250 R.I. Code R. 250-RICR-140-25-1.19

Current through December 26, 2024

Section 250-RICR-140-25-1.19 - Holding Tanks

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 these regulations 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 these regulations 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 these regulations.

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.

250 R.I. Code R. 250-RICR-140-25-1.19

Amanded effective 11/20/2018