490 R.I. Code R. 490-RICR-00-00-2.10

Current through December 3, 2024

Section 490-RICR-00-00-2.10 - Plan Submittal

2.10.1Time Schedule for Plan Submittal

A. Each water supplier required by these regulations to prepare and maintain a water supply system management plan shall file such plan per a date determined by the Water Resources Board.

B. Institutional water suppliers or water suppliers that obtain, transport, purchase, or sell an amount of water exceeding 50 million gallons per year are required to submit a water supply system management plan, under the rules set forth in these procedures. The Board allows 18 months from the end of the chronological year in which the 50 million gallons or more per year volume occurred for the development of these plans.

C. In order to determine when a water supplier meets the 50 million-gallon per year threshold under WSSMP, the Board shall utilize the information from the water supplier, Rhode Island Department of Health, payment of state surcharges, and any other available information.

2.10.2Plan Amendments

A. Each water supplier shall review its plans at least once every five (5) years from the date of Board approval or whenever a significant component of the plan is no longer valid, and shall amend or replace its plan as required to remain current. The Board may notify the water supplier in writing of any section(s) of the plan requiring revisions and of the reasons such revisions are necessary. Such revised plan shall be submitted to the Board in accordance with a negotiated schedule not to exceed one (1) year beyond the five (5) year due date.

B. Circumstances under which a plan requires updating shall include but are not limited to the following:

1. The water supplier proposes to add or abandon a source of supply beyond those addressed in an existing plan;

2. The water supplier projects water demand to be significantly greater than the demand projected in an existing plan;

3. Existing or projected demand exceeds available water;

4. A new contract for the sale or purchase of water is executed;

5. Use of an existing or proposed source becomes infeasible;

6. Significant changes in existing or potential sources of contamination to water supplies.

7. New statutory requirements for water supply plans

C. If only minor alterations to an existing plan are considered necessary for the plan to remain current, the water supplier may request a waiver of the plan amendment requirement from the Board. The request for waiver must be accompanied by written evidence supporting the request and shall include, but not necessarily be limited to, the following: a progress report on all items required by § 2.8 of this Part including progress on implementation, an updated emergency management component, and an updated executive summary. No waiver can be granted for the Emergency Management component. Upon approval by the Board, the waiver request, progress report, emergency management component update, and an updated executive summary, shall together meet the requirements of the five (5) year update.

D. Plan amendments or request for waivers will include a report of progress in implementing priority measures.

2.10.3Filing of Plans

A. ALL WATER SUPPLY SYSTEMS MANAGEMENT PLANS SHALL BE TREATED AS CONFIDENTIAL DOCUMENTS. THE BOARD AND THE DESIGNATED REVIEW AGENCIES SHALL INDIVIDUALLY DEVELOP PROCEDURES FOR DOCUMENT SECURITY.

B. Each water supplier, as defined herein, shall file at least two (2) electronic and one (1) paper copies of all plans revisions, responses to comments, and amendments thereto to the Board. A paper copy of any maps larger than 8-1 /2 X 11 inches shall accompany each electronic copy of the plan. The Board will transmit a review copy of the plan to the following agencies any such submissions within fifteen (15) days of its receipt by the Board:

1. The Office of Drinking Water Quality of the Department of Health;

2. The Statewide Planning Program of the Department of Administration;

3. The Administrator of the Division of Public Utilities and Carriers, if applicable and

4. The Office of Water Resources of the Department of Environmental Management.

C. The water supplier shall place an executive summary at its main office and shall post the document on its website and the website of each municipality it serves on a retail basis.

D. A total of one (1) electronic and one (1) paper Executive Summary shall be submitted to the Board and shall consist of a summary of each required content area of the plan as specified in R.I. Gen. Laws § 46-15.3-7.5

1. THE EXECUTIVE SUMMARY SHALL BE DISTRIBUTED AS THE PUBLIC DOCUMENT and shall be updated and resubmitted whenever an amended or replacement plan is prepared.

E. The Board will implement appropriate security measures when transmitting electronic and paper versions of the plans.

2.10.4Requests for Time Extensions

A. Except for the emergency management section, water suppliers may request in writing that the Board extend the time in which to complete and submit its water supply system management plan, replacements, revisions, or amendments thereto, or other filings required by the Water Supply System Management Act, R.I. Gen. Laws § 46-15.3-1 et seq., not to exceed one (1) year. Such requests for time extensions must be received no later than three (3) months prior to the required filing's scheduled submittal date.

B. Approval of such requests shall be granted only upon demonstration that an extension is justified by extraordinary circumstances of the water supplier. An extension, if approved, shall not waive any of the requirements of §2.12.2 of this Part.

C. No extensions of time shall be granted for the submittal of emergency management plans.

490 R.I. Code R. 490-RICR-00-00-2.10