250 R.I. Code R. 250-RICR-150-05-1.17

Current through November 7, 2024

Section 250-RICR-150-05-1.17 - Procedures for Review of Applications for Orders of Approval and Water Quality Certifications

A. In consideration of the application, the Department may use, but is not limited to, the following documents: Guides for the Design of Wastewater Treatment Works (TR-16, 2011 Edition as Revised in 2016), published by the New England Interstate Water Pollution Control Commission; Design of Water Resource Recovery Facilities (WEF Manual of Practice #8 & ASCE Manual and Report on Engineering Practice #76), jointly published by the Water Environment Federation and the American Society of Civil Engineers (Sixth Edition); Rhode Island Soil Erosion and Sediment Control Handbook, developed jointly by R.I. DEM and U.S. Department of Agriculture Natural Resources Conservation Service (2016); State of Rhode Island Stormwater Design and Installation Standards Manual (2010 version amended March 2015), developed jointly by R.I. DEM and Coastal Resources Management Council; the Technical Support Document for Water Quality-based Toxics Control, March 1991, EPA/505/ 2-90-001; Evaluation of Dredged Material Proposed for Ocean Disposal Testing Manual, February 1991, EPA-503/ 8-91/001; Interim Regional Policy for New England Stream Flow Recommendations, U. S. Department of Interior, Fish and Wildlife Service; Water Quality Standards Handbook, 2nd. Ed., August 1994, EPA-823-B- 94-005a.

B. Application Completeness

1. Upon receipt of an application, the Department will review the application for completeness and shall notify the applicant in writing whether the application is complete. Where the Department has deemed an application to be deficient, the processing of the application will be suspended and the applicant shall correct said deficiencies to the satisfaction of the Department.

C. At any time during review, the Director may:

1. Require that the applicant provide such information as the Director deems necessary for the review of the application;

2. Issue an approval requiring such terms, conditions, management practices and operation and maintenance requirements as deemed necessary to comply with the requirements of applicable state or federal laws; or

3. Deny the application for failure to satisfy the requirements of applicable state or federal laws and advise the applicant of the right to appeal under § 1.23 of this Part. A denial may be based on, but is not limited to any or all of the following:

a. A treatment works which is overloaded or inadequate to accept and treat any additional load of pollutants in which case the Director, shall, where appropriate, also deny applications for new sewer connection or additional discharges to the system;

b. An activity or a treatment works or any part thereof, which is likely to substantially contribute to an increase in non-point source pollution which will likely result in a violation of state or federal laws or these regulations or any other regulations of the Department;

c. A treatment works or any part thereof, or a project which is not consistent with the approved Wastewater Facilities Plan;

d. Failure to submit any information required by the Department; or

e. Failure to provide a preponderance of clear and scientifically valid evidence having a probative value demonstrating, to the satisfaction of the Director, that the activity will not violate the surface water quality standards established by these Water Quality Regulations, and amendments thereto.

D. Public Notice and Consideration of Public Comment for Applications for Water Quality Certification

1. Certification Public Notice - Upon determination that an application for water quality certification is complete, the Director shall provide or have the applicant provide in a form approved in writing by the Department, written notice of the proposed project to all abutters of any property upon which the activity will occur, and to any other such persons, agencies or organizations deemed appropriate by the Director. At a minimum the chief elected officer of the city or town within which the activity will be conducted, shall be notified.

a. For projects that the Director determines have the potential to result in impacts beyond the abutting property(ies) or that notification of abutters is impracticable, the notice shall be published in a daily or weekly newspaper with circulation in the involved area. The Department may also require the applicant to publish notice, in a form approved in writing by the Department, in an additional daily or weekly newspaper with circulation that includes the community nearest the proposed location, or statewide.

2. Comment Period - The notice will provide for a thirty-day comment period during which time any person may provide written comments which may include a request for a hearing on the project or activity proposed by the application.

3. Public Hearing - The Director shall provide an opportunity for oral comments if a hearing is requested by twenty-five (25) persons, or by a governmental subdivision or agency, or by an association having not less than twenty-five (25) members. The applicant, all persons receiving notice under § 1.17(D)(1) of this Part, and all persons submitting comments or requesting a hearing under § 1.17(D)(2) of this Part shall be notified consistent with the requirements of § 1.17(D)(1) of this Part, at least fourteen (14) days in advance, of the time and place of the hearing.

4. Consideration of Comments - The Director shall consider all written and oral comments and may approve modifications to the application package made in response to comments received, without requiring another notice and comment period, provided the modifications are minor in nature and will have little or no adverse environmental impact.

5. Notice of Decision - All persons who submit comments, either orally at the hearing or in writing, shall receive written notice of the final agency decision on the application.

6. Modifications - The Director may approve modifications to an approved project or activity without further notice, provided that the project had been noticed in accordance with § 1.17(D) of this Part, and such modifications are minor in nature and will have little or no adverse environmental impact.

250 R.I. Code R. 250-RICR-150-05-1.17

Amended effective 12/28/2023