250 R.I. Code R. 250-RICR-150-05-1.15

Current through November 7, 2024

Section 250-RICR-150-05-1.15 - Approvals

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 these regulations 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 these regulations. 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)(AA) 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 §2-1-18et. 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)(AA) and 1.15(A)(3)(b)(4)(AA) of this Part.

(1) Dredging and Dredged Material Disposal

(AA) 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

(AA) 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 these regulations shall apply.

250 R.I. Code R. 250-RICR-150-05-1.15

Amended effective 12/28/2023