250 R.I. Code R. 250-RICR-150-10-6.18

Current through December 26, 2024

Section 250-RICR-150-10-6.18 - OWTS Applications

A. Applicant's Responsibilities - The applicant shall be responsible for providing all information required by these Rules in a complete, accurate, clear and legible manner. The applicant for an OWTS must be the owner or owners of the property or easement that is the subject of the application, or it must be the person who holds a valid purchase and sales agreement for said property.

B. Designer's Responsibility - Class I, II and III Licensed Designers shall design an OWTS for a site that is in compliance with these Rules. The design shall be based on the information provided in the soil evaluation report. This design shall be submitted to the Director in accordance with §§ 6.18 and 6.19 of this Part.

C. Local Ordinances - It is the applicant's responsibility to ensure that the OWTS application to the Department is in compliance with local ordinances regarding the location, design, construction and maintenance of an OWTS prior to submission to the Department. City or Town Councils may petition the Department to require municipal review for compliance with local ordinances prior to DEM initiating its review. The petition must state the local standard(s), as embodied in local ordinance, that is more stringent than the standard(s) in these Rules and the municipal official responsible for local review. In municipalities where the petition has been approved, applicants must submit documentation to DEM on forms approved by DEM that the municipality has certified that the application is in compliance with all local ordinances.

D. OWTS Suitability Determination - An OWTS Suitability Determination is a determination as to whether or not an existing OWTS is suitable for a proposed building construction, renovation or change of use so as to protect public health and the environment. For OWTS with no available records, a Class II or Class III Licensed Designer may prepare an engineering analysis that must show the OWTS complies with current Rules. An OWTS Suitability Determination Application may be submitted to the Department in order to determine the applicability of this Rule. OWTS suitability is determined by the following:

1. Excluding holding tanks, for OWTSs where all components have been installed with State approval on or after April 9, 1968:

a. The OWTS is suitable and no application to the Department is necessary for any building construction, renovation or change in use, that, for residential uses, does not result in an increase in the number of bedrooms in a residential structure beyond the number in the original State approval; or, for all other uses, an increase in the wastewater flow greater than the OWTS approved design flow for any OWTS. However, the OWTS is unsuitable and an OWTS Application for New Building Construction or an OWTS Application for Alteration to a Structure, whichever is applicable, must be submitted when any of the following in §§ 6.18(D)(1)(a) ((1)) through ((3)) of this Part apply, even if there is no increase in number of bedrooms or increase in flow:

(1) Whenever the proposed construction or renovation changes the structure's footprint such that the OWTS is not in compliance with these Rules;

(2) If the proposed change of use is from a facility that does not prepare food to a restaurant or other facility that prepares food; or

(3) For a change in use, if the OWTS for the new use meets the definition of a large OWTS pursuant to § 6.39(A) of this Part.

b. The OWTS is unsuitable if the OWTS is located within the Salt Pond or Narrow River Critical Resource Areas, includes any existing components permitted and installed prior to February 6, 2002, and does not utilize nitrogen reducing technology in accordance with § 6.43(B) of this Part at the time of application and the applicant proposes building construction or renovation meeting any of the conditions listed below in §§ 6.18(D)(1)(b) ((1)) and ((2)) of this Part. In-kind (i.e. same number of bedrooms) replacement of mobile homes in a licensed mobile and manufactured home park is exempt from § 6.18(D)(1)(b) of this Part.

(1) Increasing the total enclosed area of the structure by more than six hundred (600) square feet. All construction on each floor shall be counted towards the six hundred (600) square foot total for the structure. Any change to the building footprint shall not encroach on the setback distances established in § 6.23 of this Part so as to require physical modification of the OWTS. Garages are exempt from § 6.18(D)(1)(b) ((1)) of this Part provided they do not encroach on the setback distances established in § 6.23 of this Part; or

(2) Involves demolition or replastering or replacement of interior wallboard, interior walls, ceilings, flooring, windows, plumbing fixtures, electrical wiring or kitchen cabinetry, which in total affects over fifty percent (50%) or more of the living area of the existing structure.

c. The OWTS is unsuitable for any building construction, renovation, or change of use, that results in an increase in the number of bedrooms in a residential structure beyond the number in the original State approval; or an increase in the wastewater flow greater than the OWTS approved design flow for any OWTS. An OWTS Application for New Building Construction or an OWTS Application for Alteration to a Structure shall be required in accordance with §§ 6.18(E) or (F) of this Part, respectively, whichever is applicable, before the proposed building construction, renovation or change of use may be allowed.

