not directly related to the performance of the project (e.g. indirect personnel and administrative costs such as clerical support, monthly utility expenses, the purchase of office equipment, personnel costs associated with fund raising for the nongovernmental entity, etc.).
4.Costs associated with the performance of a Supplemental Environmental Project (“SEP”).
C.Applicants or proposed projects associated with unresolved litigation (administrative or judicial) with the Department or conditions or activities that have violated or are violating statutes or regulations administered by the Department shall be ineligible to receive Fund monies without the express written consent of the Director and the resolution of said litigation or violation(s).
D.Water pollution abatement projects funded in whole or in part by Fund monies shall not result in the violation of any federal, state, local statutes or regulations.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.12** Application Review and Selection {#sec-250-ricr-150-20-5-5.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.12}
5.12.1Application Review
A.The Department shall review all applications to determine eligibility and completeness. In order to satisfy the eligibility determination, the following criteria will be considered:
1.The applicants and their proposed projects must meet the requirements of §§ 5.9, 5.10 and 5.11 of this Part.
2.The proposed projects must provide a reliable means of meeting the intended reduction or restoration goals consistent with § 5.8 of this Part.
B.The Director shall establish a review team for each sub-fund to review the completed applications. All complete applications to a sub-fund shall be subject to review by, at least three (3) members of the Department, one of whom must be from the Office of Water Resources, and at least one (1) member selected by the Director from outside the Department. Individuals may serve as members of more than one review team.
C.If the Department determines that the application is complete and satisfies the requirements of §§ 5.12.1(A)(1) and (2) of this Part, then the review team will proceed to rank the projects within each sub-fund based upon the following criteria, which shall be applied so as to promote the goals and requirements of these Regulations to the fullest extent possible:
1.The severity and magnitude of the problem being addressed by the project (e.g. water quality, habitat, flooding).
2.The value of the resources to be protected or restored by the project and the public benefits derived.
3.The beneficial impact to the waters of the State.
4.The flood mitigation or resiliency benefits (required for flood prevention and mitigation fund projects).
5.Technical merit of the project (i.e. ability to solve the problem).
6.Consistency with approved plans (e.g. SWMPP, TMDL recommendations etc.).
7.Readiness to proceed.
D.Recommendations for awards will be made on the basis of a majority vote of the sub-fund review team. The final determination for funding will be made by the Assistant Director for Water Resources to be forwarded to the Director for approval.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
##### **250-RICR-150-20-5 § 5.13** Grant Awards {#sec-250-ricr-150-20-5-5.13 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-5#5.13}
A.Grant Award
1.Successful applicants will receive a grant offer specifying the amount, duration and conditions of the award. The offer will be in the form of a binding contract.
2.Recipients will be required to sign, accept and return the offer to the Department within forty-five (45) days of the date of mailing. Failure to execute the agreement within the forty-five (45) days may result in the cancellation of the grant award. The Director may award these monies to the next highest rated project.
3.Recipients will have ninety (90) days from the date of the acceptance of the grant offer to provide proof of the necessary grant match by letters of credit, loan agreements, dedicated escrow accounts or any pre-approved proof of matching funds by the Department.
4.The recipient is responsible for obtaining all necessary permits or approvals from any federal, state, or local agency with authority over the project or project area. Copies of these permits/approvals must be submitted to the Department for inclusion in the project file before the first payment request.
5.All grant payments will be paid in the form of reimbursement payments for eligible expenses incurred in accordance with an approved project. Requests for reimbursement must include documentation of the incurred, eligible costs. Such type of documentation required to receive reimbursement will be detailed in the grant offer and/or grant agreement.
B.The Director may suspend, modify or revoke any awards granted pursuant to these regulations in the event that subsequent examination reveals any data included in an application form, submittal, plan or sketch is incorrect or not in compliance with these regulations.
