250 R.I. Code R. 250-RICR-150-10-1.51

Current through December 26, 2024

Section 250-RICR-150-10-1.51 - Stays of Contested Permit Conditions

A. If a request for an adjudicatory hearing of a permit under § 1.50 of this Part is granted, an appeal from any effluent limitation, water quality standard or other applicable standard shall not automatically result in staying the conditions challenged. During the duration of such an appeal, the contested condition shall remain in full force and effect unless a stay is granted by the Chief of the Office of Water Resources on formal application by the permittee. In exercising his/her discretion on such stay requests the Chief shall consider the following factors:

1. Pollution source and impacted ecosystem(s);

2. Technological impediments to either immediate or phased-in compliance; or

3. Economic impacts of immediate or phased-in compliance including the benefits of capital purchases and employment increases required for such compliance.

B. Where the Chief of the Office of Water Resources determines that immediate compliance would result in irreparable economic dislocation, while not required to preserve irreplaceable environmental resources, he/she shall direct that compliance with the effluent limitation, water quality standard or other applicable standard be phased into effect, partially stayed or entirely stayed pending resolution of the permittee's appeal.

C. Any facility or activity holding an existing permit must:

1. Comply, at minimum, with the conditions of that permit during any modification or revocation and reissuance proceeding under § 1.37 of this Part; and

2. To the extent conditions of any permit are stayed under this section, comply with the conditions of the existing permit which correspond to the stayed conditions, unless compliance with the existing conditions would be technologically incompatible with compliance with other conditions of the new permit which have not been stayed, as determined by the Department in accordance with §§ 1.51(A) and 1.51(B) of this Part.

D. If a request for an adjudicatory hearing of a permit regarding the initial permit issued for a new source, a new discharger, or a recommencing discharger is granted under § 1.50 of this Part, the applicant shall be without a permit pending final Departmental action. Wherever a source subject to this paragraph has received a final permit which is the subject of a hearing request, the Administrative Hearing Officer, on motion by the source, may issue a temporary order authorizing it to begin operation before final Departmental action if it complies with all conditions of that final permit during the period until final Departmental action. The Administrative Hearing Officer may grant such a motion in any case where:

1. No party opposes it; or

2. If a party opposes the motion but the source demonstrates that:

a. it is likely to prevail on the merits;

b. irreparable harm to the environment will not result pending final agency action if it is allowed to commence operations before final agency action; and

c. the public interest requires that the source be allowed to commence operations. All the conditions of any permit covered by that order shall be fully effective and enforceable.

250 R.I. Code R. 250-RICR-150-10-1.51