250-RICR-150-05-1
250-RICR-150-05-1. Water Quality Regulations (version Technical Revision, 08/19/2018 to 01/04/2022)
1.1 Purpose
It is the purpose of these
regulations to establish water quality standards for the State's
surface waters. These standards are intended to restore, preserve and
enhance the physical, chemical and biological integrity of the waters
of the State, to maintain existing water uses and to serve the
purposes of the Clean Water Act and R.I. Gen. Laws Chapter 46-12.
These standards provide for the protection of the surface waters from
pollutants so that the waters shall, where attainable, be fishable
and swimmable, be available for all designated uses, taking into
consideration their use and value for public water supplies,
propagation of fish and wildlife, recreational purposes, and also
taking into consideration their use and value for navigation, and
thus assure protection of the public health, safety, welfare, a
healthy economy and the environment.
1.2 Legal Authority
The authority for these
regulations is vested in the Director by R.I. Gen. Laws Chapters
46-12, 42-17.1, and 42-17.6. These rules and regulations are further
promulgated pursuant to the requirements and provisions of all
chapters of the State of Rhode Island General Laws relating to the
duties and responsibilities of the Director for the waters of the
State, and in accordance with the requirements of R.I. Gen. Laws
Chapter 42-35.
1.3 Incorporated Materials
A. These regulations hereby
adopt and incorporate 40 C.F.R. § 136 (2018) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
B. These regulations hereby
adopt and incorporate the “Methods for Measuring the Toxicity
and Bioaccumulation of Sediment-associated Contaminants with
Freshwater Invertebrates”, Second Edition, March 2000,
EPA/600/R-99/064 by reference, not including any further editions or
amendments thereof and only to the extent that the provisions therein
are not inconsistent with these regulations.
C. These regulations hereby
adopt and incorporate 40 C.F.R. § 404(b)(1) (2018) by reference,
not including any further editions or amendments thereof and only to
the extent that the provisions therein are not inconsistent with
these regulations.
D. These regulations hereby
adopt and incorporate the “Assessing Human Health Risk from
Chemically-Contaminated Fish and Shellfish”, September 1989,
EPA/503/8-89-002 by reference, not including any further editions or
amendments thereof and only to the extent that the provisions therein
are not inconsistent with these regulations.
E. These regulations hereby
adopt and incorporate the "Water Quality Criteria Documents;
Availability," Appendix C - "Guidelines and Methodology
used in Preparation of Health Effect Assessment Chapters of the
Consent Decree Water Criteria Documents," November 28, 1980, 45
FR 79347 by reference, not including any further editions or
amendments thereof and only to the extent that the provisions therein
are not inconsistent with these regulations.
F. These regulations hereby
adopt and incorporate 40 C.F.R. § 131.12(a)(1) (2018) by
reference, not including any further editions or amendments thereof
and only to the extent that the provisions therein are not
inconsistent with these regulations.
G. These regulations hereby
adopt and incorporate 40 C.F.R. § 423 (2018) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
H. These regulations hereby
adopt and incorporate 40 C.F.R. § 116.4 (2018) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
1.4 Definitions
A. For the purposes of these
regulations, the following terms shall have the following meanings:
1. "Acute toxicity"
means lethal or sublethal severe adverse effect(s) to an organism
when exposed to a toxic pollutant(s) for a relatively short period of
time. In aquatic toxicity tests, an effect observed in 96 hours or
less is typically considered acute.
2. "Administrator"
means the administrator of the United States Environmental Protection
Agency or any subordinate or subordinates to whom the Administrator
delegates the powers and duties vested in that office.
3. "Applicable standards
and limitations" means all state, interstate and federal
standards and limitations to which a discharge or activity is subject
under the Clean Water Act Federal Water Pollution Control Act, 33
U.S.C. § 1251 et seq . or any State Acts
4. "Applicant" means
a person who applies for any approvals for any discharge, activities,
projects, or facilities in accordance with the requirements of these
regulations.
5. "Application"
means all forms, documents, and other information required by the
Department to apply for a permit, order, certificate, or other
approval from the Department in accordance with the requirements of
these regulations.
6. "Approval" means
an authorization, Order of Approval, permit, certification, license
or equivalent determination issued pursuant to regulations
promulgated by the Department.
7. "Aquaculture facility"
means a defined managed water area or facility for the maintenance or
production of harvestable freshwater, estuarine or marine plants
and/or animals. Defined managed water area as used in this
definition, means the portions of the waters of the state within
which the permittee or permit applicant confines and/or plans to
confine the cultivated species, using a method or plan of operation
(including but not limited to, physical confinement) which, on the
basis of reliable scientific evidence, is expected to ensure that
specific individual organisms comprising an aquaculture crop will
enjoy increased growth and be harvestable within a defined
geographical area.
8. "Aquatic research
related activities" means an activity in which research is
conducted to evaluate the effect of various factors on the health,
growth, or reproduction of aquatic organisms.
9. "Assimilative
capacity" means the amount of a pollutant or pollutants that can
safely be released to a waterbody or segment of a waterbody under the
most adverse conditions, as defined in § 1.10(C) of this Part,
which will not cause any violations of applicable water quality
criteria nor cause measurable harm or alteration to the natural
biological community found therein.
10. "Background"
means the water quality upstream of all point and nonpoint sources of
pollution.
11. "Best Management
Practices” or “BMPs" means schedules of activities,
prohibitions of practices, maintenance procedures, and other
management practices to prevent or reduce the pollution of and
impacts upon waters of the State. BMPs also include treatment
requirements, operating procedures, and practices to control site
runoff, spillage or leaks, sludge or waste disposal, or drainage from
raw material storage.
12. "Best Professional
Judgment” or “BPJ" means a determination, based on
best engineering and/or scientific practices and best management
practices, involving any pollutant, combination of pollutants or
practice(s), on a case by case basis, which is determined by the
Director to be necessary to carry out the provisions of the Clean
Water Act and any applicable chapters of the Rhode Island General
Laws. BPJ can be used to set Best Available Technology Economically
Achievable, Best Conventional Pollutant Control Technology, Best
Practicable Control Currently Available or Best Management Practices
limitations pursuant to the Clean Water Act 33 U.S.C. § 1251 et
seq . either in the absence of an applicable promulgated effluent
guideline or where promulgated effluent limitation guidelines only
apply to certain aspects of the discharge's operation or to certain
pollutants.
13. "Bioassay" means
a toxicity testing procedure using aquatic organisms to determine the
concentration or amount of a toxic pollutant(s) causing a specified
response in the test organisms under stated test conditions.
14. "Brackish water"
means those waters of the state in which the natural level of
salinity is greater than 1 (one) part per thousand but less than 10
(ten) parts per thousand, 95 percent or more of the time.
15. "C.F.R." means
the Code of Federal Regulations.
16. "Chronic toxicity"
means lethal or sublethal adverse effect(s) to an organism or its
progeny, based on various physiological measurements including but
not limited to growth, survival, or reproductive success when exposed
to a toxic pollutant(s) for a relatively long period of time. The
methods commonly used to estimate chronic effects involve exposures
of typically seven (7) days or less.
17. "Clean Water Act”
or “CWA" means the Federal Water Pollution Control Act 33
U.S.C. § 1251 et seq . .
18. “Coldwater fishery”
means waters in which naturally occurring water quality and/or
habitat allow the maintenance of naturally reproducing indigenous
coldwater fish populations.
19. "Combined sewer"
means a sewer which serves as a sanitary sewer and a storm sewer.
20. "Combined Sewer
Overflow” or “CSO" means flow from a combined sewer
that is discharged into a receiving water without going to a
treatment works. A CSO is distinguished from bypasses which are
diversions of waste streams from any portion of a treatment works.
21. "Contiguous zone"
means the entire zone established by the United States under Article
24 of the Convention on the Territorial Sea and the Contiguous Zone.
22. "Controlled relay"
means the transplant of shellfish from certain waters to Class SA
waters suitable for shellfish harvesting under the coordination and
authority of the RIDEM for the purpose of natural purification and
controlled harvest, consistent with the National Shellfish Sanitation
Program guidance.
23. "Cultural
eutrophication" means the human-induced acceleration of primary
productivity in a surface waterbody resulting in nuisance conditions
of algal blooms and/or dense macrophytes.
24. "Department" or
"Departmental" or "DEM" or "RIDEM" or
"Director" means the Rhode Island Department of
Environmental Management or the Director of the Department of
Environmental Management or any designee to whom the Director
delegates the powers and duties vested in that office.
25. "Depuration"
means the artificial holding of shellfish for purification purposes.
26. “Designated bathing
beach” means bathing beaches licensed by the Rhode Island
Department of Health.
27. "Designated uses"
means those uses specified in water quality standards for each
waterbody or segment whether or not they are being attained. In no
case shall assimilation or transport of pollutants be considered a
designated use.
28. "Discharge"
means to cause or allow the addition or release of any pollutants to
the waters of the State or placement of any pollutant where it is
likely to enter the waters of the State and includes but is not
limited to surface water runoff, spilling, depositing, placing,
leaking, pumping, pouring, emitting, emptying, or dumping. This
definition includes additions of pollutants into waters of the State
from both point and nonpoint sources. This term does not include an
addition of pollutants by an indirect discharge.
29. "Discharger"
means any person who causes, or allows, any discharge.
30. "Dredging" means
the excavation of sediments from beneath surface waters by mechanical
or hydraulic means.
31. "EC50" means the
concentration of a test material in a suitable diluent at which 50
percent of the exposed organisms exhibit a specified response during
a specified time period.
32. "Effluent
limitations" means any restriction imposed by the Director on
quantities, discharge rates, and concentrations of pollutants which
are discharged from point sources into surface waters of the state or
the contiguous zone.
33. "Effluent limitation
guidelines" means a regulation published by the Administrator
under Section 304(b) of the Clean Water Act, 33 U.S.C. § 1314 to
adopt or revise effluent limitations.
34. "Effluent limited
waters" means any segment of a surface waterbody where the water
quality currently meets or is expected to meet applicable water
quality standards after the application of the technology-based
effluent limitations required by Sections 301(b) (33 U.S.C. §
1311) and 306 (U.S.C. § 1316) of the Act.
35. "EPA" means the
United States Environmental Protection Agency.
36. "Existing use"
means those designated uses and any other uses that do not impair the
designated uses and that are actually attained in a waterbody on or
after November 28, 1975; except that in no case shall assimilation or
transport of pollutants be considered an existing use.
37. "Facility" means
any building, structure and operation, including land or
appurtenances thereto, on one contiguous site.
38. "Filling" means
to place dirt, soil, stones, gravel, sand, sediment, tree stumps,
brush, leaves, solid waste, debris, garbage, trash, pollutants, or
any other material, substance, or structure, either foreign or
related, on or in any waters of the state or in such a way as to
alter the natural character, function or value of any waters of the
State.
39. "Fish and wildlife"
means birds, fish, shellfish, mammals and all other classes of wild
aquatic and land organisms and all types of vegetation upon which
they are dependent, including all indigenous species.
40. "Flow alteration"
means the withdrawal of water from a surface water, either directly
or indirectly, or the alteration of the normal flow patterns of a
surface water due to a project which diverts or holds the surface
water.
41. "Freshwater"
means those waters of the State in which the natural level of
salinity is equal to or less than one (1) part per thousand, 95
percent or more of the time.
42. "Groundwater"
means water found underground which completely fills the open spaces
between particles of soil and within rock formations.
43. "Habitat" means
the area which provides direct support for a given species,
population or community. It includes all environmental features that
comprise an area such as air, water, vegetation, soil, substrate and
hydrologic characteristics.
44. "Hazardous substance"
means any substance designated under Designation of Hazardous
Substances, 40 C.F.R. § 116.4, incorporated above in §
1.3(H) of this Part, pursuant to Section 311 of the Clean Water Act,
33 U.S.C. § 1321.
45. "Hazardous waste"
means any waste as defined in accordance with R.I. Gen. Laws §
23-19.1-4 and regulations adopted pursuant thereto.
46. "High quality waters"
means all Class A and SA surface waters as well as other surface
waters whose quality exceeds the minimum water quality criteria for
any State aquatic life and/or human health criteria or water quality
standards assigned to them; or whose quality and characteristics make
them critical to the propagation or survival of important living
natural resources; or those waters constituting a Special Resource
Protection Water or an Outstanding National Resource Water.
47. "Indirect discharge"
means any discharge into a treatment works.
48. "Kettlehole"
means a pond or freshwater wetland in a depression in the earth's
surface formed by the melting of a wholly or partially buried block
of glacial ice.
49. "Lake, pond or
reservoir" means any body of water, whether naturally occurring
or created in whole or in part, excluding sedimentation control or
stormwater retention/detention basins, unless constructed in waters
of the State.
50. "LC50" means the
concentration of a test material in a suitable diluent at which 50
percent of the exposed organisms die during a specified time period.
51. "Load allocation"
means the portion of a receiving water's loading capacity that is
attributed either to one of its nonpoint sources of pollution or to
natural background sources.
52. "Loading capacity"
means the maximum amount of loading that a surface water can receive
without violating water quality standards.
53. "Low quality waters"
or "degraded" means any water whose quality falls below any
of the criteria of § 1.10(B) of this Part in accordance with
Applicable Conditions of § 1.10(C) of this Part and
corresponding to its classification as designated in § 1.9(E) of
this Part, as determined by the Director, shall be considered
degraded for that particular criterion and in violation of its water
quality standards and, therefore, unsatisfactory for any designated
uses which the Director determines are affected by the particular
criterion which is violated. Waters in their natural hydraulic
condition may fail to meet their assigned water quality criteria from
time to time due to natural causes, without necessitating the
modification of assigned water quality standard. Such waters will not
be considered to be violating their water quality standards if
violations of criteria are due solely to naturally occurring
conditions unrelated to human activities.
54. "Marina" means:
a. A dock, pier, wharf, float
or combination of such facilities that may accommodate five (5) or
more recreational vessels as a commercial operation or in association
with a club; or
b. Any dock, pier, wharf,
float or combination of such facilities used as a commercial
operation, aside from a) above, at which any vessel is serviced or
maintained.
55. "Marine Sanitation
Device (MSD)-Type I" means a marine toilet which, under
prescribed test conditions, will produce an effluent that will not
exceed a fecal coliform bacteria count of one thousand (1,000) parts
per hundred (100) milliliters, and have no visible solids.
56. "Marine Sanitation
Device (MSD)-Type II" means a marine toilet which, under
prescribed test conditions, will produce an effluent that will not
exceed a fecal coliform bacteria count of two hundred (200) parts per
hundred (100) milliliters, and have suspended solids not greater than
one hundred and fifty (150) milligrams per liter.
57. "Marine Sanitation
Device (MSD)-Type III" means a marine toilet which is designed
to prevent the discharge from the vessel of any treated or untreated
sewage, or any waste derived from sewage.
58. "Marine toilet"
means any toilet or receptacle for the containment of human wastes
located on or within any vessel, as defined herein, not including a
portable potty.
59. "Mixing zone"
means a limited area or volume in the immediate vicinity of a
discharge where mixing occurs and the receiving surface water quality
is not required to meet applicable standards or criteria, provided
the minimum conditions described in §§ 1.10(B)(5) and (6)
of this Part are attained.
60. "Municipality"
means a quasi‑governmental corporation, association or other
public body created by or under State law and having jurisdiction
over disposal of sewage, industrial wastes, or other wastes; a city,
town, county, district, or a designated and approved management
agency under Section 208 of the Clean Water Act, 33 U.S.C. §
1288.
61. "Natural background
conditions" means all prevailing dynamic environmental
conditions in a waterbody or segment thereof, other than those
human-made or human-induced.
62. "New discharge"
means any discharge which commenced subsequent to November 28, 1975,
unless appropriate approvals had been granted.
63. "No discharge
area/zone" means an area of the surface waters of the State
which has been requested by the Director of the Department of
Environmental Management and declared by the United States
Environmental Protection Agency, pursuant to Section 312 of the Clean
Water Act, 33 U.S.C. § 1322, to be an area in which any
discharge of sewage from vessels is prohibited.
64. "Non-contact cooling
water" means water which is used to reduce temperature and does
not come into direct contact with any raw material, intermediate
product (other than heat), or finished product.
65. "Nonpoint Source"
or "NPS" means any discharge of pollutants that does not
meet the definition of Point Source in Section 502(14) of the Clean
Water Act, 33 U.S.C. § 1362, and these regulations. Such sources
are diffuse, and often associated with land-use practices, and carry
pollutants to the waters of the State, including but not limited to,
non-channelized land runoff, drainage, or snowmelt; atmospheric
deposition; precipitation; and seepage.
66. "Nutrient" means
a chemical element or compound such as but not limited to nitrogen or
phosphorous which is essential to and promotes the growth and
development of marine or freshwater plant species.
67. "Outstanding National
Resource Waters” or “ONRW” means waters of National
and State Parks, Wildlife Refuges, and other such waters designated
as having special recreational or ecological value.
68. "Person" means
an individual, trust, firm, joint stock company, corporation
(including a quasi‑governmental corporation), partnership,
association, syndicate, municipality, municipal or state agency, fire
district, club, non‑profit agency or any subdivision,
commission, department, bureau, agency or department of state or
federal government (including any quasi‑governmental
corporation) or of any interstate body.
69. "Point source"
means any discernible, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal
feeding operation or vessel, or other floating craft, from which
pollutants are or may be discharged. This term does not include
return flows from irrigated agriculture.
70. "Pollutant"
means any dredged material, solid waste, incinerator residue, sewage,
garbage, sewage sludge, sediment, filter backwash, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial
or municipal or agricultural waste or effluent, petroleum or
petroleum products, including but not limited to oil; or any material
which will likely alter the physical, chemical, biological or
radiological characteristics and/or integrity of water.
71. "Pollution"
means the human-made or human-induced alteration of the physical,
chemical, biological or radiological characteristics and/or integrity
of water.
72. "Pretreatment
requirements" means any limitation or prohibition on quantities,
quality, rates, and/or concentrations of pollutants directly or
indirectly discharged into or otherwise introduced into a treatment
works that are imposed by federal or state regulation or by the
treatment works.
73. "Primary contact
recreational activities" means any recreational activities in
which there is prolonged and intimate contact by the human body with
the water, involving considerable risk of ingesting water, such as
swimming, diving, water skiing and surfing.
74. "Priority pollutant"
means those pollutants listed pursuant to Section 307(a)(1) of the
Clean Water Act, 33 U.S.C. § 1317.
75. "Public drinking
water supplier" means any city, town, district, or other
municipal, public, private corporation or company, or non-profit
entity authorized to engage in the collection and treatment of
surface water for the purposes of distribution of drinking water in
Rhode Island and whose source of drinking water is a surface water in
Rhode Island.
76. "Public drinking
water supply" or “PDWS” means the source of surface
water for a public drinking water supplier.
77. "Pycnocline"
means a steep density gradient in an estuary caused by differences in
temperature or salinity between the bottom and surface layers of
water that limits mixing of the two layers.
78. "Rhode Island
Pollutant Discharge Elimination System” or “RIPDES"
means the Rhode Island system for issuing, modifying, revoking and
reissuing, terminating, monitoring and enforcing point source
discharge permits and imposing and enforcing pretreatment
requirements pursuant to R.I. Gen. Laws Chapter 46-12 and the federal
Clean Water Act.
79. "RIPDES regulations"
means the Rhode Island Pollutant Discharge Elimination System
Regulations promulgated by the Department and any amendments thereto.
80. "Runoff" means
water that drains from an area as surface flow.
81. "Sanitary sewer"
means a sewer which conveys sewage.
82. "Seawater” or
“Saltwater" means those waters of the State in which the
natural level of salinity is equal to or greater than ten (10) parts
per thousand, 95 percent or more of the time.
83. "Secondary contact
recreational activities" means any recreational activities in
which there is minimal contact by the human body with the water, and
the probability of ingestion of the water is minimal, such as boating
and fishing.
84. "Sewage” or
“wastewater" means human waste, or wastes from toilets and
other receptacles intended to receive or retain body waste, and any
wastes, including wastes from households, commercial establishments,
and industries.
85. "Sewage from vessels"
means human body wastes and the wastes from toilets and other
receptacles intended to receive or retain body wastes that are
discharged from vessels, and regulated under Section 312 of the Clean
Water Act, 33 U.S.C. § 1322 or under R.I. Gen. Laws Chapter
46-12.
86. "Sewage sludge”
or “sludge" means residue, partially solid, or solid,
treated or untreated, resulting from the treatment of sewage,
including such residues from the cleaning of sewers, by processes
such as settling, flotation, filtration and centrifugation, and does
not meet the criteria for a hazardous waste.
87. "Sewer" means a
pipe or conduit that conveys wastewater or stormwater.
88. "Site" means the
land or water area where any facility or activity is physically
located or conducted, including adjacent land used in connection with
the facility or activity.
89. "Special Resource
Protection Waters” or “SRPW" means surface waters
identified by the Director as having significant recreational or
ecological uses, and may include but are not limited to: wildlife
refuge or management areas; public drinking water supplies; State and
Federal Parks; State and Federal designated Estuarine Sanctuary
Areas; waterbodies containing critical habitats, including but not
limited to waterbodies identified by the RIDEM Natural Heritage
Program as critical habitat for rare or endangered species; wetland
types or specific wetlands listed as rare, threatened, endangered, of
special interest or of special concern by the Rhode Island Natural
Heritage Program; waterbodies identified by the U. S. Department of
the Interior on the Final List of Rivers for potential inclusion in
the National Wild and Scenic Rivers System.
90. "State guide plan"
means goals, policies, or plan elements for the physical, economic,
and social development of the State, adopted by the State Planning
Council in accordance with R.I. Gen. Laws § 42-11-10.
91. "Storm sewer"
means a sewer which conveys stormwater.
92. "Stormwater"
means precipitation induced runoff.
93. "Surface water"
means any waters of the State that are not groundwaters.
94. "Total Maximum Daily
Load" or "TMDL" means the amount of a pollutant that
may be discharged into a waterbody and still maintain water quality
standards. The TMDL is the sum of the individual wasteload
allocations for point sources and the load allocations for nonpoint
sources and natural background taking into account a margin of
safety.
95. "Toxicity" means
the chemical, biological or biochemical adverse effect(s) of a
pollutant or combination of pollutants on organisms.
96. "Toxic pollutant"
means any pollutant that has the potential to cause toxicity.
97. "Treatment works"
means any devices and systems for the storage, treatment, recycling,
and reclamation of wastewater; any devices and systems for the
storage, treatment, recycling and reclamation of sewage from vessels
used to implement Section 201 of the Clean Water Act, 33 U.S.C. §
1281; or any devices and systems necessary to recycle or reuse water
at the most economical cost over the design life of the works. These
include intercepting sewers, outfall sewers, sewage collection
systems, pumping, power, and other equipment, and their
appurtenances, extensions, improvements, remodeling, additions, and
alterations thereof; elements essential to provide a reliable
recycled supply such as standby treatment units and clear well
facilities; and any works, including acquisition of the land that
will be an integral part of the treatment process or is used for
ultimate disposal of residues resulting from such treatment
(including land for composting sludge, temporary storage of such
compost and land used for the storage of treated wastewater in land
treatment systems prior to land application); or any other method or
system for preventing, abating, reducing, storing, treating,
separating, or disposing of wastewater, including wastewater in
combined sewers.
98. "Undesirable species”
or “nuisance species" means any plant or animal aquatic
species which becomes so numerous due to pollutants or physical or
hydrological modifications that it interferes with, or indicates an
impairment of, the designated use(s) of a waterbody.
99. "Use attainability
analyses" or “UAA” means a structured scientific
assessment of the factors affecting the attainment of a use which may
include physical, chemical, biological, and economic factors. The
physical, chemical and biological factors affecting the attainment of
a use shall be evaluated through a waterbody survey and assessment.
Waterbody surveys and assessments shall be sufficiently detailed to
evaluate at a minimum:
a. Current aquatic uses
achieved in the waterbody;
b. Causes of any impairment of
the aquatic uses and why the impairment cannot be rectified; and
c. Aquatic uses(s) that can be
attained based on the physical, chemical, and biological
characteristics of the water body.
100. "Vessel" means
any boat or other watercraft whether moved by oars, paddles, sails or
other power mechanism, inboard or outboard, or any other boat or
structure floating upon the water whether or not capable of
self-locomotion, including house boats, floating businesses, barges
and similar floating objects.
101. “Warmwater fishery”
means waters in which naturally occurring water quality and/or
habitat support populations of warmwater fish.
102. "Wasteload
allocation" means the portion of a receiving water's loading
capacity that is allocated to one of its point sources of pollution.
103. "Wastewater"
mean the definition of sewage.
104. "Waterbody segment"
means a defined section or described area which is part of a larger
surface waterbody of the State.
105. "Water quality
criteria" means elements of the State water quality standards,
expressed as constituent concentrations, levels, or narrative
statements, representing a quality of water that supports a
particular use.
106. "Water quality
limited waters" means any segment of a surface waterbody where
the water quality does not meet applicable water quality standards,
and is not expected to meet applicable water quality standards, even
after the application of the technology-based effluent limitations
required by Sections 301(b) (33 U.S.C. § 1311) and 306 (33.
U.S.C. § 1316) of the Clean Water Act.
107. "Water quality
standard" means provisions of state or federal law which consist
of a designated use(s) and water quality criteria for the waters of
the State. Water quality standards also consist of an antidegradation
policy.
108. "Waters of the
State" or "the waters" means all surface water and
groundwater of the State of Rhode Island, including all tidewaters,
territorial seas, wetlands, and land masses partially or wholly
submerged in water; and both inter‑ and intra-state bodies of
water which are, have been or will be used in commerce, by industry,
for the harvesting of fish and shellfish or for recreational
purposes.
109. "Wetlands"
means those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs and similar areas.
