Section 250-RICR-150-10-6.53 - AppealsA. Right to Appeal - Any person whose permit application is denied may appeal to the Director for review of the decision on which the denial is based by filing an appeal with the Administrative Adjudication Division.B. Filing of Appeal - All appeals shall be in writing and shall be filed with the Department's Administrative Adjudication Division within thirty (30) calendar days of receipt of the denial of the subject application.C. Contents of Appeal - Every appeal shall contain:1. A detailed basis upon which the appeal is taken;2. A plat plan of the area of the subject application;3. A list of the names and addresses of: b. The municipality in which the property is located;c. The owner of any surface water supply as identified by § 6.42(C) of this Part, if applicable; andd. The owners of record of real property within two hundred feet (200') of any component of the applicant's proposed OWTS; and4. A certified check, bank draft or money order in the amount of one thousand five hundred dollars ($1,500) in accordance with § 6.54(D) of this Part.D. Notice of Administrative Hearing - Upon the filing of an appeal with the Administrative Adjudication Division, and once the hearing schedule allows, the Administrative Adjudication Division shall notify the following, by first class mail, of the date, time and place of the adjudicatory hearing, in conformance with R.I. Gen. Laws § 42-35-9: the applicant; the municipality in which the property is located; the owner of any surface water supply as identified by § 6.42(C) of this Part, if applicable; and the owners of record of real property within two hundred feet (200') of any component of the applicant's proposed OWTS.E. Conduct of Hearing - The notice and conduct of the hearing by the Department of Environmental Management, Administrative Adjudication Division, shall comply in all respects with the provisions of the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35, and the Rules of Practice and Procedure for the Administrative Adjudication Division for Environmental Matters, Part 20-00 -1 of this Title.F. Burden of Proof - At the adjudicatory hearing, the applicant shall have the burden of proof to demonstrate through clear and convincing evidence that: 1. A literal enforcement of the Rules will result in unnecessary hardship;2. That the OWTS will function as proposed in the application; and3. That the issuance of a permit will not be contrary to the public interest, public health and the environment. In order to demonstrate that the proposed OWTS will not be contrary to the public interest, public health and the environment, the applicant must introduce clear and convincing evidence to the satisfaction of the Director that: a. The waste from the proposed OWTS will not be a danger to public health;b. The OWTS to be installed will be located, operated and maintained so as to prevent the contamination of any drinking water supply or tributary thereto;c. The waste from the proposed OWTS will not pollute any watercourse;d. The waste from the proposed OWTS will not interfere with the public use and enjoyment of any recreational resource; and e. The waste from the proposed OWTS will not create a public or private nuisance.G. The Director may approve a permit or grant a variance from a provision of these Rules, except for the prohibitions in § 6.9 of this Part, where it is determined by the Director that: 1. A literal enforcement of such provisions will result in unnecessary hardship to the applicant;2. That the OWTS will function as proposed in the application; and3. That the permit or variance sought will not be contrary to the public interest, public health and the environment.H. The decision of the Director may contain such terms and conditions as deemed necessary to protect the public interest, public health and the environment.250 R.I. Code R. 250-RICR-150-10-6.53
Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022