C.The Director may take appropriate action to stop payment of and/or seek the return of grant funds expended for any project where:
1.The applicant has obtained said grant based upon incomplete, false, misleading or erroneous information; or
2.The applicant has not completed the work approved under the grant in accordance with any and all conditions of approval issued by the Director in the grant award.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2017-04-27 to 01/04/2022*
- *Technical Revision — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2017-04-27 to 04/27/2017*
- *Amendment — effective from 2014-04-14 to 04/27/2017*
- *Amendment — effective from 2008-05-28 to 04/14/2014*
- *Adoption — effective from 2006-03-08 to 05/28/2008*
#### **250-RICR-150-20-6** Rules and Regulations Governing the Establishment of a Uniform Septage Disposal Fee
##### **250-RICR-150-20-6 § 6.1** Purpose {#sec-250-ricr-150-20-6-6.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-6#6.1}
To establish a Uniform Septage Disposal Fee to support the Bays, Rivers and Watersheds Fund.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-03-30 to 01/04/2022*
- *Technical Revision — effective from 2008-03-30 to 03/30/2008*
- *Adoption — effective from 2008-03-30 to 03/30/2008*
##### **250-RICR-150-20-6 § 6.2** Legal Authority {#sec-250-ricr-150-20-6-6.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-6#6.2}
These Rules and Regulations are promulgated pursuant to the requirements and provisions of R.I. Gen. Laws Chapters 46-12.11 “Uniform Septage Disposal Fee”, 46-31 “The Rhode Island Bays, Rivers and Watersheds Coordination Team”, 42-17.1 “Environmental Management”, and 42-35 “Administrative Procedures Act”.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-03-30 to 01/04/2022*
- *Technical Revision — effective from 2008-03-30 to 03/30/2008*
- *Adoption — effective from 2008-03-30 to 03/30/2008*
##### **250-RICR-150-20-6 § 6.3** Liberal Application {#sec-250-ricr-150-20-6-6.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-6#6.3}
The terms and provisions of these Rules and Regulations shall be liberally construed to allow the Department to effectuate the purpose of the state laws, goals and policies.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-03-30 to 01/04/2022*
- *Technical Revision — effective from 2008-03-30 to 03/30/2008*
- *Adoption — effective from 2008-03-30 to 03/30/2008*
##### **250-RICR-150-20-6 § 6.4** Severability {#sec-250-ricr-150-20-6-6.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-6#6.4}
If any provisions 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 hereby.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-03-30 to 01/04/2022*
- *Technical Revision — effective from 2008-03-30 to 03/30/2008*
- *Adoption — effective from 2008-03-30 to 03/30/2008*
##### **250-RICR-150-20-6 § 6.5** Applicability {#sec-250-ricr-150-20-6-6.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-6#6.5}
These rules apply to the disposal of all septage in Rhode Island including all septage disposal facility owners and operators and septage transporters operating in Rhode Island.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-03-30 to 01/04/2022*
- *Technical Revision — effective from 2008-03-30 to 03/30/2008*
- *Adoption — effective from 2008-03-30 to 03/30/2008*
##### **250-RICR-150-20-6 § 6.6** Administrative Findings {#sec-250-ricr-150-20-6-6.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-6#6.6}
A.Discharges of wastewater from wastewater treatment facilities, despite careful regulation and monitoring, are known sources of pollution that affect the quality of the bays and rivers of Rhode Island.
B.Wastewater treatment facilities collect wastewater from users of sewer systems, who pay fees for the utilization of the system, and from septage transporters, who collect septage from users of onsite sewage disposal systems.
C.All persons or entities generating pollutants that affect Rhode Island’s bays, rivers and watersheds, including those using onsite sewage disposal systems, should be required to contribute to the costs of providing effective pollution control, mitigating environmental degradation of ecosystems, restoring impaired ecosystems, and monitoring the environment to characterize the impacts of the pollutant loadings, including changes that may occur as the level of treatment is improved.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-03-30 to 01/04/2022*
- *Technical Revision — effective from 2008-03-30 to 03/30/2008*
- *Adoption — effective from 2008-03-30 to 03/30/2008*
##### **250-RICR-150-20-6 § 6.7** Definitions {#sec-250-ricr-150-20-6-6.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-6#6.7}
A.As used in these Rules, the following terms, shall as the context permits, be construed as follows:
1.“Director” means the Director of Department of Environmental Management.
2.“Disposal facility” means any wastewater treatment facility, or portion thereof, or any other facility that receives septage from septage transporters, pursuant to authorization by the Department of Environmental Management.
3.“Disposal facility operator” means the person responsible for operating an approved Disposal Facility in the State of Rhode Island and who has authority to charge fees for receipt of septage.
4.“Person” means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the federal government, or any agency or subdivision thereof, a state, municipality, commission, political subdivision of the state, or any interstate body.
