Section 250-RICR-150-05-1.12 - Procedures for Determining Additional Requirements for Effluent Limitations, Treatment and PretreatmentA. Effluent Limited and Water Quality Limited Waters - No person shall discharge pollutants into any surface waters of the State or discharge to a treatment works unless the discharge complies with any additional effluent limitations and receives any additional treatment/pretreatment which the Director determines is necessary to comply with § 1.11 of this Part, or to prevent overloading or damaging effect upon a treatment works. In order to determine which waters require additional effluent limitations, treatment or pretreatment to comply with § 1.11 of this Part, or to prevent overloading or damaging effects upon a treatment works, the Director will categorize the surface waters of the State into effluent limited and water quality limited waters. Such classifications will be recorded in Section 305(b) of the Clean Water Act, 33 U.S.C. § 1315, biennial State of the State's waters reports, and will be revised as necessary.B. Total Maximum Daily Loads in Water Quality Limited Waters - For water quality limited waters, the Director shall identify those pollutants within discharges to the water quality limited waters which do or have the reasonable potential to cause or contribute to a violation of § 1.11 of this Part. The Director shall develop a total maximum daily load (TMDL) for each of these pollutants. The TMDL shall determine the maximum amount of the pollutant that can be discharged into the water quality limited waters and be in compliance with § 1.11 of this Part. The TMDL shall be based on best available scientific information and allocation of the TMDL may be based on, but not limited to, technical feasibility of pollutant removal, the relative costs of treatment to the contributing discharges, and the relative contribution from each source. The Director shall not be required to allocate the full amount of the pollutant specified in § 1.11 of this Part, but may designate a portion of the allocation as a reserve or margin of safety as deemed necessary.250 R.I. Code R. 250-RICR-150-05-1.12
Amended effective 12/28/2023