250 R.I. Code R. 250-RICR-150-10-1.6

Current through December 26, 2024

Section 250-RICR-150-10-1.6 - General Prohibitions

A. A RIPDES permit shall not be issued:

1. When the conditions of the permit do not provide for compliance with the applicable requirements of the State and Federal Acts or regulations;

2. For the discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste;

3. When the imposition of conditions cannot ensure compliance with the applicable water quality requirements of all affected states;

4. When the Regional Administrator has objected to the issue of the permit in accordance with the Memorandum of Agreement;

5. When, in the judgement of the United States Secretary of the Army, anchorage and navigation in or on any of the waters of the United States could be substantially impaired by the discharge;

6. For any discharge, inconsistent with a plan or plan amendment approved under 33 U.S.C. § 1288(b) (Section 208(b) of the Clean Water Act);

7. For any discharge to the territorial sea, the waters of the contiguous zone, or the oceans in the following circumstances:

a. Before the promulgation of guidelines under 33 U.S.C. § 1343(c) (Section 403(c) of the Clean Water Act) (for determining degradation of the waters of the territorial seas, the contiguous zone, and the oceans) unless the Director determines permit issuance to be in the public interest; or

b. After promulgation of guidelines under 33 U.S.C. § 1343(c) (Section 403(c) of the Clean Water Act), when insufficient information exists to make a reasonable judgement whether the discharge complies with them.

B. To a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards. The owner or operator of a new source or new discharger proposing to discharge into a water segment which does not meet applicable water quality standards or is not expected to meet those standards even after the application of the effluent limitations required by, 33 U.S.C. § 1311(b)(1)(A) and 1311(b)(1)(B) (Section 301(b)(1)(A) and 301(b)(1)(B) of the Clean Water Act) and for which the State or interstate agency has performed a pollutant load allocation for the pollutants to be discharged, must demonstrate, before the close of the public comment period, that:

1. There are sufficient remaining pollutant load allocations to allow for the discharge; and

2. The existing dischargers into that segment are subject to compliance schedules designed to bring the segment into compliance with applicable water quality standards.

250 R.I. Code R. 250-RICR-150-10-1.6