Section 250-RICR-150-10-6.43 - Requirements in the Salt Pond and Narrow River Critical Resource AreasA. For OWTSs located in the Salt Pond and Narrow River Critical Resource Areas as defined in §§ 6.42(C)(1) and (2) of this Part, respectively, the standards established in §§ 6.42 and 6.43 of this Part shall supersede minimum standards established elsewhere in these Rules.B. Nitrogen Reducing Technology 1. Nitrogen reducing technology shall be required for all OWTS Applications for New Building Construction, all OWTS Applications for Alteration to a Structure, and OWTS Applications for Repair in the Salt Pond and Narrow River Critical Resource Areas. DEM may waive this requirement for Applications for Repair involving only the replacement of the septic tank if the applicant demonstrates that the leachfield is not failed based on the criteria in § 6.8 of this Part, met the Rules in effect when the leachfield was installed, and is located more than two hundred feet (200') from a coastal shoreline feature. Applicants must still meet all CRMC established density and other requirements where applicable.2. Use of Composting Toilets - Composting toilets meeting the criteria of § 6.40 of this Part may be approved for use as a nitrogen reducing technology provided that: a. Solid and liquid residuals produced by the composting toilet are removed from the site and properly disposed of at an approved facility beyond the boundary of the Salt Pond and Narrow River Critical Resource Area;b. All blackwater from the structure must receive treatment via the composting toilet; andc. All liquid residuals are directed to a holding tank consistent with § 6.40(C) of this Part.3. Exemptions for Applications for Repair - The provisions of § 6.43(B)(1) of this Part may not apply to an OWTS Application for Repair if the Municipality where the OWTS is located: a. Adopts an ordinance that the Department determines reduces the long-term nitrogen load to the Salt Ponds or Narrow River equivalent to or more than the provisions of § 6.43(B)(1) of this Part; andb. Enters into a legally binding agreement with the Department and petitions the Department for prior review of pertinent applications pursuant to § 6.18(C) of this Part.C. Location - The horizontal distances between the parts of any OWTS and the feature requiring a setback shall not be less than those shown in §§ 6.23(B) and (D) of this Part.D. Site Suitability - OWTS shall not be located where the seasonal high groundwater table is within five feet (5') of the original ground surface, or where a restrictive layer or bedrock is within seven feet (7') of the original ground surface, except in areas where the seasonal high groundwater table is within two (2') to five feet (5') of the original ground surface, or where a restrictive layer or bedrock is within four (4') to seven feet (7') of the original ground surface and either of the following in §§ 6.43(D)(1) or (2) of this Part occur. Twenty-five feet (25') shall be maintained from the leachfield to any area where the groundwater table is less than two feet (2') to the original ground surface, or where bedrock is less than four feet (4') to the original ground surface. 1. Application is for an Alternative or Experimental OWTS approved pursuant to § 6.41 of this Part for use under these conditions; or2. Application is for a dispersal trench OWTS that meets the following conditions: a. The maximum depth of stone below the distribution pipe invert is one half of a foot (0.5'); andb. The minimum distance between walls of adjacent dispersal trenches is ten feet (10').E. OWTS Vertical Separation Distance to Groundwater - The bottom of the stone underlying the leachfield (or surface upon which the biomat develops) shall be at least four feet (4') above the seasonal high groundwater table when either soil category 1, 2, 3, 4, or 6 are encountered in determining the maximum leachfield loading rate in accordance with § 6.33(B)(2) of this Part.250 R.I. Code R. 250-RICR-150-10-6.43
Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022