250 R.I. Code R. 250-RICR-150-05-4.11

Current through November 7, 2024

Section 250-RICR-150-05-4.11 - Stormwater Discharge System Registration

A. The owner of a facility with a proposed injection well identified in § 4.6(F)(9) of this Part or a proposed stormwater discharge system shall obtain a Stormwater Discharge System Registration prior to initiation of construction and installation activities and shall comply with all requirements of § 4.11 of this Part. The design, selection and placement of appropriate means of discharge and/or pretreatment for any stormwater discharge system regulated under § 4.11 of this Part shall adhere to the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter. Notwithstanding the redevelopment definition in the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter, the requirements in this rule also apply to projects with a disturbed area of less than 10,000 square feet.

B. Application Requirements: The owner of a facility with a proposed stormwater discharge system not covered under §§ 4.11(C) through (E) of this Part, shall submit to the Director, an Application for a Stormwater Discharge System Registration, prepared in accordance with § 4.8 of this Part, and any other information required by the application, the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter or the Director.

C. Exemption from Registration: The following activities are exempt from registration under these rules:

1. Stormwater from a residential lot, which is infiltrated onto the same property, for any project proposed to infiltrate stormwater from [LESS THAN]10,000 square feet of impervious area;

2. Stormwater from a land use that is not a Land Use of Higher Potential Pollutant Load (LUHPPL) that is delivered through permeable pavement, filtering systems or open channel systems provided that the practices are designed, installed and maintained in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter; or,

3. Stormwater from a non-residential lot, which is infiltrated onto the same property, for any project proposed to infiltrate stormwater from [LESS THAN]10,000 square feet of impervious area, provided that no stormwater is infiltrated from parking or driveway areas or areas defined as a LUHPPL in the Rhode Island Stormwater Design and Installation Standards Manual, Subchapter 10 Part 7 of this Chapter; or,

4. Stormwater delivered through infiltration basins or surface infiltration trenches where the design is approved or deemed non-jurisdictional by RIDEM or the Rhode Island Coastal Resources Management Council (RICRMC) or the municipality before December 31, 2012 and the stormwater discharge system is installed prior to July 1, 2017.

D. Waiver from Registration: The requirement to apply for a Stormwater Discharge System Registration shall be waived for a stormwater discharge system subject to these rules that has received approval for such system from the RIDEM Pollutant Discharge Elimination System (RIPDES) Program, for those projects subject to a full RIPDES Program review, the Freshwater Wetlands Program or the Water Quality Certification Program. This waiver shall also apply where addition, expansion or other modification is proposed for a stormwater discharge system subject to a Registration under these rules that has received such approval from the RIDEM RIPDES, Freshwater Wetlands or Water Quality Certification programs.

E. Automatic Registration: A stormwater discharge system subject to these rules shall be deemed Registered upon submission by the owner of proof of Assent for such system issued by the RICRMC. Automatic registration shall also apply upon submission by the owner of proof of Assent for an addition, expansion or other modification to a stormwater discharge system subject to these rules that has received RICRMC approval for such activity.

F. The Director may, at any time, require the owner of a facility with a stormwater discharge system authorized under § 4.11 of this Part to submit additional information, including analytical characterization of a stormwater discharge, performed in accordance with § 4.14 of this Part, to determine if the stormwater discharge has or may adversely impact the groundwater resources of the State or cause or contribute to a violation of these rules. If the Director determines that the stormwater discharge or the stormwater discharge system does not meet the requirements for continued authorization under this rule, the owner may be required to modify the system in accordance with § 4.15 of this Part or close the system in accordance with § 4.18 of this Part.

G. Notification of Installation: The owner shall submit to the Director within 30 days after completion of construction and installation of a stormwater discharge system, a Notification of Completion of Construction and Installation confirming that construction and installation has been completed in accordance with the approved application and associated plans.

H. Expiration of Registration: A Registration issued under § 4.11 of this Part for a stormwater discharge system that has not been constructed and installed shall expire 4 years from the date of issuance, unless otherwise extended by a tolling period pursuant to R.I. Gen. Laws § 42-17.1-2.5. Once a Registration is expired, a new application and application fee shall be submitted for any proposed activity subject to these rules.

I. Proposed Changes: Where addition, expansion or other modification as described in § 4.15 of this Part is proposed to a stormwater discharge system authorized under § 4.11 of this Part, the owner shall submit to the Director, an Application to Modify a Groundwater or Stormwater Discharge System and any other information required by the application or the Director. The Director may also require modification at any time if new information that was not available at the time of issuance of a Stormwater Discharge System Registration would have justified the application of additional or different conditions.

J. Closure Requirements: Prior to closure of a stormwater discharge system located below the ground surface and authorized under § 4.11 of this Part, the owner shall submit to the Director, a Notification of Termination of a Groundwater Discharge, in accordance with § 4.18(B) of this Part, and any other information required by the Director.

K. Unauthorized Discharge: The owner of a stormwater discharge system that infiltrates stormwater from a LUHPPL and has been operating without a Department approval shall apply for registration under § 4.11 of this Part. If it is determined by the Director that the owner is not eligible for registration, the owner shall be required to cease the groundwater discharge and initiate closure activities in accordance with § 4.18(C) of this Part. Analytical characterization of the groundwater discharge system and/or surrounding groundwater may be required prior to obtaining a Registration under these rules. The owner of a stormwater discharge system that was installed prior to July 12, 2012 and infiltrates stormwater from an area other than a LUHPPL shall not be required to obtain authorization under these rules.

250 R.I. Code R. 250-RICR-150-05-4.11