250 R.I. Code R. 250-RICR-150-05-1.22

Current through November 7, 2024

Section 250-RICR-150-05-1.22 - Variances from Water Quality Standards

A. Conditions for Granting Variances - A variance from the water quality standards may be granted by the Director when the Director has a reasonable belief that the standard can ultimately be attained. A variance from meeting the standard is granted to the discharger for the particular constituent that is causing non-attainment of the standard. All other applicable criteria and standards must be met by the discharger. The criteria protective of the standard must be maintained for all other dischargers on the waterbody. A variance can be granted only under the following conditions:

1. Non-attainment of the standard is attributed to one of the following:

a. Naturally occurring background pollutant concentrations or natural background conditions prevent the attainment of the use;

b. Naturally occurring ephemeral, intermittent or low flow conditions or water levels not human-made or human-induced prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating state water conservation requirements to enable uses to be met;

c. Human-made or human-induced conditions prevent the attainment of the use and cannot be remedied per § 1.22(A)(1)(f) of this Part, or would cause more environmental damage to correct than to leave in place;

d. Existing dams, diversions or other types of permitted hydrologic modifications which meet all applicable permit and/or water quality certificate requirements preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use;

e. Physical conditions related to the naturally occurring features of the waterbody, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality and not human-made or human-induced, preclude attainment of aquatic life protection uses; or

f. Controls more stringent than those required by Sections 301(b)(1)(A) and (B) (33 U.S.C. § 1311) and §306 (33 U.S.C. § 1316) of the Clean Water Act for point source dischargers, and reasonable best management practices for nonpoint source dischargers, would result in substantial and widespread economic and social impact.

2. Treatment more advanced than that required by section 301(b)(1)(A) and (B) (33 U.S.C. § 1311) has been carefully considered, and that alternative effluent control strategies have been evaluated.

B. Time Limit for Variances - Variances from the water quality standards shall be for a specific period of time not to exceed three (3) years. A variance may be reinstated only upon demonstration that the conditions for granting the variance still apply and reasonable progress toward meeting the standard has been made.

C. Public Notice - The Director may grant a variance, in accordance with this rule, only after public notice, opportunity for comment and a public hearing, in accordance with R.I. Gen. Laws Chapter 42-35.

D. Variances for RIPDES Permitted Discharges - Those persons holding a RIPDES permit, or applying for a RIPDES permit, must request a variance in accordance with the Regulations for the Rhode Island Pollutant Discharge Elimination System RIPDES.

E. Compliance With Other Water Quality Regulations - Issuance of a variance pursuant to this rule does not relieve the holder of the variance from complying with requirements of these regulations which have not been the subject of a variance.

250 R.I. Code R. 250-RICR-150-05-1.22

Amended effective 12/28/2023