Freshwater wetlands are determined by the Department in accordance
with the Rules and Regulations Governing the Administration and
Enforcement of the Fresh Water Wetlands Act. Coastal wetlands are
determined by rules and regulations under the jurisdiction of the
Coastal Resources Management Council.
1.5 Liberal Application
The terms and provisions of
these rules and regulations shall be liberally construed to allow the
Department to effectuate the purposes of state law.
1.6 Severability
If any provision of these
rules and regulations or the application thereof to any person or
circumstance is held invalid by a court of competent jurisdiction,
the remainder of the rules and regulations shall not be affected
thereby. The invalidity of any rule or rules or parts of any rule or
rules shall not affect the validity of the remainder of these rules
and regulations.
1.7 Application of these
Regulations
A. Nothing in these rules and
regulations shall be deemed to interfere with the Director's power
and duty to issue an immediate order pursuant R.I. Gen. Laws §
46-12-10.
B. These regulations apply to
all waters of the State, all systems or means of wastewater
treatment, including sewers, all discharges into surface waters, all
activities which will likely impact water quality and/or activities
that will likely cause or contribute to flow alterations. These
regulations shall also apply to those activities regulated by the
federal government, other state agencies, and programs within the
Department and/or local governmental entities. All departmental
regulations should be construed to be consistent and/or complementary
and any perceived conflicts are unintentional. Should a perceived
conflict arise between or among these regulations and the
requirements imposed by the other departmental regulations or other
governmental entities, the most stringent requirement shall govern.
1.8 Surface Water Quality
Standards
A. Purpose - A water quality
standard defines the water quality goals of a surface waterbody, or
portion thereof, by designating the use or uses of the water and by
setting criteria necessary to protect the uses. Water quality
standards are intended to protect public health, safety and welfare,
enhance the quality of water and serve the purposes of the Clean
Water Act and R.I. Gen. Laws Chapter 46-12. "Serve the purposes
of the Act" as defined in Section 101(a)(2) (33 U.S.C. §
1251) and 303(c) (33 U.S.C. § 1313) of the Clean Water Act means
that water quality standards should, whenever attainable, provide
water quality, including quantity, for the protection and propagation
of fish and wildlife and for recreation in and on the water and take
into consideration their use and value as public water supplies,
propagation of fish and wildlife, recreation in and on the water,
agricultural, industrial, and other purposes including navigation.
B. Such standards serve the
dual purposes of establishing the water quality goals for a specific
surface water body or waterbody segment and serve as the regulatory
basis for the establishment of water‑quality‑based‑treatment
controls and strategies beyond the technology‑based levels of
treatment required by Sections 301(b) (33 U.S.C. § 1311) and 306
(33 U.S.C. §1316) of the Clean Water Act.
C. Federal Approval and
Periodic Review ‑ These water quality standards are subject to
approval by the Administrator pursuant to Section 303(c) of the Clean
Water Act, 33 U.S.C. § 1313. In accordance with paragraph
303(c)(1) of the Act, 33 U.S.C. § 1313, the water quality
standards shall be reviewed periodically but at least once every
three years, and amended as necessary.
D. Symbolic Representative of
Water Quality Standards ‑ The Director shall issue maps from
time to time which indicate assigned water use classification.
1.9 Water Use Classification
A. The surface waters of the
State shall be assigned to one of the classes listed below. Each
class is defined by the designated uses, which are the most sensitive
and therefore governing water uses which it is intended to protect.
Surface waters may be suitable for other beneficial uses, but shall
be regulated to protect and enhance the designated uses. In no case
shall waste assimilation or waste transport be considered a
designated use.
B. Freshwater:
1. Class AA - These waters are
designated as a source of public drinking water supply (PDWS) or as
tributary waters within a public drinking water supply watershed (the
terminal reservoir of the PDWS are identified in § 1.25 of this
Part), for primary and secondary contact recreational activities and
for fish and wildlife habitat. These waters shall have excellent
aesthetic value.
a. Class AA waters used for
public drinking water supply may be subject to restricted
recreational use by State and local authorities.
2. Class A - These waters are
designated for primary and secondary contact recreational activities
and for fish and wildlife habitat. They shall be suitable for
compatible industrial processes and cooling, hydropower, aquacultural
uses, navigation, and irrigation and other agricultural uses. These
waters shall have excellent aesthetic value.
3. Class B - These waters are
designated for fish and wildlife habitat and primary and secondary
contact recreational activities. They shall be suitable for
compatible industrial processes and cooling, hydropower, aquacultural
uses, navigation, and irrigation and other agricultural uses. These
waters shall have good aesthetic value.
a. Certain waterbody segments
may have partial use designations assigned to them as noted in §
1.9(D) of this Part.
4. Class B1 - These waters are
designated for primary and secondary contact recreational activities
and fish and wildlife habitat. They shall be suitable for compatible
industrial processes and cooling, hydropower, aquacultural uses,
navigation, and irrigation and other agricultural uses. These waters
shall have good aesthetic value. Primary contact recreational
activities may be impacted due to pathogens from approved wastewater
discharges. However all Class B criteria must be met.
a. Certain waterbody segments
may have partial use designations assigned to them as noted in §
1.9(D) of this Part.
5. Class C - These waters are
designated for secondary contact recreational activities and fish and
wildlife habitat. They shall be suitable for compatible industrial
processes and cooling, hydropower, aquacultural uses, navigation, and
irrigation and other agricultural uses. These water shall have good
aesthetic value.
C. Seawater:
1. Class SA - These waters are
designated for shellfish harvesting for direct human consumption,
primary and secondary contact recreational activities, and fish and
wildlife habitat. They shall be suitable for aquacultural uses,
navigation and industrial cooling. These waters shall have good
aesthetic value.
a. Waterbody segments may have
partial use designations assigned to them as noted in § 1.9(D)
of this Part.
b. Some Class SA waters
contain Closed Safety Zones which are waters in the vicinity of an
approved sanitary discharge which may be impacted in the event of
complete failure of treatment and are therefore, currently prohibited
to shellfishing. Although shellfishing use is restricted, all SA
criteria must be met.
2. Class SB - These waters are
designated for primary and secondary contact recreational activities;
shellfish harvesting for controlled relay and depuration; and fish
and wildlife habitat. They shall be suitable for aquacultural uses
(other than shellfish for direct human consumption), navigation, and
industrial cooling. These waters shall have good aesthetic value.
a. Waterbody segments may have
partial use designations assigned to them as noted in § 1.9(D)
of this Part.
3. Class SB1 - These waters
are designated for primary and secondary contact recreational
activities and fish and wildlife habitat. They shall be suitable for
aquacultural uses (other than shellfish for direct human
consumption), navigation, and industrial cooling. These waters shall
have good aesthetic value. Primary contact recreational activities
may be impacted due to pathogens from approved wastewater discharges.
However all Class SB criteria must be met.
a. Waterbody segments may have
partial use designations assigned to them as noted in § 1.9(D)
of this Part.
4. Class SC ‑ These
waters are designated for secondary contact recreational activities,
and fish and wildlife habitat. They shall be suitable for
aquacultural uses, navigation, and industrial cooling. These waters
shall have good aesthetic value.
D. Partial Uses - In
accordance with § 1.21 of this Part, the Department may
designate a partial use for the above listed water use
classifications. Partial use denotes specific restrictions of use
assigned to a waterbody or waterbody segment that may affect the
application of criteria. Additional partial uses may be so designated
by the Director if provided in accordance with § 1.21 of this
Part.
1. CSO - These waters will
likely be impacted by combined sewer overflows in accordance with
approved CSO Facilities Plans and in compliance with rule §
1.21(E)(1) of this Part. Therefore, primary contact recreational
activities; shellfishing uses; and fish and wildlife habitat will
likely be restricted.
2. Concentration of Vessels -
Waters in the vicinity of marinas and/or mooring fields are subject
to seasonal shellfishing closures as determined by RIDEM pursuant to
R.I. Gen. Laws Chapter 20-8.1;All Class SA criteria must be attained.
3. Partial use designations
are represented by the lower case letters, "a" or "b",
which appear in brackets {} next to the classification as found in §
1.25 of this Part.
E. Water Quality
Classifications ‑ All surface waters of the State have been
categorized according to the water use classification of §§
1.9(B), (C), and (D) of this Part based on considerations of public
health, safety and welfare, recreation, propagation and protection of
fish and wildlife, and economic and social benefit. The surface
waters of the State are classified according to the list of water
segments in § 1.25 of this Part. For waterbodies not listed in §
1.25 of this Part, the following apply:
1. All streams tributary to
Class A waters shall be Class A.
2. All waters tributary to
Class AA waters shall be Class AA.
3. All freshwaters
hydrologically connected by surface waters and upstream of Class B,
B1, SB, SB1, C or SC waters shall be Class B unless otherwise
identified in § 1.25 of this Part.
4. All other fresh waters,
including, but not limited to, ponds, kettleholes and wetlands not
listed in § 1.25 of this Part shall be considered to be Class A.
5. All seawaters not listed in
§ 1.25 of this Part shall be considered to be Class SA. All
saltwater and brackish wetlands contiguous to seawaters not listed in
§ 1.25 of this Part shall be considered to be Class SA.
6. All saltwater and brackish
wetlands contiguous to seawaters listed in § 1.25 of this Part
shall be considered the same class as their associated seawaters.
1.10 Water Quality Criteria
A. The following physical,
chemical and biological criteria are parameters of the minimum water
quality necessary to support the surface water use classifications of
§§ 1.9(B), 1.9(C), and 1.9(D) of this Part and shall be
applicable to all waters of the State.
B. General Criteria ‑
The following minimum criteria are applicable to all waters of the
State, unless criteria specified for individual classes are more
stringent:
1. At a minimum, all waters
shall be free of pollutants in concentrations or combinations or from
anthropogenic activities subject to these regulations that:
a. Adversely affect the
composition of fish and wildlife;
b. Adversely affect the
physical, chemical, or biological integrity of the habitat;
c. Interfere with the
propagation of fish and wildlife;
d. Adversely alter the life
cycle functions, uses, processes and activities of fish and wildlife;
or
e. Adversely affect human
health.
2. Aesthetics ‑ all
waters shall be free from pollutants in concentrations or
combinations that:
a. Settle to form deposits
that are unsightly, putrescent, or odorous to such a degree as to
create a nuisance, or interfere with the existing or designated uses;
b. Float as debris, oil,
grease, scum or other floating material attributable to wastes in
amounts to such a degree as to create a nuisance or interfere with
the existing or designated uses;
c. Produce odor or taste or
change the color or physical, chemical or biological conditions to
such a degree as to create a nuisance or interfere with the existing
or designated uses; or,
d. Result in the dominance of
species of fish and wildlife to such a degree as to create a nuisance
or interfere with the existing or designated uses.
3. Radioactive substances ‑
The level of radioactive materials in all waters shall not be in
concentrations or combinations which will likely be harmful to
humans, fish and wildlife, or result in concentrations in organisms
producing undesirable conditions.
4. Nutrients ‑ Nutrients
shall not exceed the limitations specified in §§
1.10(D)(1) and 1.10(E)(1) of this Part and/or more stringent
site‑specific limits necessary to prevent or minimize
accelerated or cultural eutrophication.
5. Thermal Mixing Zones ‑
In the case of thermal discharges into tidal rivers, fresh water
streams or estuaries, where thermal mixing zones are allowed by the
Director, the mixing zone will be limited to no more than one
quarter (1/4) of the cross sectional area and/or volume of river
flow, stream or estuary, leaving at least three quarters (3/4) free
as a zone of passage. In wide estuaries and oceans, the limits of
mixing zones will be established by the Director.
6. Non‑thermal Mixing
Zones ‑ In the case of non- thermal discharges, in applying
these standards the Director may recognize, where appropriate, a
limited acute and/or chronic mixing zone(s) on a case‑by‑case
basis. The locations, size and shape of these zones shall provide for
the maximum protection of fish and wildlife.
7. At a minimum, all mixing
zones must:
a. Meet the criteria for
aesthetics, in accordance with § 1.10(B)(2) of this Part;
b. Be limited to an area or
volume that will prevent interference with the existing and
designated uses in the associated waterbody segment and beyond;
c. Allow an appropriate zone
of passage for migrating fish and other organisms, prohibit lethality
to organisms passing through the mixing zone, and protect for
spawning and nursery habitat; and
d. Not allow substances to
accumulate in sediments, fish and wildlife or food chains such that
known or predicted safe exposure levels for the health of humans or
fish and wildlife will be exceeded.
8. For activities that will
likely cause or contribute to flow alterations, streamflow conditions
must be adequate to support existing and designated uses.
C. Applicable Conditions –
The water quality standards apply under the most adverse conditions,
as determined by the Director according to sound engineering and
scientific practices on a case-by-case basis unless defined below.
The ambient water quality criteria are applicable at or in excess of
the following flow conditions:
1. Aquatic Life Criteria - The
acute and chronic aquatic life criteria for freshwaters shall not be
exceeded at or above the lowest average 7 consecutive day low flow
with an average recurrence frequency of once in 10 years (7Q10). The
acute and chronic aquatic life criteria for seawater shall not be
exceeded beyond the boundary of the mixing zone(s), as defined and
determined by §§ 1.10(B)(5) and (6) of this Part, and
thence throughout the waterbody. If a mixing zone has not been
established, these criteria shall not be exceeded in any portion of
the receiving water.
2. Human Health Criteria - The
freshwater human health criteria for non-carcinogens and carcinogens
are applicable at or in excess of the harmonic mean flow, which is a
long-term mean flow value calculated by dividing the number of daily
flows analyzed by the sum of the reciprocals of those daily flows.
For seawaters, the ambient human health water quality criteria for
carcinogens and non-carcinogens are applicable when the most adverse
hydrographic and pollution conditions occur at the particular point
of evaluation.
D. Class Specific
Criteria-Freshwaters
1. The table below presents
the class-specific criteria for freshwaters, classifications AA, A,
B, B1, and C and any partial use designation freshwaters.
CRITERION
CLASS
AA 1
CLASS
A
CLASS
B, B1, B{a}, B1{a}
CLASS
C
Dissolved
Oxygen
Cold
Water Fish Habitat - Dissolved oxygen content of not less than 75%
saturation, based on a daily average, and an instantaneous minimum
dissolved oxygen concentration of at least 5 mg/l, except as
naturally occurs. For the period from October 1st to May 14th,
where in areas identified by the RI Division of Fish and Wildlife
as cold water fish spawning areas the following criteria apply:
For species whose early life stages are not directly exposed to
the water column (ie, early life stages are intergravel), the 7
day mean water column dissolved oxygen concentration shall not be
less than 9.5 mg/l and the instantaneous minimum dissolved oxygen
concentration shall not be less than 8 mg/l. For species that have
early life stages exposed directly to the water column, the 7 day
mean water column dissolved oxygen concentration shall not be less
than 6.5 mg/l and the instantaneous minimum dissolved oxygen
concentration shall not be less than 5.0 mg/l. (See § 1.25 of
this Part for coldwater designated waters)
Warm
Water Fish Habitat - Dissolved oxygen content of not less than 60%
saturation, based on a daily average, and an instantaneous minimum
dissolved oxygen concentration of at least 5.0 mg/l, except as
naturally occurs. The 7 day mean water column dissolved oxygen
concentration shall not be less than 6 mg/l. (See § 1.25 of
this Part for warmwater designated waters)
Sludge
deposits, solid refuse, floating solids, oil, grease, scum
None
allowable.
None
in such amoutns that would impair any usages specifically assigned
to this class.
Color
and turbidity
None
in such concentrations that would impair any usages specifically
assigned to this class. Turbidity not to exceed 5 NTU over
background.
None
in such concentrations that would impair any usages specifically
assigned to this class. Turbidity not to exceed 10 NTU over
natural background.
Fecal
Coliform Bacteria (MPN/100ml)
Drinking
Water Supply Criteria: - applied at the terminal reservoir of the
system – Not to exceed a geometric mean value of 20 MPN/100
ml and not more than 10% of the samples shall exceed a value of
200.
None
in such concentrations that would impair any usages specifically
assigned to this class.
Primary
Contact Recreational/Swimming Criteria – Not to exceed a
geometric mean value of 200 MPN/100 ml and not more than 10% of
the total samples taken shall exceed 400 MPN/100 ml, applied only
when adequate enterocci data are not available
Enterococci
Primary
Contact Recreational/Swimming Criteria
Non-Designated
Bathing Beach Waters Geometric Mean Density: 54 colonies/100 ml
Designated
Bathing Beach Waters Geometric Mean Density: 33 colonies/100 ml
Single
Sample Maximum*: 61 colonies/100 ml
*
Criteria for determining beach swimming advisories at designated
beaches as evaluated by Health.
None
in such concentrations that would impair any usages specifically
assigned to this class.
Taste
and odor
None
other than of natural origin and none associated with nuisance
algal species.
None
in such concentrations that would impair any usages specifically
assigned to this class nor cause taste or odor in edible portions
of fish.
pH
(Standard Units)
6.5
– 9.0 or as naturally occurs.
Temperature/Temperature
increase
No
activity shall raise the temperature of the receiving waters above
the recommended limit on the most sensitive receiving water use
nor cause the growth of undesirable or nuisance species of biota.
In no cases shall an activity cause the temperature to exceed 83
degrees F. Heated discharges into designated coldwater habitats
(See § 1.25 of this Part for coldwater designated waters)
shall not raise the temperature above 68 degrees F outside an
established thermal mixing zone. In no case shall the temperature
of the receiving water be raised more than 4 degrees F.
Chemical
constituents
None
in concentrations or combinations that could be harmful to humans
or fish and wildlife for the most sensitive and governing water
class use, or unfavorably alter the biota, or which would make the
waters unsafe or unsuitable for fish and wildlife or their
propagation, impair the palatability of same, or impair waters for
any other existing or designated use. None in such concentrations
that would exceed the Water Quality Criteria and Guidelines as
found in § 1.26 of this Part.
The
ambient concentration of a pollutant in a water body shall not
exceed the Ambient Water Quality Criteria and Guidelines, (§
1.26 of this Part) for the protection of aquatic organisms from
acute or chronic effects, unless the criteria or guidelines are
modified by the Director based on results of bioassay tests
conducted in accordance with the terms and conditions provided in
§ 1.29 of this Part.
Nutrients
Average
Total Phosphorus shall not exceed 0.025 mg/l in any lake, pond,
kettlehole or reservoir, and average Total P in tributaries at the
point where they enter such bodies of water shall not cause
exceedance of this phosphorus criteria, except as naturally
occurs, unless the Director determines, on a site-specific basis,
that a different value for phosphorus is necessary to prevent
cultural eutrophication.
None
in such concentration that would impair any usages specifically
assigned to said Class, or cause undesirable or nuisance aquatic
species associated with cultural eutrophication, nor cause
exceedance of the criterion above in a downstream lake, pond, or
reservoir. New discharges of wastes containing phosphates will not
be permitted into or immediately upstream of lakes or ponds.
Phosphates shall be removed from existing discharges to the extent
that such removal is or may become technically and reasonably
feasible.
1
Class AA waters used for public drinking water supply may be
subject to restricted recreational use by State and local
authorities.
E. Class Specific
Criteria-Saltwaters
1. The table below presents
the class-specific criteria for saltwaters, classifications SA, SB,
SB1, and SC and any partial use designation saltwaters.
CRITERION
CLASS
SA, SA{ b }
CLASS
SB, SB1, SB{a}, SB1{a}
CLASS
SC
Sludge
deposits, solid refuse, floating solids, oil, grease, scum
None
allowable.
None
in such amounts that would impair any usages specifically assigned
to this class.
Color
and turbidity
None
in such concentrations that would impair any usages specifically
assigned to this class. Turbidity not to exceed 5 NTU over
background.
None
in such concentrations that would impair any usages specifically
assigned to this class. Turbidity not to exceed 10 NTU over
background.
Fecal
Coliform Bacteria
Shellfishing
Criteria: - Not to exceed a geometric mean MPN or MF (mTEC) value
of 14 per 100ml and not more than either 10% of the estimated 90th
percentile of the samples shall exceed an MPN value of 49 per
100ml for a three-tube decimal dilution or 31 cfu per 100ml for MF
(mTEC).
None
in such concentrations that would impair any usages specifically
assigned to this class.
Primary
Contact Recreational/Swimming Criteria - Not to exceed a geometric
mean value of 50 MPN/100 ml and not more than 10% of the total
samples taken shall exceed 400 MPN/100 ml, applied only when
adequate enterococci data are not available.
Enterococci
Primary
Contact Recreational/Swimming Criteria
Geometric
Mean Density: 35 colonies/100 ml
Single
Sample Maximum*: 104 colonies/100 ml
*
Criteria for determining beach swimming advisories at designated
beaches as evaluated by the Rhode Island Department of Health.
None
in such concentrations that would impair any usages specifically
assigned to this class.
Taste
and odor
None
allowable except as naturally occurs.
None
in such concentrations that would impair any usages specifically
assigned to this class nor cause taste or odor in edible portions
of fish or shellfish.
pH
6.5
- 8.5 but not more than 0.2 units outside of the normally
occurring range.
Dissolved
Oxygen
See
§ 1.10(F) of this Part
Chemical
constituents
None
in concentrations or combinations that could be harmful to humans
or fish and wildlife for the most sensitive and governing water
class use, or unfavorably alter the biota, or which would make the
waters unsafe or unsuitable for fish and wildlife or their
propagation, impair the palatability of same, or impair the waters
for any other existing or designated use. None in such
concentrations that would exceed the Water Quality Criteria and
Guidelines as found in § 1.26 of this Part.
The
ambient concentration of a pollutant in a water body shall not
exceed the RI DEM Ambient Water Quality Criteria & Guidelines
(§ 1.26 of this Part) for the protection of aquatic organisms
from acute or chronic effects, unless the criteria or guideline is
modified by the Director based on results of bioassay tests
conducted in accordance with the terms and conditions provided in
§ 1.29 of this Part.
Nutrients
None
in such concentration that would impair any usages specifically
assigned to said Class, or cause undesirable or nuisance aquatic
species associated with cultural eutrophication. Shall not exceed
site-specific limits if deemed necessary by the Director to
prevent or minimize accelerated or cultural eutrophication. Total
phosphorus, nitrates and ammonia may be assigned site-specific
permit limits based on reasonable Best Available Technologies.
Where waters have low tidal flushing rates, applicable treatment
to prevent or minimize accelerated or cultural eutrophication may
be required for regulated nonpoint source activities.
Temperature/
Temperature Increase
Activities
shall not increase the temperature except where the increase will
not exceed the recommended limit on the most sensitive receiving
water use and in no case shall an activity cause the temperature
to exceed 83 degrees F nor raise the normal temperature more than
1.6 degrees F, 16 June through September and not more than 4
degrees F from October through 16 June. All measurements shall be
made at the boundary of such mixing zones as is found to be
reasonable by the Director.
F. Saltwater Dissolved Oxygen
Criteria - The following information details the use of continuous
dissolved oxygen data in estuarine waters.
1. For surface waters above a
seasonal pycnocline, not less than an instantaneous value of 4.8 mg/l
more than once every three years, except as naturally occurs.
2. For waters below the
seasonal pycnocline, Aquatic Life Uses are considered to be protected
if conditions do not fail to meet protective thresholds, as described
below, more than once every three years. DO criteria presented here
shall be protective of the most sensitive life stage – survival
effects on larvae which affects larval recruitment – for both
persistent and cyclic conditions. This criteria evaluates effects of
exposure to low DO over time on larval recruitment. Because larval
recruitment occurs over the whole season, the low DO exposure effects
are cumulative. Exposures are evaluated on a daily basis to determine
the total seasonal exposure. The criteria to protect larval survival
is established to limit the number of exposure days over the range of
low DO conditions such that the cumulative percentage of larvae
affected shall not exceed a 5% reduction in larval recruitment over
the season. If the Director determines that a smaller percent
impairment on larval recruitment is necessary on a site specific
basis, a criteria modification will be process in accordance with §
1.21(F) of this Part. Protection of larval survival will also afford
adequate protection of juvenile and adult life stages. The critical
recruitment season for evaluation of DO exposure is defined as May 1
through October 31. While recruitment may occur at other periods of
the year, this timeframe reflects periods when hypoxia are most
prevalent. Waters with a DO concentration above an instantaneous
value of 4.8 mg/l shall be considered protective of Aquatic Life
Uses. When instantaneous DO values fall below 4.8 mg/l, the waters
shall not be:
a. Less than 2.9 mg/l for more
than 24 consecutive hours during recruitment season; nor
b. Less than 1.4 mg/l for more
than 1 hour more than twice during the recruitment season; nor
c. Shall they exceed the
cumulative exposure presented in § 1.10(F)(3) of this Part.
d. The method for calculating
cumulative low DO exposure throughout the recruitment season is as
follows:
(1) For persistent low DO
conditions (low DO conditions that vary little within a day, e.g.,
<0.5 mg/l), the limit represents allowable DO conditions below 4.8
mg/l provided the exposure duration (number of days observed) does
not exceed the corresponding allowable number of days (as presented
in § 1.10(F)(2)(d)(1)(AA) of this Part) that ensure adequate
larval recruitment over the course of the season. The cumulative
seasonal low DO effects are evaluated by totaling the fractions of
the observed (or projected) exposure duration (in days) divided by
the allowable number of days for each DO concentration. The sum of
the decimal fractions shall not exceed 1.0. The minimum daily DO
measurement is used to represent the daily DO value. The criteria for
24 hour DO concentration and allowable number of days as presented in
§ 1.10(F)(2)(d)(1)(AA) of this Part are calculated using the
following equations:
(AA) Saltwater DO Criteria
for Waters Below the Seasonal Pycnocline
24
Hour (Daily) DO Exposure Concentration (mg/L)
Daily
Percent Larval Mortality (%)
Allowable
Number of Days Without Exceeding a 5% Reduction in Seasonal Larval
Recruitment
4.6
4.96
42
4.5
6.05
30
4.4
7.36
24
4.3
8.93
20
4.2
10.79
18
4.1
12.98
16
4
15.55
14
3.9
18.51
12
3.8
21.88
10
3.7
25.69
9
3.6
29.89
8
3.5
34.47
7
3.4
39.36
6
3.3
44.46
5
3.2
49.69
4
3.1
54.92
3
3
60.05
2
2.9
64.97
1
(2) For cyclic low DO
conditions (DO conditions that fluctuate broadly within a day,
e.g.>0.5 mg/l), the limit represents the allowable number of days
as a given daily larval percent mortality that protects against great
than 5% cumulative impairment of larval recruitment over a
recruitment season. The maximum daily percent larval mortality is a
function of DO minimum for any exposure interval/range (mg/l) and the
duration of the interval (hours) and is determined using the
Time-to-death (TTD) curves presented in § 1.10(F)(2)(d)(2)(AA)
of this Part The maximum daily percent larval mortality from cyclic
exposures is determined from the observed data point falling closest
to a TTD curve of greatest effect (ie., highest percent mortality).
