250 R.I. Code R. 250-RICR-150-05-2.9

Current through November 7, 2024

Section 250-RICR-150-05-2.9 - Land Disposal and Beneficial Use of Dredged Materials

A. Applications that propose land disposal, beneficial use and beach nourishment must include, at a minimum, the following information:

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

2. Except in the case of beach nourishment or where the dredged material meets the criteria in § 2.9(B)(3) of this Part, documentation of uses and classifications of groundwater and surface water at or around the disposal location, including:

a. Verification that the dredged material disposal or beneficial use location is not within any area prohibited in § 2.5(D) of this Part;

b. Location of points of groundwater use within 1750 feet of the disposal or beneficial use location, or, if disposal or beneficial use is proposed within 200 feet of the coastal zone, points of groundwater use within 400 feet of the disposal or beneficial use location;

3. Stamped calculations performed by a Professional Engineer with experience dredge material handling, verifying the disposal or beneficial use location capacity and the dewatering area capacity;

4. If the applicant is not the owner of the proposed dewatering, disposal or beneficial use location(s), documentation of the owner's permission indicating the estimated volume of dredged material to be dewatered, disposed or beneficially used on his or her property.

B. Criteria for Sites Proposed for the Land Disposal or Beneficial Use of Dredged Materials:

1. Except in the case of beach nourishment or of creation or restoration of salt marsh, all dredged material proposed to be beneficially used or disposed on land must first be dewatered at a location approved in accordance with § 2.11 of this Part.

2. Dredged material proposed to be used for beach nourishment must not exceed the following criteria:

a. % Silt/Clay.............. 10 percent

b. % Moisture.............. 25 percent

c. Free of trash and debris

d. The Department reserves the right to require testing beyond the above listed parameters if reasonable potential exists to exceed residential direct exposure criteria or water quality criteria.

3. Dredged material that does not exceed the criteria in § 2.9(B)(2) of this Part and has a chloride concentration that does not exceed 200 mg/kg dry material may be disposed or beneficially used without further conditions.

4. Dredged material that does not exceed the Residential Direct Exposure Criteria (Table 1, § 2.8 of this Part, Rules and Regulations for the Investigation and Remediation of Hazardous Materials Releases (§140-30-1 of this Title), and Appendix D (§ 2.19 of this Part)) may be disposed or beneficially used as follows:

a. Where there are no points of groundwater use within 1750 feet of the proposed disposal or use location (or within 400 feet in the case of disposal or beneficial use within 200 feet of the coastal zone), the material may be disposed or beneficially used under the following conditions:

(1) Groundwater at the proposed site is classified GB, as defined in the Rules and Regulations for Groundwater Quality, Part 3 of this Subchapter; or,

(2) Groundwater at the proposed site is classified GA, as defined in the Rules and Regulations for Groundwater Quality (Part 3 of this Subchapter) the location is not prohibited in § 2.5(D) of this Part, and the material meets GA Leachability Criteria Table 2 (§ 2.8 of this Part), Rules and Regulations for the Investigation and Remediation of Hazardous Materials Releases (§140-30-1 of this Title) and Appendix D (§ 2.19 of this Part). Dredged material proposed for disposal or beneficial use within 200 feet of the coastal zone is not required to meet GA Leachability Criteria.

c. Where there is an existing groundwater use within 1750 feet of the proposed disposal or use location (or within 400 feet in the case of disposal or beneficial use within 200 feet of the coastal zone), and the chloride concentration of the dredged material exceeds 200 mg/ kg dry material, an initial assessment of the impacts on the identified groundwater use must be submitted.

(1) If the initial assessment indicates, and the Department concurs, that the chloride concentration in groundwater will not exceed the federal drinking water standard of 250 mg/l at the point of groundwater use, the material may be disposed or beneficially used in accordance with § 2.9(B)(4)(a)(1) or 2.9(B)(4)(a)(2) of this Part.

(2) If the initial assessment indicates that the chloride concentration in groundwater will exceed 250 mg/l, a pollutant transport analysis may be submitted. If the pollutant transport analysis indicates, and the Department concurs, that the chloride concentration in groundwater will not exceed 250 mg/l at the point of groundwater use, the material may be disposed or beneficially used in accordance with § 2.9(B)(4)(a)(1) or 2.9(B)(4)(a)(2) of this Part.

