Section 250-RICR-150-05-4.9 - Groundwater Discharge System RegistrationA. The owner of a facility with a proposed groundwater discharge identified in §§ 4.9(A)(1) through (3) of this Part shall obtain a Groundwater Discharge System Registration prior to the initiation of construction and installation of a groundwater discharge system and shall comply with all requirements of § 4.9 of this Part. Upon review of an application for registration, the Director may determine that due to the nature of the proposed groundwater discharge, the owner shall apply for and obtain a Groundwater Discharge System Approval pursuant to § 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)(1) through (8) of this Part, which are associated with a commercial, industrial or institutional activity that does not have contact with any chemical process(es). Registration may be waived for a similar discharge to the ground surface where the Director has determined that the discharge will not result in an impact to groundwater resources or cause or contribute to a violation of these rules;2. A groundwater discharge associated with open-loop geothermal activities at commercial, industrial or institutional facilities. The owner shall comply with the requirements of §§ 4.9(D) and (E) of this Part; 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: The owner shall submit to the Director, an Application for a Groundwater Discharge System Registration, 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: Notwithstanding a groundwater discharge identified in § 4.9(A)(2) of this Part, a determination of the seasonal high groundwater table elevation completed by: a. A Class IV Soil Evaluator licensed and conducted pursuant to the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance for Onsite Wastewater Treatment Systems Subchapter 10 Part 6 of this Chapter; or,b. A Class IV Soil Evaluator or a Rhode Island Professional Engineer using the following general method: the collection of groundwater levels and other data from test holes located within 25 feet of the groundwater discharge system, pursuant to the wet season determination procedures in the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance for Onsite Wastewater Treatment Systems Subchapter 10 Part 6 of this Chapter.2. Setback and Separation Requirements: The application shall identify where applicable, the following setback and separation distances from a proposed groundwater discharge system: RECEPTOR | MINIMUM SETBACK (in feet) |
Public Drinking Water Well (Sand & Gravel) | 400 |
Public Drinking Water Well (Bedrock) | 200 |
Surface Drinking Water Impoundment | 200 |
All Other Surface Water | 100 |
Private Drinking Water Well | 100 |
Onsite Wastewater Treatment System | 25 |
Other Groundwater Discharge System | 25 |
Property Lines | 10 |
Building Footing | 10 |
Water Table (not applicable to geothermal return flow wells and site-specific aquifer remediation wells) | 3 feet vertical separation from the bottom of the infiltration system to the seasonal high groundwater table |
C. Exemption from Registration: The construction and installation of a residential open-loop geothermal system is exempt from the registration requirement under this rule. The owner of such system shall comply with the requirements in § 4.9(D) of this Part.D. Open-Loop Geothermal Activities: The owner of a groundwater discharge system identified in §§ 4.9(A)(2) of this Part or 4.9(C) of this Part shall comply with the following: 1. All geothermal well construction and installation activities shall be conducted by a well driller registered or licensed pursuant to the Rhode Island Contractor's Registration and Licensing Board;2. A Rhode Island Well Completion Report shall be submitted to the Director within 30 days of completion of construction and installation for each geothermal well; and,3. All geothermal well closure activities shall be completed pursuant to the RIDEM Groundwater Quality Rules Part 3 of this Subchapter.E. Analytical Characterization for Open-Loop Geothermal Activities: The owner of a groundwater discharge system identified in § 4.9(A)(2) of this Part shall submit to the Director, prior to system start-up and no later than 30 days from the date of completion of construction and installation of the well(s), an analytical characterization of the groundwater quality at the location of the groundwater discharge system, as determined by the Director and performed in accordance with § 4.14 of this Part.F. The Director may, at any time, require the owner of a facility with a groundwater discharge system authorized under this rule to submit analytical characterization of a groundwater discharge, 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 characterized under §§ 4.9(E) or (F) of this Part does not meet the requirements for continued authorization under this rule, the owner, if eligible, may apply for a Groundwater Discharge System Approval under § 4.10 of this Part within 30 days of the determination or may be required to cease discharge and close the groundwater discharge system in accordance with § 4.18(D) of this Part.G. Notification of Installation: The owner shall submit a Notification of Completion of Construction and Installation to the Director within 30 days after completion of construction and installation of a groundwater discharge system, confirming that construction and installation has been completed in accordance with the approved application, associated plans and specifications and these rules.H. Expiration of Registration: A Registration issued under § 4.9 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 otherwise extended by a tolling period pursuant to R.I. Gen. Laws § 42-17.1-2.5. Once a Registration is expired, a new application and application fee shall be submitted for any proposed activity subject to these rules.I. 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 § 4.9 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 Registration would have justified the application of additional or different conditions.J. Closure Requirements: Prior to closure of a groundwater discharge system authorized under § 4.9 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 Registration under § 4.9 of this Part. If it is determined by the Director that the owner is not eligible for registration, the owner shall cease the groundwater discharge and initiate closure activities in accordance with § 4.18(C) of this Part. Analytical characterization of the groundwater discharge system and/or surrounding groundwater may be required prior to obtaining a Registration under these rules.250 R.I. Code R. 250-RICR-150-05-4.9