Section 250-RICR-150-05-3.9 - Groundwater ClassificationA. Definitions: The Director shall classify the groundwater resources of Rhode Island using the four classes established in R.I. Gen. Laws Chapter 46-13.1 and which are further defined below:1. Groundwater classified GAA shall be those groundwater resources which the Director has designated to be suitable for public drinking water use without treatment and which are located within the areas described in §§ 3.9(A)(1)(a) through (c) of this Part below. a. Groundwater reservoirs and portions of their recharge areas as delineated by the Department.b. Wellhead protection areas for community water supply wells delineated in accordance with § 3.16 of this Part. Wellhead protection areas for community water supply wells will by definition be considered reclassified to GAA at the time of approval of the community water supply well by the Rhode Island Department of Health.c. Groundwater dependent areas that are physically isolated from reasonable alternative water supplies and where the existing groundwater supply warrants the highest level of protection. Block Island is the only area currently designated pursuant to this provision.2. Groundwater classified GA shall be those groundwater resources which the Director has designated to be suitable for public or private drinking water use without treatment and which are not described in §§ 3.9(A)(1)(a) through (c) of this Part.3. Groundwater classified GB shall be those groundwater resources designated by the Director which may not be suitable for public or private drinking water use without treatment due to known or presumed degradation. Groundwater located beneath the following areas may be classified GB: a. Highly urbanized areas of the state with dense concentrations of historic industrial and commercial activity, wherein a public water supply is readily available;b. The permanent waste disposal area as approved by the Director in accordance with the Part 140-30-1 of this Title at the sites of historically permitted or approved inactive landfills and inactive land disposal sites for solid waste, hazardous waste, or sewage sludge;c. Active sites that are permitted for the land disposal of sewage sludge, unless such disposal site is associated with a licensed solid waste landfill; ord. The area immediately surrounding the area classified GB in accordance with §§ 3.9(A)(3)(b) and (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.4. Groundwater may be classified GC in those areas which, because of present or past land use or hydrogeological conditions, the Director has determined to be more suitable for certain waste disposal practices than for development as a drinking water supply. a. Groundwater located beneath the following areas may be classified GC:(1) At licensed solid waste landfills -- The currently permitted area for waste disposal as established in a valid operating license issued by the Department, including a license issued pursuant to a court order;(2) At licensed solid waste landfills -- Areas surrounding the permitted area for waste disposal that the Director determines are potentially suitable for waste disposal based on the hydrogeologic environment, groundwater quality, groundwater use off-site, and surrounding surface water quality and use; and(3) Areas that have been reclassified pursuant to § 3.10(F) of this Part for solid waste landfills and facilities for the disposal of hazardous waste.b. At the point in time when a license for a solid waste landfill or facility for the disposal of hazardous waste has lapsed or the facility is no longer being operated, then by definition the site shall be considered reclassified to GB, unless the Director determines that the GC classification is appropriate for the site.B. Classification Boundary Disputes: If the boundaries of the groundwater classification areas shown on groundwater classification maps produced by the Department are in dispute, the burden of proof shall be on the person disputing the boundary locations as shown on such map to show, pursuant to § 3.10 of this Part, that the boundary locations are incorrect. In determining the accuracy of the Director's delineations, the regional hydrogeologic conditions beyond the boundaries of the specific site in question and the seasonal fluctuations in the water table shall be considered.C. The Director shall adopt groundwater classification maps designating groundwater classification pursuant to these rules. See § 3.23 of this Part for a statewide map showing groundwater classifications. Groundwater classifications can be viewed in greater detail on the DEM website at www.dem.ri.gov.250 R.I. Code R. 250-RICR-150-05-3.9
Adopted effective 1/9/2019
Amended effective 12/28/2023