The calculated maximum daily percent larval mortality shall not
exceed the allowable number of days as presented in §
1.10(F)(2)(d)(1)(AA) and § 1.10(F)(2)(d)(2)(BB) of this Part.
Cumulative cyclic low DO effects observed over the course of the
season are evaluated by tallying the number of days at each percent
mortality observed for the season. The observed number of days at
each percent mortality are divided by the allowable number of days
for each percent mortality. The sum of the decimal fraction shall not
exceed 1.0.
(AA) Time To Death (TTD)
Curves for 5-60% Mortality
(BB) Cyclic Translator for
Waters Below the Seasonal Pycnocline
(3) For seasons with both
cyclic and persistent cycles of low DO, all data will be treated as
cyclic exposure patterns with the persistent data set at the 24
hour/1-day exposure duration. Daily percent mortalities will be
determined from § 1.10(F)(2)(d)(2)(AA) and §
1.10(F)(2)(d)(1)(AA) of this Part will be used to determine the
acceptable number of days the low DO pattern can occur over the
course of the season.
3. For waters without a
seasonal pycnocline, DO concentrations above 4.8 mg/l shall be
considered protective of Aquatic Life Uses. When instantaneous DO
values fall below 4.8 mg/l, the water shall not be:
a. Less than 3.0 mg/l for more
than 24 consecutive hours during the recruitment season; nor
b. Less than 1.4 mg/l for more
than 1 hour more than twice during the recruitment season; nor
c. Shall they exceed the
cumulative DO exposure presented in § 1.10(F)(2)(d)(1)(AA) of
this Part.
d. Cumulative low DO exposures
in the 2.95 – 4.8 mg/l range shall be evaluated as described
above in § 1.10(F)(2) of this Part but shall not exceed the
information presented in § 1.10(F)(3)(e)(1)(AA) of this Part.
e. The method for calculating
cumulative low DO exposure is as follows:
(1) For persistent low DO
conditions in water without a seasonal pycnocline, the criteria for
24 hours DO concentration and allowable number of days as presented
in § 1.10(F)(3)(e)(1)(AA) of this Part are calculated using the
following equation:
(AA) Saltwater DO Criteria for
Waters without a Seasonal Pycnocline
24
Hour (Daily) DO Exposure Concentration (mg/L)
Daily
Percent Larval Mortality (%)
Allowable
Number of Days Without Exceeding a 5% Reduction in Seasonal Larval
Recruitment
4.6
4.96
16
4.5
6.05
14
4.4
7.36
12
4.3
8.93
11
4.2
10.79
10
4.1
12.98
8
4.0
15.55
7
3.9
18.51
6
3.8
21.88
5
3.7
25.69
4
3.6
29.89
3
3.5
34.47
2
3.4
39.36
1
(2) For cyclic low DO
conditions in waters without a seasonal pycnocline, the daily percent
mortalities for observed data are determined from §
1.10(F)(2)(d)(2)(AA) of this Part and shall not exceed the allowable
number of days presented in § 1.10(F)(3)(e)(1)(AA) and §
1.10(F)(3)(e)(2)(AA) of this Part.
(AA) Cyclic Translator for
Waters Without a Seasonal Pycnocline
(3) For seasons with both
cyclic and persistent cycles of low DO, all data will be treated as
cyclic exposure patterns with the persistent data set at the 24
hours/1-day exposure duration. Daily percent mortalities will be
determined from § 1.10(F)(2)(d)(2)(AA) and §
1.10(F)(3)(e)(1)(AA) of this Part will be used to determine the
acceptable number of days the low DO pattern can occur over the
course of the season.
1.11 Effect of Activities on Water
Quality Standards
A. Activities Shall Not
Violate Water Quality Standards ‑ No person shall discharge
pollutants into any waters of the State or perform any activities
alone or in combination which the Director determines will likely
result in the violation of any State water quality criterion or
interfere with one or more of the existing or designated uses
assigned to the receiving waters or to downstream waters in
accordance with §§ 1.9, 1.10, and 1.20 of this Part. In
addition, Best Management Practices, as determined by the Director,
shall be used to control erosion, sedimentation and runoff in
accordance with § 1.17 of this Part.
B. Activities Shall Not
Further Degrade Low Quality Waters ‑ No person shall discharge
pollutants into any waters of the State, or perform any activities
alone or in combination which the Director determines will likely
result in the additional degradation of water quality of the
receiving waters or downstream waters which are already below the
water quality standard assigned to such waters.
C. Activities Shall Not
Violate Antidegradation - No person shall discharge pollutants into
any waters of the State, or perform any activities alone or in
combination which the Director determines will likely result in a
violation of the Antidegradation provisions of these regulations (§
1.20 of this Part).
D. Mixing Zone ‑ Due to
discharges to surface waters, the Director may recognize, where
appropriate, a limited mixing zone on a case‑by‑case
basis. In no case may a mixing zone cause a loss of, or impair, any
existing or designated use.
E. Restrictions to New
Discharges ‑ New discharges into Class AA, A or SA waters
(refer to § 1.25 of this Part) or into waters designated Class
B, C, SB or SC which have attained the Class A or SA standard shall
be allowed, provided the discharge will not impair existing uses nor
attainment of designated uses and all other provisions of these
regulations are complied with including all required approvals, and
it complies with the following restrictions:
1. New discharges into the
terminal reservoir of a, public drinking water supply shall be
prohibited with the exception of discharges of stormwater drainage.
New discharges into all other waters of the public drinking water
supply shall be prohibited with the exception of the types listed in
§§ 1.11(E)(2)(a) through (f) of this Part. Notification
will be made to the affected public drinking water supplier and the
Department of Health of a proposed new discharge to a public drinking
water supply which is under review by this Department in accordance
with these regulations.
2. New discharges into waters
that are not public drinking water supplies may include:
a. discharges of stormwater
drainage;
b. discharges from industrial
non-contact cooling water;
c. discharges from
construction site dewatering provided that the applicant has
demonstrated to the satisfaction of the Director that no reasonable
alternatives exist;
d. discharges from groundwater
remediation projects provided that the applicant has demonstrated to
the satisfaction of the Director that no reasonable alternatives
exist;
e. discharges from aquaculture
facilities as appropriately authorized by all required state
agencies;
f. discharges from water main
maintenance such as main flushing and cleaning operations;
g. discharges of dredged
material;
h. discharges from farming
activities into surface waters which are hydrographically
disconnected from all other surface waters;
i. placement of suitable solid
materials in appropriate amounts for the purpose of the formation of
an artificial reef as approved by the Director;
j. discharges from aquatic
research related activities provided that the applicant has
demonstrated to the satisfaction of the Director that no reasonable
alternatives exist;
k. discharges from
desalination facilities into seawaters; and
l. other new discharges
provided the applicant demonstrates to the satisfaction of the
Director that:
(1) the discharge serves a
compelling public purpose which provides benefits to the public as a
whole as opposed to individual or private interests;
(2) there is no reasonable
alternative means of, or location for, serving the compelling public
purpose cited; and
(3) the discharge will not
impair existing uses nor attainment of designated uses.
1.12 Procedures for Determining
Additional Requirements for Effluent Limitations, Treatment and
Pretreatment
A. Effluent Limited and Water
Quality Limited Waters ‑ No person shall discharge pollutants
into any surface waters of the State or discharge to a treatment
works unless the discharge complies with any additional effluent
limitations and receives any additional treatment/pretreatment which
the Director determines is necessary to comply with § 1.11 of
this Part, or to prevent overloading or damaging effect upon a
treatment works. In order to determine which waters require
additional effluent limitations, treatment or pretreatment to comply
with § 1.11 of this Part, or to prevent overloading or damaging
effects upon a treatment works, the Director will categorize the
surface waters of the State into effluent limited and water quality
limited waters. Such classifications will be recorded in Section
305(b) of the Clean Water Act, 33 U.S.C. § 1315, biennial State
of the State's waters reports, and will be revised as necessary.
B. Total Maximum Daily Loads
in Water Quality Limited Waters ‑ For water quality limited
waters, the Director shall identify those pollutants within
discharges to the water quality limited waters which do or have the
reasonable potential to cause or contribute to a violation of §
1.11 of this Part. The Director shall develop a total maximum daily
load (TMDL) for each of these pollutants. The TMDL shall determine
the maximum amount of the pollutant that can be discharged into the
water quality limited waters and be in compliance with § 1.11 of
this Part. The TMDL shall be based on best available scientific
information and allocation of the TMDL may be based on, but not
limited to, technical feasibility of pollutant removal, the relative
costs of treatment to the contributing discharges, and the relative
contribution from each source. The Director shall not be required to
allocate the full amount of the pollutant specified in § 1.11 of
this Part, but may designate a portion of the allocation as a reserve
or margin of safety as deemed necessary.
1.13 Prohibited Discharges
A. General ‑ The
prohibitions enumerated in this rule apply to all pollutants,
regardless of the effect on water quality standards or the treatment
which the pollutants receive.
B. Pollutants ‑ No
person shall discharge pollutants into the waters of the State except
as in compliance with the provisions of R.I. Gen. Laws Chapter 46-12,
or other applicable chapters, of the Rhode Island General Laws or
these regulations, and pursuant to the terms and conditions of an
approval issued by DEM thereunder.
C. Urban Runoff ‑ No
person shall discharge storm water, gutter runoff, sump discharges,
or street runoff to a treatment works designed to receive only
wastewater.
D. Hazardous Waste and
Hazardous Substances ‑ No person shall discharge hazardous
waste or hazardous substances into any waters of the State or
discharge hazardous waste or hazardous substances into a wastewater
treatment works, except as in compliance with the provisions of R.I.
Gen. Laws Chapter 46-12, or other applicable chapters of the Rhode
Island General Laws or these regulations, and in accordance with the
terms and conditions of an approval issued by the Director or
municipality as may be required under the Rhode Island Pretreatment
Regulations.
E. Oil, Petroleum Products,
Solvents ‑ No person shall discharge oil, petroleum products or
industrial solvents into treatment works designed to treat or control
only wastewater or stormwater unless it conforms with federal, state
and local pretreatment requirements. No person shall discharge oil or
petroleum products into the waters of the State except as in
compliance with the provisions of R.I. Gen. Laws Chapter 46-12, or
other applicable chapters of the Rhode Island General Laws or these
regulations, and in accordance with the terms and conditions of an
approval issued by DEM thereunder.
F. Discharges of Sewage from
Vessels
1. No person shall discharge
any sewage from a vessel into the waters of the State.
2. No person shall operate or
moor in the waters of the State a vessel equipped with a marine
toilet that is:
a. Not a type approved
pursuant to the CWA;
b. An approved type that is
not in proper working condition; or
c. That does not have the
vessel's marine toilets properly sealed to prevent overboard
discharges by one of the following means: the through-hull fitting is
plugged; or the Y-valve is secured to the holding tank position by
means of a padlock, wire tie, or by removing the seacock handle.
3. All sewage must be
discharged to an approved marina pump-out facility.
1.14 Strategic Plan Consistency
In addition to the other
requirements of these regulations, no person shall discharge any
pollutants into any waters of the State so as to violate any legally
applicable requirements of a plan approved by the Governor of Rhode
Island and the Administrator pursuant to Sections 208(6) (33 U.S.C. §
1288), 319 (33 U.S.C. § 1329), and 320 (33 U.S.C. § 1330)
of the Clean Water Act.
1.15 Approvals
A. No person shall: discharge
any pollutant into, or conduct any activity which will likely cause
or contribute pollution to, the waters of the State; or construct,
install, or modify any treatment works including the extension of
sewers to an existing sewer system, without having obtained all
required approvals from the Director. The types of approval for the
purposes of these regulations may include the following:
1. Rhode Island Pollutant
Discharge Elimination System (RIPDES) permit by DEM, Water Resources
in accordance with the RIPDES Regulations.
2. Order of Approval from DEM,
Water Resources for any treatment works in accordance with §§
1.16 though 1.19 of this Part.
3. Water Quality Certificate
(WQC) - the activity(ies) listed below require approval in the form
of a certification by DEM, Water Resources that the proposed
activity(ies) does not violate these regulations. A WQC shall have
the full force and effect of a permit issued by the Director. The
permit required under the Rhode Island Pollutant Discharge
Elimination System Regulations may act as the Water Quality
Certification for the discharge.
a. In accordance with Section
401 of the Clean Water Act, 33 U.S.C. § 1341, applicants for any
project which may result in a discharge to waters of the State and
which requires a federal permit must directly apply for and receive a
Water Quality Certification from DEM, Water Resources, except as
described in § 1.15(A)(3)(b)(1)(AA) of this Part.
b. Those projects involving
one or more of the activities listed below which are within the
jurisdiction of the Rhode Island Coastal Resources Management Council
in accordance with R.I. Gen. Laws Chapter 46-23, and which do not
require an approval in accordance with the R.I. Gen. Law §
2-1-18 et. seq. or any rules and regulations promulgated
thereto, must directly apply for and receive Water Quality
Certification from DEM, Water Resources except as described in §
§ 1.15(A)(3)(b)(1)(AA) and 1.15(A)(3)(b)(4)(AA)of this Part.
(1) Dredging and Dredged
Material Disposal
(AA) With regard to marine
dredging, discharge of dredge material and placement of dredge
material in tidal waters, the application process and decision for
the water quality review will be conducted in accordance with Part 2
of this Subchapter.
(2) Filling of Waters of the
State
(3) Marinas and Mooring Fields
- construction of new facilities or expansion of existing facilities
(4) Flow Alterations
(AA) Flow Alterations for
agricultural irrigation will be managed through coordination with
DEM/Agriculture.
(5) Harbor Management Plans
for those elements which will likely affect water quality
c. The permit required under
the RIDEM Rules and Regulations Governing the Administration and
Enforcement of the Fresh Water Wetlands Act (Fresh Water Wetlands
Regulations) may act as the Water Quality Certification for the
discharge, including stormwater discharge.
d. Where a project or activity
listed in § 1.15(A)(3) of this Part also requires a permit by
any one of the following DEM permit programs, the WQC decision may be
incorporated into the decision issued under said program:
(1) Wetlands permit or
determination in accordance with the Rules and Regulation Governing
the Administration and Enforcement of the Freshwater Wetlands Act
(2) ISDS permit or
determination in accordance with regulations Establishing Minimum
Standards Relating to the Location, Design, Construction and
Maintenance of Onsite Wastewater Treatment Systems
(3) RIPDES permit in
accordance with the Regulations for the Rhode Island Pollutant
Discharge Elimination System
(4) Marine dredging and
dredged material disposal permit in accordance with the Part 2 of
this Subchapter.
(5) UIC permit in accordance
with the Part 4 of this Subchapter.
e. Where the Director
determines that a WQC decision will be incorporated with one of the
above permit decisions, the corresponding public notice requirements
and appeal procedures contained in the regulations of the associated
permit program will apply in lieu of those contained in §§
1.17 and 1.23 of this Part herein, respectively. However, when the
activity is subject to § 1.15(A)(3)(a) of this Part, and the
listed permit decision does not require public notification, the
requirements of § 1.17 of this Part will be applied. All other
provisions contained in these regulations shall apply.
1.16 Application for Approvals
A. Application ‑ More
than one of the approvals noted in § 1.15 of this Part may be
required. Applications for RIPDES permits shall be submitted and
processed in accordance with the Regulations for the Rhode Island
Pollutant Discharge Elimination System RIPDES. Applications for
Orders of Approval and Water Quality Certifications will be on forms
provided by or in the manner prescribed by, DEM, to be submitted to
the Director and shall contain such documentation and/or information
as the Director may require, including but not limited to:
1. When applicable,
documentation that the proposed project is consistent with the
currently approved wastewater facility plan or information necessary
to modify an approved wastewater facility plan, including but not
limited to the project needs, conformance with State Guide Plan
policies, goals, and objectives, the basis of design, including
design assumptions, data, and calculations;
2. Comprehensive engineering
report and detailed engineering plans and specifications for the
proposed project;
3. Timetable for and duration
of the proposed construction or other activity;
4. Any additional information
as may be deemed necessary by the Director to fully assess the impact
of the proposed activity upon the waters of the State or to support
any changes in the scope of the project, actual or anticipated;
5. Any additional information
including proprietary data, where, in the opinion of the Director,
such information is necessary to fully disclose all relevant facts
concerning the application for an approval. The applicant may assert
a claim of confidentiality for proprietary data as defined in R.I.
Gen. Laws § 38-2-2 provided said information is clearly marked
and segregated within the total information requested by the
Department; and
6. A preponderance of clear
and scientifically valid evidence having a probative value
demonstrating, to the satisfaction of the Director, that the activity
will not violate the surface water quality standards established by
these Water Quality Regulations, and amendments thereto.
B. Professional Certification
for Plans and Specifications ‑ All engineering plans and
specifications required under § 1.16(A) of this Part shall be
certified by a professional engineer registered in the State pursuant
to R.I. Gen. Laws Chapter 5-8.
C. Failure of the applicant
to submit information deemed necessary by the Department in order to
fully assess the impact of the proposed project on waters of the
State or to support any changes in the scope of the proposed project,
actual or anticipated, shall constitute valid cause for denial of the
application.
D. The requirements of the
2010 Stormwater Design and Installation Standards Manual as amended
in March 2015 shall apply to all applications proposing the
generation of stormwater discharges on any applicable project listed
in § 1.15 of this Part.
1.17 Procedures for Review of
Applications for Orders of Approval and Water Quality Certifications
A. In consideration of the
application, the Department may use, but is not limited to, the
following documents: Guides for the Design of Wastewater Treatment
Works (TR-16, 2011 Edition as Revised in 2016), published by the New
England Interstate Water Pollution Control Commission; Design of
Water Resource Recovery Facilities (WEF Manual of Practice #8 &
ASCE Manual and Report on Engineering Practice #76), jointly
published by the Water Environment Federation and the American
Society of Civil Engineers (Sixth Edition); Rhode Island Soil Erosion
and Sediment Control Handbook, developed jointly by R.I. DEM and U.S.
Department of Agriculture Natural Resources Conservation Service
(2016); State of Rhode Island Stormwater Design and Installation
Standards Manual (2010 version amended March 2015), developed jointly
by R.I. DEM and Coastal Resources Management Council; ; the Technical
Support Document for Water Quality-based Toxics Control, March 1991,
EPA/505/2-90-001; Evaluation of Dredged Material Proposed for Ocean
Disposal Testing Manual, February 1991, EPA-503/8-91/001; Interim
Regional Policy for New England Stream Flow Recommendations, U. S.
Department of Interior, Fish and Wildlife Service; Water Quality
Standards Handbook, 2nd. Ed., August 1994, EPA-823-B-94-005a.
B. Application Completeness
1. Upon receipt of an
application, the Department will review the application for
completeness and shall notify the applicant in writing whether the
application is complete. Where the Department has deemed an
application to be deficient, the processing of the application will
be suspended and the applicant shall correct said deficiencies to the
satisfaction of the Department.
C. At any time during review,
the Director may:
1. Require that the applicant
provide such information as the Director deems necessary for the
review of the application;
2. Issue an approval requiring
such terms, conditions, management practices and operation and
maintenance requirements as deemed necessary to comply with the
requirements of applicable state or federal laws; or
3. Deny the application for
failure to satisfy the requirements of applicable state or federal
laws and advise the applicant of the right to appeal under §
1.23 of this Part. A denial may be based on, but is not limited to
any or all of the following:
a. A treatment works which is
overloaded or inadequate to accept and treat any additional load of
pollutants in which case the Director, shall, where appropriate, also
deny applications for new sewer connection or additional discharges
to the system;
b. An activity or a treatment
works or any part thereof, which is likely to substantially
contribute to an increase in non‑point source pollution which
will likely result in a violation of state or federal laws or these
regulations or any other regulations of the Department;
c. A treatment works or any
part thereof, or a project which is not consistent with the approved
Wastewater Facilities Plan;
d. Failure to submit any
information required by the Department; or
e. Failure to provide a
preponderance of clear and scientifically valid evidence having a
probative value demonstrating, to the satisfaction of the Director,
that the activity will not violate the surface water quality
standards established by these Water Quality Regulations, and
amendments thereto.
D. Public Notice and
Consideration of Public Comment for Applications for Water Quality
Certification
1. Certification Public Notice
- Upon determination that an application for water quality
certification is complete, the Director shall provide or have the
applicant provide in a form approved in writing by the Department,
written notice of the proposed project to all abutters of any
property upon which the activity will occur, and to any other such
persons, agencies or organizations deemed appropriate by the
Director. At a minimum the chief elected officer of the city or town
within which the activity will be conducted, shall be notified.
a. For projects that the
Director determines have the potential to result in impacts beyond
the abutting property(ies) or that notification of abutters is
impracticable, the notice shall be published in a daily or weekly
newspaper with circulation in the involved area. The Department may
also require the applicant to publish notice, in a form approved in
writing by the Department, in an additional daily or weekly newspaper
with circulation that includes the community nearest the proposed
location, or statewide.
2. Comment Period - The notice
will provide for a thirty-day comment period during which time any
person may provide written comments which may include a request for a
hearing on the project or activity proposed by the application.
3. Public Hearing - The
Director shall provide an opportunity for oral comments if a hearing
is requested by twenty-five (25) persons, or by a governmental
subdivision or agency, or by an association having not less than
twenty-five (25) members. The applicant, all persons receiving notice
under § 1.17(D)(1) of this Part, and all persons submitting
comments or requesting a hearing under § 1.17(D)(2) of this Part
shall be notified consistent with the requirements of §
1.17(D)(1) of this Part, at least fourteen (14) days in advance, of
the time and place of the hearing.
4. Consideration of Comments -
The Director shall consider all written and oral comments and may
approve modifications to the application package made in response to
comments received, without requiring another notice and comment
period, provided the modifications are minor in nature and will have
little or no adverse environmental impact.
5. Notice of Decision - All
persons who submit comments, either orally at the hearing or in
writing, shall receive written notice of the final agency decision on
the application.
6. Modifications - The
Director may approve modifications to an approved project or activity
without further notice, provided that the project had been noticed in
accordance with § 1.17(D) of this Part, and such modifications
are minor in nature and will have little or no adverse environmental
impact.
1.18 Effect of Approval
A. The issuance of an approval
mandates compliance with all terms, conditions, management practices
and operation and maintenance requirements set forth in the approval.
Any violation of these may result in the finding of a prohibited
discharge as set forth in § 1.13 of this Part.
B. The issuance of an approval
does not relieve any person of the continuing responsibility to
comply with any applicable rule of these regulations or applicable
sections of the Clean Water Act.
C. The issuance of an approval
by the Department does not relieve any person of the responsibility
for obtaining any other necessary permits or approvals from any
federal, state, regional, or local agency.
D. The issuance of an approval
does not authorize any injury to persons or property or invasion of
other private rights, or any infringement of Federal, State or local
law or regulations.
1.19 Modification, Expiration,
Suspension or Revocation of Approval
A. The Director may modify,
suspend, or revoke, in whole or in part, an approval for cause,
including, but not limited to:
1. Information indicating that
the project will likely result in probable harm to the environment or
pose a threat to the health, safety and/or welfare of the public;
2. The existence of a factor
or factors which, if properly and timely brought to the attention of
the Director, would have justified the application of more or less
stringent conditions than required by these regulations, but only if
such factor(s) arose after the approval was issued;
3. Changes in effluent
limitations in accordance with § 1.12 of this Part, or changes
in the definition(s) of such limitations in the Clean Water Act or
applicable Environmental Protection Agency regulations;
4. Where circumstances on
which the approval was based have materially and substantially
changed since the approval was issued, including, but not limited to,
a change in category of waters from effluent limited to water quality
limited, or amendment of these regulations;
5. The information or data
submitted by the applicant or permittee either on the form(s)
required or in any other material in support of the application is
found to be false, misleading or erroneous; or
6. The project is not
undertaken in strict compliance with the conditions or provisions of
any approval issued by the Department.
B. A Notice of
Revocation/Suspension of an approval will be in the form of a letter
notifying the permittee or subsequent transferee of the revocation or
suspension and the reasons why the approval is being revoked or
suspended.
C. The party served with a
Notice of Revocation/Suspension of an approval may request an
adjudicatory hearing to contest the revocation as set forth in the
provisions of § 1.23 of this Part. A Notice of
Revocation/Suspension of an approval automatically becomes a final
order of the Director enforceable in Superior Court upon failure to
request said adjudicatory hearing.
D. Request for modification of
approval shall be in accordance with §§ 1.16 and 1.17 of
this Part.
1.20 Antidegradation of Water
Quality Standards
A. Purpose - The State
Antidegradation Regulations are based on the federal Antidegradation
Policy requirements, Antidegradation Policy and Implementation
Methods, 40 C.F.R. § 131.12 and have as their objective the
maintenance and protection of various levels of surface water quality
and uses. Antidegradation applies to all projects or activities
subject to these regulations which will likely lower water quality or
affect existing or designated water uses, including but not limited
to all Water Quality Certification reviews and any new or modified
RIPDES permits. For the disposal of dredged or fill material into the
waters of the State, Guidelines for Specification of Disposal Sites
for Dredged or Fill Material, 40 C.F.R. § 404(b)(1),
incorporated above in § 1.3(C) of this Part, guidelines shall be
followed in the evaluation of 40 C.F.R. § 131.12(a)(1),
incorporated above in § 1.3(F) of this Part, and the State’s
Antidegradation Policy. The Antidegradation regulations consist of
four (4) tiers of water quality protection.
