Section 250-RICR-140-30-1.4 - DefinitionsA. For the purpose of these Rules and Regulations, the following terms shall have the following meanings: 1. "Active well" means a well-equipped and capable of producing potable water which has been used for this purpose within the last 2 years.2. "All appropriate inquiries" or "AAI" means the process of conducting due diligence or an ASTM Phase I Environmental Site Assessment to determine prior uses and ownership of a property and assess conditions at the property that may be indicative of Releases or threatened Releases of hazardous substances at, on, in, or to the property as defined by 40 C.F.R. § 312.3. "Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells, springs or Surface Water.4. "Asbestos" means any material consisting of the following materials: actinolite, amosite, anthophylite, chrysotile, crocidolite or tremolite.5. "Authorized representative" means any individual employed by any Person, including all forms of private, governmental and commercial entities included there under, in a position to commit the resources of that Person and bind that Person to any responsibilities and/or liabilities set forth under these regulations.6. "Background" means the ambient concentrations of Hazardous Substances present in the environment that have not been influenced by human activities, or the ambient concentrations of Hazardous Substances consistently present in the environment in the vicinity of the Contaminated-Site which are the result of human activities unrelated to Releases at the Contaminated-Site.7. "Bedrock" means the continuous solid rock that underlies gravel, soil or other surficial material, including any fractured zones within said rock.8. "Bona fide prospective purchaser" means an intentional purchaser of a Contaminated-Site, who had documented their intent to purchase the property in writing and who has offered to pay fair market value for the property in the contaminated state. Any former Owner, former Operator or other Person who is otherwise a Responsible Party or any Person who had more than ten percent (10%) equitable or other legal interest in any property impacted by the Contaminated-Site or any of the operations related to the contamination cannot be considered as a Bona Fide Prospective Purchaser. Parties meeting these requirements above as a Bona Fide Prospective Purchaser may petition the Department prior to property purchase, for a certificate to formalize their exemption status under R.I. Gen. Laws § 23-19.14-7.9. "Carcinogenic substance" means any substance defined as a carcinogen or suspected carcinogen by federal agencies and for which a quantitative health risk extrapolation is available.10. "CERCLA" means the federal Comprehensive Environmental Response, Compensation and Liability Act (Superfund), 42 U.S.C. § 9601 et seq.11. "Child care facility" means any person, firm, corporation, association or agency who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart from his parent or guardian for any part of a twenty-four (24) hour day irrespective of compensation or reward as subject to regulation by the Rhode Island Department of Children, Youth and Families. It shall include child care programs that are offered to employees at the worksite.12. "Clean soil" means soil that has not been impacted, contaminated, adversely affected, or subject to a Release of Hazardous Materials, State or federally defined Hazardous Waste, petroleum, asbestos, PCB's, radioactive materials, or solid waste. a. Soil meeting: (1) The Department's Method 1 - Residential Direct Exposure Criteria Table 1, §1.9.2(C)(2) of this Part, and,(2) The TPH direct exposure, and leachability criteria of 500 ppm, and,(3) Meeting all other State, and federal requirements specific to petroleum, asbestos, radioactive material, PCB's, solid waste, and other criteria as determined by the Director;b. Shall be deemed "Clean Soil" as defined above. For cases where naturally occurring background levels of arsenic or beryllium may exceed the above standards of §§ 1.4(A)(12)(a) ((1)) through ((3)) of this Part, the Department may be petitioned to make a site specific background determination for compliance with the regulatory definition.13. "Container" means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.14. "Contaminated-site" means any Source Area or series of Source Areas that have not reached final resolution under this Part. 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.15. "Department" means the Department of Environmental Management.16. "Direct exposure criteria" means the concentrations of Hazardous Substances in soil protective of human health and the environment from exposures including but not limited to ingestion as identified in Table 1, §1.9.2(C)(2) of this Part or any other Direct Exposure Criteria approved by the Director pursuant to §§1.9.2(D) or 1.9.4 of this Part.17. "Director" means the Director of the Department of Environmental Management, or that Director's designee.18. "Emergency" or "short-term response action" means any activities undertaken immediately following the discovery of a Release of Hazardous Material in order to completely or partially contain, clean up or treat the Released material and/or remove an Imminent Hazard if it exists.19. "Environmental justice" means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, English language proficiency, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.20. "Environmental justice focus areas" means areas defined by United States Census block groups that are in the highest fifteen percent (15%) of all Census block groups in Rhode Island with respect to the percent population identified as racial minorities or the highest fifteen percent (15%) of Rhode Island census block groups with respect to percent population with income identified as being twice the