250 R.I. Code R. 250-RICR-150-05-3.10

Current through November 7, 2024

Section 250-RICR-150-05-3.10 - Modification of Groundwater Classification

A. Application for Modification of Groundwater Classification: Any person may apply to the Director to modify the classification assigned to particular groundwaters of the state. The applicant for groundwater reclassification shall submit to the Department a narrative explaining the need and justification for a reclassification, a detailed site plan, groundwater flow direction, groundwater quality data, the area to be reclassified and shall prove by clear, convincing and scientifically valid evidence that a reclassification is consistent with §§ 3.10(C) through (F) of this Part.

B. Reclassification Considerations: In evaluating a reclassification petition in accordance with §§ 3.10(C) through (F) of this Part, the Director shall consider the factors below, in addition to other relevant information, provided by the facility owner or operator for the location in question:

1. Actual or potential threats to public health or the environment;

2. Surrounding groundwater and surface water quality;

3. Surrounding groundwater and surface water quality standards;

4. Current and potential future uses of surrounding property, groundwater, and surface water;

5. Local and regional groundwater flow direction; and

6. Feasibility of groundwater remediation to a quality consistent with the standards in § 3.11 of this Part.

C. Upgrading Groundwater Classification: Where it has been proven by clear, convincing and scientifically valid evidence that the groundwater quality of an area meets the standards of a higher quality groundwater classification than the current classification or that the classification delineation pursuant to §§ 3.9(A)(2), 3.9(A)(3)(b), or 3.9(A)(3)(c) of this Part is incorrect, the Director shall initiate rule-making procedures to upgrade the groundwater classification.

D. Downgrading Groundwater Classified GAA to GA: Where it has been proven by clear, convincing and scientifically valid evidence that groundwater classified GAA is not in an area described in §§ 3.9(A)(1)(a) through (c) of this Part, the Director shall initiate rule-making procedures for reclassification of such groundwater to GA.

E. Downgrading Groundwater Classified GAA or GA to GB: The Director may initiate rule-making procedures for reclassification of groundwater to GB, provided that it has been demonstrated by clear, convincing and scientifically valid evidence that the area in question meets the criteria below:

1. Site conditions are such that the groundwater is known or presumed likely to not meet the standards for groundwater classified GAA or GA;

2. There is no use of groundwater for drinking water, and public water is readily available to all properties within the area to be reclassified to GB; and

3. The area in question is located within one of the areas described below:

a. Contiguous with an existing area classified GB pursuant to § 3.9(A)(3)(a) of this Part, provided that the land use activities in the area in question represent a similar degree of threat to groundwater quality as the contiguous area classified GB;

b. Within the permanent waste disposal area as approved by the Director in accordance with the Rhode Island Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases at sites of historically permitted or approved inactive landfills or inactive disposal sites for solid waste, hazardous waste, or sewage sludge, where the Director has determined that groundwater remediation to drinking water quality is not feasible or practical; or

c. The area immediately surrounding the area classified GB in accordance with §§ 3.9(A)(3)(b) or (c) of this Part which the Director has determined is not suitable for public or private drinking water use or the area immediately surrounding the area classified GC in accordance with § 3.9(A)(4) of this Part, which the Director has determined is not suitable for public or private drinking water use.

F. Downgrading of Groundwater Classification to GC

1. Groundwater reclassification to GC is required for proposed sites for solid waste landfills and proposed sites for hazardous waste disposal facilities. Such facilities are the only uses for which groundwater will be reclassified to GC.

2. Groundwater reclassification to GC will not be considered until an application for a solid waste disposal license has been filed with the Department pursuant to the Solid Waste Regulations No.1 through No.8 Parts 140-05-1 through 8 of this Title; and amendments thereto, or until an application for a hazardous waste disposal facility has been filed with the Department pursuant to the Rhode Island Rules and Regulations for Hazardous Waste Management Part 140-10-1 of this Title.

3. Groundwater classified GA and GB may be reclassified to GC for proposed sites for solid waste landfills and proposed sites for hazardous waste disposal facilities. Groundwater classified GAA shall not be reclassified to GC.

4. In order to reclassify groundwater to GC, the applicant must submit to the Department a site-specific study which demonstrates by clear, convincing, and scientifically valid evidence that the groundwater quality standards for GC in § 3.11(C) of this Part will be met. The study shall include, but not be limited to, the following:

a. A locus map using the U.S. Geological Survey 7.5-minute quadrangle map;

b. Site plan at an appropriate scale (minimum scale of 1 inch equals fifty feet (1"=50')) to adequately show the location on and immediately surrounding the site of the following: property boundaries, buildings and other structures, roads, surface topography, watercourses, wells, water lines, sewer lines, onsite wastewater treatment systems and other waste disposal areas, and any other significant site features;

c. Depth to groundwater, water table elevations, hydraulic gradient, groundwater flow direction, groundwater flow velocity, and water table map;

d. Description of the unconsolidated materials (in both the unsaturated and saturated zones), including permeability, porosity, degree of stratification, and the capacity for pollutant attenuation;

e. Depth to bedrock and bedrock characteristics, to include, but not be limited to, weathering, jointing, faulting, fracture orientation and density;

f. Aquifer characteristics including saturated thickness, hydraulic conductivity, and transmissivity;

g. Groundwater quality on-site and surrounding the site;

h. The hydraulic connection between nearby surface waters and groundwater;

i. Location and distance off-site of the nearest surface water body that will receive runoff from the site and that surface water body that will receive groundwater flow from the site and the water quality classification of these surface water bodies.

j. Public and private wells:

(1) Determine the number and location of public wells within 3 miles of the site and the number and location of private wells within 1 mile of the site, or the number and location of such wells within alternative distances agreed upon by the Director;

(2) Determine or estimate the well depths;

k. Current and most probable future uses of surrounding groundwater and surface water;

l. History of site ownership and operation;

m. Volume and characteristics of the waste to be disposed of on the site;

n. Specific methods and procedures to be utilized in the construction, operation, and maintenance of the facility necessary to contain or prevent migration of pollutants;

o. Evaluation of the potential for migration of pollutants from the site and identification of potential impacts to groundwater and associated surface waters from the proposal.

250 R.I. Code R. 250-RICR-150-05-3.10

Adopted effective 1/9/2019
Amended effective 12/28/2023