250 R.I. Code R. 250-RICR-150-05-2.7

Current through November 7, 2024

Section 250-RICR-150-05-2.7 - Characterizing Material to be Dredged

A. An application for permission to dredge must include adequate characterization of the material to be dredged, in accordance with the specific provisions set forth in these regulations and any guidance provided by the Department with the application form(s). The Department may waive a specific requirement to the extent the Department finds the requirement is not applicable or the information requested is either not necessary or already available to determine compliance.

B. The Sediment Sampling Plan must provide the following information:

1. A site plan of the area to be dredged, including topography and bathymetry;

2. The proposed depth of dredging;

3. The location of all proposed sample collection points, which must be representative of the material(s) to be dredged. Sampling points must include, but not be limited to, areas impacted by past spill events or otherwise known or suspected to contain contamination, and areas near outfalls, fueling docks or pumps;

4. Proposed testing parameters and protocols in accordance with § 2.7(C) of this Part; and,

5. Proposed sampling procedures and sample handling protocols conducted in accordance with § 2.7(F) of this Part.

C. Analysis of dredged material proposed for land disposal or beneficial use. At a minimum, the material must be tested analytically for the following parameters:

1. Grain Size Analysis (including percent moisture);

2. Polychlorinated Biphenyls (PCBs);

3. Total Petroleum Hydrocarbons (TPH);

4. Total Metals Analysis for arsenic, cadmium, chromium, copper, lead, mercury, nickel and zinc; and,

5. Semi-Volatile Organic Compounds (SVOCs).

D. Depending on the characteristics of dredged material proposed and proposed location for land disposal or beneficial use, the Department may require dredged material be tested analytically for the following parameters:

1. Leachability: Analysis of samples, using the Toxicity Characteristic Leaching Procedure (TCLP), test Method 1311, or the Synthetic Precipitation Leaching Procedure (SPLP), test Method 1312, in "Test Methods for Evaluating Solid Waste" EPA Publication SW-846 shall be required to determine compliance with GA Leachability Criteria. Determinations as to whether a material meets the definition of hazardous waste by the characteristic of toxicity must be based on results from the TCLP test;

2. Chloride sampling (mg/kg dry material) will be required after dewatering of the dredged material is completed. Samples shall be representative of the entire volume of dewatered material, and chloride sample results submitted to the Department shall include a description of the sample location. Samples will be required under the following conditions:

a. Where there is a point of groundwater use within 1750 feet of the disposal or beneficial use location, or,

b. Where there is a point of groundwater use within 400 feet of the disposal or beneficial use location, when that location is within 200 feet of the coastal zone.

3. Waiver of Testing Requirements: The Department may waive the requirement that sediments be tested for contaminants if it determines that the probability of such contamination being present is low based on the absence of suspected sources and documentation that the material being dredged is at least 90% sand with a grain size greater than 0.0625 mm, as determined in accordance with § 2.7(C)(1) of this Part. Sampling for chlorides will not be required for material proposed to be used for beach nourishment.

E. For in-water disposal of dredged material, the following guidance documents, developed by the USEPA and USACE, shall be used jointly by ACE and the applicant to develop a sampling plan:

1. Evaluation of Dredged Material Proposed for Ocean Disposal - Testing Manual (February 1991; also known as the Green Book);

2. Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal (Regional Implementation Manual); and,

3. Evaluation of Dredged Material Proposed for Discharge in Water of the U.S. - Testing Manual (February 1998; also known as the Inland Testing Manual).

F. Sampling Procedures

1. Core samples must be taken to the proposed depth of dredging including any overdraft, depending on the dredging methodology anticipated.

2. Each core shall be described. Grain size analysis shall be required for each core. A core may be homogenized unless there are distinct strata in grain size and composition, which are at least 2 feet in depth. The Department shall be notified of any cores that show grain size stratification prior to homogenizing. For cores that show grain size stratification, each strata with a depth of 2 feet or greater must be tested for grain size, Total Organic Carbon and percentage moisture.

3. Separate core samples may be composited when the grain size and likelihood of contamination is uniform based on depositional characteristics, spill history, and location of outfalls. Approval must be obtained prior to compositing the samples.

4. Samples must be collected and managed to meet the method requirements for handling, preservation and storage outlined in the documents as noted above in § 2.7(E) of this Part.

G. Approval of the Sampling Plan: Once the Department has reviewed the sampling plan and accepted it, the Department will issue a written approval of the sampling plan. Upon receipt of approval, the applicant may go forward with implementation. For in- water disposal, this evaluation will be conducted in coordination with the Council and the USACE.

H. Modification of the Sampling Plan: The applicant may only modify the sampling plan with prior approval from the Department.

I. Recognition of Results: Once the results of the sampling have been received, the applicant may request a meeting with the Department to help the applicant identify potential disposal locations and discuss refinements of the project design. If a meeting is requested pursuant to this section, the Department will notify the Council of this meeting and work with the Council to provide coordinated, multi-agency input into the project design. Following the meeting, the Department will provide written acknowledgement of the results of the sampling and a determination as to what disposal options are available to the applicant based on the results provided.

J. Sampling Results: Sampling results shall be valid for use in a dredging application for 5 years.

250 R.I. Code R. 250-RICR-150-05-2.7