250 R.I. Code R. 250-RICR-150-05-4.8

Current through November 7, 2024

Section 250-RICR-150-05-4.8 - Conditions for Authorization

A. The owner of a facility with a proposed groundwater discharge shall obtain authorization from the Director pursuant to these rules prior to construction and installation of a groundwater discharge system. Compliance with all requirements of a Groundwater or Stormwater Discharge System Registration or a Groundwater Discharge System Approval or Temporary Approval, and these rules, is required prior to commencement of any groundwater discharge system operation. The owner shall comply with any State or federal requirement that is more stringent than these rules, where applicable.

B. A Registration or Approval shall be issued only for those facilities in which the groundwater discharge system is designed, located, constructed, installed, operated and maintained so as to prevent adverse impact to the groundwater resources of the State or a violation of these rules or any other State or federal law, rule, regulation or standard.

C. A Registration or Approval issued pursuant to these rules shall not be construed to authorize any groundwater discharge that violates any requirement of these rules.

D. A Registration or Approval shall not be issued if the Director determines that another treatment or disposal method that affords better protection of the groundwater resources is reasonable and available.

E. A Registration or Approval issued pursuant to these rules shall not authorize any injury to persons or property or invasion of other property rights or any infringement of other State or federal law, rule, regulation or standard.

F. Any application or associated information submitted to the Director pursuant to these rules, with exception for § 4.18 of this Part, and any required technical information or technical report subsequently submitted in support of an application pursuant to these rules that is significantly different from the original application, shall be prepared by or under the direction, and bear the seal, of a Professional Engineer (P.E.) registered with the Rhode Island State Board of Registration for Professional Engineers. A Professional Engineer registered in Rhode Island after December 31, 1994 must be registered as a Civil or Environmental Engineer.

G. Any application submitted to the Director pursuant to these rules shall be signed by the owner of the facility or as follows:

1. For a corporation: by a principal executive officer of at least the level of vice-president or a duly authorized representative of the facility. A person is a duly authorized representative of the facility and its owner(s) if the authorization is made in writing by the legal signatory, specifies an individual or position having responsibility for the overall operation or is submitted to the Director either prior to or with documents signed by the authorized representative;

2. For a partnership or sole proprietor: a general partner or proprietor or a representative authorized in writing by a general partner or proprietor, respectively; or,

3. For a state, federal, municipal or quasi-public agency: an office director, department director or authorized representative thereof or ranking elected official.

H. Applicable Fees: Any application submitted to the Director pursuant to these rules shall be accompanied by an associated fee in accordance with the schedule set forth in § 4.19 of this Part.

I. Complete Application: An application shall be considered complete when all required information has been submitted, including any application, report, plan, map, signature or any other information required by the application or the Director and all associated fees have been paid in accordance with § 4.19 of this Part. The Director shall not consider any incomplete application for an activity regulated under these rules.

J. Unacceptable Application: When the Department determines that an application is unacceptable for any reason, the applicant has one year from the date of the unacceptable notice to correct all deficiencies identified by the Department. If all of the deficiencies are not corrected within one year from the date of the unacceptable notice, the applicant must submit a new application and application fee for any proposed activity subject to these rules.

K. Other Information: When the owner becomes aware that any relevant facts were not submitted in an application, report or other required submittal or that incorrect information was submitted in an application, report or other required submittal, such updated information shall be immediately submitted to the Director.

L. The owner shall comply at all times with the terms and conditions of a Registration or Approval issued pursuant to these rules.

M. The Director may, at any time, require the owner of a facility with a groundwater discharge system authorized under these rule to submit additional information to determine if the groundwater discharge has or may adversely impact the groundwater resources or cause or contribute to a violation of these rules.

N. The owner shall at all times maintain sufficient financial resources to allow for the proper closure of a groundwater discharge system in accordance with § 4.18 of this Part. A surety bond may be required for submission with an application at the discretion of the Director.

O. Termination of Approval: A Registration or Approval may be terminated by the Director and subject to closure under § 4.18 of this Part for the following reasons:

1. Unauthorized or improper use of a groundwater discharge system;

2. Failure to comply with the Registration or Approval, these rules or any other applicable State or federal law, rule, regulation or standard; or,

3. Where the Director has determined that the groundwater discharge has or may adversely impact the groundwater resources of the State or cause or contribute to a violation of these rules. The Director may halt construction and installation or operation of a groundwater discharge system upon receipt of information that the groundwater discharge may cause or contribute to a violation of a primary drinking water regulation under the federal Safe Drinking Water Act, a groundwater quality standard established by the RIDEM Groundwater Quality Rules Part 3 of this Subchapter or any other State or federal law, rule, regulation or standard, or which may adversely impact the groundwater resources.

P. Unauthorized Discharge: The owner of a groundwater discharge system that has been operating without a Department approval shall notify the Director and may be eligible to obtain a Registration or Approval under §§ 4.9 through 4.11 of this Part or may be required to cease the groundwater discharge and initiate closure activities in accordance with § 4.18 of this Part.

Q. Considerations under Federal Law: A Registration or Approval issued, or a closure completed, pursuant to these rules for a groundwater discharge described in §§ 4.6(E) through (G) of this Part shall contain conditions consistent with the requirements of applicable federal laws, rules, regulations and standards and shall constitute compliance with Part C of the federal Safe Drinking Water Act.

250 R.I. Code R. 250-RICR-150-05-4.8