250 R.I. Code R. 250-RICR-150-05-2.4

Current through November 7, 2024
Section 250-RICR-150-05-2.4 - Definitions
A. For the purposes of these regulations, the following terms shall have the following meanings:
1. "Applicant" means the person, firm, partnership, corporation, public utility, government agency and/or any other organization or association seeking a determination, permit, or decision from the Department through prescribed application procedures. The applicant must be the owner of the property or easement which is the subject of the application, or must be the government agency or entity with power of condemnation over such property or easement.
2. "Beach nourishment" means beach nourishment is the placement of sand at a location determined to be acceptable along the coastal profile (including underwater in the near-shore environment) to increase the recreational or habitat value of the beach or to protect the beach from erosion.
3. "Beneficial use" means the use of dredged material in an environmentally protective manner for some productive purpose included, but not limited to Brownfields redevelopment, beach nourishment, landscaping and grading, landfill cover, coastal habitat restoration and/or creation, or construction.
4. "Coastal zone" means the coastal waters of the state and adjacent land and other areas that are under the regulatory jurisdiction of the Coastal Resources Management Council pursuant to R.I. Gen. Laws Chapter 46-23 or the federal Coastal Zone Management Act, 16 U.S.C. § 1454 et seq..
5. "CRMC" or "council" means the Rhode Island Coastal Resources Management Council.
6. "Department" means the Rhode Island Department of Environmental Management.
7. "Director" means the Director of the Rhode Island Department of Environmental Management.
8. "Dewatering" means the process of removing excess marine water from dredged material prior to land disposal or beneficial use.
9. "Disposal" means the relocation and/or placement of dredged material, other than for an approved beneficial use or managed at an approved rehandling facility, at any location for more than ninety (90) days after dewatering is completed, unless an alternative time frame is approved under § 2.11(A)(7) of this Part.
10. "Disposal site" or "location" means a precise and approved geographic area within which dredged material is permitted to be disposed.
11. "Dredged material" means material excavated from the marine waters of the state, including rock, gravel, sand, clay, silt, mud, organic material, and material discarded by humans.
12. "Dredge window" means that portion of the year when marine fisheries resources are least susceptible to significant adverse impacts related to dredging activity or in-water disposal.
13. "Dredging" means the movement of sediments from beneath surface waters by mechanical or hydraulic means.
14. "Habitat" means specific type of place within an ecosystem occupied by an organism, population, or community that contains both living and nonliving components with specific biological, chemical, and physical characteristics including the basic life requirements of food, water and cover or shelter.
15. "Maintenance dredging" means dredging an area within state waters to restore channels and basins to dimensions that support and maintain existing levels of use.
16. "Person" means any individual, group of individuals, firm, corporation, association, partnership or private or public entity, including a district, county, city, town, or other governmental unit or agent thereof, and in the case of a corporation, any individual having active and general supervision of the properties of such corporation.
17. "Rehandling facility" means a facility operated for the purpose of storing and distributing dredged material for off-site disposal or beneficial use.
18. "Site" means a specific location and all contiguous land, structures, appurtenances and improvements associated with that location.
19. "Site operator" means the person who is responsible for the operation of activities at a beneficial use, dewatering, or disposal site for dredged materials.
20. "Site owner" means the person who owns all or a part of a beneficial use, dewatering, or disposal site for dredged materials.
21. "USACE" means the United States Army Corps of Engineers, its agents or representatives.

250 R.I. Code R. 250-RICR-150-05-2.4