250 R.I. Code R. 250-RICR-150-05-2.12

Current through November 7, 2024

Section 250-RICR-150-05-2.12 - Dredged Material Rehandling Facilities

A. Applications to construct and/or operate a dredged material rehandling facility shall be submitted to the both the Department and the Council on forms prescribed and provided by the agencies.

B. Applications to construct and/or operate a dredged material rehandling facility may follow the pre-application requirements in § 2.6 of this Part.

C. Siting of dredged material rehandling facilities shall comply with the General Provisions and Criteria for Sites Proposed for Land Disposal or Beneficial Use of Dredged Material in §§ 2.5(D), 2.9(B) and 2.9(C) of this Part, respectively.

D. To be considered complete, an application must include, or address, at a minimum, all of the following:

1. Any existing or pending land use restrictions;

2. Any information available on historic land use that may have impacted the site, including any past spill or known contamination events, and a demonstration that the rehandling facility will not exacerbate those conditions;

3. A demonstration that the siting of dredged material rehandling facility complies with the General Provisions and Criteria for Sites Proposed for Land Disposal or Beneficial Use of Dredged Material in §§ 2.5(D), 2.9(B) and 2.9(C) of this Part, respectively;

4. Site plan(s), including all applicable requirements as identified in § 2.16 of this Part, Appendix A.

5. An Operating Plan, including a thorough description of the following in narrative format:

a. Operating hours;

b. Operating and design capacities;

c. Dust control program;

d. Odor control program;

e. Methods for accepting dredged materials, dewatering, if necessary, and storage and segregation of different classes of dredged materials. Classification must be based on testing performed prior to dredging operations. Dredged materials may be classified as materials that do not exceed the standards for beach nourishment, Residential Direct Exposure Criteria, or Commercial/Industrial Direct Exposure Criteria. If a facility chooses not to segregate dredged materials, all materials will be classified as the most contaminated stored in the stockpile;

f. Anticipated length of time required for dewatering various grades of dredged material at the facility;

g. Methods and/or equipment used for any processing operations, including separation techniques and storage and/or handling procedures and storage of segregated materials;

h. Anticipated interactions, or areas of overlap, with other materials management operations at the facility;

i. A contingency plan for extreme circumstances, including but not limited to, steps to be taken if dredged material were mistakenly released at the dock or at other locations on route to the dewatering site, if the dewatering basin(s) and storage facilities were reaching capacity due to slower than expected dewatering times, or in the event of failure of the containment berms;

j. Any additional sampling and analysis of dredged materials that may be required for off-site disposal or beneficial use, in accordance with § 2.9(B) of this Part;

k. Proposed long-term maintenance schedule for the proposed stormwater drainage structures;

l. Methods for ensuring that dredged material proposed for off-site distribution is disposed or beneficially used in accordance with the applicable requirements of §§ 2.5(D), 2.9(B) and 2.9(C) of this Part.

E. Operating Requirements

1. The rehandling facility must dispose of any dredged material that exceeds Commercial/Industrial Direct Exposure Criteria at a facility licensed to accept and manage such material.

2. The rehandling facility must ensure that dredged material distributed from the facility is disposed or beneficially used in accordance with §§ 2.5(D), 2.9(B) and 2.9(C) of this Part.

3. The facility must provide written notification to the owner of the property proposed for disposal/beneficial use of dredged material of the requirements specified in §§ 2.5(D), 2.9(B) and 2.9(C) of this Part.

4. The rehandling facility must develop and maintain a tracking system to document that dredged material distributed from the facility has been disposed or beneficially used in accordance with the applicable requirements of §§ 2.5(D), 2.9(B) and 2.9(C) of this Part.

5. The facility shall identify to the Department a qualified staff person to act as the Environmental Compliance Officer (ECO) for the facility.

6. Records must be maintained at the facility and available for Department review upon request.

250 R.I. Code R. 250-RICR-150-05-2.12