5. Dredged material that exceeds Residential Direct Exposure Criteria but does not exceed the Commercial/Industrial Direct Exposure Criteria (Table 1 (§ 2.8 of this Part), Rules and Regulations for the Investigation and Remediation of Hazardous Materials Releases (§140-30-1 of this Title) and Appendix D (§ 2.19 of this Part)), must be disposed or beneficially used on property that is and will be used for industrial/commercial activities in accordance with an Environmental Land Use Restriction or Conservation Easement to be recorded in the land evidence records for the property or affected portions of the property. Such material may be disposed or beneficially used under the following conditions:

a. Where there are no points of groundwater use within 1750 feet of the proposed disposal or use location (or within 400 feet in the case of disposal or beneficial use within 200 feet of coastal zone), the material may be disposed or beneficially used in accordance with §§ 2.9(B)(4)(a)(1) or 2.9(B)(4)(a)(2) of this Part.

b. Where there is an existing groundwater use within 1750 feet of the proposed disposal or use location (or within 400 feet in the case of disposal or beneficial use within 200 feet of coastal zone) and the chloride concentration of the dredged material does not exceed 200 mg/ kg dry material, the material may be disposed or beneficially used where the groundwater at the proposed location is classified GB or GA, as defined in the Rules and Regulations for Groundwater Quality (Part 3 of this Subchapter), provided the location is not prohibited in § 2.5(D) of this Part, and provided the material does not exceed GA Leachability Criteria (Table 2 (§ 2.8 of this Part), Rules and Regulations for the Investigation and Remediation of Hazardous Materials Releases (§140-30-1 of this Title) and Appendix D (§ 2.19 of this Part)).

c. Where there is an existing groundwater use within 1750 feet of the proposed disposal or use location (or within 400 feet in the case of disposal or beneficial use within 200 feet of the coastal zone) and the chloride concentration of the dredged material exceeds 200 mg/ kg dry material, an initial assessment of the impacts on the identified groundwater use must be submitted.

If the initial assessment indicates, and the Department concurs, that the chloride concentration in groundwater will not exceed the federal drinking water standard of 250 mg/l at the point of groundwater use, the material may be disposed or beneficially used in accordance with § 2.9(B)(5)(b) of this Part.

d. If the initial assessment indicates that the chloride concentration in groundwater will exceed 250 mg/l, a pollutant transport analysis may be submitted. If the pollutant transport analysis indicates, and the Department concurs, that the chloride concentration in groundwater will not exceed 250 mg/l at the point of groundwater use, the material may be disposed or beneficially used in accordance with § 2.9(B)(5)(b) of this Part.

6. Consideration of Naturally Occurring Arsenic. Where the arsenic concentration of dredged material exceeds the Residential Direct Exposure Criteria, and there are no exceedances of any other Residential Direct Exposure Criteria, the applicant may conduct a background study of the proposed disposal and/or beneficial use location to determine whether the dredged material would cause any additional adverse impacts at the site. If the applicant chooses to conduct a background study, a proposed work plan must be submitted to the Department for review and approval. If the background study results indicate, and the Department concurs, that the concentration of arsenic in the dredged material is below the background concentration, and the background concentration is less than 7.0 mg/kg, the dredged material may be disposed or beneficially used at the proposed location without the need to file an ELUR.

7. Dredged material that exceeds Commercial/Industrial Direct Exposure Criteria must be disposed at a facility licensed to accept and manage such material.

C. Land disposal projects that may impact freshwater wetlands. The following provisions apply to land sites that contain wetlands under the jurisdiction of the Department, unless there is a valid DEM Freshwater Wetlands permit for the disturbance and other activities affecting wetlands at the site, no changes are proposed, and the disposal and/or beneficial use is carried out in accordance with the permit:

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

2. Any land disposal or beneficial use site must be located outside of all freshwater wetlands (R.I. Gen. Law §2-1-20) where feasible. Measures must be taken to protect wetlands adjacent to disposal sites from temporary and long-term impacts. At a minimum, erosion, sedimentation, and stormwater controls must be employed;

3. If alterations are proposed, the applicant must demonstrate that impacts to freshwater wetlands have been avoided to the maximum extent possible. If impacts cannot be avoided, an applicant must demonstrate that all alternatives to the proposed disposal or beneficial use which would not alter the natural character of any freshwater wetlands were considered and cannot be accomplished, and must further demonstrate that impacts have been minimized to the maximum extent possible. The applicant must consider and address the information listed in § 2.17 of this Part, Appendix B.

4. If the project has potential to significantly alter freshwater wetlands, the applicant will be required to file a separate Application to Alter Freshwater Wetlands, pursuant to the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act.

250 R.I. Code R. 250-RICR-150-05-2.9