216 R.I. Code R. 216-RICR-50-05-6.2

Current through December 26, 2024

Section 216-RICR-50-05-6.2 - Definitions

A. Wherever used in these rules and regulations, the following terms shall be construed as follows:

1. "Approved project" means any project or portion thereof of a governmental unit or privately organized water supplier that has been issued a certificate of approval by the Department for assistance through the Bank.

2. "AWWA" means the American Water Works Association.

3. "Bank" means the Rhode Island Infrastructure Bank.

4. "Certificate of approval" means the approval issued by the Department which enables the Bank to execute a loan agreement with the qualifying public water system for drinking water system improvements that effectuate the Safe Drinking Water Act (SDWA). Financial assistance may not be extended by the Bank without the issuance of the Certificate of Approval.

5. "Chief Executive Officer" means the mayor in any city, the president of the town council in any town, the executive director of any authority or commission, the president of any association, cooperative, corporation or company, or some other officer or body designated to perform the functions of a chief executive officer under the provisions of a local charter or other law.

6. "Community comprehensive plan" means a plan prepared pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation Act, R.I. Gen. Laws Chapter 45-22.2.

7. "Community water system" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

8. "Cumulative impact" means the impact on the environment which results from the incremental impact of project(s) when added to other past, present, and reasonably foreseeable future actions or projects, regardless of which agency or person undertakes such other actions or projects.

9. "Department" means the Rhode Island Department of Health.

10. "Director" means the Director of the Department of Health or her/his designee.

11. "DWSRF" means the Drinking Water State Revolving Fund.

12. "Effects" and "impacts", as used in this Part are synonymous. Effects include ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, and health, whether direct, indirect, or cumulative. The distinctions are:

a. Direct effects are caused by project(s) and occur at the same time and place.

b. Indirect effects are also caused by project(s) and may be later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include growth-inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air, water and other natural systems, including ecosystems.

c. Cumulative effects are caused by both the direct and indirect effects of the project, plus the effects of other projects which are planned in the planning area.

13. "Environment" shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with that environment (see the definition of "effects").

14. "Environmental assessment" means a document that:

a. serves to:

(1) Briefly provide sufficient evidence and analysis of effects of proposed project(s) as a basis for the Department to determine whether to issue a Finding of No Significant Impact or require an Environmental Impact Statement to be prepared.

(2) Document compliance with state and federal environmental review requirements when no Environmental Impact Statement is required.

(3) Facilitate preparation of an Environmental Impact Statement when one is necessary.

b. shall include:

(1) Brief discussions of the need for the proposed project(s).

(2) Brief discussions of alternatives to recommended project(s) which involve unresolved conflicts concerning alternative uses of available resources.

(3) Brief discussions of the environmental impacts of the proposed project(s) and alternatives, and outline means to mitigate environmental impacts.

(4) Agencies and persons consulted during the environmental assessment, and responses to substantive comments.

15. "Environmental impact statement" means a detailed written statement that identifies significant impacts associated with the preferred alternative project(s). The Environmental Impact Statement will address:

a. The environmental impact(s) of the proposed project(s).

b. Any detrimental effects on the environment which cannot be avoided should the proposed project(s) be implemented.

c. Alternatives to the proposed project(s) and the environmental impacts of those alternatives.

d. The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity.

e. Any irreversible and irretrievable commitments of resources which would be involved in the project(s) if implemented.

16. "EPA" means the United States Environmental Protection Agency.

17. "Finding of no significant impact" means a document prepared by the Department briefly presenting the reasons for determining why project(s) will not have a significant effect on the environment. It shall include the Environmental Assessment and shall note any other environmental documents related to it. The Finding of No Significant Impact need not repeat any of the discussion in the Environmental Assessment, but may incorporate it by reference.

18. "Local governmental unit" means any town, city district, commission, agency, authority, board or other political subdivision or instrumentality of the state or of any political subdivision thereof responsible for the ownership or operation of a community water system or a nonprofit noncommunity water system within the state.

