250 R.I. Code R. 250-RICR-150-05-3.8

Current through November 7, 2024

Section 250-RICR-150-05-3.8 - Prohibitions and Other General Requirements

A. Groundwater shall be maintained at a quality consistent with its classification. No person shall take actions that violate or cause to violate the standards established in these rules.

B. No person shall cause or allow a discharge of any pollutant to groundwater without the approval of the Director pursuant to these and other Department Rules and Regulations.

C. No person shall operate or maintain a facility in a manner that may result in a discharge of any pollutant to groundwater without the approval of the Director.

D. The establishment of new solid waste landfills is prohibited in areas where the groundwater is classified GAA or within a wellhead protection area designated in accordance with § 3.16 of this Part.

E. The establishment of new facilities that are required to be permitted as treatment, storage or disposal facilities or require Letters of Authorization for temporary storage and/or transfer areas of hazardous waste pursuant to the Rhode Island Rules and Regulations for Hazardous Waste Management Part 140-10-1 of this Title is prohibited within the areas listed below in §§ 3.8(E)(1) through (3) of this Part. This prohibition does not apply to the following: generators of hazardous waste as defined in the Rhode Island Rules and Regulations for Hazardous Waste Management Part 140-10-1 of this Title; emergency permits for the treatment of hazardous waste under the Rhode Island Rules and Regulations for Hazardous Waste Management Part 140-10-1 of this Title; and treatment of hazardous waste as part of an emergency permit or a remedial action approved pursuant to the Part 140-30-1 of this Title.

1. Where the groundwater is classified GAA;

2. Within a wellhead protection area designated in accordance with § 3.16 of this Part; and

3. Within areas where the groundwater is classified GA where public water is not available to all surrounding properties.

F. The establishment of new facilities or new locations for the temporary or permanent storage of road salt or salt/sand mixtures is prohibited where the groundwater is classified GAA or GA unless the storage meets the following conditions:

1. Within a weatherproof structure if the pile is larger than 100 cubic yards, otherwise a secured, durable, waterproof covering is sufficient;

2. On an impermeable base; and

3. Runoff from the operational area around the salt or salt/sand storage is controlled by best management practices.

G. At locations where road salt or salt/sand mixtures have been stored annually over groundwater classified GAA or GA prior to April 17, 2005, storage of road salt or salt/sand mixtures at these locations must, at minimum be covered with a secured, durable, waterproof cover to protect the salt from precipitation.

H. No person shall install underground storage tanks (as defined in the Rhode Island Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials) within the wellhead protection area of community water supply wells designated in accordance with § 3.16 of this Part. However, such underground storage tanks that have been registered prior to October 22, 2002 and have not been abandoned or removed from the ground for more than 180 days shall be permitted to be replaced with a tank(s) of equivalent size or less, and substance stored in accordance with the provisions of the Rhode Island Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials, Part 140-25-1 of this Title.

250 R.I. Code R. 250-RICR-150-05-3.8

Adopted effective 1/9/2019
Amended effective 12/28/2023