5.“Septage” means any solid, liquid or semi-solid removed from a septic tank, cesspool, privy, domestic or other wastewater holding tank, including those used in vehicles, or similar onsite sewage disposal system.
6.“Septage transporter” means any person lawfully authorized to transport septage.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-03-30 to 01/04/2022*
- *Technical Revision — effective from 2008-03-30 to 03/30/2008*
- *Adoption — effective from 2008-03-30 to 03/30/2008*
##### **250-RICR-150-20-6 § 6.8** Uniform Septage Fee {#sec-250-ricr-150-20-6-6.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-6#6.8}
A.Fee System. Effective April 1, 2008, the Director hereby establishes a system for assessing a uniform septage disposal fee on all septage disposed of in Rhode Island. The fee shall be assessed by the disposal facility operator upon all septage transporters delivering septage to the disposal facility. Said fee shall not apply to discharge from vehicles that are not licensed septage transporters, such as recreational vehicles.
B.Fee Amount. The uniform septage disposal fee shall be $1.00 for each 100 gallons of septage received at a disposal facility, or likewise $10.00 for every 1,000 gallons of septage received at the disposal facility.
C.Identification of the Fee. Disposal facility operators shall identify the uniform septage fee separately from all other fees on any invoices or billing statements directed to septage transporters. Septage transporters shall identify the uniform septage disposal fee separately from all other fees on any invoice or billing statement directed to those persons owning or operating property from which the septage is collected.
D.Septage Volumes. The fee shall be assessed and collected by the disposal facility operator on all septage transporters delivering septage and shall be based on the volume of septage delivered to the disposal facility. Volumes shall be determined by using information such as the capacity of the vehicle used to transport septage, professionally accepted flow metering methodologies or other means acceptable to the Director.
E.Schedule for Remittance of Fees. The fees collected by the disposal facility operator shall be remitted four times per year to the RIDEM in accordance with the following schedule in Table 1. The septage transporter shall be liable for the fee until it has been paid to the state, except that payment to the applicable disposal facility shall be sufficient to relieve the septage transporter from further liability for the fee.
Table 1. Schedule for Remittance of Fees
Quarterly Period
Applicable Dates
Due Date for Remittance to DEM
1
July 1- September 30
December 1st of same year
2
October 1- December 31
March 1st of the following year
3
January 1 – March 31
June 1st of same year
4
April 1 – June 30
September 1st of same year
F.Deposit of Fees. All fees collected pursuant these regulations shall be deposited in the Bays, Rivers and Watersheds Fund as prescribed by section R.I. Gen. Laws Chapter 46-12.11.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-03-30 to 01/04/2022*
- *Technical Revision — effective from 2008-03-30 to 03/30/2008*
- *Adoption — effective from 2008-03-30 to 03/30/2008*
##### **250-RICR-150-20-6 § 6.9** Payment of Fees {#sec-250-ricr-150-20-6-6.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-6#6.9}
A.Checks shall be made payable to the “General Treasurer of Rhode Island”.
B.Fees shall be remitted to the Rhode Island Department of Environmental Management, Office of Management Services with reporting forms provided by the Department.
C.Failure of the disposal facility to remit fees which have been received in accordance with the required schedule shall be considered a violation of these regulations and shall be subject to administrative enforcement actions, and/or civil and/or criminal penalties pursuant to R.I. Gen. Laws Chapters 46-12, 46-17.1 and 42-17.6.
D.Failure of the septage transporter to pay fees to the disposal facility in a timely manner shall constitute a violation of these regulations and the septage transporter shall be subject to administrative enforcement actions, and/or civil and/or criminal penalties pursuant to R.I. Gen. Laws Chapters 46-12, 46-17.1 and 42-17.6.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-03-30 to 01/04/2022*
- *Technical Revision — effective from 2008-03-30 to 03/30/2008*
- *Adoption — effective from 2008-03-30 to 03/30/2008*
##### **250-RICR-150-20-6 § 6.10** Accessibility and Retention of Records {#sec-250-ricr-150-20-6-6.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-6#6.10}
A.Fiscal Records. The disposal facility shall account for and maintain fiscal records relating to the collection of the uniform septage fee in a manner that segregates the fees from other revenues or funds. The disposal facility shall at a minimum maintain records that identify the septage transporter or person delivering septage, the date and volume of each delivery, acceptance of septage for disposal, fee amounts and proof of payment of such fees.