2. For OWTSs where any existing components have been installed without State approval, holding tanks, cesspools, and OWTSs installed prior to April 9, 1968: Whenever a person proposes any building construction, renovation, or change of use (as defined in § 6.8 of this Part) of a structure served by such an OWTS, the OWTS is unsuitable and shall be upgraded to the standards herein. An OWTS Application for New Building Construction or an OWTS Application for Alteration to a Structure shall be required in accordance with §§ 6.18(E) or (F) of this Part, respectively, whichever is applicable. For the purposes of this Rule, the terms "building construction" and "building renovation" shall be defined as any addition, replacement, demolition and reconstruction, or modification of a structure on the subject property which:

a. Results in any increase in wastewater flow into the OWTS, which for residential structures is equivalent to the addition of one (1) or more bedrooms;

b. Involves demolition or replastering or replacement of interior wallboard, interior walls, ceilings, flooring, windows, plumbing fixtures, electrical wiring or kitchen cabinetry, which in total affects over fifty percent (50%) or more of the living area of the existing structure. In-kind (i.e. same number of bedrooms) replacement of mobile homes in a licensed mobile and manufactured home park is exempt from § 6.18(D)(2)(b) of this Part;

c. Involves adding an additional floor level or portion of floor level to the structure; or

d. Increases the footprint of enclosed space of the structure. Garages are exempt from § 6.18(D)(2)(d) of this Part provided they do not encroach on the setback distances established in § 6.23 of this Part. In-kind (i.e. same number of bedrooms) replacement of mobile homes in a licensed mobile and manufactured home park is exempt from § 6.18(D)(2)(d) of this Part.

3. Imminent Sewer Exemption - An owner subject to the requirements of §§ 6.18(D)(1)(a) ((1)) through ((3)), § 6.18(D)(1)(b), § 6.18(D)(1)(c), or § 6.18(D)(2) of this Part whose property is proposed to be served by a public wastewater system in the future shall be exempt from those requirements, provided an OWTS Suitability Determination Form is submitted to the local building official demonstrating that all of the conditions in §§ 6.18(D)(3)(a) and (b) of this Part are met. A copy of the completed form shall be provided to the Department. In order to claim exemption, the owner must:

a. Provide a letter demonstrating that the municipality holds a form of financial surety for expansion of a public wastewater system to the area of the structure served by the OWTS within five (5) years of the date of the submission of the OWTS Suitability Determination Form; and

b. Certify that:

(1) The OWTS is not failed;

(2) For a residential structure, any increase in wastewater flow to the OWTS is limited to that equivalent to one (1) bedroom. For all other uses, no increase in wastewater flow to the OWTS is allowed; and

(3) The structure will be connected within sixty (60) days of the public wastewater system becoming available.

E. OWTS Application for New Building Construction - All OWTS Applications for New Building Construction shall be made in conformance with all requirements under these Rules. Applications not in conformance with these Rules may be approved only through the variance procedures set forth in § 6.51 of this Part.

1. An OWTS Application for New Building Construction shall be made whenever an applicant proposes to:

a. Construct a new structure from which wastewater will be disposed of by means of an OWTS;

b. Modify a structure, not previously permitted to dispose of wastewater, to require the disposal of wastewater to an OWTS;

c. Increase wastewater flow to an OWTS by an amount greater than twenty-five percent (25%) of the original design flow with all flows adjusted using the design flows in § 6.22 of this Part, provided that using the design flows and loading rates in these Rules would result in a leachfield larger than that previously approved by the Department; or

d. Add more than one (1) bedroom.

2. All plans and specifications for an OWTS Application for New Building Construction shall be prepared by a Class II or Class III Licensed Designer in accordance with §§ 6.10 and 6.11 of this Part.

3. No person shall submit applications, plans and specifications to the Director for an OWTS for New Building Construction without first obtaining the Director's acceptance of a soil evaluation or field concurrence with the soil evaluation in accordance with § 6.16 of this Part. If the Director concurs with the determination of the soil evaluation in accordance with § 6.16(E)(3)(a) of this Part and the soil conditions meet the minimum requirements of these Rules, the soil evaluation may be submitted with the application for an OWTS permit.

F. OWTS Application for Alteration to a Structure

1. An OWTS Application for Alteration to a Structure shall be made whenever an applicant proposes any physical alteration to a structure that meets any of the following:

a. In the case of a residence, the addition of not more than one (1) bedroom;

b. In all other cases, an increased flow of wastewater in an amount less than or equal to twenty-five percent (25%) of the original design flow adjusted using the design flows in § 6.22 of this Part provided that using the design flows and loading rates in these Rules would result in a leachfield larger than that previously approved by the Department; or

c. If the OWTS is determined to be unsuitable pursuant to § 6.18(D) of this Part with no increase in flow.

2. All plans and specifications for an OWTS Application for Alteration to a Structure shall be prepared by a Class II or Class III Licensed Designer in accordance with §§ 6.10 and 6.11 of this Part. The Director reserves the right to require that the plans and specifications for an OWTS Application for Alteration to a Structure be prepared by a Class III Licensed Designer.

3. No person shall submit applications, plans and specifications to the Director for an OWTS for an Alteration to a Structure without first obtaining the Director's acceptance of a soil evaluation or field concurrence with the soil evaluation in accordance with § 6.16 of this Part. If the Director concurs with the determination of the soil evaluation in accordance with § 6.16(E)(3)(a) of this Part and the soil conditions meet the minimum requirements of these Rules, the soil evaluation may be submitted with the application for an OWTS permit.