19. "Mitigation" means:

a. Avoiding an impact altogether by not implementing a certain project or parts of a project.

b. Minimizing an impact by limiting the degree or magnitude of a project and its implementation.

c. Rectifying an impact by repairing, rehabilitating, or restoring the effected environment.

d. Reducing or eliminating an impact over time by preservation and maintenance operations during the life of the project.

e. Compensating for an impact by replacing or providing substitute resources or environments.

20. "National Environmental Policy Act" means the federal National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et. seq.

21. "Noncommunity water system" means a public water system that is not a community water system.

22. "Public water system" means a system for the provisions to the public for piped water for human consumption, provided such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. The term "public water system" shall include all sources, and facilities involved in collecting, treating, storing, and distributing the water.

23. "Privately organized water supplier" means any community water system or noncommunity nonprofit water system not owned or operated by a local governmental unit.

24. "Record of decision" means a document prepared by the Department that briefly reviews the significant effects that a project(s) will have on the environment. It shall include the Environmental Impact Statement and shall note any other environmental documents related to it. Since the Environmental Impact Statement is included, the Record of Decision need not repeat any of the discussion in the Environmental Impact Statement, but may incorporate it by reference. The Record of Decision will specify mitigation measures necessary to allow a project to proceed.

25. "SDWA or Safe Drinking Water Act" means the federal Safe Drinking Water Act of 1974, 42 U.S.C. § 300f et.seq.

26. "Significantly", as used in the Department's environmental review process, means considering both the context and intensity of impacts, whether beneficial or detrimental.

a. Context means that the significance of the impacts of a project must be analyzed in several contexts such as: the community as a whole (social, economic); the effected region; the effected interests; and the locality. Significance varies with the setting of the proposed project(s). In the case of a site-specific action, such as siting of a drinking water treatment facility, significance would usually depend upon the effects in the locale rather than in the whole planning area. Conversely, extending distribution lines to a previously undeveloped portion of the planning area would result in effects on many elements of the environment.

b. Intensity refers to the severity of the impact. The parties responsible for facility planning must bear in mind that more than one agency may make decisions about partial aspects of a major action. The following should be considered in evaluating intensity.

c. Impacts may be both beneficial and detrimental. A significant effect may exist even if it is believed on balance that the effect will be beneficial.

d. The degree to which the proposed project(s) affect public health and safety.

e. Unique characteristics of the geographic area impacted by the project(s) such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas.

f. The degree to which the effects of the proposed project(s) on the quality of the environment are likely to be controversial.

g. The degree to which the possible effects on the environment are uncertain or involve unique or unknown risks.

h. The degree to which a project may establish a precedent for future projects with similar effects or represents a decision in principle about future consideration.

i. Whether the project(s) is related to other projects with individually minor but cumulatively major impacts. Significance exists if it is reasonable to anticipate a cumulative major impact on the environment. Significance cannot be avoided by terming a project temporary or by breaking it down into small component parts.

j. The degree to which the project may detrimentally affect districts, sites, highways, structures or objects listed in or eligible for listing in the National Register of Historic Places, or may cause loss or destruction of significant scientific, cultural, or historic resources.

k. The degree to which the project may detrimentally affect an endangered or threatened species or its habitat that has been determined to be critical under the federal Endangered Species Act of 1973, 16 U.S.C. § 1531 et.seq.

l. Whether a project threatens a violation of federal, state or local laws or requirements imposed for the protection of the environment.

27. "State guide plan" means goals, policies, or plan elements for the physical, economic, and social development of the state, adopted by the State Planning Council in accordance with R.I. Gen. Laws § 42-11-10.

28. "This Part" mean all parts of Rhode Island rules and regulations pertaining to the Drinking Water State Revolving Fund (216-RICR- 50-05-6).

216 R.I. Code R. 216-RICR-50-05-6.2