B.Access to Records. Upon request, the disposal facility shall make accessible fiscal records related to the uniform disposal fee to the State of Rhode Island or its agents for the purpose of auditing, monitoring or evaluating fee collection procedures.
C.Retention of Records. Records pertaining to activities performed will be retained for audit purposes for a period of seven (7) years following the date of final payment for the agreement.
**History**
- *Periodic Refile — effective from 2022-01-04 to current*
- *Technical Revision — effective from 2008-03-30 to 01/04/2022*
- *Technical Revision — effective from 2008-03-30 to 03/30/2008*
- *Adoption — effective from 2008-03-30 to 03/30/2008*
#### **250-RICR-150-20-7** Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program
##### **250-RICR-150-20-7 § 7.1** Authority and Purpose {#sec-250-ricr-150-20-7-7.1 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.1}
A.Statutory Basis. These Regulations are adopted pursuant to R.I. Gen. Laws Chapters 20-1, 42-17.1, 46-12, and 42-35.
B.Purpose. These Regulations are intended to:
1.Assure the protection of public health, safety, and welfare as well as improve water quality and the fish and wildlife of the State; and,
2.Establish a means by which the Department of Environmental Management may administer to qualified marina owner/operators partial funding in the form of grants for the purpose of the construction, renovation, operation, and maintenance of marine pumpout and dump stations designed to service Type III marine sanitation devices installed on recreational vessels.
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-150-20-7 § 7.2** Definitions {#sec-250-ricr-150-20-7-7.2 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.2}
A.Whenever used in these Regulations, the following terms shall have the following meanings:
1.“Department” means the Rhode Island Department of Environmental Management (DEM);
2.“Director” means the Director of the Department of Environmental Management or his/her subordinates to whom the Director has delegated the powers and duties vested in the Director by these Regulations. The terms Department and Director may be used interchangeably unless clearly indicated otherwise by the context of the sentence in which it appears;
3.“Dump station” means an upland or floating facility specifically designed to receive wastes from portable toilets carried on recreational vessels, and does not include restroom facilities;
4.“Marina” means a berthing, mooring, or boat service facility, whether publicly or privately held;
5.“Non-transient" or "parking lot harbor” means a harbor that is home port to many boats kept on swing moorings or in marine docks. Most of the time, most of the boats are unoccupied and unused;
6."Office" means the Office of Water Resources of the Department of Environmental Management;
7.“Portable toilet” means toilets that are not installed toilets. They are designed to be removed from a vessel and their contents emptied into shoreside receptacles;
8.“Project” means any expenditure described in §§ 7.3(A) through (D) of this Part inclusive for which financial assistance is provided pursuant to these Regulations;
9.“Pumpout station” means a stationary (fixed base) facility that pumps or receives human body wastes out of Type III marine sanitation devices installed onboard recreational vessels, provided that certain mobile pumpout vessels may be employed to convey waste from moored vessels to the stationary facility;
10.“Recreational vessel” means a vessel:
a.Manufactured for operation, or operated, primarily for pleasure; or,
b.Leased, rented, or chartered to another for the latter’s pleasure;
11.“Transient harbor” means a "destination" harbor where boaters go during the day trips or berth overnight;
12.“Type III marine sanitation device (holding tank)” means any equipment for installation onboard a recreational vessel which is specifically designed to receive and retain human body wastes;
13.“Responsible party” means any person, partnership, corporation, or other legal entity which is the recipient of financial assistance pursuant to these Regulations or any person, partnership, corporation or other legal entity which is an owner, devisee and/or transferee of a Project, during the project period as defined in §§ 7.9(A) through (J) of this Part inclusive of these Regulations.
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-150-20-7 § 7.3** Allocation Between Projects {#sec-250-ricr-150-20-7-7.3 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.3}
A.Construction of New Pumpout Facilities and Dump Stations. In the awarding of grants, priority will be given to the funding of projects which provide for construction, operation, and maintenance of new marine pumpout facilities and dump stations in waterbodies identified as having unmet needs for such facilities in Harbor Management Plans approved by CRMC pursuant to § 650-RICR-20-00-1.3.1(O).
B.Renovation/Expansion of Existing Pumpout Stations. Second (2nd) priority will be given to funding projects which expand the capacity of existing marine pumpout facilities and dump stations located on water bodies identified as having unmet needs for such facilities in Harbor Management Plans approved by CRMC pursuant to § 650-RICR-20-00-1.3.1(O).