federal poverty level or below (utilizing the most recent and readily available data from the United States Census).21. "Environmentally sensitive area" means any of the following areas: a. Areas which provide habitat for Federally endangered or threatened species as determined by the U.S. Department of Fish and Wildlife;b. Areas which provide habitat for State endangered or threatened species as determined by the Department through the Natural Heritage Program;c. Surface Water classified A, B or C by the Department or Wetlands;d. Coastal areas designated as Type 1 Conservation Areas or Type 2 Low-Intensity Use by the Rhode Island Coastal Resources Management Council;e. Tidal waters classified SA by the Department;f. State parks, management areas, wildlife areas or marine sanctuaries; or,g. Natural areas owned or operated by government agencies or not-for-profit organizations for the purposes of preserving the natural character of the property.22. "Excess lifetime cancer risk" means the estimated probability that an individual's exposure to a substance could result in cancer.23. "Facility" means all contiguous land, structures and other appurtenances and improvements on the land used for treating, storing or disposing of Hazardous Waste.24. "Free liquid" means Liquid which readily separates from the solid portion of a material under ambient temperature and pressure.25. "GA" or "GAA area" means any area having a Groundwater classification of GA or GAA, in accordance with the Department's Groundwater Quality Rules, Part 150-05-3 of this Title. The terms "GA" and "GAA" may be used interchangeably throughout this Part.26. "GA groundwater objectives" means the concentrations of Hazardous Substances in Groundwater protective of human health and the environment which are identified in Table 3, §1.9.3(F)(4) of this Part or any other GA Groundwater Objective approved by the Director pursuant to §1.9.4 of this Part.27. "GA leachability criteria" means the concentrations of Hazardous Substances in soil identified in Table 2, §1.9.2(C)(3) of this Part or any other GA Leachability Criteria approved by the Director pursuant to §§1.9.2(D) or 1.9.4 of this Part.28. "GB area" means any area having a Groundwater classification of GB, in accordance with the Department's "Groundwater Quality Rules." Part 150-05-3 of this Title.29. "GB groundwater objectives" means the concentrations of Hazardous Substances in Groundwater protective of human health and the environment which are identified in Table 4, §1.9.3(F)(5) of this Part or any other GB Groundwater Objective approved by the Director pursuant to §§1.9.3(G) or 1.9.4 of this Part.30. "GB leachability criteria" means the concentrations of Hazardous Substances in soil identified in Table 2, §1.9.2(C)(3) of this Part or any other GB Leachability Criteria approved by the Director pursuant to §§1.9.2(D) or 1.9.4 of this Part.31. "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.32. "Hazard index" means the calculation of the potential for non-cancer health effects as a result of exposure to one or more Hazardous Substances with the same or similar modes of toxic action or toxic endpoints.33. "Hazardous material" means any material or combination or mixture of materials containing any Hazardous Substance. Hazardous Material does not include Petroleum as defined in these regulations (i.e., virgin petroleum products).34. "Hazardous substance" means any substance designated as such pursuant to 40 C.F.R. § 300.5, incorporated above at § 1.3(A) of this Part. Hazardous Substance also includes any material that meets the definition of Hazardous Waste. Hazardous Substance shall not include, for the purposes of these regulations, asbestos or radioactive materials.35. "Hazardous waste" means any material defined as such waste pursuant to the Department's "Rules and Regulations for Hazardous Waste Management," Subchapter 10 Part 1 of this Chapter.36. "Imminent hazard" means a Release of Hazardous Material meeting any of the following criteria: a. The Release poses an immediate and substantial threat or risk of acute or chronic adverse effect on human health;b. The Release poses a threat or risk of harm, which could cause immediate destruction or significant adverse impact on an Environmentally Sensitive Area or the contamination of a wellhead protection area or other drinking water source;c. The Release poses an immediate threat of fire or explosion. Further factors to consider when evaluating Releases resulting in a threat of fire and explosion shall include: (1) The ignitability of the Hazardous Material, and the mixture resulting from the Release of the Hazardous Material;(2) The reactivity of the Hazardous Material, and the mixture resulting from the Release of the Hazardous Material;(3) The potential incompatibility of the Hazardous Material, and the mixture resulting from the Release of the Hazardous Material, with other materials which can reasonably be expected to be stored or handled in the area of the Release; and(4) The potential impacts of a fire and/or explosion; and d. The Release may be influenced by site-specific factors which have the potential to lead to an imminent threat to human health or the environment.37. "Impoundment" or "Surface impoundment" means a natural topographic depression or man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquids, solids or materials containing free liquids, and which is not a well. Examples of impoundments include holding, storage, settling and aeration pits, ponds, and lagoons.38. "Incompatible materials" means materials which are unsuitable for: a. Placement in a particular device or management at a Contaminated-Site or facility because those materials may cause corrosion or decay of containment materials; or b. Commingling with another material under uncontrolled 