250 R.I. Code R. 250-RICR-150-10-6.41

Current through December 26, 2024

Section 250-RICR-150-10-6.41 - Alternative or Experimental Technology Approval

A. No person shall submit an OWTS design application incorporating an alternative or experimental component or technology for wastewater treatment unless such technology has been placed on the Department's approved Alternative or Experimental Technology List.

B. Administrative - The Department shall:

1. Maintain a list of all the approved Alternative or Experimental technologies and all approved guidance documents;

2. Charge fees to cover the cost of administering the Alternative or Experimental approval procedure, and reviewing, monitoring and tracking the performance of Alternative or Experimental technologies; and

3. Have the authority to remove any approved Alternative or Experimental technology from the Department's approved list whenever the applicant fails to submit reports or monitoring data; fails to perform required maintenance; or fails to fulfill any other required tasks stated within these Rules, the approval letter or the approved guidance document.

C. Application Procedure - Application shall be on forms approved by the Director, and shall include the proper fee, all required submittals, performance data and a draft guidance document that details all design, installation, operation and maintenance, and other requirements.

D. Alternative Technology Evaluation Criteria - The Director may approve an alternative OWTS or technology if it meets the following criteria:

1. Class One:

a. The vendor provides at least four (4) consecutive years of performance data per installation for no fewer than ten (10) installations with data collected no less frequently than quarterly that demonstrates that Department standards are met; and

b. The vendor demonstrates that the technology has been approved and utilized successfully for at least four (4) consecutive years in Rhode Island with no fewer than ten (10) installations or at least four (4) consecutive years in at least three (3) other jurisdictions with no fewer than ten (10) installations in each jurisdiction.

2. Class Two: Satisfy either §§ 6.41(D)(2)(a) or (b) of this Part below:

a. For any technology:

(1) The vendor provides at least two (2) consecutive years of performance data per installation for no fewer than ten (10) installations with data collected no less frequently than quarterly, that documents that Department standards are met;

(2) The vendor demonstrates a theory or applied research; and

(3) The vendor demonstrates that the technology has been approved and utilized successfully for at least two (2) consecutive years in Rhode Island or at least two (2) consecutive years in another jurisdiction with no fewer than ten (10) installations in each jurisdiction.

b. For a nitrogen reducing technology:

(1) The vendor provides certification that the technology meets NSF International/American National Standards Institute "Standard 245 - Wastewater Treatment Systems - Nitrogen Reduction," incorporated above at § 6.7(D) of this Part and the testing results show a preponderance of treated effluent nitrogen concentrations of nineteen (19) mg/l or less; or

(2) The vendor demonstrates approval for use in another jurisdiction in an area where the temperature conditions are similar to or colder than those in Rhode Island and with technology review criteria substantially equivalent to Class One or Class Two listed above in §§ 6.41(D)(1) or 6.41(D)(2)(a) of this Part. Substantially equivalent review in another jurisdiction shall be held to mean the other jurisdiction has a minimum nitrogen reduction standard of fifty percent (50%) reduction in total nitrogen concentration and a maximum effluent total nitrogen concentration of nineteen (19) milligrams per liter and the other jurisdiction has a review process in which the vendor's data is evaluated in light of a technology performance claim.

3. Only those alternative technologies that have been approved and are on the approved Alternative or Experimental Technology List shall be permitted by the Director.

E. Alternative OWTS Component Evaluation Criteria - The Director may approve an Alternative OWTS Component if it meets the following criteria:

1. Class One:

a. The applicant documents that applicable manufacturer' s and material standards are met;

b. The applicant provides at least two (2) consecutive years of performance data for no fewer than ten (10) installations that demonstrates Department standards are met, if applicable; and

c. The applicant demonstrates that the component has been approved and utilized successfully for at least two (2) consecutive years in Rhode Island or at least two (2) years in at least three (3) other jurisdictions for no fewer than ten (10) installations in each jurisdiction.

2. Class Two:

a. The applicant documents that applicable manufacturer's and material standards are met;

b. The applicant provides one (1) year of performance data for no fewer than ten (10) installations that demonstrates Department standards are met, if applicable;

c. The applicant demonstrates a theory or applied research; and

d. The applicant demonstrates that the component has been approved and utilized successfully for a minimum of one (1) year in Rhode Island or in at least one (1) other jurisdiction with no fewer than ten (10) installations.

3. Only those Alternative OWTS components that have been approved and are on the approved Alternative or Experimental Technology List shall be permitted by the Director.

F. Experimental Technology Evaluation Criteria - The intent of an Experimental Technology Approval is to evaluate, under actual field conditions, alternative OWTS that appear technically capable of providing levels of environmental protection at least equivalent to those provided by an OWTS installed in compliance with these rules. Data gathered under an Experimental Technology approval may be used to apply for Alternative Technology Class Two approval.

1. Site Selection - Experimental Technology vendors shall propose at least three (3) sites and no more than ten (10) sites where the technology will be applied. The technology may be approved for additional sites in future years if the vendor demonstrates the initial installations meet performance claims. Each location shall provide a suitable area for the installation of an OWTS permitted under these rules or an OWTS on the Department's approved Alternative Technology list. The Director reserves the right to waive this requirement for multi-family or commercial OWTSs.