C.Operating and Maintenance Subsidies. Third (3rd) priority will be given to the funding of projects which support the cost of operating and maintaining existing marine pumpout facilities or dump stations which comply with the eligibility requirements of this program, are operating at a net loss, and are located on waterbodies identified as having unmet needs for such facilities in Harbor Management Plans approved by CRMC pursuant to § 650-RICR-20-00-1.3.1(O).
D.All Other Eligible Projects. Fourth (4th) priority will be given to projects which are otherwise eligible, but which are located in waterbodies already serviced by at least the minimum number of necessary pumpout facilities and dump stations as identified in Harbor Management Plans approved by CRMC pursuant to § 650-RICR-20-00-1.3.1(O).
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-150-20-7 § 7.4** Allocation of Funds {#sec-250-ricr-150-20-7-7.4 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.4}
A.Maximum Grant Award. The maximum amount that may be awarded for any single project shall not exceed seventy-five percent (75%) of the total costs of a project or the maximum grant amount specified annually in the Department's published request for proposals (RFP) document. The Director may, however, at his/her sole discretion, award additional sums, not to exceed seventy-five percent (75%) of total approved project costs, where so doing is required to affect the purposes of these Regulations as set forth in § 7.1(B) of this Part.
B.Allocation by Selection Round. The maximum amount of grant funds available to support annual grant rounds will be determined based on the amount of funds awarded to the Department of Environmental Management by the U.S. Fish and Wildlife Service for the purposes set forth in § 7.1(B) of this Part.
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-150-20-7 § 7.5** Application Procedures {#sec-250-ricr-150-20-7-7.5 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.5}
A.Forms and Instructions. Applications for grants shall be submitted to the Office on forms approved by it. These shall be available upon request from the Office at 235 Promenade Street, Providence, RI 02908, or at the Department's website at www.dem.ri.gov.
B.Filing. Applications must be filed with and received by the Office within the prescribed period for each selection round.
C.Recording. Applications will be accepted by the Office any business day between 8:30 A.M. and 4:00 P.M., up to the filing deadline, and shall be date and time stamped upon receipt. Applications may be hand delivered or mailed, and will be deemed filed on the date received and time stamped.
D.Filing Deadline. The Director shall set a filing deadline for receipt of applications for each selection round. Applications received after the filing deadline will not be considered for funding during that round and will be returned to the applicant without prejudice. Such applications may be resubmitted during a subsequent selection round.
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-150-20-7 § 7.6** Eligibility {#sec-250-ricr-150-20-7-7.6 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.6}
A.Eligible Projects and Costs. The following projects and costs are eligible for funding pursuant to these Regulations:
1.The engineering design, construction, renovation, operation, and maintenance of marine pumpout stations and/or dump stations, which are open to all members of the recreational boating public on a non-discriminatory and equal basis.
2.Equipment and materials necessary to hold sewage collected at pumpout and dump stations and/or employed to connect such stations to the nearest sewers, including holding tanks, pumps, and piping, provided that when ineligible facilities such as restrooms or showers are serviced by the same holding tanks or sewer connections only that pro rata share of capacity required by the pumpout or dump station is eligible for funding.
3.Equipment necessary to allow public sewage treatment plants to accept such sewage, except for bleed-in facilities.
4.For approved projects only, the cost of preparing plans and/or obtaining required regulatory permits, including permit fees, for any of the above.
B.Ineligible Projects and Costs. The following projects and costs are ineligible for funding pursuant to these Regulations:
1.Pumpout and dump stations which are operated for the exclusive use of marina patrons or members of a club or association and which are not accessible to the general public on an equitable basis.
2.Portable dockside pumpout units, carts or tanks.
3.Construction, renovation, operation, and/or maintenance of restroom facilities and/or showers.
4.Construction, renovation, operation, and/or maintenance of on-site septage disposal systems such as package treatment facilities or conventional septic tanks, fields and/or galleys.
5.Truck hauling of septage wastes from holding tanks to public sewage treatment plants, unless sanitary sewer service is not reasonably available.
6.Extensions of existing public sewage systems.
7.Bleed-in facilities at public sewage treatment plants.
