Section 490-RICR-00-00-2.12 - Determinations of Plan Compliance2.12.1Determination of ComplianceUpon consideration of the written comments by all agencies designated herein and any public comment received by the Board, the Board shall determine whether the plan is in substantial compliance with the objectives of the Water Supply System Management Act and the requirements of these regulations. Substantial compliance shall be defined as having achieved the Water Supply System Management Act's stated objectives, goals, and planning mandates or otherwise having committed resources, as evidenced by a schedule for the timely implementation of such actions necessary to achieve the Act's objectives, goals, and mandates, as further specified in §2.8.8 of this Part. The Board shall issue a determination of compliance to water suppliers whose plans have been found in compliance with these regulations. The Board shall forward to each state review agency designated in §2.10.3 of this Part a copy of each determination of compliance issued by the Board.
2.12.2Determination of Non-ComplianceA. The Board shall issue a determination of non-compliance should the following occur: 1. A municipality or water supplier subject to the Water Supply System Management Act fails to submit a water supply system management plan, replacement, revisions, or amendments thereto, report or other filings required by the Water Supply System Management within specified time periods as provided herein;2. Any reviewing agency finds that substantive deficiencies prevent the water supply system management plan, replacements, revisions, or amendments thereto from meeting the requirements of the Water Supply System Management Act and the Board finds that these deficiencies constitute substantial non-compliance with the Act and this rule.B. The Board shall notify suppliers and other reviewing agencies of its determination of noncompliance in writing and shall specify areas of non-compliance.C. The date for re-submission of the revised or replacement plan shall be in accordance with a schedule as agreed to by the Board and the water supplier, not to exceed 1 year from the date of determination of non-compliance. Any subsequent revisions shall be re-submitted no later than 6 months from the date of any subsequent notification from the Board. D. Revised or replacement plans shall be filed with the Board, as specified in §2.10.3 of this Part, unless instructed otherwise by the Board. Said review agencies shall review and may submit written comments to the Board.2.12.3First Notice of DeficienciesA. A first Notice of Deficiencies shall be issued if the Board finds that the water supply system management plan, replacement, revision or amendment thereto is deficient due to incorrect, inconsistent, or missing data or information but otherwise is in substantial compliance with the objectives of the Water Supply System Management Act.B. The water supplier shall have 120 days from the date of notification within which to correct the deficiencies and resubmit the replacement plan or filing to the Board.C. The Board shall have 90 days from the date of the resubmission to determine whether the replacement plan or filing follows the regulations.D. Failure by the Board to notify the water supplier of its determination in writing within 90 days of the date of resubmission shall constitute acknowledgement of compliance.E. The existing plan shall remain in effect until the 5-year update or amendments are approved.490 R.I. Code R. 490-RICR-00-00-2.12