Section 250-RICR-150-05-1.9 - Water Use ClassificationA. The surface waters of the State shall be assigned to one of the classes listed below. Each class is defined by the designated uses, which are the most sensitive and therefore governing water uses which it is intended to protect. Surface waters may be suitable for other beneficial uses, but shall be regulated to protect and enhance the designated uses. In no case shall waste assimilation or waste transport be considered a designated use.B. Freshwater: 1. Class AA - These waters are designated as a source of public drinking water supply (PDWS) or as tributary waters within a public drinking water supply watershed (the terminal reservoir of the PDWS are identified in § 1.25 of this Part), for primary and secondary contact recreational activities and for fish and wildlife habitat. These waters shall have excellent aesthetic value. a. Class AA waters used for public drinking water supply may be subject to restricted recreational use by State and local authorities.2. Class A - These waters are designated for primary and secondary contact recreational activities and for fish and wildlife habitat. They shall be suitable for compatible industrial processes and cooling, hydropower, aquacultural uses, navigation, and irrigation and other agricultural uses. These waters shall have excellent aesthetic value.3. Class B - These waters are designated for fish and wildlife habitat and primary and secondary contact recreational activities. They shall be suitable for compatible industrial processes and cooling, hydropower, aquacultural uses, navigation, and irrigation and other agricultural uses. These waters shall have good aesthetic value. a. Certain waterbody segments may have partial use designations assigned to them as noted in § 1.9(D) of this Part.4. Class B1 - These waters are designated for primary and secondary contact recreational activities and fish and wildlife habitat. They shall be suitable for compatible industrial processes and cooling, hydropower, aquacultural uses, navigation, and irrigation and other agricultural uses. These waters shall have good aesthetic value. Primary contact recreational activities may be impacted due to pathogens from approved wastewater discharges. However all Class B criteria must be met.a. Certain waterbody segments may have partial use designations assigned to them as noted in § 1.9(D) of this Part.5. Class C - These waters are designated for secondary contact recreational activities and fish and wildlife habitat. They shall be suitable for compatible industrial processes and cooling, hydropower, aquacultural uses, navigation, and irrigation and other agricultural uses. These water shall have good aesthetic value.C. Seawater: 1. Class SA - These waters are designated for shellfish harvesting for direct human consumption, primary and secondary contact recreational activities, and fish and wildlife habitat. They shall be suitable for aquacultural uses, navigation and industrial cooling. These waters shall have good aesthetic value.a. Waterbody segments may have partial use designations assigned to them as noted in § 1.9(D) of this Part.b. Some Class SA waters contain Closed Safety Zones which are waters in the vicinity of an approved sanitary discharge which may be impacted in the event of complete failure of treatment and are therefore, currently prohibited to shellfishing. Although shellfishing use is restricted, all SA criteria must be met.2. Class SB - These waters are designated for primary and secondary contact recreational activities; shellfish harvesting for controlled relay and depuration; and fish and wildlife habitat. They shall be suitable for aquacultural uses (other than shellfish for direct human consumption), navigation, and industrial cooling. These waters shall have good aesthetic value.a. Waterbody segments may have partial use designations assigned to them as noted in § 1.9(D) of this Part.3. Class SB1 - These waters are designated for primary and secondary contact recreational activities and fish and wildlife habitat. They shall be suitable for aquacultural uses (other than shellfish for direct human consumption), navigation, and industrial cooling. These waters shall have good aesthetic value. Primary contact recreational activities may be impacted due to pathogens from approved wastewater discharges. However all Class SB criteria must be met. a. Waterbody segments may have partial use designations assigned to them as noted in § 1.9(D) of this Part.4. Class SC - These waters are designated for secondary contact recreational activities, and fish and wildlife habitat. They shall be suitable for aquacultural uses, navigation, and industrial cooling. These waters shall have good aesthetic value.D. Partial Uses - In accordance with § 1.21 of this Part, the Department may designate a partial use for the above listed water use classifications. Partial use denotes specific restrictions of use assigned to a waterbody or waterbody segment that may affect the application of criteria. Additional partial uses may be so designated by the Director if provided in accordance with § 1.21 of this Part. 1. CSO - These waters will likely be impacted by combined sewer overflows in accordance with approved CSO Facilities Plans and in compliance with rule § 1.21(E)(1) of this Part. Therefore, primary contact recreational activities; shellfishing uses; and fish and wildlife habitat will likely be restricted.2. Concentration of Vessels - Waters in the vicinity of marinas and/or mooring fields are subject to seasonal shellfishing closures as determined by RIDEM pursuant to R.I. Gen. Laws Chapter 20-8.1;All Class SA criteria must be attained.3. Partial use designations are represented by the lower case letters, "a" or "b", which appear in brackets {} next to the classification as found in § 1.25 of this Part.E. Water Quality Classifications - All surface waters of the State have been categorized according to the water use classification of §§ 1.9(B), (C), and (D) of this Part based on considerations of public health, safety and welfare, recreation, propagation and protection of fish and wildlife, and economic and social benefit. The surface waters of the State are classified according to the list of water segments in § 1.25 of this Part. For waterbodies not listed in § 1.25 of this Part, the following apply:1. All streams tributary to Class A waters shall be Class A.2. All waters tributary to Class AA waters shall be Class AA.3. All freshwaters hydrologically connected by surface waters and upstream of Class B, B1, SB, SB1, C or SC waters shall be Class B unless otherwise identified in § 1.25 of this Part.4. All other fresh waters, including, but not limited to, ponds, kettleholes and wetlands not listed in § 1.25 of this Part shall be considered to be Class A.5. All seawaters not listed in § 1.25 of this Part shall be considered to be Class SA. All saltwater and brackish wetlands contiguous to seawaters not listed in § 1.25 of this Part shall be considered to be Class SA.6. All saltwater and brackish wetlands contiguous to seawaters listed in § 1.25 of this Part shall be considered the same class as their associated seawaters.250 R.I. Code R. 250-RICR-150-05-1.9
Amended effective 12/28/2023