B. Tier 1 - Protection of
Existing Uses - Any existing in situ water uses and level of surface
water quality necessary to protect the existing uses, shall be
maintained and protected.
C. Tier 2 - Protection of
Water Quality in High Quality Waters - With the exception of
Outstanding National Resource Waters, in surface waters where the
existing water quality exceeds levels necessary to support
propagation of fish and wildlife and recreation in and on the water,
that quality shall be maintained and protected, except for
insignificant changes in water quality as determined by the Director
and in accordance with § 1.27 of this Part. An exception to this
level of protection may only be allowed if it can be proven to the
Director by a preponderance of clear and scientifically valid
evidence having a probative value, and the Director finds, after full
satisfaction of the intergovernmental coordination and public
participation provisions of the RI Continuing Planning Process, that
allowing significant water quality degradation is necessary to
accommodate important economic and social benefit in the area in
which the receiving waters are located. In allowing such significant
degradation or lower water quality, the Director shall assure water
quality adequate to fully protect existing and designated uses. In
allowing a change in water quality, significant or insignificant, all
reasonable measures to minimize the change shall be implemented.
Adequate scientifically valid documentation shall be provided to the
Director demonstrating that designated and existing uses, water
quality to protect those uses, and all applicable water quality
standards, will be fully protected. Further, the highest statutory
and regulating requirements for all new and existing point sources
and all cost-effective and reasonable best management practices for
nonpoint source control shall apply.
D. Tier 2½ - Protection
of Water Quality for SRPWs - Where high quality waters constitute a
SRPW, there shall be no measurable degradation of the existing water
quality necessary to protect the characteristic(s) which cause the
waterbody to be designated as an SRPW. Notwithstanding that all
public drinking water supplies are SRPWs, public drinking water
suppliers may undertake temporary and short term activities within
the boundary perimeter of a public drinking water supply impoundment
for essential maintenance or to address emergency conditions in order
to prevent adverse effects on public health or safety, provided that
these activities comply with the requirements set forth in §
1.20(B) of this Part (Tier 1 Protection of Existing Uses) and §
1.20(C) of this Part (Tier 2 Protection of Water Quality in High
Quality Waters).
E. Tier 3 - Protection of
Water Quality for ONRWs - Where high quality waters constitute an
Outstanding National Resource, as defined in § 1.7 of this Part,
that water quality shall be maintained and protected. The State may
allow some limited activities that result in temporary and short-term
changes in the water quality of an ONRW. Such activities must not
permanently degrade water quality or result in water quality lower
than that necessary to protect the existing uses in the ONRW.
F. Implementation - The
Antidegradation provisions shall be implemented in accordance with
the Antidegradation Implementation Policy § 1.27 of this Part.
1.21 Modification of Water Quality
Standards
A. Authority ‑ The
Director has the power and duty in accordance with § 1.2 of this
Part and R.I. Gen. Laws § 46‑12‑3 to promulgate
water quality standards.
B. Request for Modification -
Any person may request that the Director modify a water quality
standard. The request must include a preponderance of clear and
scientifically valid evidence having a probative value to demonstrate
that such modification is consistent with these regulations. In
addition, a Use Attainability Analyses (UAA) must be conducted:
1. for a request to remove a
designated use specified in Section 101(a)(2) of the Clean Water Act,
33 U.S.C. § 1251; or
2. to propose a subcategory of
uses specified in Section 101(a)(2) of the Clean Water Act, 33 U.S.C.
§ 1251, which require less stringent criteria.
C. Promulgation of
Modifications - If the Director determines that modification is
appropriate the Director shall initiate promulgation of such
modification in accordance with R.I. Gen. Laws Chapter 42-35.
D. General Standards for
Conducting the Review ‑ Water quality standards shall protect
the public health, safety and welfare, enhance the quality of water
and serve the purpose of the Clean Water Act.
1. The Director will take into
consideration the conservation, protection, use and value of the
waters for public water supplies, propagation of fish and wildlife,
recreational purposes, agricultural, industrial, and other purposes,
and for navigation.
2. The Director shall attempt
to establish water quality standards which will result in the
achievement of the national water quality goal specified in Secton
101(a)(2) (33 U.S.C. § 1251) of the Clean Water Act, wherever
attainable. In determining whether such standards are attainable for
any particular segment, the Director shall take into consideration
environmental, technological, social, and economic factors.
3. Designation of uses which
do not support the protection and propagation of fish and wildlife,
and recreation in and on the water, Section 101(a)(2) (33 U.S.C. §
1251) of the Clean Water Act, may be granted if supported by a Use
Attainability Analyses to the satisfaction of the Director.
4. The Director shall take
into consideration the water quality standards of downstream waters
and shall assure that water quality standards provide for the
attainment of the water quality standards of downstream waters.
5. The Director shall adhere
to the antidegradation principles of the Antidegradation Policy
described in § 1.20 of this Part.
E. Modifications of Designated
Uses - Modifying a designated use may result in modifying the
applicable criteria of the affected/identified water segment, to
criteria necessary to protect the new designated use of that
affected/identified water segment. In no case may a criteria be
modified if it would adversely affect existing uses or other
designated uses.
1. Downgrading Designated Uses
a. In waters in which the
designated use(s) is not the existing use(s), any person may request
that the Director, or the Director may propose, that the designated
use be downgraded, or may designate a partial use (§ 1.9(D) of
this Part), only where it is demonstrated through the UAA process
(except as noted in § 1.21(E)(1)(c) of this Part) by a
preponderance of clear and scientifically valid evidence having a
probative value to the satisfaction of the Director that attaining
the designated use is not feasible because:
(1) Naturally occurring
background pollutant concentrations or natural background conditions
prevent the attainment of the use;
(2) Naturally occurring
ephemeral, intermittent or low flow conditions or water levels not
human-made or human-induced prevent the attainment of the use, unless
these conditions may be compensated for by the discharge of
sufficient volume of effluent discharges without violating state
water conservation requirements to enable uses to be met;
(3) Human-made or
human-induced conditions prevent the attainment of the use and cannot
be remedied per item § 1.21(E)(1)(a)(6) of this Part, or would
cause more environmental damage to correct than to leave in place;
(4) Existing dams, diversions
or other types of permitted hydrologic modifications which meet all
applicable permit and/or water quality certificate requirements
preclude the attainment of the use, and it is not feasible to restore
the water body to its original condition or to operate such
modification in a way that would result in the attainment of the use;
(5) Physical conditions
related to the naturally occurring features of the water body, such
as the lack of a proper substrate, cover, flow, depth, pools,
riffles, and the like, unrelated to water quality and not human-made
or human-induced, preclude attainment of aquatic life protection
uses; or
(6) Controls more stringent
than those required by Sections 301(b)(1)(A) and (B) (33 U.S.C. §
1311) and 306 of the Clean Water Act (33 U.S.C. § 1316) for
point source dischargers, and reasonable best management practices
for nonpoint source dischargers, would result in substantial and
widespread economic and social impact.
b. It must also be
demonstrated to the Director's satisfaction that downgrading or
altering the water quality use will not affect the quality of waters
beyond the area in which §§ 1.21(E)(1)(a)((1)) through
((6)) of this Part applies nor violate § 1.20 of this Part
(Antidegradation of Water Quality Standards) of these regulations.
The Director shall hold a public hearing on such downgrading requests
that are determined to have merit.
c. For the following waters, a
partial use designation of SA{b} may be proposed and will not be
considered a downgrade and will not require a use attainability
analysis, unless the Director determines it is necessary to comply
with § 1.20 of this Part (Antidegradation of Water Quality
Standards):
(1) SA waters along the
western shore of Aquidneck Island located between a straight line
extending northerly from the boundary of Lots 8 and 9, Portsmouth
Town Map 17 to the end of Coddington Cove Breakwater in Middletown,
that extend 500 feet seaward from the mean high water mark.
(2) SA waters along the
western shore of Warwick Neck from the southern most point of the
Harbor Light Marina parking lot to the northern side of the end of
Randall Street, that extend 500 feet seaward from the mean high water
mark.
(3) SA waters along the
eastern shore of Horse Neck from the eastern most extension of Burr
Avenue, to the eastern most groin at Oakland Beach, that extend 500
feet seaward from the mean high water mark.
(4) SA waters from the
northernmost point along the east bulkhead wall in the small
embayment on the south side on the Allens Harbor entrance channel to
the extension of a line from nun buoy 10 through FG Buoy 11 to the
shore at Quonset Point, that extend 500 feet seaward from the mean
high water mark.
d. A designated use may not be
downgraded if such uses will be attained by implementing effluent
limits required under Sections 301(b) (33 U.S.C § 1311) and 306
(33 U.S.C. § 1316) of the Clean Water Act for point sources and
by implementing cost-effective and reasonable best management
practices for nonpoint source control.
2. Upgrading Designated Uses
a. Any person may request that
the Director or the Director may propose to upgrade the
classification of a water quality segment, including a request to
designate a waterbody or waterbody segment as a Special Resource
Protection Water (SRPW) or an Outstanding National Resource Water
(ONRW).
b. Where current water use
classifications specify water uses less sensitive than those which
are presently being achieved, the Director shall propose to upgrade
the classification of the waters in question to reflect the uses
actually being attained.
c. The Director shall hold a
public hearing on such requests that are determined to have merit.
(1) At the hearing, the
applicant must prove by a preponderance of clear and scientifically
valid evidence having probative value to the satisfaction of the
Director that such a reclassification satisfies the standards of §§
1.21(D) or 1.20 of this Part applies.
F. Modification of Criteria -
Any person may request that the Director, or the Director may propose
to modify an aquatic life water quality criteria. The request and
development of site specific criteria shall be in accordance with §
1.29 of this Part. If the Director determines the criteria
modification is appropriate, the Director shall promulgate such
modification in accordance with R.I. Gen. Laws Chapter 42-35.
1. Modification of criteria of
a water segment shall not result in a modification of the designated
use of the water segment. Newly developed criteria must still protect
the existing and designated uses of the water segment.
1.22 Variances from Water Quality
Standards
A. Conditions for Granting
Variances - A variance from the water quality standards may be
granted by the Director when the Director has a reasonable belief
that the standard can ultimately be attained. A variance from meeting
the standard is granted to the discharger for the particular
constituent that is causing non-attainment of the standard. All other
applicable criteria and standards must be met by the discharger. The
criteria protective of the standard must be maintained for all other
dischargers on the waterbody. A variance can be granted only under
the following conditions:
1. Non-attainment of the
standard is attributed to one of the following:
a. Naturally occurring
background pollutant concentrations or natural background conditions
prevent the attainment of the use;
b. Naturally occurring
ephemeral, intermittent or low flow conditions or water levels not
human-made or human-induced prevent the attainment of the use, unless
these conditions may be compensated for by the discharge of
sufficient volume of effluent discharges without violating state
water conservation requirements to enable uses to be met;
c. Human-made or human-induced
conditions prevent the attainment of the use and cannot be remedied
per § 1.22(A)(1)(f) of this Part, or would cause more
environmental damage to correct than to leave in place;
d. Existing dams, diversions
or other types of permitted hydrologic modifications which meet all
applicable permit and/or water quality certificate requirements
preclude the attainment of the use, and it is not feasible to restore
the water body to its original condition or to operate such
modification in a way that would result in the attainment of the use;
e. Physical conditions related
to the naturally occurring features of the waterbody, such as the
lack of a proper substrate, cover, flow, depth, pools, riffles, and
the like, unrelated to water quality and not human-made or
human-induced, preclude attainment of aquatic life protection uses;
or
f. Controls more stringent
than those required by Sections 301(b)(1)(A) and (B) (33 U.S.C. §
1311) and § 306 (33 U.S.C. § 1316) of the Clean Water Act
for point source dischargers, and reasonable best management
practices for nonpoint source dischargers, would result in
substantial and widespread economic and social impact.
2. Treatment more advanced
than that required by section 301(b)(1)(A) and (B) (33 U.S.C. §
1311) has been carefully considered, and that alternative effluent
control strategies have been evaluated.
B. Time Limit for Variances -
Variances from the water quality standards shall be for a specific
period of time not to exceed three (3) years. A variance may be
reinstated only upon demonstration that the conditions for granting
the variance still apply and reasonable progress toward meeting the
standard has been made.
C. Public Notice - The
Director may grant a variance, in accordance with this rule, only
after public notice, opportunity for comment and a public hearing, in
accordance with R.I. Gen. Laws Chapter 42-35.
D. Variances for RIPDES
Permitted Discharges - Those persons holding a RIPDES permit, or
applying for a RIPDES permit, must request a variance in accordance
with the Regulations for the Rhode Island Pollutant Discharge
Elimination System RIPDES.
E. Compliance With Other Water
Quality Regulations - Issuance of a variance pursuant to this rule
does not relieve the holder of the variance from complying with
requirements of these regulations which have not been the subject of
a variance.
1.23 Appeals
A. General - The procedures
for appeal of Departmental decisions pursuant to the provisions of
R.I. Gen. Laws Chapter 42-35 are contained in Part 10-00-1 of this
Title.
B. Appeal Procedures for
Applications for Orders of Approval and Water Quality Certifications
- The applicant may appeal to the Director for review of the decision
on an application for approval by filing an appeal with
DEM/Administrative Adjudication.
1. Filing of Appeal - All
appeals shall be in writing and shall be filed with and received by
DEM/Administrative Adjudication within thirty (30) days after the
effective date of the denial of the subject application.
2. Contents of Appeal - Every
appeal shall comply in all respects with Part 10-00-1 of this Title
and at a minimum contain the following:
a. A detailed basis upon which
the appeal is taken;
b. A plat plan of the area of
the subject application; and
c. A list of the names and
addresses of the applicant, the municipality in which the property is
located and all abutters.
3. Notice of Administrative
Hearing - Upon the filing of an appeal with DEM/ Administrative
Adjudication, and once the hearing schedule allows,
DEM/Administrative Adjudication shall notify the following, by first
class mail, of the date, time and place of the adjudicatory hearing,
in conformance with R.I. Gen. Laws § 42-35-9:
a. The applicant,
b. The municipality in which
the property is located,
c. All abutters and all other
persons who received notice pursuant to § 1.17(D)(1) of this
Part.
C. Appeal Procedure for Notice
of Violations, Suspensions or Revocations - Any person who has
received a Notice of Violation (NOV) alleging violation of these
regulations, or whose approval has been suspended or revoked, may
appeal to the Director for review of the decision on which the NOV,
suspension or revocation is based by filing an appeal with
DEM/Administrative Adjudication.
1. Filing of Appeal - All
appeals shall be in writing and shall be filed with and received by
DEM/Administrative Adjudication within twenty (20) days after the
date of the receipt of the subject NOV, revocation or suspension.
2. Contents of Appeal - Every
appeal shall contain a detailed basis upon which the appeal is taken.
1.24 Sampling
A. Water Quality Testing ‑
Surface water samples shall be collected, preserved, and analyzed in
accordance with 40 C.F.R. § 136, incoprorated above in §
1.3(A) of this Part, Guidelines establishing Test Procedures for the
Analysis of Pollutants. Other methods recommended by the EPA may be
used, if legally acceptable.
B. Bioassays - Bioassays shall
be performed in accordance with protocols listed in 40 C.F.R. §
136, incorporated above in § 1.3(A) of this Part,and Methods for
Measuring the Toxicity and Bioaccumulation of Sediment-associated
Contaminants with Freshwater Invertebrates, incorporated above in §
1.3(B) of this Part, or other methods if approved by the Director and
legally acceptable. A more detailed explanation of state requirements
pertaining to bioassays is given in the most recent RIDEM bioassay
protocol.
1.25 Water Quality Classifications
A. General - This waterbody
classification listing is consistent with the geographical/numerical
waterbody listing in the State of the State's Waters Report, also
known as the 305(b) Report. The waters included generally conform to
those shown on United States Geological Survey 1:24,000 Topographic
Maps and National Oceanic and Atmospheric Administration Nautical
Charts (various scales). At a minimum, all major rivers and river
segments greater than 1 mile in length, ponds 10 acres and larger
(terminal drinking water reservoirs less than 10 acres are retained),
and estuarine waters are included in this listing. To determine the
classification for waterbodies which are not listed, follow the
General Water Quality Classification Rules listed below and in §
1.9(E) of this Part.
B. Coldwater/Warmwater
Fisheries – Freshwater rivers and streams, and lakes and ponds
are designated as coldwater, warmwater or unassessed based upon the
potential for the presence of brook trout by evaluating current and
historical presence/absence information, habitat, water quality and
physical characteristics data. Where coldwater fish exist in waters
not yet designated as coldwater, the coldwater fish and habitat will
be protected as an existing use.
C. The following is a list of
symbols used in the water quality classification listing:
1. # - Located next to the
Waterbody ID number, the # indicates a segment where the Water Effect
Ratios (WERs) and Site Specific Criteria (See § 1.26 of this
Part) apply.
2. @ - Located next to the
Waterbody ID number identifies the terminal reservoir of the public
drinking water supply.
3. * - Located next to the
Waterbody ID number identifies a closed safety zone.
4. {a} - Located next to the
classification, {a} indicates a partial use designation due to
impacts from CSOs.
5. {b} - Located next to the
classification, {b} indicates a partial use designation due to
impacts from a concentration of vessels.
E. Blackstone River Basin,
Waterbody ID number RI0001
1. Wallum Lake &
Tributaries Subbasin, Waterbody ID number RI0001001
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0001001L-01@
Wallum
Lake. Burrillville
AA
WARM
2. Branch River &
Tributaries Subbasin, Waterbody ID number RI0001002
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0001002R-05A
Clear
River and tributaries from Wallum Lake to approximately 3/4 miles
downstream. Burrillville
A
COLD
RI0001002R-05B
Clear
River and tributaries from approximately 3/4 mile downstream of
Wallum Lake to a point 1/2 mile upstream of Wilson Reservoir
Burrillville
B1
COLD
RI0001002L-15
Round
Pond. Burrillville
B
RI0001002R-06
Dry
Arm Brook. Burrillville
B
WARM
RI0001002R-16
Iron
Mine Brook. Burrillville
B
RI0001002R-05C
Clear
River and tributaries from 1/2 mile upstream of Wilson Reservoir
to 1 mile upstream of confluence with the Chepachet River
(upstream of the Burrillville WWTF discharge point). Glocester,
Burrillville
B
WARM
RI0001002L-01
Wilson
Reservoir. Burrillville
B
WARM
RI0001002R-17
Leland
Brook and tributaries. Burrillville
B
RI0001002R-30
Tributaries
to Burlingame Reservoir. Glocester
B
WARM
RI0001002L-10
Burlingame
Reservoir. Glocester
B
WARM
RI0001002R-02
Brandy
Brook and tributaries. Glocester, Burrilville
B
WARM
RI0001002L-03
Echo
Lake (Pascoag Reservoir). Burrillville, Glocester
B
WARM
RI0001002R-09
Pascoag
River. Burrillville
B
WARM
RI0001002R-18
Mowry
Brook and tributaries. Burrillville
B
COLD
RI0001002R-11
Round
Top Brook and tributaries. Burrillville
A
WARM
RI0001002L-12
Round
Top State Pond. Burrillville
A
RI0001002R-04
Chocalog
River and tributaries. Burrillville
A
COLD
RI0001002R-08
Nipmuc
River and tributaries. Burrillville
A
COLD
RI0001002L-04
Spring
Lake (Herring Pond). Burrillville
B
WARM
RI0001002R-15
Herring
Brook. Burrillville
B
RI0001002R-25
Bettey
Brook. Burrillville
B
COLD
RI0001002R-05D
Clear
River from the Burrillville WWTF discharge point to the confluence
with the Chepachet River. Glocester, Burrillville
B1
WARM
RI0001002L-14
Cherry
Valley Pond. Glocester
B
RI0001002R-19
Peckham
Brook and tributaries. Glocester
B
RI0001002R-12
Saunders
Brook and tributaries. Glocester
B
WARM
RI0001002R-32
Tributaries
to Keech Pond. Glocester
B
RI0001002L-11
Keech
Pond. Glocester
B
WARM
RI0001002R-33
Tributaries
to Smith & Sayles Reservoir. Glocester
B
COLD
RI0001002L-07
Smith
& Sayles Reservoir. Glocester
B
WARM
RI0001002R-34
Tributaries
to Shingle Mill Pond. Glocester
B
WARM
RI0001002L-16
Shingle
Mill Pond. Glocester
B
WARM
RI0001002R-20
Stingo
Brook and tributaries. Glocester
B
WARM
RI0001002R-35
Tributaries
to Spring Grove Pond. Glocester
B
COLD
RI0001002L-06
Spring
Grove Pond. Glocester
B
RI0001002L-05
Sucker
Pond. Burrillville
B
RI0001002R-22
Sucker
Brook and tributaries. Burrillville, Glocester
B
COLD
RI0001002R-03
Chepachet
River and tributaires. Glocester, Burrillville
B
COLD
RI0001002R-01A
Branch
River and tributaries from the confluence of the Clear River and
Chepachet River at Oakland to the inlet of Slatersville Reservoir.
Burrillville
B
WARM
RI0001002R-21
Tucker
Brook and tributaries. Burrillville
B
COLD
RI0001002L-09
Slatersville
Reservoir. Burrillville, North Smithfield
B
WARM
RI0001002R-07
Mowry
Paine Brook and tributaries. Glocester
B
COLD
RI0001002R-13A
Headwaters
of Tarkiln Brook and tributaries to Nichols Pond. Burrillville,
Glocester, North Smithfield
B
COLD
RI0001002L-13
Nichols
Pond. Burrillville
B
WARM
RI0001002R-13C
Tarkiln
Brook from the outlet of Nichols Pond to Route 7 Crossing,
excluding Tarkiln Pond. Burrillville, Glocester, North Smithfield.
B
WARM
RI0001002L-08
Tarkiln
Pond. North Smithfield
B
WARM
RI0001002R-13B
Tarkiln
Brook and tributaries from Route 7 crossing to Slatersville
Reservoir. Burrillville, North Smithfield
B
WARM
RI0001002L-18
Lake
Bel Air. North Smithfield
B
RI0001002R-24
Rankin
Brook. North Smithfield
B
COLD
RI0001002R-14
Trout
Brook. North Smithfield
B
WARM
RI0001002L-17
Trout
Brook Pond. North Smithfield
B
WARM
RI0001002R-38
Unnamed
tributaries through Black Hut Management Area to confluence with
Branch River in Glendale. Burrillville
B
COLD
RI0001002R-01B
Branch
River and tributaries from the outlet of the Slatersville
Reservoir to the confluence with the Blackstone River. North
Smithfield
B
WARM
RI0001002R-23
Dawley
Brook. North Smithfield
B
RI0001002R-29
Tributaries
to Wilson Reservoir. Burrillville
B
RI0001002R-31
Tributaries
to Echo Lake (Pascoag Reservoir). Burrillville, Glocester
B
RI0001002R-36
Tributaries
to Nichols Pond. Burrillville, North Smithfield
B
RI0001002R-37
Tributaries
to Slatersville Reservoir. Burrillville
B
3. Blackstone River &
Tributaries Subbasin, Waterbody ID number RI0001003
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0001003R-09
Unnamed
tributaries to the Blackstone River #2. Woonsocket, North
Smithfield
B
WARM
RI0001003R-16
Mussey
Brook. Lincoln
B
WARM
RI0001003R-01A
Blackstone
River from the MA-RI border to the CSO outfall located at River
and Samoset Streets in Central Falls. Woonsocket, North
Smithfield, Cumberland, Lincoln and Central Falls.
B1
WARM
RI0001003R-02
Cherry
Brook and tributaries. North Smithfield, Woonsocket
B
WARM
RI0001003L-03
Todd's
Pond. North Smithfield
A
RI0001003L-05
Social
Pond. Woonsocket
B
RI0001003R-03
Mill
River. Woonsocket
B
RI0001003R-04
Peters
River. Woonsocket
B
WARM
RI0001003L-04
Handy
Pond (Upper Rochambeau Pond). Lincoln
B
RI0001003R-06
West
Sneech Brook and tributaries. Cumberland
B
COLD
RI0001003R-05
Scott
Brook and tributaries. Cumberland
A
RI0001003R-07
Monastery
Brook and tributaries. Cumberland
B
WARM
RI0001003R-01B
Blackstone
River from the CSO outfall located at River and Samoset streets in
Central Falls to the Slater Mill Dam. Central Falls, Pawtucket.