8.Construction, renovation, operation, and/or maintenance of any dock, pier, or other improvement not dedicated to, nor directly required to support the operation of an eligible pumpout or dump station.
9.Dredging and/or dredge spoil disposal.
10.Landscaping.
11.Any cost, except those provided for under § 7.6(A)(4) of this Part, incurred by an applicant prior to a grant award.
C.Eligible Applicants
Only owners of any Rhode Island marinas, as herein defined, may apply for grants to support projects, which must be located at that marina. A non-owner operator may apply for such a grant, but only if the owner countersigns the application and the Grant Award Agreement.
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-150-20-7 § 7.7** Application Review and Grant Award Criteria {#sec-250-ricr-150-20-7-7.7 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.7}
A.Review. The staff of the Office of Water Resources will review applications and may return or disqualify those that are incomplete or which fail to meet eligibility criteria set forth in these Regulations.
B.Criteria. The Department shall have an awards advisory committee to review all completed applications. The committee shall review all complete applications according to the following criteria:
1.Is the proposed facility located in a waterbody identified as requiring additional pumpout capacity in a Harbor Management Plan approved by CRMC pursuant to § 650-RICR-20-00-1.3.1(O)?
2.Have the projected pumpout needs of that waterbody as identified in a Harbor Management Plan approved by CRMC pursuant to § 650-RICR-20-00-1.3.1(O) already been met? In other words, are a sufficient number of pumpouts already in place?
3.Is the application for a new facility?
4.Is the application for renovating an existing facility?
5.Is the application for a pumpout?
6.Is the application for a dump station?
7.Is the application for operating and maintenance funding only?
8.In situations where a direct connection to a sewer line is possible, is it proposed?
9.Are facility components, particularly those which could limit capacity such as pumps and holding tanks, large enough to accommodate projected demand (based on industry standards and norms)?
10.Has a safe, reliable and sanitary means of collecting, storing, and transporting waste been identified?
11.Is the proposed facility conveniently located relative to concentrations of recreational vessels?
12.Is channel access, maneuvering room, and water depth sufficient to accommodate the maximum range of vessel size and draft?
13.Are proposed days and hours of operation sufficient and convenient? Will the facility be available during a substantial portion of the normal boating season?
14.Does the project incorporate unnecessary or ineligible components or frills?
15.Will the facility be available on a fair and equitable basis to all members of the recreational boating public?
16.Have necessary permits been obtained?
17.Will significant numbers of recreational fishermen be accommodated?
18.Have adequate and appropriate operating and maintenance procedures been identified?
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-150-20-7 § 7.8** Grant Award Procedures {#sec-250-ricr-150-20-7-7.8 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.8}
A.Final Determination. The Awards Advisory Committee shall forward its recommendations to the Director, who may reject, adopt or adopt with modifications the committee’s recommendation.
B.Adjustments. The Director, with the advice of the Committee, shall have the authority to adjust grant awards so that no one community, waterbody, or marina receives a disproportionate amount of the funds available and so that a reasonable geographic distribution of funds is achieved.
C.Grant Award Agreement. The Notice of Award shall be by registered mail, return receipt, and shall be accompanied by a Grant Award Agreement which will set forth grant terms, schedules and conditions consistent with these Regulations. The Grant Award Agreement shall be signed by the applicant before a notary and shall be a binding legal contract, enforceable at law.
D.Engineering and Design. Upon receipt by the Office of the signed Grant Award Agreement, the applicant may retain engineering or design services which will be reimbursed as provided for in the Grant Award Agreement.
E.Final Design. Prior to ordering or purchasing equipment or contracting for construction services, the applicant must submit and the Office must approve construction-ready design drawings, detailed equipment specifications, projected costs for all project components, and copies of all required permits. Cost projections must have been obtained in accordance with the procurement procedures that are described in § 7.9(I) of this Part.
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-150-20-7 § 7.9** Grant Terms and Conditions {#sec-250-ricr-150-20-7-7.9 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.9}
A.Project Period
1.The beginning date of a project will normally be the date of approval by the Director. The Grant Award Agreement will specify the date by which the construction phase of the project must be completed. The operations phase of the project shall expire ten (10) years after the date on which construction is completed with the exception of pumpout vessel hulls, for which the operations phase shall be twenty-five (25) years or as determined by the Department.
2.The grantee’s obligations during the project period shall be binding upon subsequent owners, devisees and/or transferees until the project period expires.
