Section 250-RICR-150-05-4.10 - Groundwater Discharge System ApprovalA. The owner of a facility with a proposed groundwater discharge identified in §§ 4.10(A)(1) through (3) of this Part, shall obtain a Groundwater Discharge System Approval prior to the initiation of construction and installation of a groundwater discharge system and shall comply with all requirements of § 4.10 of this Part. 1. A groundwater discharge of wastewater or other fluid, including, but not limited to Class V injection wells identified in §§ 4.6(F)(11) through (14) of this Part, which are associated with a commercial, industrial or institutional activity not eligible for registration under § 4.9 of this Part;2. A groundwater discharge of contaminated groundwater that has been treated and is being discharged into the same formation from which it was drawn, through a Class IV injection well, if the discharge is approved by the U.S. Environmental Protection Agency, or the Director, pursuant to the provision for the cleanup of releases under the federal Comprehensive, Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C §§ 9601 through 9675 or pursuant to requirements and provisions under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 through 6992k; or,3. Any other groundwater discharge associated with an activity that the Director has determined may adversely impact the groundwater resources of the State.B. Application Requirements: Except as otherwise provided in § 4.10(C) of this Part, the owner shall submit to the Director an Application for a Groundwater Discharge System Approval, prepared in accordance with § 4.8 of this Part, and any other information required by the application or the Director, including at minimum, the following: 1. Groundwater Elevation: A determination of the seasonal high groundwater table elevation, conducted in accordance with § 4.9(B)(1) of this Part;2. Setback and Separation Distances: Identification of the required setback and separation distances from the proposed groundwater discharge system, in accordance with § 4.9(B)(2) of this Part;3. Operation and Maintenance Plan: A plan for the proper operation and maintenance of the groundwater discharge system containing: a. The name, address and daytime telephone number of the owner, operator or other representative responsible for maintenance of the groundwater discharge system;b. A schedule that ensures that the groundwater discharge system, including all treatment and infiltration systems, devices, structures and monitoring equipment shall be maintained in good operating order at all times as necessary to maintain optimal design performance;c. A schedule for the disposal of all material to be removed from the groundwater discharge system, indicating the frequency and method of disposal and subsequent submittal to the Director of manifests, bills of lading and/or disposal receipts, in accordance with applicable State and federal laws, rules, regulations and standards;d. A schedule for annual notification to the Director of any groundwater discharge system operational problem and spill or release of fluid that may have entered the groundwater discharge system during the previous 12-month period, including any incident reported under §§ 4.14(G) through (H) of this Part; and,e. A description of the immediate response activities to be performed in the event of a spill or release to the groundwater discharge system in accordance with § 4.14(H) of this Part;4. Monitoring of Groundwater Discharge: A proposal for characterization of the groundwater discharge at the site, including:a. A schematic indicating the location of the groundwater discharge sampling point(s);b. The frequency of groundwater discharge sampling and the applicable sampling parameters; and,c. Any other pertinent information related to monitoring of the groundwater discharge;5. Monitoring of Groundwater: A proposal for characterization of the ambient groundwater quality at the site, including: a. The construction and installation of a minimum of 3 groundwater monitoring wells: no less than one well located hydraulically up-gradient of the groundwater discharge system and no less than two wells located hydraulically down-gradient of the groundwater discharge system;b. The frequency of groundwater sampling and the applicable sampling parameters;c. A site plan indicating the location and identification number of each groundwater monitoring well; and,d. Any other pertinent information related to groundwater quality monitoring at the site;6. Closure Plan: A plan for closure of the groundwater discharge system, detailing the on-site activities and procedures that may be performed to complete closure of the system in accordance with § 4.18(B) of this Part in the event of termination of the groundwater discharge.C. Waiver of Application Submittal: The Director shall waive the requirement to submit an application for a proposed groundwater discharge defined in §§ 4.6(E) and 4.6(F)(11) of this Part and any similarly defined discharges to the ground surface, provided the groundwater discharge system subject to these rules is reviewed as part of an active waste clean-up activity at a site that is subject to approval by the RIDEM Office of Waste Management. The owner of a facility with a proposed groundwater discharge system that is eligible for an application waiver must be in compliance with all other applicable provisions of these rules. Approval from the RIDEM Office of Waste Management for such discharge shall constitute approval pursuant to these rules. This waiver shall also apply where addition, expansion or other modification is proposed for a groundwater discharge system subject to an Approval under these rules that has received such approval from the Office of Waste Management.D. Notification of Installation: The owner shall submit to the Director within 30 days after completion of installation of a groundwater discharge system and groundwater monitoring wells subject to this rule, the following: 1. A Notification of Completion of Construction and Installation confirming that the construction and installation of the groundwater discharge system has been completed in accordance with the approved application and associated plans;2. Groundwater monitoring well boring logs and construction and installation details.E. Notification of Operation: The owner shall submit to the Director, a Notification of Commencement of a Groundwater Discharge within 30 days of the groundwater discharge system start-up.F. Analytical Characterization: The owner shall submit to the Director within 30 days of the groundwater discharge system start-up, a complete set of compliance monitoring results as required by the Groundwater Discharge System Approval. All compliance monitoring required by a Groundwater Discharge System Approval or the Director shall be performed in accordance with § 4.14 of this Part.G. Expiration of Approval: An Approval issued under § 4.10 of this Part for a groundwater discharge system that has not been constructed and installed shall expire 5 years from the date of issuance unless extended by a tolling period pursuant to R.I. Gen. Laws § 42-17.1-2.5. Once an Approval is expired, a new application and application fee shall be submitted for any proposed activity subject to these rules.H. Proposed Changes: Where addition, expansion or other modification as described in § 4.15 of this Part is proposed for a groundwater discharge system authorized under § 4.10 of this Part, the owner shall submit to the Director, an Application to Modify a Groundwater or Stormwater Discharge System and any other information required by the application or the Director. The Director may also require modification at any time, if new information that was not available at the time of issuance of a Groundwater Discharge System Approval would have justified the application of additional or different conditions. If at any time, the groundwater discharge or groundwater discharge system is modified to the extent that the analytical characterization or other measurement required by a Groundwater Discharge System Approval is incorrect or insufficient, a revised set of parameters shall be established by the Director.I. Other Information: The Director may, at any time, require the owner of a facility with a groundwater discharge system authorized under this rule to submit additional information, including analytical characterization of groundwater, in accordance with § 4.14 of this Part, or other information, to determine if the groundwater discharge has or may adversely impact the groundwater resources or cause or contribute to a violation of these rules. If the Director determines that the groundwater discharge or the groundwater discharge system does not meet the requirements for continued authorization under this rule, the owner may be required to cease discharge and close the groundwater discharge system in accordance with § 4.18(D) of this Part.J. Closure Requirements: Prior to closure of a groundwater discharge system authorized under § 4.10 of this Part, the owner shall submit to the Director, a Notification of Termination of a Groundwater Discharge, in accordance with § 4.18(B) of this Part, and any other information required by the Director.K. Unauthorized Discharge: The owner of a groundwater discharge system that has been operating without a Department approval shall apply for a Groundwater Discharge System Approval under § 4.10 of this Part. If it is determined by the Director that the owner is not eligible for approval, the owner shall cease the groundwater discharge and initiate closure activities in accordance with § 4.18(D) of this Part. Analytical characterization of the groundwater discharge system and/or surrounding groundwater shall be required prior to obtaining an Approval under these rules.250 R.I. Code R. 250-RICR-150-05-4.10