Section 216-RICR-50-05-1.3 - CoverageA. This Part applies to any PWS unless a PWS meets all of the following conditions:1. The system consists only of distribution or storage facilities (and does not have any collection or treatment facilities);2. The system obtains all of its water from a PWS to which this Part applies; and3. The system does not sell water to any person.B. General Requirements1. No person shall develop, maintain, or operate a PWS unless said PWS is approved by the Director. Further, all PWS must be developed, operated, and maintained in accordance with the requirements and provisions of this Part in order for a PWS to maintain approval by the Director.2. Should the Director find that a PWS is not developed, maintained, or operated in compliance with regulatory provisions, s/he may revoke, suspend, or otherwise limit the approval previously granted.3. The Director is authorized to enter at all reasonable times in or upon any private or public property for the purpose of carrying out the provisions of this Part or making an inspection or investigation of a condition which the Director believes may be hazardous to the health of the consumers serviced by any PWS or in violation of the Regulations or orders promulgated under R.I. Gen. Laws Chapter 46-13.C. Licensing Requirement 1. Applicability a. Pursuant to the provisions of R.I. Gen. Laws § 46-13-2.1, no person shall operate or maintain a PWS unless the system is licensed by the Director under the provisions of this Subsection.b. Persons subject to licensure shall be assessed initial and annual renewal licensure fees in accordance with the fee schedule listed for each category of PWS in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).2. License Applicationa. To apply for a license, a PWS shall submit a completed application to the Director on forms provided for this purpose. The application shall include all information required by this Part, as well as by the form and the accompanying instructions. Applications for a new community or non-transient non-community PWS shall include a water system management plan that demonstrates the financial, managerial, and technical capacity to comply with statutory and regulatory requirements.b. The Director may at any time after filing of the original application require further information in order to determine whether the application should be approved or denied.c. Each application for a PWS license shall be signed by the applicant or a person duly authorized to act on behalf of the applicant.d. No new PWS shall be licensed until: the application has been approved, the PWS has been constructed in accordance with the approved plans and the water has been sampled and found to be in compliance with the requirements of this Part.e. New PWS shall attend a required, in-person meeting with Department staff. The purpose of this meeting will be to provide training and information on the responsibilities and obligations for becoming a PWS. Applicants will receive comprehensive information and guidance to ensure that they are able to fulfill all regulatory requirements prior to activating the PWS.3. License Fees a. Pursuant to the provisions of R.I. Gen. Laws § 46-13-2.1, the Director shall grant a license to a PWS that meets the licensure requirements set forth in this Part and upon submission of the license fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title). Said license, unless sooner suspended or revoked, shall expire on the 30th day of June following its issuance and must be renewed from year-to-year.4. Denial of License a. The Director may deny an application for a license if s/he determines that the applicant has not demonstrated the ability to comply fully with the applicable requirements established by the Act and/or by this Part.b. An applicant whose application is denied may request a hearing in accordance with the rules and regulations for Practices and Procedures Before the Rhode Island Department of Health (Part 10-05-4 of this Title).5. Suspension or Revocation of a License a. The Director may, for cause or for violation of this Part, suspend or revoke any license issued under this Subsection. The Director may also review the current status of any license with regard to current use of the water supply and any change of use of the PWS.6. Renewal of License a. All licenses shall expire on the 30th day of June following its issuance except as provided in § 1.3(C)(6)(e) of this Part.b. A renewal application must be filed with the Director by the 31st day of May of each year on forms provided for this purpose.c. The appropriate licensing fee must accompany the renewal application.d. Updated and complete contact information must accompany the renewal application, including names, phone numbers, address fax number and e-mail address (if available). Contact information must be updated using forms designated by the Director, in a timely manner, whenever a change occurs.e. Renewal of a license shall be based upon: satisfactory compliance with this Part and timely submission of a renewal application and fee.f. In any case in which a PWS not less than thirty (30) days prior to expiration of an existing license, has filed a renewal application and fee in proper form for renewal, such existing license shall not expire until final action on the application has been taken by the Director.g. Penalties for Late Renewals(1) Any license granted under § 1.3(C) of this Part, whose renewal, accompanied by the prescribed fee, is not filed on or before the expiration date of such license shall be automatically lapsed.(2) The Director may, in his/her discretion and upon the payment by the license holder of the current license fee, plus an additional fee as set forth in the Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) reinstate any license lapsed under the provisions of § 1.3(C) of this Part.7. Licenses shall be issued only for the PWS and persons named on the application and shall not be transferable or assignable. Existing PWS which have significant change of use of the water supply shall be reviewed and modified as deemed appropriate by the Director.8. PWS Contact Information a. The name, address, phone number, and email address for the owner, administrative contact, and, where applicable, designated operator for each PWS shall be provided to the Director. Each PWS must check at least one (1) of these email addresses for messages from the Director a minimum of once per day, Monday through Friday.b. All owners of PWS shall provide to the Director emergency contact phone numbers and email addresses for the PWS which will be responded to twenty-four (24) hours a day, seven (7) days a week.c. Any change to the provided contact information shall be reported to the Director within seventy-two (72) hours of the change being made.d. Failure to maintain accurate and complete contact information and/or failure to reply to phone messages, mail, or email received from the Director shall be grounds for enforcement action that may result in license revocation.216 R.I. Code R. 216-RICR-50-05-1.3
Amended effective 9/18/2024