B1{a}
WARM
RI0001003L-01
Scott
Pond. Lincoln
B
RI0001003L-02
Valley
Falls Pond. Cumberland
B1
WARM
RI0001003R-08
Unnamed
tributaries to Blackstone River #1. Woonsocket
B
RI0001003R-10
Unnamed
tributaries to Blackstone River #3. Cumberland, Woonsocket
B
RI0001003R-12
Unnamed
tributaries to Blackstone River #5. Lincoln
B
4. Woonsocket Reservoir #3 &
all Tributaries Subbasin, Waterbody ID number RI0001004
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0001004L-01@
Woonsocket
Reservoir #3. North Smithfield, Smithfield
AA
RI0001004L-02@
Woonsocket
Reservoir #1. North Smithfield
AA
COLD
RI0001004L-03
Woonsocket
Reservoir #2. North Smithfield
AA
COLD
RI0001004L-04
Laporte's
Pond. Lincoln
A
RI0001004R-01
Crookfall
Brook and tributaries. North Smithfield
AA
COLD
RI0001004R-02
Spring
Brook and tributaries. North Smithfield
AA
WARM
5. Sneech Pond &
Tributaries Subbasin, Waterbody ID number RI0001005
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0001005L-01@
Sneech
Pond. Cumberland
AA
6. Abbott Run Brook &
Tributaries Subbasin, Waterbody ID number RI0001006
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0001006L-08
Carl’s
Pond. Cumberland
A
RI0001006R-05
Indian
Brook. Cumberland
AA
RI0001006R-06
Burnt
Swamp Brook and tributaries. Cumberland
AA
WARM
RI0001006L-01
Diamond
Hill Reservoir. Cumberland
AA
WARM
RI0001006L-05
Miscoe
Lake. Cumberland
AA
RI0001006R-07
Catamint
Brook. Cumberland
AA
RI0001006R-09
Sylvyns
Brook. Cumberland
AA
WARM
RI0001006R-04
Ash
Swamp Brook and tributaries. Cumberland
AA
RI0001006R-03
East
Sneech Brook. Cumberland
AA
WARM
RI0001006L-09
Little
Pond. Cumberland
AA
RI0001006R-02
Long
Brook and tributaries. Cumberland
AA
WARM
RI0001006L-02
Arnold
Mills Reservoir (Pawtucket Reservoir). Cumberland
AA
RI0001006R-01A
Abbott
Run Brook North and tributaries. Cumberland
AA
WARM
RI0001006L-06
Rawson
Pond. Cumberland
AA
RI0001006L-07
Howard
Pond. Cumberland
AA
RI0001006R-01B
Abbott
Run Brook South and tributaries. Abbot Run Brook in MA, back in RI
and to confluence with Blackstone Rv. Cumberland
AA
WARM
RI0001006R-08
Millers
River. Cumberland
AA
COLD
RI0001006L-04
Robin
Hollow Pond. Cumberland
AA
WARM
RI0001006L-03@
Happy
Hollow Pond. Cumberland
AA
WARM
F. Woonasquatucket River
Basin, Waterbody ID number RI0002
1. Woonasquatucket River &
Tributaries Subbasin, Waterbody ID number RI0002007
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0002007L-11
Primrose
Pond. North Smithfield
B
RI0002007R-10A
Woonasquatucket
River headwaters including tributaries to Georgiaville Pond,
excluding reservoirs and ponds. North Smithfield, Smithfield
B
WARM
RI0002007R-05
Latham
Brook and tributaries. Smithfield
B
RI0002007L-08
Woonasquatucket
Reservoir (Stump Pond/Stillwater Reservoir). Smithfield
B
WARM
RI0002007R-13
Unnamed
tributaries to Woonasquatucket Reservoir. Johnston
B
RI0002007R-07
Shincott
Brook and tributaries. Glocester, Smithfield
B
WARM
RI0002007R-11
Nine
Foot Brook and tributaries. Smithfield, Glocester
B
WARM
RI0002007R-02
Cutler
Brook and tributaries. Glocester
B
WARM
RI0002007R-14
Unnamed
tributaries to Waterman Reservoir. Glocester, Smithfield
B
RI0002007L-04
Waterman
Reservoir. Glocester, Smithfield
B
WARM
RI0002007R-09
Stillwater
River and tributaries. Smithfield
B
WARM
RI0002007L-05
Upper
Sprague Reservoir. Smithfield
B
WARM
RI0002007L-06
Lower
Sprague Reservoir. Smithfield
B
WARM
RI0002007R-15
Unnamed
tributaries to Slack Reservoir. Smithfield, Johnston
B
RI0002007L-03
Slack
Reservoir. Smithfield, Johnston
B
WARM
RI0002007L-01
Hawkins
Pond. Smithfield, Johnston
B
WARM
RI0002007R-06
Reaper
Brook. Smithfield
B
WARM
RI0002007L-10
Mountaindale
Reservoir. Smithfield
B
WARM
RI0002007R-12
Unnamed
tributaries to Stillwater Pond. Smithfield
B
RI0002007L-07
Stillwater
Pond. Smithfield
B
WARM
RI0002007R-16
Unnamed
tributaries to Georgiaville Pond. Smithfield
B
RI0002007L-02
Georgiaville
Pond. Smithfield
B
WARM
RI0002007L-09
Harris
Pond. Smithfield
B
WARM
RI0002007R-03
Harris
Brook and tributaries. Smithfield
B
WARM
RI0002007R-17
Airport
Creek. Smithfield
B
WARM
RI0002007R-10B
Woonasquatucket
River including tributaries from the Georgiaville Pond outlet to
the Smithfield WWTF discharge point at Esmond Mill Drive.
Smithfield
B
WARM
RI0002007R-04
Hawkins
Brook and tributaries. Smithfield
B
RI0002007R-01
Assapumpset
Brook and tributaries. Johnston
B
WARM
RI0002007R-10C
Woonasquatucket
River and tributaries from the Smithfield WWTF discharge point at
Esmond Mill Drive to the CSO outfall at Glenbridge Avenue in
Providence. Smithfield, North Providence, Providence, Johnston
B1
WARM
RI0002007R-10D
Woonasquatucket
River from the CSO outfall at Glenbridge Avenue to the confluence
with the Moshassuck River. Providence
B1{a}
WARM
G. Moshassuck River Basin,
Waterbody ID number RI0003
1. Moshassuck River &
Tributaries Subbasin, Waterbody ID number RI0003008
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0003008R-01A
Moshassuck
River headwaters including tributaries, to inlet of Barney Pond.
Lincoln
B
COLD
RI0003008R-01B
Moshassuck
River and tributaries from Barney Pond outlet to the first CSO
discharge point at Weeden Street Bridge. Lincoln, Central Falls,
Pawtucket
B
WARM
RI0003008L-02
Barney
Pond. Lincoln
B
WARM
RI0003008L-01
Olney
Pond. Lincoln
B
WARM
RI0003008R-02
Threadmill
Brook. Lincoln
B
WARM
RI0003008R-01C
Moshassuck
River and tributaries from the first CSO discharge point at Weeden
Street Bridge to the confluence with the Woonasquatucket River.
Central Falls, Pawtucket, Providence
B{a}
WARM
RI0003008R-03A
West
River headwaters, including tributaries to the inlet of Wenscott
Reservoir. Providence, North Providence
B
WARM
RI0003008L-05
Wenscott
Reservoir (Twin Rivers). North Providence, Smithfield, Lincoln
B
WARM
RI0003008R-03B
West
River and tributaries from the outlet of Wenscott Reservoir,
including Geneva and Whipple ponds, to the first CSO discharge
point located south of the Branch Avenue crossing, off of
Vandewater street. North Providence, Providence.
B
WARM
RI0003008L-04
Canada
Pond. North Providence, Providence
B
RI0003008R-03C
West
River and tributaries from the first CSO discharge point located
south of the Branch Avenue crossing, off of Vandewater. Street to
the confluence with the Moshassuck River. Providence
B{a}
WARM
H. Ten Mile River Basin,
Waterbody ID number RI0004
1. Ten Mile River &
Tributaries Subbasin, Waterbody ID number RI0004009
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0004009L-01A
Turner
Reservoir North of Newman Avenue Dam(Central Pond). East
Providence
B1
WARM
RI0004009L-01B
Turner
Reservoir South of Newman Avenue Dam. East Providence
B
WARM
RI0004009L-03
Omega
Pond. East Providence
B
WARM
RI0004009R-01A
Ten
Mile River and tributaries from the MA-RI border to the inlet to
Turner Reservoir North, including Slater Park Pond. Pawtucket
B1
WARM
RI0004009R-01B
Ten
Mile River and tributaries downstream of Turner Reservoir South to
the Omega Pond inlet. East Providence
B
WARM
I. Thames River Basin,
Waterbody ID number RI0005
1. Tributaries to the Five
Mile River Subbasin, Waterbody ID number RI0005047
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0005047R-06
Leeson
Brook. Burrillville
B
RI0005047R-05
Cold
Spring Brook. Burrillville
B
RI0005047R-04
Croff
Farm Brook. Burrillville
B
WARM
RI0005047L-05
Cedar
Swamp Pond. Burrillville
B
RI0005047L-01
Wakefield
Pond. Burrillville
B
WARM
RI0005047R-02
Keach
Brook and tributaries. Burrillville
B
WARM
RI0005047L-02
Peck
Pond. Burrillville
B
WARM
RI0005047R-10
Unnamed
tributary to Lake Washington. Glocester
B
RI0005047L-04
Lake
Washington. Glocester
B
WARM
RI0005047L-10
Wilbur
Pond. Burrillville
B
RI0005047L-03
Bowdish
Reservoir. Glocester
B
WARM
RI0005047L-08
Clarksville
Pond. Glocester
B
WARM
RI0005047R-01
Brown
Brook and tributaries. Glocester, Burrillville
B
RI0005047L-09
Hawkins
Pond. Glocester
B
RI0005047R-14
Unnamed
tributaries through White’s Pond to confluence with Mowry
Meadow Brook. Glocester
B
COLD
RI0005047R-03
Mowry
Meadow Brook and tributaries (Shady Oak Brook). Glocester
B
WARM
RI0005047R-08
Cady
Brook. Glocester
B
COLD
RI0005047R-07
Unnamed
tributary to Killingly Pond. Glocester, Foster
B
WARM
RI0005047L-07
Killingly
Pond. Glocester
B
WARM
RI0005047R-09
Unnamed
tributaries to Bowdish reservoir. Burrillville, Glocester
B
RI0005047R-11
Unnamed
tributaries to Wilbur Pond. Burrillville
B
RI0005047R-12
Unnamed
tributaries to Wakefield Pond. Burrillville
B
2. Moosup River &
Tributaries Subbasin, Waterbody ID number RI0005011
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0005011R-07
Salisbury
Brook and tributaries. Foster
A
RI0005011R-06
Quanduck
Brook and tributaries. Foster
A
WARM
RI0005011L-06
Clark
Pond. Foster
A
COLD
RI0005011R-03
Moosup
River and tributaries. Foster, Coventry
A
COLD
RI0005011R-05
West
Meadow Brook and tributaries. Foster
A
COLD
RI0005011L-07
Briggs
Pond. Coventry
A
RI0005011L-02
Waterman
Pond (Sisson Pond). Coventry
A
RI0005011R-02
Warwick
Brook and tributaries. Coventry
A
COLD
RI0005011R-10
Unnamed
tributary to Koszela Pond. Coventry
A
COLD
RI0005011L-08
Koszela
Pond. Coventry
A
RI0005011R-09
Sawmill
Brook and tributaries. Coventry
A
RI0005011R-01
Bucks
Horn Brook and tributaries. Coventry
A
COLD
RI0005011L-01
Carbuncle
Pond. Coventry
A
WARM
RI0005011L-05
Great
Grass Pond. Coventry, West Greenwich
A
RI0005011L-04
Whitford
Pond. Coventry
A
RI0005011L-09
Little
Grass Pond. Coventry
A
RI0005011L-03
Arnold
Pond. Coventry
A
RI0005011R-04
Roaring
Brook and tributaries. Coventry
A
WARM
3. Beach Pond &
Tributaries Subbasin, Waterbody ID number RI0005010
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0005010L-01
Beach
Pond. Exeter
B
WARM
RI0005010R-01
Unnamed
tributary to Beach Pond. Exeter
B
J. Pawtuxet River Basin,
Waterbody ID number RI0006
1. Big River & Tributaries
Subbasin, Waterbody ID number RI0006012
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0006012L-03
Milbrook
Pond. Exeter
A
COLD
RI0006012R-04
Congdon
River and tributaries. Exeter, West Greenwich
A
COLD
RI0006012R-05
Nooseneck
River and tributaries. West Greenwich
A
COLD
RI0006012R-06
Raccoon
Brook. West Greenwich
A
COLD
RI0006012R-02
Big
River and tributaries. West Greenwich
A
RI0006012L-01
Carr
Pond. West Greenwich
A
WARM
RI0006012L-02
Tarbox
Pond. West Greenwich
A
WARM
RI0006012R-03
Carr
River and tributaries. West Greenwich
A
WARM
RI0006012R-07
Mud
Bottom Brook. West Greenwich
A
RI0006012L-04
Capwell
Mill Pond. West Greenwich
A
WARM
RI0006012L-05
Reynolds
Pond to the Harkney Hill Road highway bridge. West Greenwich,
Coventry
A
WARM
RI0006012R-01
Bear
Brook and tributaries. West Greenwich, Coventry
A
COLD
2. Flat River Reservoir &
Tributaries Subbasin, Waterbody ID number RI0006013
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0006013R-10
Turkey
Meadow Brook and tributaries. Scituate, Coventry
B
COLD
RI0006013R-04
Negro
Sawmill Brook. Coventry
B
COLD
RI0006013R-06
Pine
Swamp Brook. Foster, Coventry
B
COLD
RI0006013R-02
Flat
River and tributaries. Coventry
B
COLD
RI0006013R-03
McCuster
Brook and tributaries. Coventry
B
COLD
RI0006013R-09
Whaley
Brook and tributaries. Foster, Coventry
B
COLD
RI0006013L-01
Flat
River Reservoir (Johnson Pond). Coventry
B
WARM
RI0006013R-05
Pierce
Brook and tributaries. Scituate, Coventry
B
COLD
RI0006013R-01
Boyd
Brook. Scituate, Coventry
B
COLD
RI0006013L-13
Carr
Pond. Coventry
B
RI0006013L-04
Quidneck
Reservoir. Coventry
B
WARM
RI0006013R-08A
Quidneck
Brook headwaters and tributaries to Quidneck Reservoir. Coventry
B
RI0006013R-08B
Quidneck
Brook from the outlet of Quidneck Reservoir to Coventry Reservoir
(Stump Pond). Coventry
B
COLD
RI0006013R-08C
Quidneck
Brook from the outlet of Coventry Reservoir (Stump Pond) to Flat
River Reservoir. Coventry
B
RI0006013L-03
Coventry
Reservoir (Stump Pond). Coventry
B
RI0006013R-07
Poor
Farm Brook and tributaries. Coventry
B
RI0006013L-14
Hall
Pond. Coventry
B
RI0006013L-12
Maple
Root Pond. Coventry
B
3. Pawtuxet River South Branch
& Tributaries Subbasin, Waterbody ID number RI0006014
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0006014R-04A
Pawtuxet
River South Branch from the Flat River Reservoir dam to the
Quidnick Dye Mill dam. Coventry
B
WARM
RI0006014R-03
Old
Hickory Brook. West Greenwich, Coventry
B
RI0006014L-01
Mishnock
Lake. West Greenwich
B
WARM
RI0006014R-02
Mishnock
River and tributaries. West Greenwich, Coventry
B
COLD
RI0006014L-07
Huron
Pond. Coventry
B
RI0006014L-02
Tiogue
Lake. Coventry
B
WARM
RI0006014L-08
Phelps
Pond. West Greenwich
B
RI0006014L-04
Upper
Dam Pond. Coventry
B
RI0006014L-06
Middle
Dam Pond. Coventry
B
RI0006014R-04B#
Pawtuxet
River South Branch from the Quidnick Dye Mill dam to its
confluence with the North Branch of the Pawtuxet River. Coventry,
West Warwick, Warwick
B1
WARM
RI0006014R-01
Hawkinson
Brook and tributaries. West Warwick
B
COLD
RI0006014L-05
Matteson
Pond. West Warwick
B
RI0006014R-05
Tributaries
to Tiogue Lake. Coventry
B
4. Scituate Reservoir
Tributaries Subbasin, Waterbody ID number RI0006015
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0006015L-02
Ponagansett
Reservoir. Glocester
AA
RI0006015R-20A
Ponagansett
River headwaters and tributaries from the outlet of Ponagansett
Reservoir to the confluence with Shippee Brook. Glocester, Foster
AA
WARM
RI0006015R-23
Shippee
Brook and tributaries. Foster
AA
COLD
RI0006015R-34
Huntington
Brook. Foster
AA
COLD
RI0006015R-20B
Ponagansett
River and tributaries from the confluence with Shippee Brook to
Scituate Reservoir, excluding Barden Reservoir.
Glocester,
Foster
AA
COLD
RI0006015L-05
Shippee
Saw Mill Pond. Foster
AA
WARM
RI0006015R-09
Hannah
Brook. Glocester
AA
COLD
RI0006015R-01
Allen
Richard Brook. Glocester
AA
RI0006015R-13
Killy
Brook. Glocester, Foster
AA
RI0006015R-30
Windsor
Brook and tributaries. Glocester, Foster
AA
COLD
RI0006015L-09
Brush
Meadow Pond. Foster, Scituate
AA
RI0006015R-08
Dolly
Cole Brook and tributaries. Glocester, Foster, Scituate
AA
WARM
RI0006015L-06
Barden
Reservoir. Foster, Scituate
AA
RI0006015R-17
Paine
Brook and tributaries. Foster
AA
COLD
RI0006015R-10
Hemlock
Brook and tributaries. Foster
AA
COLD
RI0006015R-26
Swamp
Brook. Scituate
AA
COLD
RI0006015R-27
Westconnaug
Brook and tributaries. Foster
AA
RI0006015L-03
Westconnaug
Reservoir. Foster, Scituate
AA
RI0006015R-28
Westconnaug
Stream and tributaries. Foster, Scituate
AA
RI0006015R-02
Bear
Tree Brook. Foster, Scituate
AA
COLD
RI0006015L-10
King
Pond. Scituate
AA
RI0006015R-14
King
Brook. Scituate
AA
RI0006015R-06
Cork
Brook. Scituate
AA
COLD
RI0006015R-32
Potterville
Brook and tributaries. Foster, Scituate
AA
WARM
RI0006015R-29
Wilbur
Hollow Brook and tributaries. Scituate
AA
WARM
RI0006015L-07@
Scituate
Reservoir. Scituate
AA
RI0006015R-25
Spruce
Brook and tributaries. Scituate
AA
COLD
RI0006015R-31
Hunt
Brook. Glocester
AA
COLD
RI0006015R-19A
Peeptoad
Brook headwaters and tributaries to Coomer Lake. Glocester
AA
COLD
RI0006015L-08
Coomer's
Lake. Glocester
AA
RI0006015R-19B
Peeptoad
Brook and tributaries from the outlet of Coomer Lake to Regulating
Reservoir. Glocester, Scituate.
AA
WARM
RI0006015R-18
Mosquitohawk
Brook and tributaries. Glocester, Scituate
AA
COLD
RI0006015L-13
Lake
Aldersgate. Glocester
AA
COLD
RI0006015R-11
Huntinghouse
Brook. Glocester, Scituate
AA
COLD
RI0006015R-22
Rush
Brook and tributaries. Scituate
AA
COLD
RI0006015R-24
Soak
Hide Brook. Scituate
AA
COLD
RI0006015L-01
Regulating
Reservoir. Scituate
AA
RI0006015R-03
Blanchard
Brook. Scituate
AA
WARM
RI0006015L-14
Kimball
Reservoir. Johnston
AA
RI0006015R-16
Moswansicut
Stream. Scituate
AA
RI0006015L-04
Moswansicut
Pond. Scituate, Johnston
AA
RI0006015R-05
Bullhead
Brook. Scituate
AA
RI0006015R-04
Brandy
Brook. Scituate
AA
RI0006015L-11
Pine
Swamp Pond. Scituate
AA
RI0006015R-21
Quonopaug
River and tributaries. Scituate
AA
RI0006015L-12
Betty
Pond. Scituate
AA
RI0006015R-12
Kent
Brook and tributary. Scituate
AA
RI0006015R-07
Coventry
Brook. Scituate
AA
RI0006015R-33
Unnamed
tributaries to Ponagansett Reservoir. Glocester
AA
RI0006015R-35
Unnamed
tributaries to Westconnaug Reservoir. Foster
AA
RI0006015R-36
Unnamed
tributaries to Scituate Reservoir. Scituate
AA
RI0006015R-37
Unnamed
tributaries to Betty Pond. Cranston, Scituate
AA
5. Pawtuxet River North Branch
& Tributaries Subbasin, Waterbody ID number RI0006016
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0006016R-06A
Pawtuxet
River North Branch from Gainer Memorial Dam to 0.5 mile
downstream. Scituate
A
COLD
RI0006016R-03
Colvin
Brook. Scituate
B
COLD
RI0006016R-06B
Pawtuxet
River North Branch from 0.5 mile downstream of the Gainer Memorial
Dam to the Arkwright Dam. Scituate, Coventry, and Cranston
B
COLD
RI0006016R-08
Unnamed
tributary #1 to North Branch Pawtuxet River. Scituate, Coventry
A
COLD
RI0006016R-07
Burlingame
Brook. Coventry, Scituate
B
COLD
RI0006016R-04
Cranberry
Brook. Scituate
B
COLD
RI0006016L-02
J.L.
Curran Reservoir (Fiskeville Reservoir). Cranston
B
WARM
RI0006016R-02
Clarke
Brook. Cranston
B
COLD
RI0006016R-06C
Pawtuxet
River North Branch from the Arkwright Dam to the confluence of the
North and South Branches of the Pawtuxet River at Riverpoint.
Scituate, Coventry, Cranston
B
WARM
RI0006016L-01
Black
Rock Reservoir. Coventry
B
WARM
RI0006016R-01
Black
Rock Brook and tributaries. Coventry
B
WARM
RI0006016L-03
Fones
Pond. Coventry
B
RI0006016R-05
Lippet
Brook and tributaries. Cranston, West Warwick
B
WARM
RI0006016R-10
Unnamed
tributary #3 to North Branch Pawtuxet River. Coventry
A
6. Pawtuxet River Main Stem &
Tributaries Subbasin, Waterbody ID number RI0006017
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0006017R-03#
Pawtuxet
River from the confluence of the North and South Branches at
Riverpoint to the Pawtuxet Cove Dam at Pawtuxet. West Warwick,
Warwick, Cranston
B1
WARM
RI0006017R-01
Furnace
Hill Brook and tributaries. Johnston, Cranston
B
COLD
RI0006017L-01
Meshanticut
Pond. Cranston
B
WARM
RI0006017R-02
Meshanticut
Brook and tributaries. Cranston, Warwick
B
WARM
RI0006017L-02
Three
Ponds. Warwick
B
RI0006017R-04
Three
Pond Brook. Warwick
B
RI0006017L-10
Tongue
Pond. Cranston
B
RI0006017L-07
Spectacle
Pond. Cranston
B
RI0006017L-06
Mashapaug
Pond. Providence
B
WARM
RI0006017L-05
Roger
Williams Park Ponds. Providence
B
WARM
RI0006017L-08
Fenner
Pond. Cranston
B
RI0006017L-09
Sand
Pond (N. of Airport). Warwick
B
RI0006017R-05
Lakewood
Brook. Warwick.
B
7. Pocasset River &
Tributaries Subbasin, Waterbody ID number RI0006018
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0006018R-03A
Pocasset
River and tributaries from the headwaters to the inlet of
Printworks Pond. Johnston, Cranston
B
WARM
RI0006018L-01
Oak
Swamp Reservoir. Johnston
B
WARM
RI0006018R-02A
Dry
Brook and tributaries from the outlet of Oak Swamp Reservoir to a
point 0.3 miles below Almy Reservoir at the discharge point of
Medical Homes of R.I., excluding Almy Reservoir. Johnston
B
WARM
RI0006018L-02
Almy
Reservoir. Johnston
B
WARM
RI0006018R-02B
Dry
Brook and tributaries from a point 0.3 miles below Almy Reservoir
to its confluence with the Pocasset River. Johnston
B1
RI0006018R-01
Cedar
Swamp Brook and tributaries. Johnston
B
WARM
RI0006018L-03
Simmons
Reservoir. Johnston
B
WARM
RI0006018R-04
Simmons
Brook and tributaries. Johnston
B
WARM
RI0006018L-08
Stone
Pond. Cranston
B
RI0006018L-04
Randall
Pond. Cranston
B
WARM
RI0006018L-07
Dyer
Pond. Cranston
B
RI0006018L-05
Print
Works Pond. Cranston
B
WARM
RI0006018R-03B
Pocasset
River and tributaries from the outlet of Printworks Pond to the
confluence with the Pawtuxet River. Cranston
B
WARM
RI0006018L-06
Blackamore
Pond. Cranston
B
WARM
RI0006018R-05
Unnamed
tributaries to Summons Reservoir. Johnston, Cranston
B
K. Narragansett Basin,
Waterbody ID number RI0007
1. Seekonk River Subbasin,
Waterbody ID number RI0007019
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007019E-01
Seekonk
River from the Slater Mill Dam at Main Street in Pawtucket to
India Point in Providence. Pawtucket, Providence, and East
Providence
SB1{a}
2. Providence River Subbasin,
Waterbody ID number RI0007020
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007020E-01B
Providence
River from its confluence with the Moshassuck and Woonasquatucket
Rivers in Providence south and south of a line from India Point to
Bold Point (across the mouth of the Seekonk River), to a line
extending from a point on shore due east of Naushon Avenue in
Warwick to the western terminus of beach Road in East Providence,
including Watchemoket Cove. East Providence, Providence, Cranston
and Warwick.
