250 R.I. Code R. 250-RICR-150-10-6.9

Current through December 26, 2024

Section 250-RICR-150-10-6.9 - Prohibitions

A. No individual shall prepare plans, applications, certifications or specifications for the design of an OWTS that is to be submitted to the Department pursuant to these Rules, unless such individual has a valid license in accordance with the provisions of these Rules to conduct such activity.

B. No individual shall install, construct, alter, or repair an OWTS pursuant to these Rules unless such individual has a valid license in accordance with the provisions of these Rules to conduct such activity. This prohibition does not apply to a property owner installing, constructing, altering, or repairing an OWTS to serve a building the owner occupies or will occupy as the owner's intended permanent domicile, provided that the owner has obtained written permission for that work and has obtained the Director's approval of the plans and specifications for that work prior to the start of any construction.

C. No person shall install, construct, alter or repair or cause to be installed, constructed, altered or repaired any OWTS without first obtaining the Director's written approval of the plans and specifications for such work and without adhering to each and every term of the approval. OWTS repairs in accordance with § 6.18(G)(4) of this Part are exempt from this prohibition.

D. No person shall utilize an OWTS permitted under these Rules:

1. In a manner that causes wastewater flow to exceed the OWTS's design capacity;

2. For other wastewater that doesn't meet the definition in § 6.8 of this Part; or

3. In a manner that does not conform with the terms of the Department issued permit.

E. Use of a failed OWTS is prohibited except in accordance with the requirements of an enforcement notice or order issued by the Director.

F. No person shall install an OWTS leachfield in an area designated as a freshwater wetlands jurisdictional area defined pursuant to Subchapter 15 Part 3 of this Chapter, Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act unless approved by the DEM Freshwater Wetlands Program or specifically exempted by Regulation or are otherwise allowed by Rule.

G. No person shall discharge or allow the entrance of wastewater, treated or untreated, into any watercourse, nor shall they discharge or permit the entrance of such wastewater into any open or covered drain tributary to such watercourse, without the approval of the Director.

H. No person shall discharge any treated or untreated wastewater to the surface of the ground without the approval of the Director. However, this shall not interfere with the spreading of animal manure or compost containing wastewater biosolids originating from a DEM-approved municipal composting facility on the surface of the ground in accordance with normal agricultural practices.

I. The use of acid and organic chemical solvents in any OWTS is hereby prohibited. The Department does not recognize any additive product as being beneficial to the operation of an OWTS.

J. No person shall engage in the business of pumping, cleaning or transporting septage unless such person has obtained a Hazardous Waste Transporter Permit from the Director in accordance with Part 140-10 -1 of this Title, Rules and Regulations for Hazardous Waste Management.

K. Commercial laundromat(s) shall not be permitted to discharge to an OWTS. Self service laundry facilities operating in compliance with R.I. Gen. Laws § 46-29-3, "Phosphate Reduction," are exempt from this prohibition.

L. Deep concrete chambers (galleys) as described in § 6.35 of this Part are prohibited for OWTS Applications for New Building Construction and OWTS Applications for Alterations to a Structure (§ 6.18 of this Part).

M. Roof drains, surface drains, and subsurface drains shall not be permitted to discharge to an OWTS.

N. Floor drains that receive wastewater that does not meet the definition in § 6.8 of this Part shall not be permitted to discharge to an OWTS. The Department may prohibit any floor drain from discharging to an OWTS where there is a reasonable likelihood that such wastewater may enter such floor drain.

O. Holding tanks for wastewater are prohibited for Applications for New Building Construction and Applications for Alteration to a Structure.

P. Siphons are prohibited for OWTS with a design flow less than five thousand (5,000) gallons per day unless used as part of an approved Alternative or Experimental Technology approved pursuant to § 6.41 of this Part.

Q. The use of large capacity cesspools is prohibited in accordance with U.S. Environmental Protection Agency "Revisions to the Underground Injection Control Regulations for Class V Injection Wells," December 7, 1999, 40 C.F.R. Parts 9, 144, 145 and 146 (1999), incorporated above at § 6.7(E) of this Part. Any such large capacity cesspool shall cease to be used and shall be properly removed or abandoned in accordance with § 6.56 of this Part.

R. Marine pumpout facilities are prohibited from discharging wastewater to an OWTS other than a holding tank installed pursuant to § 6.29 of this Part.

250 R.I. Code R. 250-RICR-150-10-6.9

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