Section 250-RICR-150-05-2.5 - General ProvisionsA. 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.250 R.I. Code R. 250-RICR-150-05-2.5