B.Fees
1.No more than five dollars ($5.00) may be charged for a single use of a pumpout or dump station funded by this program, up to a maximum of thirty (30) gallons of sewage discharged.
2.Vessels discharging more than thirty (30) gallons of sewage may be charged higher fees based on the volume of sewage received, provided that such fees must first have been approved by the Office as reasonable and posted at the pumpout station.
3.Pumpout vessels must have entered into contracts with one (1) or more pumpout stations, with the fee to be charged per gallon of sewage negotiated between the parties.
4.All users must be charged the same fee per gallon of waste discharged.
C.Availability
1.Facilities must be equally available, to all recreational boaters, including those with physical handicaps, on a non-discriminatory first-come, first-served basis.
2.Facilities must be conveniently located, open according to a posted schedule during convenient hours, and for a substantial portion of the normal boating season as to reasonably accommodate the boating public and encourage use.
D.Design
1.All funded improvements must be designed and constructed so as to be capable of being operated and maintained in a reliable, efficient, convenient, safe, sanitary, and environmentally benign manner during the useful lifetime described in § 7.9(A)(1) of this Part.
2.All components must be adequately sized to accommodate projected peak demands.
E.Operation and Maintenance
1.An operations and maintenance plan and schedule must be submitted and approved.
2.Maintenance includes both routine custodial care and upkeep and non-routine cyclical (major) maintenance, as well as the supplies, materials, and tools necessary to carry out such work.
3.The grantee must obtain the prior approval of the State before revising the scope or objectives of an approved project, regardless of whether this would affect budgeted expenditures.
F.Regulations and Permits
1.It remains the applicant’s responsibility to obtain all appropriate and required Federal, State, and local permits and approvals before commencing any construction or alteration funded under this program.
2.Approval of a grant does not constitute a waiver of any regulatory requirement or a finding of regulatory compliance.
3.The applicant must certify compliance with applicable Federal laws, Regulations, and policies, as identified in OMB Circular No. 4040-0009.
G.Signage
1.All facilities must be properly identified with appropriate signage that indicates necessary operational information such as fees, hours of operation, operating instructions, contact names and phone numbers.
2.Signs must acknowledge funding support pursuant to the Clean Vessel Act and the Sport Fish Restoration Act.
H.Financial Management and Record Keeping
1.Grant recipients will be required to maintain accurate, current, and complete financial records, which are sufficient in detail and substance to clearly establish that grant funds have been properly expended for approved grant purposes. Recipients are required to present these financial records to the Office upon request.
2.Accounting records must be supported by source documentation, which shall include but is not limited to cancelled checks, paid bills, payrolls, time and attendance records, contract and sub-contract award documents, etc.
3.Actual grant expenditures or outlays must reflect budgeted amounts. Prior approval is required before revising the approved project budget in any way that would result in the need for additional funds.
4.All fees charged to users are to be retained, separately accounted for, and used exclusively to defray operation and maintenance costs of the facility and equipment funded by a grant under this program. Additional financial assistance to defray operating and maintenance costs may be provided, but only where the applicant’s financial records establish that such costs exceed fee revenues. Fee revenues in excess of funds necessary to operate and maintain facilities and equipment in any given calendar year shall revert to the state at the end of that calendar year for reinvestment in this grant program.
5.All grant project records must be retained and available on reasonable notice for inspection by State or Federal auditors for three (3) years after the final grant disbursement (reimbursement) has been made. However, if any litigation, claim, negotiation, audit, or other action involving such records has been started prior to the expiration of this three (3) year period, the records must be maintained until that action is completed. Records of fee receipts and/or ongoing expenditures for operations and maintenance must be retained for seven (7) years after the year in which the fees were collected and/or expenditures incurred.
I.Procurement of Goods and Services
1.The applicant will be required to demonstrate that he has pursued all reasonable and prudent measures to obtain the best available price for any equipment, goods, or services, including construction services, proposed to be funded under this grant program.
2.Purchase of engineering and design services must be supported by written proposals and rate quotations obtained from as many qualified sources as practical. However, the selection of the preferred vendor may be based on an evaluation of qualifications as well as price for service.
3.Purchase of equipment, fixtures, materials, and/or supplies must be supported by rate quotations obtained from as many qualified sources as practical. Single source price quotations will only be accepted where no other qualified source is available.
