250 R.I. Code R. 250-RICR-150-05-1.11

Current through November 7, 2024

Section 250-RICR-150-05-1.11 - Effect of Activities on Water Quality Standards

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 these regulations (§ 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 these regulations 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 these regulations.

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.

250 R.I. Code R. 250-RICR-150-05-1.11

Amended effective 12/28/2023