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.39. "Industrial/commercial activity" means any activity related to the commercial production, distribution, manufacture or sale of goods or services, or any other activity which is not a traditional Residential Activity as defined by § 1.4(A)(68) of this Part including activities related to outdoor recreational areas with restrictions in place to limit potential exposure.40. "Industrial/commercial direct exposure criteria" means the concentrations identified in the Industrial/Commercial column of Table 1, §1.9.2(C)(2) of this Part or any other Industrial/Commercial Direct Exposure Criteria approved by the Director pursuant to §§1.9.2(D) or 1.9.4 of this Part.41. "Inorganic hazardous substance" means any Hazardous Substance which is not an Organic Hazardous Substance.42. "Interim letter of compliance" or "ILOC" means a letter may be issued by the Office of Land Revitalization and Sustainable Materials Management, as an interim step to a Letter of Compliance, for Contaminated-Sites that have implemented all active remedial measures required (including but not limited to completing all physical components and construction as required in the Remedial Approval Letter), and in the opinion of the Department, entered a long-term monitoring or operational and maintenance phase of a clean-up approved by the Office. An Interim Letter of Compliance shall not be considered a Letter of Compliance. The Office reserves the right to require additional remedial measures, should it become apparent that the remedial objectives of the clean up will not be achieved.43. "Leachability criteria" means the concentrations of Hazardous Substances protective of GA/GAA and GB Areas, as appropriate, and the environment which are identified in Table 2, §1.9.2(C)(3) of this Part or any other GA Leachability Criteria approved by the Director pursuant to §§1.9.2(D) or 1.9.4 of this Part.44. "Letter of compliance" or "LOC" means a letter will be issued by the Office of Land Revitalization and Sustainable Materials Management for Contaminated-Sites that have completed a full site assessment or a Site Investigation Report (per § 1.8 of this Part) approved by the Department documenting all known and suspected Releases, and completed all Remedial Action work required by the Office to address the remedial objectives for the site, including institutional controls (if applicable).45. "Liquid" means any material that expresses as separable Liquid by weight thirty percent (30%) or more of the material when exposed to a vacuum of 3/4 atmosphere for thirty (30) minutes.46. "Manifest" means the Rhode Island Uniform Hazardous Waste Manifest provided by the Department or any other manifest approved by the United States Environmental Protection Agency for identifying, at a minimum, the quantity, composition, type and the origin, routing and destination of Hazardous Waste from the point of generation, to the point of treatment, storage, or disposal.47. "Method 1" means the determination of appropriate soil and groundwater objectives based on the concentrations of Hazardous Substances identified in Table 1 and 2, §§1.9.2(C)(2) and (3) of this Part, Table 3 and 4, §§1.9.3(F)(4) and (5) of this Part.48. "Method 2" means the determination of appropriate soil and groundwater objectives based on the concentrations of Hazardous Substances developed using site-specific factors in accordance with §§1.9.2(D) and 1.9.3(G) of this Part.49. "Method 3" means the determination of appropriate remedial objectives based on the concentrations of Hazardous Substances developed in accordance with §§1.9.4 and 1.9.5 of this Part.50. "No further action" or "NFA letter" means a letter will be issued by the Office of Land Revitalization and Sustainable Materials Management for properties that have undergone a limited, or focused site investigation, and completed all Remedial Action work required by the Office to address only the identified or limited areas of concern.51. "Non-aqueous phase liquid" or "NAPL" means an organic compound present at a concentration such that it exists as a separate phase in equilibrium with water. Said definition may apply to Light Non-Aqueous Phase Liquids (LNAPL), and/or Dense Non-Aqueous Phase Liquids (DNAPL).52. "Operator" means the Person who is responsible for the operation of the activities at the Contaminated-Site. For the purposes of these regulations, Persons who create or maintain a security interest in land by making loans, administering loans or participating in the financial workout of defaulted loans are not Operators, and such acts of themselves are not considered participation in management of a Contaminated-Site. Activities that are considered appropriate activities of a secured lender include, without limitation: a. Requiring or conducting site assessments on a Contaminated-Site; and b. Collecting income and rents from the site to the extent that such funds are not inappropriately diverted from being utilized toward remediation of the Contaminated-Site.53. "Organic hazardous substance" means any Hazardous Substance containing the element carbon.54. "Overburden" means the material present in the ground above bedrock.55. "Owner" means the Person who owns the Contaminated-Site or part of the Contaminated-Site.56. "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 which contains such substance.57. "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.58. "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the Federal Government or any agency or sub-division thereof, a state, municipality, commission, political sub-division of a state, or any interstate body.59. "Petroleum" means any virgin petroleum product including the following products: a. Unused distillate and residual oil including but not limited to gasoline, aviation fuels, kerosene, diesel, and heating oils; and b. Unused crankcase