4.Purchase of construction services must be supported by written and binding cost estimates or bids obtained from as many qualified sources as practical. These estimates or bids must clearly set forth the cost to be charged for labor and, separately, for all equipment and fixtures to be installed and materials employed by the contractor. Single source bids will only be accepted where no other qualified bidder is available.
5.Qualified minority enterprises must be afforded an opportunity to submit proposals, rate quotations, and/or bids for any equipment, goods, or services funded under this grant program. A list of qualified minority enterprises, by specialty area, will be provided to applicants.
J.Penalties
1.If a grantee materially fails to comply with any term of an award, including most particularly those which are described in this document, the State may, at its discretion, take one (1) or more of the following actions, as appropriate in the circumstances:
a.Cash payments (reimbursements) may be temporarily withheld pending correction of the deficiency;
b.Reimbursement for all or part of the cost of a non-complying, unapproved, or ineligible activity or action may be disallowed (denied);
c.The grant award may be wholly or partly suspended or terminated and efforts initiated to recover grant funds already expended in cases of serious or deliberate non-compliance, fraud, or abuse.
2.The grantee will be afforded a reasonable opportunity to come into compliance before any of these sanctions all applied and will have an opportunity for administrative appeal through the Office of Administrative Adjudication before any payment or award is permanently terminated or effort at cost recovery initiated.
3.The Department may take the steps described in §§ 7.9(J)(1) through (2) of this Part without prejudice to the initiation of administrative and/or criminal proceedings based upon a grant recipient’s alleged violation of his/her obligations pursuant to these Regulations or the Grant Award Agreement.
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-150-20-7 § 7.10** Reimbursements Procedures {#sec-250-ricr-150-20-7-7.10 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.10}
A.Reimbursements. Grant awards will be paid out on a reimbursable installment as opposed to up front or lump sum basis. One hundred percent (100%) of the cost of any eligible project expenditure must have been paid out and documented by the grantee prior to submitting a request for reimbursement of seventy-five percent (75%) of those costs.
B.Reimbursement Rate. Reimbursement will be at the rate of seventy-five percent (75%) of actual documented cost, or estimated cost as identified in the approved project description (§ 7.8(E) of this Part), whichever is less.
C.Cost Overruns. Reimbursements in excess of estimated costs will only be processed where a compelling reason for the cost overrun can be shown to exist, and then, only with the prior approval of the Office.
D.Documentation. Documentation of expenditures for reimbursement purposes includes invoices marked as “Paid In Full” and signed by an authorized representative of the vendor, and/or copies of cancelled checks attached to the invoice which they paid, payroll records, and the like. Unpaid bills may not be submitted for direct reimbursement to either vendor or grantee.
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-150-20-7 § 7.11** Disclaimer {#sec-250-ricr-150-20-7-7.11 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.11}
A.Ownership. By awarding grants under these Regulations neither the State of Rhode Island, nor the Office of Water Resources assumes any ownership interest in a marina, its equipment or facilities.
B.Liability. Similarly, neither the State nor the Office assume any liability, expressed or implied, for property damage, injury, or death caused by or incidental to the construction, operation, maintenance and/or use of any facility or equipment built or purchased with the assistance of grant funds.
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*
##### **250-RICR-150-20-7 § 7.12** Education and Information {#sec-250-ricr-150-20-7-7.12 omnilex-key=us-ri-regs-official--title-250--250-RICR-150-20-7#7.12}
A.The Department, through its various Offices, will initiate all necessary and appropriate measures to educate and inform marine operators as to the benefits of installing marine pumpouts and dump stations, and as to the proper procedures for operating and maintaining such facilities.
B.The Department will similarly educate and inform members of the recreational boating public of the availability of marine pumpouts and dump stations and the benefits of using such facilities on a regular basis.
C.The Department will cooperate with and to the maximum extent possible, coordinate its education and information efforts and programs with recreational boating, environmental, and marina operator groups and organizations.
**History**
- *Amendment — effective from 2022-05-06 to current*
- *Periodic Refile — effective from 2022-01-04 to 05/06/2022*
- *Technical Revision — effective from 2001-12-31 to 01/04/2022*
- *Technical Revision — effective from 2001-12-31 to 12/31/2001*
- *Periodic Refile — effective from 2001-12-31 to 12/31/2001*Poursuivez vos recherches dans ChatGPT ou Claude
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