2. The Director may approve an Experimental Technology if the vendor meets the following criteria:

a. Prior to the approval of any OWTS utilizing the Experimental Technology, the vendor shall supply data that demonstrates that the Experimental Technology will work in practice and in theory;

b. The vendor agrees in writing to retain a third (3^rd) party acceptable to the Department to conduct sampling on each of the OWTS with data collected no less frequently than quarterly to document that the Experimental Technology meets performance claims;

c. Substandard Performance - The vendor agrees in writing to the following conditions regarding the performance of the Experimental Technology:

(1) For OWTS Applications for New Building Construction and OWTS Applications for Alteration to a Structure where design flow is increased, the vendor must guarantee the performance of the Experimental Technology and provide for replacement with an OWTS on the Department's Alternative Technology List if the Department determines that the Experimental Technology fails to meet the performance claim(s) after two (2) years;

(2) For OWTS Applications for Repair and OWTS Applications for Alteration to a Structure where there is no increase in flow, the vendor or system owner may, at the Department's discretion, be required to repair, replace, or take any other action as required by the Department if the Department determines that the Experimental Technology fails to meet the performance claims after two (2) years or is found to be a failed OWTS.

d. Financial Responsibility - The vendor proposing the Experimental Technology, the property owner and subsequent purchasers shall submit a signed statement to the Director agreeing to repair, replace, or modify the Experimental Technology, including to install an OWTS permitted under these Rules or an OWTS listed on the Department's Approved Alternative Technology List if the Department determines that the Experimental Technology fails to perform as designed. The signed statement must clearly state who is responsible for the cost of repairing, replacing, or modifying the OWTS, whether through a bond or other form of financial security posted by the vendor and acceptable to the Director, or by the written agreement of the system owner to accept financial responsibility.

G. Review and Approval

1. The Director shall review the application and respond as follows:

a. Approve or deny the application as submitted;

b. Recommend resubmission of the application with modifications as proposed by the Director;

c. Recommend resubmission and reclassification under §§ 6.41(D) through (F) of this Part; or

d. Recommend both resubmission of the application with modifications and reclassification.

2. Technical Review - The Department shall establish an Onsite Wastewater

Treatment System Technical Review Committee (OWTS TRC) consisting of individuals with technical or scientific knowledge applicable to OWTS whose purpose is to provide technical advice to the Director. The Department shall select members for the OWTS Technical Review Committee from one (1) or more of the following organizations: Department of Environmental Management; CRMC or other State agencies; University/college academic communities; OWTS design and installation firms; Environmental organizations; Public utilities; Builders; Local municipalities; and other parties. At the request of the Director, the OWTS Technical Review Committee may review the application and submit recommendations on the proposed Alternative Technology, Alternative OWTS Component or Experimental Technology. Recommendations from the OWTS Technical Review Committee shall be submitted to the Director within ninety (90) days from the application date.

3. The Director may establish special conditions as necessary to ensure adequate protection of the public health and the environment in its approval of Alternative or Experimental Technologies. Such conditions may include without limitations: special qualification requirements for designers and installers; specification of site characteristics; or monitoring, testing and reporting requirements.

4. If the Alternative or Experimental Technology is approved by the Director, the applicant shall submit a finalized guidance document to the Director detailing all design, installation, operation and maintenance requirements. Once the guidance document has been approved, the applicant shall schedule one (1) or more training events for Licensed OWTS Designers and Licensed OWTS Installers. The Alternative or Experimental Technology shall be placed on the Department's list after the first (1^st) training event has been held. The Department shall maintain the approved Alternative or Experimental Technology List and maintain all appropriate guidance documents for the following:

a. Alternative or Experimental Technologies that are approved by the Director; and

b. Alternative OWTS Components that are approved by the Director.

H. Approved Alternative or Experimental Technologies

1. The Director may require any of the following:

a. Monitoring or sampling of any OWTS or OWTS component;

b. Submittal of evaluation reports when an OWTS or OWTS component's performance is evaluated; or

c. An annual report of all OWTS or component installations, failures and corrective action taken.

2. Persons desiring to modify an approved Alternative or Experimental Technology currently on the approved Alternative or Experimental Technology List shall make the request in writing and submit the following to the Department:

a. Documentation demonstrating the applicant's compliance with the terms or conditions of the original approval of the Alternative or Experimental Technology; and

b. Required fees, in accordance with § 6.54 of this Part for Alternative or Experimental Technology.

3. In order to remain on the Department's approved Alternative or Experimental Technology List, the applicant shall submit:

a. Application for renewal ninety (90) days before expiration of the certification;

b. Renewal fee in accordance with § 6.54 of this Part; and

c. Documentation that the applicant is in compliance with the requirements of these Rules and in compliance with the expiring certification.

I. OWTS Applications Utilizing Alternative or Experimental Technology - Once an Alternative or Experimental Technology application is approved, individual applications to design, construct, alter, or install a Department-approved Alternative or Experimental Technology may be submitted to the OWTS section of the Office of Water Resources.

1. All applicants obtaining an OWTS permit for a Department approved Alternative or Experimental Technology requiring special operation and maintenance procedures shall:

a. File a copy of the initially executed contract for the OWTS's operation and maintenance, (including all required maintenance procedures and monitoring schedules) with the land evidence records of the municipality in which the OWTS is located; and

b. Submit to the Department a certified copy of the recorded contract setting forth the date of the recordation and the book and page where the contract is located in the records of the municipal land evidence office.

2. The Department shall not issue a conformance until the documents in § 6.41(I)(1) of this Part are recorded with the municipality and a certified copy of the recorded contract is submitted to the Department.

250 R.I. Code R. 250-RICR-150-10-6.41

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