Section 250-RICR-150-10-6.42 - Critical Resource Areas - GeneralA. Areas have been identified as critical resource areas which are deemed to be particularly sensitive to the detrimental effects of nutrients, pathogenic organisms, organic chemicals and other substances that may be present in effluent from OWTSs. These areas are in need of special protection from such effects due to the unique and irreplaceable value of the resource as a public water supply, fisheries habitat or public recreation area.B. Standards for siting and design of OWTSs in these §§ 6.42, 6.43, and 6.44 of this Part are established to enhance the treatment capability of OWTSs and thereby reduce the potential for adverse effects to critical resources. In areas designated as critical resources, the standards of §§ 6.42, 6.43, and 6.44 of this Part shall supersede minimum standards wherever applicable.C. Designation - Areas designated as critical resource areas are defined below in §§ 6.42(C)(1) through (3) of this Part. If the applicant disputes a delineation in §§ 6.42(C)(1) through (3) of this Part, the applicant may submit information on groundwater or surface water flow to demonstrate to the Director by a preponderance of clear and scientifically valid evidence that the delineation in question is incorrect. 1. Salt Pond Critical Resource Area: The watersheds, or portion thereof, to the salt ponds of Charlestown, Narragansett, South Kingstown, and Westerly as determined by the Rhode Island Coastal Resources Management Council's Salt Ponds Region Special Area Management Plan (See § 6.86 of this Part, Figure 28), unless a determination of the groundwater recharge area to the salt ponds has been adopted by the Department and the Coastal Resources Management Council. The Salt Pond Critical Resource Area includes the watersheds, or portion thereof, to the following: Maschaug Pond, Winnapaug Pond, Quonochontaug Pond, Ninigret Pond, Green Hill Pond, Trustom Pond, Cards Pond, Potter Pond, and Pt. Judith Pond.2. Narrow River Critical Resource Area: The Narrow River watershed, or portion thereof, as determined by the Rhode Island Coastal Resources Management Council's Narrow River Special Area Management Plan (See § 6.87 of this Part, Figure 29), unless a determination of the groundwater recharge area to the Narrow River has been adopted by the Department and the Coastal Resources Management Council.3. Drinking Water Supply Watersheds: Watersheds of public water system drinking water supply reservoirs, unless a determination of the groundwater recharge area to the reservoir has been adopted by the Department. The public water systems include the following and any other public water system with a drinking water supply reservoir approved by the Rhode Island Department of Health (See §§ 6.88 through 6.91 of this Part, Figures 30-33) : Cumberland (town of), Eleanor Slater Hospital/Zambarano Unit, Jamestown (town of), New Shoreham (town of), Newport (city of), Pawtucket Water Supply Board, Providence Water Supply Board, Stone Bridge Fire District, Woonsocket (city of), and Yawgoog Scout Reservation.D. OWTS Location - The applicant shall be required to certify the location of a disposal area with respect to any Critical Resource Area. If the Department determines that an OWTS may be wholly or partially located within a Critical Resource Area, the applicant shall be required to provide evidence of the location with respect to the critical resource.E. OWTS Applications for Alteration to a Structure in Critical Resource Areas - An OWTS Application for Alteration to a Structure which will result in an increase in the flow or change in the type of wastewater within a Critical Resource Area may not be approved unless the OWTS meets all design and siting requirements of the Rules in effect at the time of permit application. The Department may grant an exemption to this provision through the variance process pursuant to § 6.51 of this Part if it is demonstrated that the deviation from the standard is minor.250 R.I. Code R. 250-RICR-150-10-6.42
Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022