oil, lubricants, hydraulic oils, penetrant oils, tramp oils, quench oils, and other industrial oils.60. "Public water supply system" means a system for the provision to the public of piped water for human consumption, provided such a system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year.61. "RCRA" means the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 (2018).62. "Recreational facility for public use" means a building or place, owned or controlled by a government agency or not-for-profit entity, that provides the public the opportunity to engage in active and/or passive recreation. The payment of a membership fee or other user fee shall not be determinative for said building or place to be deemed a recreational facility for public use. The terms active recreation and passive recreation shall be interpreted broadly and are defined as follows: a. Active Recreation: (1) Generally sports related and may be defined as activities that combine one or more of the following features: (AA) Formally organized teams and leagues,(BB) Require specialized sports equipment, or(CC) Are held at developed recreation sites, facilities, or fields.(2) Moderate to high intensity structured recreation use, in many cases requiring some modification of natural landforms and the provision of service facilities (parking areas, restrooms, visitor centers).(3) Requires constructed facilities for structured or unstructured recreation such as sports fields, play areas, golf courses, swimming pools, skating rinks, boat docks, equestrian centers.b. Passive Recreation: (1) Activities that may be performed individually, may require little or no specialized equipment, or can be engaged in at sites that are undeveloped or minimally developed. Examples include hiking, biking, horseback riding, picnicking, swimming at salt or fresh water beaches, and nature viewing. These activities take place at a variety of sites dispersed throughout the state including bikeways, trails, parks, beaches and management areas.(2) Involves existing natural resources, has minimal impacts, and does not require significant facilities. Examples include: hiking, horseback riding, cross-country skiing, fishing, canoeing, picnicking, nature viewing, or bicycling. The purchase or preservation of undeveloped open space without active promotion of the use of the property for either active or passive recreation, or the development of parking areas for increased access to existing recreational areas, shall not constitute a Recreational Facility for Public Use under these regulations.63. "Release" means as defined in 40 C.F.R. § 300.5, incorporated above at § 1.3(A) of this Part, for purposes of the Remediation Regulations. a. A release shall exclude any of the following:(1) Any Release from a process, activity or Contaminated-Site allowed under a permit, license or approval by any regulatory process or legal authority;(2) Any Release of Hazardous Materials solely derived from common household materials and occurring at the household; or(3) Any Release that is completely contained within an area or structure designed and engineered to contain such materials.b. Release shall also include an actual or potential threat of Release. 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.64. "Remedial decision letter" means a formal, written communication from the Department that approves a site investigation, identifies the preferred remedial alternative and authorizes the development of a remedial action work plan in order to achieve the objectives of environmental clean-up.65. "Remediation" means the act of implementing, operating and maintaining a Remedy or Remedial Action.66. "Remediation regulations" means the Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases, 250-RICR- 140-30-1.67. "Remedy" or "Remedial action" means those actions taken to rectify the effects of a Release of Hazardous Material, so that it does not cause a significant risk to present or future public health or welfare, or the environment.68. "Residential activity" means any activity related to a a. residence or dwelling, including but not limited to a house, apartment, or condominium, or b. school, day care center, playground, or Recreational Facility for Public Use.69. "Residential direct exposure criteria" means the concentrations identified in the Residential column of Table 1, §1.9.2(C)(2) of this Part or any other Residential Direct Exposure Criteria approved by the Director pursuant to §§1.9.2(D) or 1.9.4 of this Part.70. "Responsible party" or "parties" meansa. Any or all of the following Persons:(1) The Owner or Operator of a Vessel, Transport Vehicle, or a Contaminated-Site at which there is a known or suspected Release;(2) Any Person who, at the time of storage or disposal of any Hazardous Material, owned or operated a Contaminated-Site at which there is a known or suspected Release;(3) Any Person who, by contract, agreement, or otherwise, directly or indirectly, arranged for the disposal of Hazardous Material at a Contaminated-Site at which there has been a known or suspected Release;(4) Any Person who accepts or accepted any Hazardous Materials for transport to disposal or treatment facilities or Contaminated-Sites selected by such Person and from which location there is a Release or a threatened Release of Hazardous Materials which causes the incurrence of response costs;(5) Any Person who otherwise caused or is legally responsible for a Release of Hazardous Materials from a Vessel, Transport Vehicle or operation at a Contaminated-Site; and(6) The Person or legal entity controlling a Contaminated-Site, Transport Vehicle, Vessel or activity that contains or led to a known or suspected Release.