SB1{a}
RI0007020E-01A
Providence
River south of a line from a point on shore due east of Naushon
Avenue in Warwick to the western terminus of Beach Road in East
Providence and north of a line from Conimicut Point in Warwick to
Old Tower at Nayatt Point in Barrington. East Providence, Warwick,
Barrington
SB{a}
RI0007020R-08
Tributary
to Occupessatuxet Cove. Warwick
B
WARM
RI0007020R-05
Mosskettuash
Brook and tributaries. East Providence
B
WARM
RI0007020R-02
Annawomscott
Brook. East Providence, Barrington
B
WARM
RI0007020L-04
Posnegansett
Pond. Warwick
A
RI0007020L-06
Prince's
Pond (Tiffany Pond). Barrington
SA
RI0007020L-02
Brickyard
Pond. Barrington
B
WARM
RI0007020R-01
Mussuchuck
Creek. Barrington
B
RI0007020R-03
Tributaries
to Echo Lake. Barrington
B
WARM
RI0007020L-07
Echo
Lake. Barrington
B
WARM
RI0007020R-07
Tributaries
to Passeonkquis Cove. Warwick
B
3. Upper Narragansett Bay
Subbasin, Waterbody ID number RI0007024
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007024E-01
Upper
Narragansett Bay from Conimicut Point-Nayatt Point boundary south,
including waters south of a line from Adams Point, Barrington to
Jacobs Point, Warren, to a line from Warwick Point in Warwick
through Providence Point on Prudence Island, to Popasquash Point
in Bristol. Warwick, Barrington, Bristol, Portsmouth, Warren
SA
RI0007024R-06
Rumstick
Run. Barrington
A
RI0007024L-01
Sandy
Pond (Little Pond, south of airport). Warwick
B
WARM
RI0007024R-10
Unnamed
tributary to Spring Green Pond. Warwick
B
WARM
RI0007024L-03
Spring
Green Pond. Warwick
B
WARM
RI0007024R-05
Tributaries
to Warwick Pond. Warwick
B
WARM
RI0007024L-02
Warwick
Pond. Warwick
B
WARM
RI0007024R-01
Buckeye
Brook and tributaries. Warwick
B
WARM
RI0007024R-02
Parsonage
(Knowles) Brook. Warwick
B
WARM
RI0007024R-04
Warner
Brook. Warwick
B
WARM
RI0007024R-03
Lockwood
Brook and tributaries. Warwick
B
WARM
RI0007024E-02
Old
Mill Creek. Warwick
SA
RI0007024R-08
Tributaries
to Mill Gut, Colt State Park. Bristol
A
4. Barrington & Runnins
Rivers Subbasin, Waterbody ID number RI0007021
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007021R-01
Runnins
River and tributaries from the MA-RI border to the Mobil Dam in
East Providence. Providence, East Providence
B
WARM
RI0007021R-02
Tributaries
to Barrington River. Barrington
A
WARM
RI0007021E-01A
Barrington
River from the Mobil Dam in East Providence to the East Bay Bike
Path trestle in Barrington approximately 2500 feet north of the
confluence with the Palmer River. East Providence, Barrington
SA
RI0007021E-01B
Barrington
River from the East Bay Bike Path trestle, south approximately
2500 feet to the confluence with the Palmer River. Barrington
SB1
5. Palmer River Subbasin,
Waterbody ID number RI0007022
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007022E-01A
Palmer
River from the MA-RI border to the East Bay Bike Path trestle in
Warren, approximately 2500 feet north of the confluence with the
Barrington River. Warren, Barrington
SA
RI0007022E-01B
Palmer
River from the East Bay Bike Path trestle in Warren, south
approximately 2500 feet to the confluence with the Barrington
River. Warren, Barrington
SB1
RI0007022R-02
Unnamed
tributary #2 to Palmer River. Warren
A
6. Warren River Subbasin,
Waterbody ID number RI0007023
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007023E-01A
Warren
River from the confluence with the Barrington and Palmer Rivers,
approximately 2500 feet south of the East Bay Bike Path trestles,
south to a line between the concrete jetty at the north end of the
Warren Town Beach through Nun Buoy 18 and its extension to the
Barrington Shore. Barrington, Warren.
SB1
RI0007023E-01B
Warren
River waters south of a line from the concrete jetty at the north
end of the Warren Town Beach through Nun Buoy 18 and its extension
to the Barrington shore and north of a line from Adams Point in
Barrington to Jacobs Point in Warren. Warren, Barrington.
SB
RI0007023R-01
Tributaries
to Warren River. Warren, Bristol
B
7. Greenwich Bay Subbasin,
Waterbody ID number RI0007025
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007025R-02
Cedar
Brook and tributaries. West Warwick
B
RI0007025R-01
Hardig
Brook and tributaries. West Warwick, Warwick
B
WARM
RI0007025R-14
Mill
Brook. Warwick
B
RI0007025R-13
Gorton
Pond tributary. Warwick
B
RI0007025L-01
Gorton
Pond. Warwick
B
WARM
RI0007025R-11
Greenwood
Creek. Warwick
B
RI0007025E-01
Apponaug
Cove waters north and west of a line from the RIDEM range marker
located at the end of Neptune Lane in Chepiwanoxet to the RIDEM
range marker located at Cedar Tree Point. Warwick
SB
RI0007025E-07
Mary’s
Creek. Warwick
SB
RI0007025E-04A
Greenwich
Bay waters north and west of a line from the eastern extremity of
Sandy Point on Potowomut Neck, East Greenwich, to the flag pole
located at the Warwick Country Club on Warwick Neck; east of a
line from the northerly point of Long Point to the southerly point
of Chepiwanoxet Point, and east of a line from the RIDEM range
marker located on the NECO Pole #6 at the end of Neptune St. in
Chepiwanoxet to the RIDEM range marker located at the extension of
Capron Farm Drive in Nausauket. Warwick, East Greenwich
SA
RI0007025E-04B
Greenwich
Bay waters north and west of a line from the RIDEM range marker
located on the NECO Pole#6 at the end of Neptune Street in
Chepiwanoxet to the RIDEM range marker located at the extension of
Capron Farm Drive in Nausauket, , and east of a line from the
RIDEM range marker located at the end of Neptune St. in
Chepiwanoxet to the RIDEM range marker located at Cedar Tree
Point. Warwick
SA
RI0007025R-06
Baker
Creek. Warwick
A
RI0007025R-05
Tuscatucket
Brook. Warwick
A
WARM
RI0007025R-09
Southern
Creek (Carpenter Brook). Warwick
A
WARM
RI0007025E-02
Brushneck
Cove. Warwick
SA
RI0007025E-03
Buttonwoods
Cove. Warwick
SA
RI0007025R-07
Fosters
Brook. Warwick
B
RI0007025R-08
Oakside
Street Brook. Warwick
B
RI0007025E-06A
Warwick
Cove north of a line from the easternmost extension of Burr Avenue
on Horse Neck to the westernmost extension of Meadow Avenue on the
east shore. Warwick
SB
RI0007025E-06B
Warwick
Cove south of a line from the easternmost extension of Burr Avenue
on Horse Neck to the southernmost point of the Harbor Light Marina
parking lot on the east shore and north of a line from the
southeastern most riprap jetty at the entrance of Warwick Cove,
located at the southeastern end of Oakland Beach to the southern
(landward) end of Dorr's Dock on Warwick Neck, excluding the
waters noted below in RI0007025E-06C. Warwick
SA
RI0007025E-06C
Warwick
Cove in the vicinity of Captain’s Shellfish. Warwick
SB
RI0007025R-16
Saddle
Brook. West Warwick, Warwick, East Greenwich
B
COLD
RI0007025R-03
Maskerchugg
River. Warwick, East Greenwich
B
WARM
RI0007025R-17
Nichols
River. East Greenwich
B
WARM
RI0007025R-04
Dark
Entry Brook. Warwick, East Greenwich
B
WARM
RI0007025E-05A
Greenwich
Cove south of Long Point. East Greenwich, Warwick
SB1
RI0007025E-05B
Greenwich
Cove north of Long Point and west of a line extending from the
northerly point of Long Point to the southerly point of
Chepiwanoxet Peninsula. East Greenwich, Warwick
SB
RI0007025R-12
Unnamed
Brook to Gorton Pond. Warwick
B
8. Potowomut River Subbasin,
Waterbody ID number RI0007028
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007028R-06
Scrabbletown
Brook. East Greenwich, North Kingstown
A
COLD
RI0007028R-03A
Hunt
River headwaters to Frenchtown Road. East Greenwich, North
Kingstown
A
COLD
RI0007028R-01
Frenchtown
Brook and tributaries. West Greenwich, East Greenwich
A
COLD
RI0007028R-04
Mawney
Brook and tributaries. East Greenwich
A
COLD
RI0007028R-03B
Hunt
River and tributaries from Frenchtown Road to the Brown and Sharpe
discharge point located approximately 0.55 miles downstream of
Frenchtown Road. East Greenwich, North Kingstown
B
COLD
RI0007028R-02
Fry
Brook and tributaries. West Warwick, East Greenwich
B
COLD
RI0007028R-03C
Hunt
River from the Brown and Sharpe discharge point located
approximately 0.55 miles downstream of Frenchtown Road to Austin
Road. East Greenwich, North Kingstown
B1
COLD
RI0007028R-07
Pierce
Brook. East Greenwich
B
RI0007028L-01
Potowomut
Pond. North Kingstown
B
COLD
RI0007028R-03D
Hunt
River, excluding Potowomut Pond, from Austin Road to the tidal
waters of the Potowomut River approximately 1000 feet south of the
Forge Road Bridge. East Greenwich, North Kingstown
B
COLD
RI0007028R-05
Sandhill
Brook and tributaries. North Kingstown
B
WARM
RI0007028E-01A
The
water of the Potowomut River west of a line from the RIDEM range
marker (41 39.364’N and 71 24.947’W) on the northern
shoreline to the southwestern landward end of the stone jetty and
CRMC Dock #1971 on the opposite southern shoreline at 51 Pojac
Point Road North Kingstown. East Greenwich, North Kingstown
SA
RI0007028E-01B
The
waters of the Potowomut River east of a line from the RIDEM range
marker (41 39.364’N and 71 24.947’W) on the northern
shoreline to the southwestern landward end of the stone jetty and
CRMC Dock #1971 on the opposite southern shoreline at 51 Pojac
Point Road North Kingstown. East Greenwich, North Kingstown
SA
9. West Passage Narragansett
Bay Subbasin, Waterbody ID number RI0007027
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007027E-03A
West
Passage waters south of a line extending from the shore in the
vicinity of High Bank Ave, North Kingstown, running due east
through buoy N”6” and terminating at the shoreline of
Prudence Island; west of a line from the southernmost point on
Prudence Island to the northernmost point on Jamestown, and north
of a line from Cormorant Point at the mouth of Pettaquamscutt
River, Narragansett to Beavertail, Jamestown, excluding all the
West Passage, Allen's Harbor and Wickford Harbor waters. Warwick,
East Greenwich, Portsmouth, North Kingstown, Jamestown,
Narragansett.
SA
RI0007027R-10
Tibbets
Creek and tributaries. North Kingstown
A
RI0007027E-01A
Allen's
Harbor waters north of a line extending from the westernmost
indentation of the cove which is immediately north of the
easternmost curve of Westcott Road to the northernmost point of
land on the south side of the mouth of Allen's Harbor. North
Kingstown
SA{b}
RI0007027E-01B
Allen's
Harbor waters south and east of a line extending from the
westernmost indentation of the cove which is immediately north of
the easternmost curve of Westcott Road to the northernmost point
of land on the south side of the mouth of Allen's Harbor. North
Kingstown
SB
RI0007027E-05
Little
Allen's Harbor. North Kingstown
SB
RI0007027E-03B
West
Passage waters in the vicinity of Piers No. 1 and No. 2 at the
Davisville Depot as defined by the following geographical
coordinates: RIDEM Range Marker located along the north side of
Pier No. 2 Lat 41.6154N/ Long -71.4034W; 41.6165N/ Long -71.4026W;
Lat 41.6153N/Long -71.3995W; Nun Buoy 16; Lat 41.6082N/Long
-71.4020W and the point south of the end of the bulkhead located
south of Pier No. 1 at 41.6115N/Long -71.4098W.North Kingstown.
SB
RI0007027E-03C
West
Passage waters in the vicinity of Quonset Point within 1500 feet
of shore from the western end of the carrier pier to a point 1000
feet north of Quonset Point. North Kingstown
SB1
RI0007027E-03D
West
Passage waters in the vicinity of Quonset Point exclusive of those
waters described in RI0007027E-03A, RI0007027E-03C,
RI0007027E-03E, and RI0007027E-03F, north and east of the
intersection of a line extending from Fourth Street, Sauga Point,
North Kingstown, southeast to the northeastern most point on Fox
Island and a line drawn from the Wickford Lighthouse to Buoy R 6,
west of a line from Buoy R 6 to Nun Buoy 10, south of a line from
Nun Buoy 10 through F G Buoy 11 extended to the shore. North
Kingstown.
SB
RI0007027E-03E*
West
Passage waters in the vicinity of Quonset Point that are south of
a line from the northeastern end of the bulkhead at Quonset State
Airport to Nun Buoy 10; and north of a line from Nun Buoy 10
through F G Buoy 11 extended to the shore. North Kingstown
SA
RI0007027E-03F*
West
Passage waters in the vicinity of Quonset Point that lie within
the following intersection of lines: south of a line from the
Wickford Lighthouse to Buoy R 6; west of a line from Fox Island to
Nun Buoy 8; east and north of a line from the Southerly extension
of Second Street in the Sauga Point area in North Kingstown, to
the western extremity of Sand Point on Jamestown. North Kingstown
SA
RI0007027E-03G*
West
Passage waters in the vicinity of Sauga Point, North Kingstown
defined by the intersection of a line from the southerly extension
of Second Street in the Sauga Point area to the western extremity
of Sand Point on Jamestown, with a line extending from Fourth
Street in the Sauga Point area, southeast to the northeastern most
point on Fox Island. North Kingstown
SA
RI0007027L-05
Davol
Pond. North Kingstown
A
RI0007027L-06
Frys
Pond. North Kingstown
A
RI0007027R-11
Hall
Creek. North Kingstown
B
RI0007027R-05
Pine
River from headwaters to confluence with Mill Creek. North
Kingstown
B
WARM
RI0007027R-06
Mill
Creek and tributaries from headwaters to Camp Avenue culvert.
North Kingstown
B
WARM
RI0007027R-03
Cocumcussoc
Brook and tributaries. North Kingstown
B
COLD
RI0007027E-04B
Wickford
Harbor including Mill Cove and the estuarine portion of Mill
Creek, west of a line extending from the northern extremity of Big
Rock Point to the southern extremity of Cornelius Island, and west
and south of a line extending from the northern extremity of
Cornelius Island, to a point 1000 feet north of Calf Neck. North
Kingstown
SB
RI0007027E-04A
Wickford
Harbor outer waters and Fishing Cove east of a line extending from
the northern extremity of Big Rock Point to the southern extremity
of Cornelius Island, and east and north of a line extending from
the northern extremity of Cornelius Island to a point 1000 feet
north of Calf Neck, and west of Sauga point breakwater and a line
from the light at the southern end of Sauga Point breakwater to
the northern end of the Poplar Point breakwater. North Kingstown
SA{b}
RI0007027R-02
Belleville
Upper Pond Inlet. North Kingstown
B
COLD
RI0007027L-02
Belleville
Ponds. North Kingstown
B
WARM
RI0007027L-04
Kettle
Hole Pond. North Kingstown
B
RI0007027R-04
Kettle
Hole Pond to Secret Lake and tributaries. North Kingstown
B
RI0007027L-03
Secret
Lake. North Kingstown
B
WARM
RI0007027R-07
Oak
Hill Brook. North Kingstown
B
RI0007027R-01
Annaquatucket
River and tributaries. North Kingstown
B
WARM
RI0007027L-01
Annaquatucket
Mill Pond. North Kingstown
B
RI0007027E-02A
Bissel
Cove waters west of a line from the RIDEM Range marker on the
north shore of Bissel Cove in the vicinity of “The
Homestead", to the range marker on the southern shore of
Bissel Cove. North Kingstown
SA
RI0007027E-02B
Bissel
Cove waters east of a line from the RIDEM Range marker on the
north shore of Bissel Cove in the vicinity of ‘The
Homestead", to the range marker on the southern shore of
Bissel Cove. North Kingstown
SA
RI0007027R-09
Wannuchecomecut
Brook and tributaries. North Kingstown
A
WARM
RI0007027E-03H
West
Passage waters within a 700 foot radius of the extension Of South
Ferry Road at the URI Bay Campus, including the EPA dock located
north of South Ferry Road and the GSO dock located south of South
Ferry Road. Narragansett
SB
RI0007027R-08
Great
Creek freshwater portion from headwaters to estuarine portion in
Round Swamp. Jamestown
A
RI0007027E-03I
West
Passage waters off Jamestown in the vicinity of West Ferry/Dutch
Island Harbor, from a point on the shore of the western coast of
Jamestown which is due east of the Dutch Island pier, to the Fort
Getty Pier on Beaverhead Point, to a point at the southern
terminus of Maple Avenue. Jamestown
SA{b}
RI0007027E-07
Wesquage
Pond. Narragansett
SA
RI0007027E-03J
West
Passage waters south of a line from the eastern extremity of Sandy
Point on Potowomut Neck, East Greenwich, to the flagpole located
at the Warwick Country club on Warwick Neck; south of a line from
the southernmost extremity of Warwick Point on Warwick Neck, to
the northernmost point on Prudence Island (Providence Point);
north of a line extending from the shore in the vicinity of High
Bank Ave, North Kingstown, running due east through buoy N”6”
and terminating at the shoreline of Prudence Island. Warwick, East
Greenwich, North Kingstown, Portsmouth.
SA
RI0007027E-03K
Fox
Hill Pond in its entirety. Jamestown
SA
RI0007027E-03L
Sheffield
Cove waters in Jamestown south of a line from the range marker
located at the western extension of Maple Avenue to the range
marker located at the northernmost point of land on the opposite
western shore at the entrance to the cove. Jamestown.
SA
RI0007027E-06
Jenny
Pond, Prudence Island. Portsmouth
SA
RI0007027R-18
Unnamed
Tributary #2 to Allen's Harbor. North Kingstown
B
RI0007027R-22
Unnamed
Tributaries to Wesquage Pond. Narragansett
A
10. Bristol Harbor Subbasin,
Waterbody ID number RI0007026
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007026E-01B
Bristol
Harbor waters west of a line from range marker located on Pole #20
Popasquash Rd. at the northernmost indentation of Bristol Harbor
to the RIDEM range marker located at the northernmost extremity of
Hog Island and north of a line from the CRMC Permitted Dock #419
located at 163 Poppasquash Rd to the most north-western corner of
the Rockwell Pier municipal parking lot in Bristol Harbor. Bristol
SA{b}
RI0007026E-01A
Bristol
Harbor waters north of a line extending from Popasquash Point to
the northernmost extremity of Hog Island and west of a line from
the northernmost extremity of Hog Island to the northernmost
indentation of the harbor and south of a line from the CRMC
Permitted Dock #419 located at 163 Poppasquash Rd to the most
north-western corner of the Rockwell Pier municipal parking lot in
Bristol Harbor. Bristol
SA
RI0007026E-01C
Bristol
Harbor waters east of a line extending from the northernmost
indentation of Bristol Harbor to the northeast extremity of Hog
Island and west of a line extending from McKee's Warf on Bristol
Neck to the Coast Guard dock and north of a line extending from
the northeast extremity of Hog Island to Mckee's Wharf on Bristol
Neck. Bristol
SB
RI0007026E-01D
Bristol
Harbor waters east of a line extending from McKee's Wharf north to
the Coast Guard dock. Bristol
SB1
RI0007026R-01
Silver
Creek. Bristol
B
WARM
RI0007026R-02
Walker
Creek and tributary. Bristol
B
RI0007026E-02
Mill
Pond. Bristol
SB
11. East Passage Narragansett
Bay Subbasin, Waterbody ID number RI0007029
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007029E-01A
East
Passage waters south of a line extending from the southernmost tip
of Gull Point, Prudence Island, to the southernmost tip of
Popasquash Point, Bristol, to the northern tip of Hog Island, to
McKee’s Wharf on Bristol Neck; west of a line across the
mouth of Mt Hope Bay; south of a line from the southern point on
Prudence Island to the northernmost point on Jamestown; north of a
line from the southernmost point of Beavertail on Jamestown to the
southernmost tip of Brenton Point, Newport; exclusive of the East
Passage waters, Coasters Harbor and Coddington Cove waters
(RI0007029E-01D, RI0007029E-01N, RI0007029E-01C, RI0007029E-01B,
RI0007029E-01E, RI0007029E-01F, RI0007029E-01G, RI0007029E-01H,
RI0007029E-01I, RI0007029E-01J, RI0007029E-01K, RI0007029E-01L,
RI0007029E-01M, RI0007029E-01O, RI0007030E-01A, RI0007030E-01B,
RI0007030E-01C, and RI0007030E-01D) . Portsmouth, Middletown,
Newport, Jamestown.
SA
RI0007029R-05
Mill
Creek. Prudence Island, Portsmouth.
A
COLD
RI0007029E-03
Potter
Cove. Prudence Island, Portsmouth
SA{b}
RI0007029E-04
Nag
Pond. Prudence Island, Portsmouth
SA
RI0007029R-02
Barker
Brook. Portsmouth
A
WARM
RI0007029R-03
Bloody
Brook. Portsmouth
A
WARM
RI0007029L-01
Melville
Ponds. Portsmouth
A
RI0007029R-04
Melville
Ponds tributary. Portsmouth
A
WARM
RI0007029R-08
Unnamed
tributary #1 to East Passage. Portsmouth
A
WARM
RI0007029E-01D
East
Passage waters east of a line drawn from Coggeshall Point
southwesterly to the southeastern most point of Dyer Island and
the area east of a line drawn from Carr Point northwesterly to the
southeastern most point of Dyer Island. Portsmouth
SB1
RI0007029R-01B
Mother
of Hope Brook from Redwood Road, Portsmouth, to East Passage,
Narragansett Bay. Portsmouth.
B1
WARM
RI0007029R-01A
Mother
of Hope Brook from the headwaters south of Greene Lane,
Middletown, to Redwood Road, Portsmouth. Middletown, Portsmouth
B
WARM
RI0007029E-01N*
East
Passage waters south of a line from the RIDEM range marker located
just south of Carr Point to Buoy "GR C" located at Fiske
Rock, and north and east of a line from the RIDEM range marker
located approximately 2,300 feet north of the former Blue Gold
Pier, to Nun Buoy "22". Portsmouth, Middletown
SA
RI0007029R-09
Unnamed
tributary #2 to East Passage. Middletown
A
WARM
RI0007029R-10
Unnamed
tributary #3 to East Passage. Middletown
A
WARM
RI0007029E-01C
East
Passage waters in the vicinity of McAlister Point. Middletown
SA
RI0007029E-01B*
East
Passage waters east of a line from range marker painted on the
shoreline approximately 500 feet west of the monument flagpole
located in Fort Adams State Park to the Rose Island light, east of
a line from the Rose Island light to Navy buoy W or "D"
located at the southeast side of Gould Island, east of a line from
Navy buoy W or "D" off Gould Island to buoy GR C at
Fiske Rock, south of a line from buoy GR C at Fiske Rock to the
eastern (landward) end of the former dock site located
approximately 800 feet north of Greene Lane, Middletown, and west
of the Newport Harbor/Coddington Cove SB and SB1 waters described
in waterbody ID's RI0007030E-01A, RI0007030E-01B, RI0007030E-01C,
and RI0007030E-01D. Newport, Middletown
SA
RI0007029E-01E
East
Passage waters within 500 feet of the firing pier at the U.S. Navy
torpedo testing station at the northern end of Gould Island.
Jamestown
SB
RI0007029E-01F
East
Passage waters in the vicinity of Taylor Point which are within a
300 foot radius of the Jamestown WWTF outfall. Jamestown
SB1
RI0007029E-01G
East
Passage waters in the vicinity of Taylor Point, exclusive of those
waters described directly above, south of a line extending from
the northernmost extremity of Taylor Point to Can Buoy 13, north
of a line from a point of land on the Jamestown shore
approximately 1000 feet south of the Newport Bridge extending
eastward to the northernmost extremity of Rose Island and within
1000 feet of the shoreline of Jamestown. Jamestown
SB
RI0007029E-01H
East
Passage waters in the vicinity of East Ferry, Jamestown, and west
of a line from Bryer Point to Lincoln Street. Jamestown
SB
RI0007029E-01I
East
Passage waters in the vicinity of Wharton's Shipyard which are
south and west of a line from a point of land approximately 3000
feet north of Bull Point to the northernmost of "The
Dumplings", and west of a line from the northernmost of "The
Dumplings" to a point of land approximately 1000 feet north
of Bull Point. Jamestown
SB
RI0007029E-01J
East
Passage waters bound on the north by a line extending 1000 feet
seaward from shore at the base of the Newport Bridge; bound to the
east by a line extending 1000 feet seaward of the shoreline and
bound to the south by a line extending from Bull Point to buoy
G"11", excluding the Class SB waters described in
RI0007029E-01H and RI0007029E-01I. Jamestown
SA{b}
RI0007029E-01K
East
Passage waters in the vicinity of the Fort Wetherill Boat Basin
that are west of the extension of a line from the southeast corner
of the pier at Forth Wetherill, through the northeast corner of
the pier at Fort Wetherill to the opposite northern shore.
Jamestown
SB
RI0007029E-01L
Castle
Hill Cove. Newport
SB
RI0007029E-01M*
East
Passage waters in the vicinity of Taylor Point and East Ferry,
Jamestown, south of a line from the northern most tip of Taylor
Point to buoy R14 located off Coasters Harbor in Newport; west of
a line from buoy N2 located at the south end of Gould Island
through buoy C13, to the House on the rocks located in "The
Dumplings"; east of a line from the northernmost tip of
Taylor Point to Bull Point which is 1000 feet seaward of the
shoreline exclusive of the SB and SA{b} waters described in
waterbody ID's: RI0007029E-01K, RI0007029E-01J, RI0007029E-01I,
RI0007029E-01H, RI0007029E-01G, and RI0007029E-01F. Jamestown
SA
RI0007029E-02
Mackerel
Cove. Jamestown
SA
RI0007029E-01O
East
Passage waters south of a line from the northern tip of Prudence
Island to the southernmost tip of Popasquash Point, Bristol; north
of a line extending from the southernmost tip of Popasquash Point
to the southernmost tip of Gull Point, Prudence Island.