4. Applicants shall meet the requirements of these Rules to the greatest extent possible. The applicant shall identify which Rules, if any, the proposed OWTS fails to meet. If necessary, certain requirements under these Rules may be relaxed at the discretion of the Director, provided that the applicant considers the Department approved alternative or experimental technology in accordance with § 6.41 of this Part that may allow the applicant to meet most of the requirements of these Rules. The protection of the public health and the environment shall be given priority over all other considerations. Nothing herein shall prevent the Director from requesting additional information or imposing any requirement under these Rules. Variance application procedures will only apply to OWTS Applications for Alteration to a Structure that propose an increase in wastewater flow. OWTS Applications for Alteration to a Structure that include a request for a variance from the provisions of these Rules are exempt from the notification requirements in § 6.51(F)(1) of this Part.

G. OWTS Application for Repair - An application for a repair of any OWTS, or any component thereof, shall be made when an OWTS or component has failed, as defined by § 6.8 of this Part. An application for repair shall not propose any change of use, building renovation pursuant to §§ 6.18(D)(2)(a) through (d) of this Part, or any increased flow to the OWTS. The Department may allow an OWTS Application for Repair to be submitted when, after the effective date of these Rules, a fire or other catastrophic occurrence necessitates that a structure served by an OWTS be replaced. The applicant may also submit an OWTS Application for Repair when the property owner desires to upgrade or modernize the OWTS (e.g., replacement of cesspool).

1. All plans and specifications for an OWTS application for Repair shall be prepared by a Class I, II or III Licensed Designer in accordance with §§ 6.10 and 6.11 of this Part. The applicant is not required to have a soil evaluation pursuant to § 6.16 of this Part prepared unless the Department specifies otherwise. The Director reserves the right to require that the plans and specifications for a repair be prepared by a Class II or Class III Licensed Designer.

2. Applicants shall meet the requirements of these Rules to the greatest extent possible. If necessary, certain requirements under these Rules may be relaxed at the discretion of the Director, provided that such modification is consistent with the protection of the public health and the environment. In reviewing any request for relaxation of these Rules, the protection of the public health and the environment shall be given priority over all other considerations.

3. Deep concrete chambers will not be permitted for OWTS Applications for Repair where another type of leachfield designed in accordance with §§ 6.33, 6.34, and 6.35 of this Part can be sited and is deemed acceptable by the Department. The Licensed Designer must demonstrate that the repair alternatives to a deep concrete chamber, other than a bottomless sand filter or pressurized shallow narrow drainfield, are not feasible.

4. Exemptions for OWTS Application for Repair - Under the limited circumstances in §§ 6.18(G)(4)(a) through (e) of this Part, an OWTS Application for Repair will not be necessary prior to repairing the OWTS. Any repair or installation work done in accordance with §§ 6.18(G)(4)(a) through (e) of this Part that is found not to be in compliance with these Rules, will have to be corrected and will be considered a violation of these Rules.

a. Septic Tank Replacement - When a crushed tank or other failure necessitates replacement to maintain wastewater handling capacity at a facility and averting a public health threat, the installer must receive verbal authorization from the Department prior to septic tank installation and the owner must submit a proper and complete repair application by the end of the next business day.

b. Building Sewer - Replacing a crushed or otherwise repairing a faulty building sewer between the building and the septic tank does not require prior authorization of the Department or notification to the Department once the work is completed.

c. Access Openings - The following work on access openings does not require prior authorization of the Department or notification to the Department once the work is completed:

(1) Installation of access openings to finished grade; and

(2) Compliance with the requirements to upgrade the cover of existing tanks that have access openings to finished grade in accordance with §§ 6.26(L), 6.27(O), 6.29(G), 6.30(H), and 6.35(H)(2)(d) of this Part.

d. Retrofitting for a septic tank effluent screen - Such work does not require prior authorization of the Department or notification to the Department once the work is completed.

e. In-kind emergency replacement of a failed mechanical or electrical device does not require prior authorization of the Department or notification to the Department once the work is completed.

H. Unacceptable Application - When the Department determines that an application is unacceptable for any reason, the applicant has one (1) year from the date of the unacceptable notice to correct all deficiencies identified by the Department. However, if any of the deficiencies are related to an application to the DEM Freshwater Wetlands Program or a Rhode Island Department of Health Public Drinking Water New Source Approval Application, the applicant has two (2) years from the date of the unacceptable notice to correct all deficiencies identified by the Department. If all of the deficiencies are not corrected in the time specified above, the applicant must submit a new application and application fee.

I. Suspension of Application Process - The Department may, at its discretion, suspend the processing of an application if the property that is the subject of the OWTS Application is the subject of any unresolved violation of these Rules, or which is the subject of any non-compliance with a Department, administrative, or judicial consent agreement, order, or judgment. The Department shall notify the applicant in writing of the suspension.

J. Public Records - All applications received by the Department of Environmental Management are subject to the Public Records Act, R.I. Gen. Laws Chapter 38-2, and are available in accordance with the Act for public inspection and copying at the OWTS Program of DEM between the hours of 8:30 AM and 4:00 PM; a prior appointment may be required. A fee for such copying shall be charged in accordance with R.I. Gen. Laws § 38-2-4.

250 R.I. Code R. 250-RICR-150-10-6.18

Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022