(7) Responsible Party shall also mean any and all combinations of the abovementioned Persons.b. The following parties are not Responsible Parties and shall not be held liable for costs or damages associated with a Release of Hazardous Materials:(1) Persons otherwise liable who can establish by a preponderance of the evidence that the Release or threat of Release of Hazardous Materials and the damages resulting there from were caused solely by an act of God or an act of war;(2) Persons who are defined as Bona Fide Prospective Purchasers of a Contaminated-Site and have entered a settlement or remedial agreement with the Department related to the same Contaminated-Site;(3) Persons who are not Operators and who act solely as custodial receivers or who can establish by a preponderance of evidence that they are an innocent land Owner and the Release or threat of Release were caused solely by an act or omission of a third party other than an employer or agent of the defendant, or whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant if the defendant establishes: (AA) That it exercised due diligence in the acquisition of the Contaminated-Site at the time of purchase and exercised due care with respect to the Hazardous Material concerned, taking into consideration the characteristics of such Hazardous Material, in light of the facts and circumstances; and(BB) That it took precautions against foreseeable acts, or omissions of any such third party and the consequences that could foresee ably result from such acts or omissions; and(4) Persons who maintain indicia of ownership solely to protect a security interest in land and are not Operators.c. For the purposes of this definition, a secured lender is not deemed an Owner or an Operator if in order to protect its security interest the secured lender accepts title to a Contaminated-Site through foreclosure, or by accepting the deed to the Contaminated-Site in lieu of foreclosure, and meeting the following requirements: (1) The secured lender can demonstrate that no act of the secured lender or its agent(s), after accepting title, caused or contributed to a Release of Hazardous Materials;(2) The secured lender provides notification, if required, pursuant to §1.6.1 of this Part if notification had not previously been provided to the Department;(3) The secured lender does not acquire property which presents an Imminent Hazard, or in the event of discovery of an Imminent Hazard subsequent to foreclosure, the secured lender takes appropriate action pursuant to § 1.7 of this Part to stop, minimize or remove the imminent threat;(4) The secured lender provides the Department and its agents with access to the Contaminated-Site; and(5) The secured lender acts diligently to sell or otherwise divest itself of ownership or possession of the Contaminated-Site in a timely manner. For the first eighteen (18) months after accepting or taking title, the secured lender is presumptively assumed to be actively seeking to divest the property. In this period, it is the burden of the Department to demonstrate that the lender is not pursuing reasonable good faith efforts. For the time period after eighteen (18) months of accepting or taking title, the burden shifts to the secured lender to affirmatively demonstrate that it has undertaken, and continues to undertake, good faith efforts to sell the property.71. "School" means any residential or non-residential school building, 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. The term "school" or "schools" includes, but is not limited to, school playgrounds, school administration buildings, indoor school athletic facilities, school gymnasiums, school locker rooms, and similar school buildings. It does not include institutions of higher education or child-care facilities as regulated by the Department of Children, Youth and Families.72. "Sediment" means the unconsolidated inorganic and organic material that is suspended in and is being transported by Surface Water, or has settled out of Surface Water.73. "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 §§1.6.1(C) and (D) of this Part, 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 Department's 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.74. "Surface water" means any body of water open to the atmosphere including brooks, streams, rivers, ponds, lakes, bays or wetlands.75. "Tank" means a stationary device designed to contain an accumulation of Hazardous Material which is constructed primarily of non-earthen materials which provide structural support.76. "Transport vehicle" means a motor vehicle, trailer or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate Transport Vehicle.77. "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 Material.78. "Underground injection control system" means any active or inactive system or structure used for the subsurface discharge of commercial or industrial wastewater.79. "Vadose zone" means the full extent of the soil column existing above the elevation of Groundwater for the purposes of the Remediation Regulations.80. "Vessel" means any boat or 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, barges and similar floating objects.81. "Well" means a bored, drilled, or driven shaft or a dug hole, with a depth that is greater than its largest surface dimension, through which groundwater has flowed, flows, or may flow under natural or induced pressure and that has been modified for purposes of obtaining water.82. "Wellhead protection area" means a three-dimensional zone, designated by the Director and delineated pursuant to the Department's "Groundwater Quality Rules," Part 150-05-3 of this Title surrounding a well or well field supplying a public water supply system, through which water will move toward and reach such well or wellfield.83. "Wetland" means any area that is 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.84. "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.250 R.I. Code R. 250-RICR-140-30-1.4
Amended effective 4/22/2020