Portsmouth, Bristol
SA
12. Newport Harbor/Coddington
Cove Subbasin, Waterbody ID number RI0007030
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007030E-01A
Coddington
Cove waters north of a line from buoy (FLR) bell 14 to Bishop Rock
and southeast of a line from buoy (FLR) bell 14 through Nun buoy
16 at Coddington point and its extension to the end of the
Coddington Cove breakwater. Newport, Middletown
SB
RI0007030E-01B
Newport
Harbor waters in the vicinity of Bishop Rock which are within 500
feet of the Newport marine sewer outfall. Newport
SB1
RI0007030E-01C
Newport
Harbor waters east of a line from Fort Adams light to Rose Island
light, to buoy (FLR) bell 14 and south of a line from buoy (FLR)
bell 14 to Bishop Rock, excluding Coaster's Harbor
(RI0007030E-01D) and the inner Newport Harbor waters
(RI0007030E-01E). Newport
SB
RI0007030E-01D
Coaster's
Harbor waters east of a line from Bishop Rock to the northernmost
point of Coaster's Harbor Island and north of the Training Station
Road bridge. Newport
SB
RI0007030R-01
Unnamed
tributary to Newport Harbor. Newport
B
WARM
RI0007030E-01E
Newport
Harbor waters east and south of a line from the southernmost point
of Coaster’s Harbor Island to the northern most point of
Goat’s Island, then from the southwestern most point of
Goat’s Island to the northern most of Fort Adams. Newport
SB
13. Jamestown Water Supply
Subbasin, Waterbody ID number RI0007036
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007036L-01@
North
Carr Pond. Jamestown
AA
RI0007036L-02@
South
Watson Pond. Jamestown
AA
RI0007036R-01
Jamestown
Brook. Jamestown
AA
WARM
14. Aquidneck Water Supply
Tributaries Subbasin, Waterbody ID number RI0007035
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007035L-05@
Saint
Mary's Pond. Portsmouth
AA
WARM
RI0007035L-10
Sisson
Pond. Portsmouth
AA
WARM
RI0007035R-06
Sisson
Pond Brook. Portsmouth
AA
WARM
RI0007035R-07
Unnamed
tributary to Lawton Valley Reservoir. Portsmouth
AA
WARM
RI0007035L-06@
Lawton
Valley Reservoir. Portsmouth
AA
WARM
RI0007035R-04
Lawton
Brook. Portsmouth
A
WARM
RI0007035R-01
Bailey's
Brook and tributaries. Middletown
AA
WARM
RI0007035L-03@
North
Easton Pond (Green End Pond). Middletown, Newport
AA
WARM
RI0007035R-05
Tributaries
to South Easton Pond. Middletown
AA
WARM
RI0007035L-04@
South
Easton Pond. Middletown, Newport
AA
WARM
RI0007035R-02A
Maidford
River from the headwaters to the water supply diversion near
Paradise Ct. Middletown
AA
WARM
RI0007035L-02@
Nelson
Paradise Pond. Middletown
AA
WARM
RI0007035R-03
Paradise
Brook. Middletown
AA
WARM
RI0007035L-01@
Gardiner
Pond. Middletown
AA
WARM
RI0007035R-02B
Maidford
River from the water supply diversion near Paradise Ct. to Hanging
Rock Rd., Middletown.
AA
WARM
RI0007035L-07@
Watson
Reservoir. Little Compton
AA
WARM
RI0007035L-08@
Nonquit
Pond. Tiverton
AA
WARM
RI0007035E-01
Maidford
River from Hanging Rock Rd to Third Beach. Middletown
SA
15. Warren Reservoir Subbasin,
Waterbody ID number RI0007034
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007034R-01
Upper
Kickemuit River from the Kickemuit (Warren) Reservoir north to the
RI-MA border. Warren
AA
RI0007034L-01@
Kickemuit
Reservoir (Warren Reservoir). Warren
AA
16. Kickemuit River Subbasin,
Waterbody ID number RI0007033
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007033E-01A
Kickemuit
River from the Child Street bridge (Route 103) in Warren, south to
the river mouth at "Bristol Narrows" excluding the
waters in RI0007033E-01B and RI0007033E-01C. Bristol, Warren
SA
RI0007033E-01B
Kickemuit
River south of a line from the eastern extension of Kickemuit
Avenue in Bristol to the DEM range marker located on the western
tip of Little Neck in Touisset, and north of a line from the DEM
range markers located on the east shore and west shore at the
entrance to the Kickemuit River including the "Bristol
Narrows" in its entirety. Bristol, Warren
SA{b}
RI0007033E-01C
Kickemuit
River west of a line from the DEM range marker located on the
western tip of Little Neck in Touisset to the brick stack located
at 426 Metacom Avenue in Warren (formally known as the Carol Cable
Building), north of a line from the eastern extension of Sherman
Avenue in Bristol to the western extension of Chase Avenue
Touisset, and south of a line from the eastern extension of Harris
Avenue in Warren to the "5 MPH No Wake" buoy. Bristol,
Warren
SA{b}
RI0007033R-01
Tributaries
to Kickemuit River. Warren
A
17. Mt. Hope Bay Subbasin,
Waterbody ID number RI0007032
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007032E-01D
Mt.
Hope Bay waters south and west of the MA-RI border and north of a
line from Borden's Wharf, Tiverton to buoy R "4" and
east of a line from buoy R "4" to Brayton Point in
Somerset, MA. Bristol, Portsmouth and Tiverton.
SB1
RI0007032E-01C
Mt.
Hope Bay waters south of a line from Borden's Wharf, Tiverton, to
buoy R "4" and west of a line from buoy R "4"
to Brayton Point, Somerset, MA., and east of a line from the end
of Gardiner's Neck Road in Swansea to buoy N "2",
through buoy C “3” to Common Fence Point, Portsmouth,
and north of a line from Portsmouth to Tiverton at the railroad
bridge at "The Hummocks" on the northeast point of
Portsmouth. Portsmouth
SB
RI0007032E-01A*
Mt.
Hope Bay south and west of the MA/RI border, and east of a line
from Touisset Point to the channel marker buoy R "4" and
south and east of a line from buoy R "4" to the
southernmost landward end of Bristol Point and south of a line
from Bristol Point to the Hog Island shoal light, to the
southwestern extremity of Arnold Point in Portsmouth where a RIDEM
range marker has been established; and west of a line from the end
of Gardiner's Neck Road, Swansea to buoy N"2", through
buoy C”3” to Common Fence Point, Portsmouth excluding
the waters defined in RI0007032E-01E. Warren, Portsmouth
SA
RI0007032R-06
Unnamed
tributary #5 to Mt. Hope Bay. Portsmouth
A
WARM
RI0007032R-07
Unnamed
tributary #6 to Mt. Hope Bay. Portsmouth
A
WARM
RI0007032R-08
Unnamed
tributary #7 to Mt. Hope Bay. Portsmouth
A
WARM
RI0007032E-01B
Mt.
Hope Bay waters north and west of a line from the southernmost
landward end of Bristol Point to buoy R "4" and west of
a line from buoy R "4" to the DEM range marker on
Touisset Point, and south of the Bristol Narrows. Bristol, Warren
SA
RI0007032E-01E
Waters
approximately 85 feet off the Weyerhauser Dock as defined by the
following geographical coordinates:-71.265042 west longitude
41.625144 north latitude;-71.265032 west longitude 41.627148 north
latitude;-71.264225 west longitude 41.627147 north
latitude;-71.264177 west longitude 41.625455 north latitude.
Portsmouth
SB
RI0007032R-01
Founders
Brook. Portsmouth
A
WARM
18. Stafford Pond Subbasin,
Waterbody ID number RI0007037
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0007037L-01@
Stafford
Pond. Tiverton
AA
WARM
RI0007037R-01
Sucker
Brook. Tiverton
A
WARM
RI0007037R-03
Unnamed
tributary #1 to South Watuppa Pond, MA. Tiverton
A
L. Pawcatuck River Basin,
Waterbody ID number RI0008
1. Pawcatuck River &
Tributaries Subbasin, Waterbody ID number RI0008039
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0008039L-21
The
Reservoir. Exeter
A
WARM
RI0008039R-06D
Chipuxet
River headwaters to the entrance of The Reservoir. Exeter
A
COLD
RI0008039R-06A
Chipuxet
River from the outlet of The Reservoir to the entrance of Yawgoo
Mill Pond. North Kingstown, Exeter
A
WARM
RI0008039L-16
Yawgoo
Mill Pond. Exeter
A
RI0008039R-06B
Chipuxet
River and tributaries from outlet of Yawgoo Mill Pond to the
entrance of Hundred Acre Pond. Exeter, South Kingstown
B
COLD
RI0008039L-13
Hundred
Acre Pond. South Kingstown
B
WARM
RI0008039R-06C
Chipuxet
River from outlet of Hundred Acre Pond to the entrance into Worden
Pond, excluding Thirty Acre Pond. South Kingstown
B
WARM
RI0008039L-12
Thirty
Acre Pond. South Kingstown
B
WARM
RI0008039L-07
Worden
Pond. South Kingstown
B
WARM
RI0008039R-27A
White
Horn Brook headwaters to Route 138. South Kingstown
A
WARM
RI0008039R-08
Genessee
Brook and tributaries. South Kingstown
B
WARM
RI0008039R-27B
White
Horn Brook and tributaries from Route 138 to the wetlands
associated with and due east of, Worden Pond. South Kingstown
B
WARM
RI0008039L-11
Larkin
Pond. South Kingstown
B
WARM
RI0008039R-15
Mink
Brook. South Kingstown
B
RI0008039L-08
Tucker
Pond. South Kingstown
B
WARM
RI0008039R-01
Alewife
Brook. South Kingstown
B
RI0008039R-18A
Pawcatuck
River from Warden Pond to the dam at Kenyon. South Kingstown,
Charlestown
B
WARM
RI0008039R-05A
Chickasheen
Brook headwaters to Yawgoo Pond. Exeter
A
WARM
RI0008039L-15
Yawgoo
Pond. Exeter, South Kingstown
A
WARM
RI0008039R-39
Mud
Brook. Exeter, South Kingstown
B
RI0008039L-14
Barber
Pond. South Kingstown
B
WARM
RI0008039R-05B
Chickasheen
Brook and tributaries from the Yawgoo Pond outlet to the
confluence with the Usquepaug river. South Kingstown, Richmond
B
COLD
RI0008039R-21A
Queens
River from headwaters south to its entrance into Bear Swamp in
Exeter. West Greenwich, Exeter
A
COLD
RI0008039R-21B
Queens
River from its entrance into Bear Swamp to its confluence with
Queens Fort Brook. Exeter
A
COLD
RI0008039R-29
Pendock
River. West Greenwich, Exeter
A
RI0008039R-07
Fisherville
Brook and tributaries. West Greenwich, Exeter
A
COLD
RI0008039R-30
Dutemple
Brook. Exeter
A
COLD
RI0008039R-22
Sodom
Brook. Exeter
A
COLD
RI0008039L-25
Dawley
Pond. Exeter
A
RI0008039R-31A
Queens
Fort Brook headwaters to 3/4 mile south of Victory Highway (Route
102). Exeter
A
COLD
RI0008039R-33
Reuben
Brown Brook. Exeter
A
COLD
RI0008039R-31B
Queens
Fort Brook from 3/4 mile south of Victory Highway (Route 102) to
the confluence with the Queens River. Exeter.
B
COLD
RI0008039R-21C
Queens
River and tributaries from its confluence with Queens Fort Brook
to Glen Rock Reservoir. Exeter
A
COLD
RI0008039R-10
Locke
Brook and tributaries. Exeter
B
COLD
RI0008039R-32
Rake
Factory Brook. Exeter, South Kingstown
B
COLD
RI0008039R-34
Sherman
Brook. Exeter, South Kingstown
B
COLD
RI0008039R-09
Glen
Rock Brook and tributaries. Richmond, South Kingstown
B
COLD
RI0008039L-19
Glen
Rock Reservoir. South Kingstown
B
COLD
RI0008039R-25
Usquepaug
River from Glen Rock Reservoir to the confluence with the
Pawcatuck River. Richmond, Charlestown, South Kingstown
B
COLD
RI0008039R-18B
Pawcatuck
River and tributaries from the dam at Kenyon to the beginning of
the Carolina Mill Pond in Carolina. Richmond, Charlestown
B1
WARM
RI0008039L-20
James
Pond. Exeter
A
RI0008039R-03
Beaver
River and tributaries. Exeter, Richmond
A
COLD
RI0008039L-06
Pasquiset
Pond. Charlestown
A
WARM
RI0008039R-17
Pasquiset
Brook. Charlestown
A
COLD
RI0008039L-22
Maple
Lake. Charlestown
A
RI0008039R-18C
Pawcatuck
River and tributaries from the entrance to the Carolina Mill Pond
to the Bradford Dyeing Associates WWTF discharge point. Richmond,
Charlestown, Hopkinton, Westerly
B
WARM
RI0008039L-23
Grass
Pond. Richmond
A
RI0008039R-23
Taney
Brook. Richmond
B
COLD
RI0008039R-26
White
Brook. Richmond
B
COLD
RI0008039R-13
Meadow
Brook and tributaries from the headwaters to the confluence with
the Pawcatuck River. Richmond
A
COLD
RI0008039L-05
Meadowbrook
Pond (Sandy Pond). Richmond
A
COLD
RI0008039L-24
Saw
Mill Pond. Charlestown
B
RI0008039R-04
Cedar
Swamp Brook and tributaries. Charlestown
B
WARM
RI0008039R-19
Perry
Healy Brook and tributaries. Westerly, Charlestown
B
COLD
RI0008039L-02
Watchaug
Pond. Charlestown
B
WARM
RI0008039R-20
Poquiant
Brook and tributaries. Charlestown
B
WARM
RI0008039R-24
Tomaquag
Brook and tributaries. Hopkinton
A
COLD
RI0008039R-18D
Pawcatuck
River from the Bradford Dyeing Associates WWTF discharge point to
the Route 3 bridge crossing. Hopkinton, Westerly
B1
WARM
RI0008039R-12
McGowan
Brook. Westerly
B
RI0008039L-01
Chapman
Pond. Westerly
B
WARM
RI0008039R-35
Aguntaug
Brook. Westerly
B
WARM
RI0008039R-14
Mile
Brook. Hopkinton
B
RI0008039R-38
Wine
Brook. Hopkinton
A
COLD
RI0008039R-37
Parmenter
Brook and tributaries. Hopkinton
A
COLD
RI0008039R-02A
Ashaway
River headwaters including tributaries, south to the Ashaway Road
highway bridge. Hopkinton
A
COLD
RI0008039R-02B
Ashaway
River and tributaries from the Ashaway Road highway bridge to its
confluence with the Pawcatuck River. Hopkinton
B
COLD
RI0008039R-18E
Pawcatuck
River and tributaries from the Route 3 bridge crossing to the
Route 1 highway bridge at the junction of Main Street and Broad
Street in Westerly. Westerly
B
COLD
RI0008039R-11
Mastuxet
Brook and tributaries. Westerly
B
COLD
RI0008039R-41
Spring
Brook and Tributaries. Westerly
B
2. Wood River &
Tributaries Subbasin, Waterbody ID number RI0008040
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0008040R-20
White
Brook. West Greenwich
A
RI0008040R-02
Breakheart
Brook and tributaries. West Greenwich, Exeter
A
COLD
RI0008040R-21
Unnamed
tributary to Breakheart Pond. Exeter
A
COLD
RI0008040L-15
Breakheart
Pond. West Greenwich, Exeter
A
WARM
RI0008040R-01
Acid
Factory Brook and tributaries. West Greenwich
A
COLD
RI0008040L-16
Eisenhower
Lake. West Greenwich
A
WARM
RI0008040R-19
Factory
Brook. West Greenwich
A
COLD
RI0008040R-14
Phillips
Brook and tributaries. West Greenwich
A
COLD
RI0008040R-08
Flat
River. West Greenwich, Exeter
A
COLD
RI0008040L-19
Tillinghast
Pond. West Greenwich
A
WARM
RI0008040R-05
Coney
Brook and tributaries. West Greenwich
A
COLD
RI0008040L-18
Wickaboxet
Pond. West Greenwich
A
RI0008040R-10
Kelley
Brook. West Greenwich
A
COLD
RI0008040L-21
Hazard
Pond. West Greenwich
A
RI0008040R-07
Falls
River and tributaries. West Greenwich, Exeter
A
COLD
RI0008040R-16A
Wood
River and tributaries from the headwaters starting at confluence
of Flat and Falls Rivers, to the confluence with Roaring Brook.
Exeter, Hopkinton, Richmond.
A
COLD
RI0008040L-17
Tippencansett
Pond. West Greenwich
A
WARM
RI0008040R-13
Parris
Brook and tributaries. West Greenwich, Exeter
A
COLD
RI0008040L-12
Deep
Pond. Exeter
A
RI0008040R-17
Woody
Hill Brook and tributaries. Exeter
A
WARM
RI0008040L-14
Boone
Lake. Exeter
B
WARM
RI0008040R-15
Roaring
Brook. West Greenwich, Exeter, Richmond
B
COLD
RI0008040L-13
Browning
Mill Pond (Arcadia Pond). Exeter, Richmond
B
WARM
RI0008040L-22
Frying
Pan Pond. Richmond, Hopkinton
B
RI0008040R-16B
Wood
River from confluence with Roaring Brook to the inlet of Wyoming
Pond. Richmond, Hopkinton
B
COLD
RI0008040R-18
Baker
Brook. Richmond
B
COLD
RI0008040R-22
Moonshine
Creek. Richmond
B
RI0008040L-23
Canob
Pond. Richmond
B
RI0008040R-23
Canob
Brook. Richmond
B
RI0008040L-11
Wyoming
Pond. Hopkinton
B
WARM
RI0008040R-16C
Wood
River and tributaries from the outlet of Wyoming Pond to the inlet
of Alton Pond. Richmond, Hopkinton
B
COLD
RI0008040L-07@
Yawgoog
pond. Hopkinton
AA
WARM
RI0008040L-06
Wincheck
Pond. Hopkinton
B
WARM
RI0008040L-08
Grassy
Pond. Hopkinton
A
RI0008040R-09
Grassy
Brook and tributaries. Hopkinton
A
RI0008040R-12
Moscow
Brook and tributaries. Hopkinton
B
WARM
RI0008040R-11
Log
House Brook. Hopkinton
B
RI0008040L-09
Moscow
Pond. Hopkinton
B
WARM
RI0008040R-03A
Brushy
Brook headwaters including tributaries to Sawmill Road. Exeter,
Hopkinton
A
COLD
RI0008040R-03B
Brushy
Brook from Sawmill Road to the entrance of Locustville Pond.
Hopkinton
B
RI0008040L-10
Locustville
Pond. Hopkinton
B
WARM
RI0008040R-03C
Brushy
Brook from the outlet of Locustville Pond to the confluence with
the Wood River. Hopkinton
B
COLD
RI0008040R-06
Diamond
Brook and tributaries. Richmond
B
COLD
RI0008040L-02
Carolina
Trout Pond. Richmond
A
COLD
RI0008040L-05
Ell
Pond. Hopkinton
B
RI0008040L-20
Long
Pond. Hopkinton
B
RI0008040R-24
Glade
Brook. Hopkinton
A
RI0008040R-04A
Canonchet
Brook headwaters including tributaries, excluding all ponds, to
Route 3 in Hopkinton. Hopkinton
B
COLD
RI0008040L-04
Ashville
Pond. Hopkinton
B
WARM
RI0008040R-04B
Canonchet
Brook from Route 3 in Hopkinton to the confluence with the Wood
River. Hopkinton
B
COLD
RI0008040R-25
Unnamed
tributary to the Wood River below Alton Pond. Hopkinton
B
COLD
RI0008040R-16D
Wood
River and tributaries from the Alton Pond dam to the confluence
with the Pawcatuck River. Richmond, Hopkinton, Charlestown
B
WARM
RI0008040L-01
Alton
Pond. Hopkinton
B
WARM
3. Tidal Pawcatuck
River/Little Narragansett Bay Subbasin, Waterbody ID number RI0008038
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0008038E-01A
Tidal
Pawcatuck River from Route 1 highway bridge to Pawcatuck Rock.
Westerly
SB1
RI0008038E-01B
Tidal
Pawcatuck River from Pawcatuck Rock to a line from Rhodes Point,
RI to Pawcatuck Point, CT. Westerly
SB
RI0008038E-02A
Waters
of Little Narragansett Bay within the State of Rhode Island which
are north and east of Sandy Point to the state line; and northeast
of a line from the RIDEM pole (41° 19’ 17” North,
Longitude -71°52’47” West) near the southeastern
extremity of Sandy Point to a RIDEM pole (Latitude 41°18’37”
North, Longitude -71°52’39” West) on the northern
shoreline of Napatree Point; and north of a line from the
northernmost extension of land that forms Napatree Point to the
westernmost point of land on the south side of the mouth of
Fosters Cove; and west of a line extending from Pawcatuck Point in
Connecticut to Rhodes Point in Rhode Island., Westerly
SA
RI0008038E-02B
Little
Narragansett Bay including Watch Hill Cove and the waters of “The
Kitchen”, southeast of a line from the northernmost
extension of land that forms Napatree Point to the westernmost
point of land on the south side of the mouth of Fosters Cove.
Westerly
SA{b}
M. Westport River Basin,
Waterbody ID number RI0009
1. Adamsville Brook &
Tributaries Subbasin, Waterbody ID number RI0009041
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0009041R-01
Adamsville
Brook and tributaries. Tiverton, Little Compton
B
COLD
N. Coastal Waters, Waterbody
ID number RI0010
1. Southwest Coastal Ponds
Subbasin, Waterbody ID number RI001043
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0010043E-03
Maschaug
Pond. Westerly
SA
RI0010043L-18
Little
Maschaug Pond. Westerly
A
RI0010043E-09
Winnapaug
Pond. Westerly
SA
RI0010043E-07
Quonochontaug
Pond. Charlestown, Westerly
SA
RI0010043R-05
Quonochontaug
Brook. Westerly
A
COLD
RI0010043E-04A
Ninigret
Pond waters excluding the easternmost waters described in
RI0010043E-04B. Charlestown
SA
RI0010043E-04B
Ninigret
Pond waters east of a line from the southern landward end of the
CRMC Permitted Dock ID# 1647 located at 2 Pequot Drive to the
southwest tip of Heather Island, and then from the southwest tip
of Heather Islandto the DEM Range marker located at the end of
Florence Avenue. Charlestown
SA
RI0010043L-16
Garden
Pond. Charlestown
A
RI0010043L-17
West
Pond. Charlestown
A
RI0010043L-09
Schoolhouse
Pond. Charlestown
A
WARM
RI0010043L-08
Deep
Pond. Charlestown
A
WARM
RI0010043L-11
King
Tom Pond. Charlestown
A
RI0010043L-04
Cross
Mills Pond. Charlestown
A
RI0010043R-01
Cross
Mills Stream and tributaries. Charlestown
A
WARM
RI0010043L-15
Perry
Pond. Charlestown
A
RI0010043E-02
Green
Hill Pond. South Kingstown and Charlestown
SA
RI0010043L-14
Bull
Head Pond. South Kingstown
A
RI0010043L-03
Factory
Pond. South Kingstown
A
RI0010043R-02
Factory
Pond Stream and tributaries. South Kingstown
A
COLD
RI0010043R-04
Teal
Pond Stream. South Kingstown
A
COLD
RI0010043E-08
Trustom
Pond. South Kingstown
SA
RI0010043L-13
Mill
Pond. South Kingstown
A
RI0010043R-03
Mill
Pond to Card Pond. South Kingstown
A
COLD
RI0010043E-01
Cards
Pond. South Kingstown
SA
RI0010043E-05
Potter
Pond. South Kingstown
SA
RI0010043L-12
Fresh
Pond. South Kingstown
A
RI0010043L-05
White
Pond. South Kingstown
A
RI0010043L-07
Long
Pond. South Kingstown
A
RI0010043L-01
Hothouse
Pond. South Kingstown
A
RI0010043L-02
Cedar
Swamp Pond. South Kingstown
A
RI0010043L-06
Wash
Pond. South Kingstown
A
RI0010043E-06A
Point
Judith Pond waters exclusive of those described in RI0010043E-06B,
RI00140043E-06C, RI0010043E-06D, RI0010043E-06E, RI0010043E-06F,
RI0010043E-06G, RI0010043E-06H, RI0010043E-06I, RI0010043E-06J,
and RI0010043E-06K. Narragansett, South Kingstown
SA
RI0010043E-06B
Upper
Point Judith Pond from the mouth of the Saugatucket River at
Warner Avenue, downstream to Can Buoy 33. Narragansett, South
Kingstown
SB
RI0010043E-06C
Upper
Point Judith Pond, south of Can Buoy 33 and north and east of a
line from Buttonwood Point to the southern extremity of Cummock
Island, to the flagpole at the northwest extremity of Betty Hull
Point, excluding the marina area described in RI0010043E-06D.
Narragansett, South Kingstown
SA
RI0010043E-06D
Point
Judith Pond waters in the vicinity of Billington Cove Marina as
shown on the plan entitled "Billington Cove Marina: Marina
Perimeter Plan", dated August 1994 by Coastal Engineering
Group, Inc., east of a line from the western edge of the rip-rap
retaining wall, 221 feet seaward, and west of a line from the
flagpole, 280 feet seaward, and north of the line that connects
these two lines. South Kingstown
SA{b}
RI0010043E-06E
Point
Judith Pond waters in the vicinity of Galilee within 500 feet of
the shore from the northern end at the breachway to the western
side of the Great Island Road Bridge. Narragansett
SB
RI0010043E-06F
Point
Judith Pond waters in the vicinity of Jerusalem within 500 feet of
the shore from the breachway to a point approximately 1000 feet
north of the State Pier. South Kingston
SB
RI0010043E-06G
Point
Judith Pond waters in the vicinity of Snug harbor within 500 feet
of shore from Gooseberry Road to High Point. South Kingstown
SB
RI0010043E-06H
Point
Judith Pond waters in the channel to Potter Pond east of a line
across the western end of the Potter Pond entrance channel located
approximately 500 feet west of Succotash Road and west of a line
from a point of land on the northern shore of the channel
approximately 700 feet east of Succotash Road to a point of land
on the southern shore of the channel, exclusive of the waters
noted in RI0010043E-06I, RI0010043E-06J, and RI0010043E-06K. South
Kingstown
SA
RI0010043E-06I
Point
Judith Pond waters in the channel to Potter Pond in the vicinity
of the Captain Jacks and Kenport marinas as shown on the plans
entitled "Captain Jacks Marina: Marina Site Plan for Jack
Piemonte", approved by CRMC on November 15, 1994; and "Marina
Perimeter limit for Kenport Marina" approved by CRMC on April
28, 1994. South Kingstown
SB
RI0010043E-06J
Point
Judith Pond waters in the channel to Potter Pond east of a line
from a point of land on the northern shore of the channel
approximately 700 feet east of Succotash Road to a point of land
on the southern shore of the channel; and west of a line across
the mouth of the channel from Gooseberry Road due south to
Succotash Road including the waters of Succotash Salt Marsh. South
Kingstown
SA
RI0010043E-06K
Point
Judith Pond waters in the vicinity of Champlin's Cove, north of a
line from the westernmost extension of Delray Drive to the
easternmost extension of Flint Stone Road, located on Harbor
Island. Narragansett
SA
RI0010043R-06
Browns
Brook. South Kingstown
A
COLD
RI0010043R-07
Smelt
Brook and tributaries. South Kingstown
A
COLD
2. Saugatucket River &
Tributaries Subbasin, Waterbody ID number RI0010045
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0010045R-05A
Saugatucket
River headwaters to the Rose Hill Landfill property. South
Kingstown
B
COLD
RI0010045L-04
Indian
Lake. South Kingstown
B
WARM
RI0010045R-01
Fresh
Meadow Brook & tributaries. South Kingstown
B
COLD
RI0010045R-03A
Mitchell
Brook headwaters to the Rose Hill Landfill property. South
Kingstown
B
COLD
RI0010045R-03B
Mitchell
Brook from the Rose Hill Landfill to the confluence with the
Saugatucket River. South Kingstown
B
COLD
RI0010045R-05B
Saugatucket
River and tributaries from the Rose Hill Landfill property to
Saugatucket Pond in Wakefield. South Kingstown
B
WARM
RI0010045L-01
Saugatucket
Pond. South Kingstown
B
WARM
RI0010045R-02
Indian
Run Brook and tributaries. South Kingstown
B
WARM
RI0010045L-02
Asa
Pond. South Kingstown
B
WARM
RI0010045L-03
Peace
Dale Reservoir. South Kingstown
B
WARM
RI0010045R-04
Rocky
Brook and tributaries. South Kingstown
B
WARM
RI0010045R-05C
Saugatucket
River from below Saugatucket Pond to the Main Street Dam in
Wakefield . South Kingstown
SB
RI0010045L-05
Silver
Lake. South Kingstown
B
RI0010045E-01
Saugatucket
River from the main Street Dam in Wakefield to the Route 1
overpass. South Kingstown
SB
RI0010045R-07
Tributary
to Saugatucket Pond. South Kingstown
B
3. Coastal Shoreline Subbasin,
Waterbody ID number RI0010042
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0010042C-01
Coastal
Waters off the southwestern shoreline from Watch Hill, Westerly to
Point Judith, Narragansett extending seaward to 10 meters in
depth.
SA
RI0010042C-02
Coastal
Waters from Brenton Point, Newport; along the Newport/ Middletown
shoreline to Sachuest Point inclusive of Beavertail, Jamestown
SA
RI0010042C-03
Coastal
Waters from Sakonnet Point, Little Compton and along the
southeastern shoreline to the RI/MA border extending seaward to 10
meters in depth.
SA
RI0010042E-01A
Coastal
Waters in the vicinity of Tucker's Dock which are within a 500
foot radius of the South Kingstown/Narragansett Regional
Wastewater Treatment Facility outfall. Narragansett
SB1
RI0010042E-01B
Coastal
Waters in the vicinity of Tucker's Dock, exclusive of those waters
described above, within 2500 feet of any point on the shoreline
between Continental Road and Hazard Avenue. Narragansett
SB
RI0010042E-01C*
Coastal
Waters in the vicinity of Tucker's Dock, exclusive of those
described above, within 4000 feet of the marine WWTF discharge.
Narragansett
SA
RI0010042E-02A
Coastal
Waters in the vicinity of Scarborough within 500 feet of the
Narragansett-Scarborough WWTF outfall located approximately 2000
feet from a point of land at the northern boundary of Fort
Nathaniel Greene. Narragansett
SB1
RI0010042E-02B
Coastal
Waters in the vicinity of Scarborough that are more than 500 feet
but less than 1500 feet away from the WWTF outfall located
approximately 2000 feet from a point of land at the northern
boundary of Fort Nathaniel Greene. Narragansett
SB
RI0010042E-02C*
Coastal
Waters in the vicinity of Scarborough, exclusive of those waters
described above, which are within 5600 feet of the WWTF outfall.
Narragansett
SA
RI0010042E-03
Lake
Canochet/Little Neck Pond. Narragansett
SA
RI0010042M-01
Waters
off the southwestern shoreline greater than 10 meters in depth to
three miles offshore from Watch Hill, Westerly to Point Judith,
Narragansett
SA
RI0010042M-02
Waters
extending up the coast from Point Judith, Narragansett to a point
just north of Pettaquamscutt (Narrow) River near Cormorant Point
to Sakonnet Point, Little Compton excluding the waters described
in RI0010042E-01A, RI0010042E-01B, RI0010042E-01C, RI0010042E-02A,
RI0010042E-02B, RI0010042E-02C, and RI0010042C-02.
SA
RI0010042M-03
Waters
off the southeastern shoreline greater than 10 meters in depth to
three miles offshore from Sakonnet Point, Little Compton and along
the southeastern shoreline to the RI/MA border
SA
RI0010042R-01
Deadman
Brook and tributaries. Narragansett
A
4. Tributaries to
Pettaquamscutt River Subbasin, Waterbody ID number RI0010044
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0010044L-02
Silver
Spring Lake. North Kingstown
B
WARM
RI0010044R-02
Mattatuxet
River and tributaries. North Kingstown
B
WARM
RI0010044R-04
Unnamed
tributary to Carr Pond. North Kingstown
B
WARM
RI0010044L-03
Carr
Pond. North Kingstown
B
WARM
RI0010044R-01
Gilbert
Stuart Stream. North Kingstown
A
RI0010044E-01A
Pettaquamscutt
(Narrow) River exclusive of the waters noted in RI0010044E-01B,
from the headwaters at the end of Gilbert Stuart Stream to the
mouth of the river including Pettaquamscutt Cove. North Kingstown,
South Kingstown, Narragansett
SA
RI0010044E-01B
Pettaquamscutt
(Narrow) River waters in the vicinity of the marina at Middle
Bridge. Narragansett
SA{b}
RI0010044R-03
Crooked
Brook. Narragansett
A
WARM
RI0010044R-11
Sprague
Brook. Narragansett
A
WARM
RI0010044L-04
Sprague
Pond. Narragansett
A
WARM
RI0010044R-10
Mumford
Brook. South Kingstown, Narragansett
A
RI0010044R-05
Unnamed
Tributary #1 to Pettaquamscutt River. North Kingstown
A
5. Coastal Aquidneck Subbasin,
Waterbody ID number RI0010047
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0010047L-02
Lily
Pond. Newport
A
WARM
RI0010047R-03
Tributaries
to Almy Pond. Newport
A
WARM
RI0010047L-01
Almy
Pond. Newport
A
WARM
RI0010047R-01
Unnamed
tributary #1. Newport
A
WARM
RI0010047R-02
Unnamed
tributary #2. Newport
A
WARM
6. Sakonnet River Subbasin,
Waterbody ID number RI0010031
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0010031E-01C
Sakonnet
River from the railroad bridge at the Hummock Point south to the
Stone Bridge on Almy Neck in Portsmouth and its extension from the
Tiverton shore. Portsmouth, Tiverton
SB
RI0010031R-19
Tributaries
to The Cove, Island Park. Portsmouth
A
WARM
RI0010031E-03A
The
Cove, Island Park north of a line from the southern end of Hummock
Point to the RIDEM range marker located at the eastern extremity
of a point of land on the western shore of The Cove. Portsmouth
SA
RI0010031E-03B
The
Cove, Island Park south of a line from the southern end of Hummock
Point to the RIDEM Range marker located at the eastern extremity
of a point of land on the western shore of The Cove. Portsmouth
SA
RI0010031E-01B
Sakonnet
River waters from the Stone Bridge in Portsmouth/Tiverton south to
a line at the mouth of the river extending from Sachuest Point in
Middletown to Sakonnet Point in Little Compton, excluding the
Portsmouth Park area described in RI0010031E-01A, and the Sakonnet
Point marina area described in RI0010031E-01D. Portsmouth,
Middletown, Tiverton, Little Compton
SA
RI0010031R-07
Unnamed
tributary #1 to Sakonnet River. Portsmouth
A
WARM
RI0010031R-08
Unnamed
tributary #2 to Sakonnet River. Portsmouth
A
WARM
RI0010031R-09
Unnamed
tributary #3 to Sakonnet River. Portsmouth
A
WARM
RI0010031R-10
Unnamed
tributary #4 to Sakonnet River. Portsmouth
A
WARM
RI0010031R-11
Unnamed
tributary #5 to Sakonnet River. Portsmouth
A
WARM
RI0010031R-12
Unnamed
tributary #6 to Sakonnet River. Portsmouth
A
WARM
RI0010031E-01A
Sakonnet
River waters in the vicinity of Portsmouth Park north of a line
extending from the southwestern most corner of the Stone Bridge in
Tiverton to the easternmost extension of Morningside Lane in
Portsmouth. Portsmouth, Tiverton
SA
RI0010031E-01D
Sakonnet
River south of a line from the light at the end of the Sakonnet
breakwater to the point of land at the end of Goodrich Lane,
Little Compton, on the eastern shore of the harbor. Little Compton
SA{b}
RI0010031L-01
Creamer
Pond. Tiverton
A
RI0010031R-05A
Sin
& Flesh Brook from headwaters to Fish Street. Tiverton
B1
WARM
RI0010031R-05B
Sin
& Flesh Brook from Fish Street to main Road (Route 77).
Tiverton
B
WARM
RI0010031E-02A
Nannaquaket
Pond east of a line extending from the northwesternmost point of
Nannaquaket Neck to the Rhode Island Department of Environmental
Management Range Marker and west to the easternmost side of the
Nannaquaket Bridge. Tiverton
SB
RI0010031E-02B
Nannaquaket
Pond south and east of the Nannaquaket Bridge, excluding the
waters noted immediately below. Tiverton
SA
RI0010031E-02C
Nannaquaket
Pond waters of the area called "The Gut", located at the
north end of Nannaquaket Pond, north of the northern side of Route
77 (Main Road). Tiverton
SA
RI0010031R-06
White
Wine Brook. Tiverton
A
RI0010031R-01
Borden
Brook and tributaries. Tiverton
AA
WARM
RI0010031R-04
Quaker
Creek. Tiverton
AA
RI0010031E-04
Sapowet
Creek and tributaries. Tiverton
SA
RI0010031R-03
Pachet
Brook. Little Compton, Tiverton
AA
WARM
RI0010031R-02
Little
Creek. Portsmouth, Middletown
B
WARM
RI0010031R-16
Unnamed
Tributary #10 to Sakonnet River. Little Compton
A
RI0010031R-21
Tributaries
to Watson Reservoir. Little Compton
AA
7. Southeast Coastal Ponds
Subbasin, Waterbody ID number RI0010048
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0010048L-02
Round
Pond. Little Compton
A
RI0010048L-01
Long
Pond. Little Compton
A
RI0010048R-02
Dundery
Brook. Little Compton
B
WARM
RI0010048E-01
Briggs
Marsh Pond. Little Compton
SA
RI0010048R-04
Sisson
Brook. Little Compton
A
WARM
RI0010048L-04
Tunipus
Pond. Little Compton
A
RI0010048R-01
Cold
Brook and tributaries. Little Compton
A
COLD
RI0010048L-03
Simmons
Pond. Little Compton
A
WARM
RI0010048E-02
Quicksand
Pond. Little Compton
SA
RI0010048R-03
Tributaries
East of Cold Brook. Little Compton
A
COLD
RI0010048R-05
Unnamed
Tributary to Tunipus Pond. Little Compton
A
RI0010048R-06
Unnamed
Tributary #1. Little Compton
A
RI0010048R-08
Tributaries
to Briggs Marsh Pond. Little Compton
A
8. Block Island Waters
Subbasin, Waterbody ID number RI0010046
Waterbody
ID Number
Waterbody
Description
Classification
and Partial Use
Fishery
Designation
RI0010046C-01
Coastal
Waters off the shoreline of Block Island extending seaward to 10
meters in depth exclusive of the waters in RI0010046E-02A,
RI0010046E-02B, RI0010046E-02C, and RI0010046E-02D.
SA
RI0010046L-03
Sachem
Pond. New Shoreham
A
RI0010046L-04
Middle
Pond. New Shoreham
A
RI0010046E-01A
Great
Salt Pond north of a line from the northern most extremity of
Cormorant Point to the northern most landward dock located at the
Block Island Club. New Shoreham
SA
RI0010046E-01B
Great
Salt Pond south of a line from the northern most extremity of
Cormorant Point to the northern most landward dock located at the
Block Island Club excluding the waters described in waterbody ID#s
RI0010046E-01C and RI0010046E-01D. New Shoreham
SA{b}
RI0010046E-01C
Great
Salt Pond, Trim’s Pond and Harbor Pond New Shoreham
SA{b}
RI0010046E-01D
Great
Salt Pond waters south of a line from the end of Payne’s
Dock to the end of Block Island Marina dock. New Shoreham
SA{b}
RI0010046E-02A
Block
Island Waters in the vicinity of Pebbly Beach, within a 500 foot
radius of the New Shoreham marine sewer outfall. New Shoreham
SB1
RI0010046E-02B
Block
Island Waters in the vicinity of Pebbly Beach exclusive of the
waters described in RI0010046E-02A, which are within 1000 feet of
the New Shoreham marine sewer outfall to a point 1000 feet south
of the marine sewer outfall. New Shoreham
SB
RI0010046E-02C
Block
Island Waters in the vicinity of Old Harbor west of a line from
the fixed red light at the end of the northern breakwater to the
seaward end of the southern breakwater. New Shoreham
SB
RI0010046E-02D*
Block
Island Waters along the eastern coast exclusive of the waters
described in RI0010046E-02A, RI0010046E-02B, and RI0010046E-02C,
which are within 5,900 feet of the New Shoreham marine sewer
outfall. Block Island
SA
RI0010046L-02@
Fresh
Pond. New Shoreham
AA
RI0010046L-01@
Sands
Pond. New Shoreham
AA
RI0010046M-01
Waters
greater than 10 meters in depth to three miles offshore off the
shoreline of Block Island exclusive of the waters in
RI0010046E-02A, RI0010046E-02B, RI0010046E-02C, and
RI0010046E-02D.
SA
Rhode
Island Sound. Block Island Sound.
.
SA
1.26 RIDEM Ambient Water Quality
Criteria and Guidelines for Toxic Pollutants
A. General - Section 304(a)(1)
of the Clean Water Act, 33 U.S.C. § 1314, requires the USEPA to
develop and publish water quality criteria. The USEPA has published
criteria for a number of the pollutants listed pursuant to Section
307(a)(1) of the Clean Water Act, 33 U.S.C. § 1317, as well as
for other toxic substances, based on available toxicological
information on the pollutants. Section 303(c)(2)(B) of the Clean
Water Act, 33 U.S.C. § 1313, requires States to adopt numeric
criteria to protect the uses of their waters from all toxic
pollutants listed pursuant to Section 307(a)(1) (33 U.S.C. §
1317) for which criteria have been published pursuant to Section
304(a)(1) (33 U.S.C. § 1314), and which are present, or could
reasonably be expected to be present, at levels that would impair the
uses. A complete list of “priority pollutants” is
contained in 40 C.F.R. § 423, incorporated above in §
1.3(G) of this Part. § 1.26 of this Part contains the ambient
chemical-specific numeric criteria and guidelines for aquatic life
and human health which satisfies the requirements of Section
303(c)(2)(B) (33 U.S.C. § 1313). Certain criteria in the table
have been modified and approved by EPA in accordance with applicable
EPA guidance.
B. § 1.26(J) of this Part
contains the acute and chronic aquatic life criteria and minimum data
base guidelines for freshwater and saltwater and two sets of human
health criteria.
1. The first column of human
health criteria represents criteria applicable to waters where the
designated route of exposure is due to consumption of drinking water
and aquatic organisms.
2. The second column under
human health represents criteria applicable to waters where the
designated route of exposure is due only to consumption of aquatic
organisms.
C. For parameters which have
both aquatic life and human health criteria or guidelines, the
applicable criteria or guideline is determined by using the more
stringent of the aquatic life or human health criteria or guidelines,
according to the use of the waterbody.
D. Aquatic Life Criteria - The
aquatic life criteria in § 1.26(J) of this Part represents the
EPA water quality criteria for the protection of aquatic life,
pursuant to Section 304(a) of the Clean Water Act, 33 U.S.C. §
1314, for acute and chronic exposure to toxics in freshwater and
saltwater. These toxics are priority metals, organics, pesticides,
PCBs, and cyanide.
1. To protect aquatic life,
the one hour average concentration of a pollutant should not exceed
the acute criteria more than once every three years on the average.
a. An exclusion to this rule
are the pesticides and PCBs acute criteria which are considered
instantaneous values (§§ 1.26(J)(1) of this Part 1.26(J) of
this Part).
2. The four day average
concentration of a pollutant should not exceed the chronic criteria
more than once every three years on the average.
3. These aquatic life criteria
shall be achieved in all waters, except mixing zones, regardless of
the waters' classification.
4. The acute and chronic
aquatic life criteria for freshwaters shall not be exceeded at or
above the lowest average 7 consecutive day low flow with an average
recurrence frequency of once in 10 years (7Q10).
5. For non-flowing
freshwaters, the acute and chronic aquatic life criteria shall not be
exceed under the most adverse conditions which will be determined on
a case-by case basis.
6. The acute and chronic
aquatic life criteria for seawater shall not be exceeded beyond the
boundary of the mixing zone(s), as defined and determined by §§
1.10(B)(5) and 1.10(B)(6) of this Part, and thence throughout the
waterbody.
a. If a mixing zone has not
been established, these criteria shall not be exceeded in any portion
of the receiving water.
7. For purposes of calculating
freshwater aquatic life criteria for metals from the equations in §
1.26(M) of this Part, the ambient hardness values shall be used, and
shall be consistent with the design flow conditions established by §
1.10 of this Part.
8. For waters in which the
salinity is equal to or less than one part per thousand, the
applicable criteria are the freshwater criteria.
9. For waters in which the
salinity is equal to or greater than ten parts per thousand, the
applicable criteria are the saltwater criteria.
10. For waters in which the
salinity is between one and ten parts per thousand (brackish), the
applicable criteria are the more stringent of the freshwater or
saltwater criteria. However, for those waters between one and ten
parts per thousand (brackish), the Department may deviate from the
general rule if scientifically defensible information and data
demonstrates that on a site-specific basis the biology of the
waterbody is dominated by freshwater aquatic life and that freshwater
criteria are more appropriate; or conversely, the biology of the
waterbody is dominated by saltwater aquatic life and that saltwater
criteria are more appropriate.
11. The acute and chronic
freshwater criteria for 10 metals and the acute and chronic saltwater
criteria for 11 metals listed in § 1.26(J) of this Part are
presented as dissolved metal criteria (see #5 and #6 §
1.26(J)(1) of this Part). For these metals, the dissolved metal, as
opposed to the total recoverable metal, more closely approximates the
bioavailable fraction of the metal in the water column.
E. Human Health Criteria - The
human health criteria in § 1.26(J) of this Part represent the
highest concentration of a pollutant in surface waters that is not
expected to pose a significant risk to human health as determined by
EPA. For almost all of the pollutants, bioaccumulation properties are
used to assess the relative extent of human exposure to the pollutant
either directly through ingestion or indirectly through consumption
of aquatic organisms. These criteria represent the chronic criteria
necessary to protect human health.
1. Ambient water quality
criteria for human health are primarily based on two types of
biological endpoints:
a. Carcinogenicity and;
b. Toxicity (i.e., all other
adverse effects other than cancer).
2. There are essentially two
procedures for assessing health effects; one which addresses
carcinogens and one which addresses non-carcinogens. The reason for
having two methodologies is that, for the purpose of deriving ambient
water quality criteria, carcinogenicity is regarded as a
non-threshold phenomenon, whereas toxicity is regarded as having a
threshold below which there will not be an effect.
a. For those toxic substances
which are identified as carcinogens, the criteria have been
established at a risk level of 10-5 assuming a lifetime exposure to a
70 kg male consuming 17.5 grams per day of fish and shellfish product
and ingesting 2.0 liters of water per day.
b. For those toxic substances
which are identified as non-carcinogens, the human health criteria
are best estimates of concentrations which are not expected to
produce adverse effects in human health assuming a lifetime exposure
of a 70 kg male consuming 17.5 grams per day of fish and shellfish
products and ingesting 2.0 liters of water per day.
3. The concentration of these
pollutants should not exceed criteria under stream conditions that
represent long-term average conditions.
a. The stream design flow to
be used to implement both carcinogen and noncarcinogen human health
criteria is the harmonic mean flow which is a long term mean flow
value calculated by dividing the number of daily flows analyzed by
the sum of the reciprocals of those daily flows.
b. For non-flowing
freshwaters, the human health criteria shall not be exceed under the
most adverse conditions which will be determined on a case-by case
basis.
4. For seawaters, the ambient
human health water quality criteria for carcinogens and
non-carcinogens are applicable when the most adverse hydrographic and
pollution conditions occur at the particular point of evaluation.
F. Ammonia Criteria –
The criteria presented in § 1.26 (L) of this Part represent the
ammonia criteria for aquatic life use.
1. Averaging Periods and
Frequency of Exceedances
a. Chronic criteria - The
ambient concentration, averaged over a period of 30 days, shall not
exceed the chronic criterion more than once every three years on
average. The highest four-day average ambient concentration should
not exceed a concentration 2.5 times greater than the chronic
criterion.
b. Acute – The ambient
concentrations, averaged over one hour shall not exceed the acute
criterion more than once every three years on average.
2. Early Life Stage Absent
(ELS-Absent) Provision
a. This provision allows for a
relaxation of the chronic criteria when early life stages (ELS) of
fish are not present, since at low ambient water temperatures, adult
and juvenile fish are less sensitive to ammonia toxicity than are
early life stages of fish. As ambient water temperature decreases, it
is appropriate to relax the ammonia chronic criterion in waterbodies
where it is determined, to the Director’s satisfaction, that
early life stages are not present. The chronic criteria applicable
when ELS are absent are found in § 1.26(L)(1)(c) of this Part.
b. The Director has determined
that the ELS-Absent Provision applies to:
(1) The entire Blackstone
River during the period November 1 to April 30.
(2) The main stem of the
Pawtuxet River during the period November 1 to April 30.
(3) The Woonasquatucket River
from Georgiaville Pond to the confluence with the Mosshasuck River
during the period November 1 to April 30.
G. Site Specific Criteria
1. Criteria, 40 C.F.R. §
131.11(b)(1)(ii) provides States with the opportunity to adopt water
quality criteria that are modified to reflect local environmental
conditions. Certain criteria are developed as site specific criteria
in accordance with State and EPA procedures and guidance.
a. Aquatic life criteria may
be subject to site-specific modification procedures. Aquatic life
guidelines may be modified following the procedures outlined in §
1.26(H) of this Part.
(1) Aquatic life site specific
criteria modification procedures are based on EPA's "Interim
Guidance on Determination and Use of Water Effect Ratios for Metals,
EPA-823-B-94-001, February 1994, and subsequent site specific
criteria modification guidance documents published in a memo from
Jeanette Wiltse, Director of EPA’s Health and Ecological
Criteria Division on December 3, 1997; and EPA’s Streamlined
Water Effect Ration Procedure for Discharges of Copper,
EPA-822-R-01-005, March 2001.
b. Human health criteria are
subject to site-specific criteria development utilizing the
methodology in EPA guidance. Human health guidelines may be modified
utilizing the methodology in the EPA guidance manual, "Assessing
Human Health Risk from Chemically-Contaminated Fish and Shellfish"
(EPA - 503/8-89-002), incoporated in § 1.3 of this Part, and the
methodology published in the Federal Register on November 28, 1980
(45 FR 79347) entitled "Water Quality Criteria Documents;
Availability, Appendix C - Guidelines and Methodology used in
Preparation of Health Effect Assessment Chapters of the Consent
Decree Water Criteria Documents," incorporated above in §
1.3(E) of this Part
2. Water Effect Ratios (WERs)
were developed for 5 metals; cadmium, copper, lead, silver and zinc
for portions of the Pawtuxet River (§ 1.26(M) of this Part)
using total recoverable metals. The WERs are then used to derive
acute site specific criteria for the State’s aquatic life
criteria as indicated in § 1.26(M) of this Part. Chronic site
specific criteria are then calculated using the derived acute site
specific criteria, as indicated in § 1.26(M) of this Part.
a. The resulting acute and
chronic site specific criteria are as total recoverable metals. The
conversion factors noted in § 1.26(J)(3) and § 1.26(K) of
this Part cannot be applied to the site specific criteria.
b. The WERs and resulting site
specific criteria apply only to the segments of the Pawtuxet River
classified as B1 (§ 1.25 of this Part)
c. The WERs were developed
using the procedures outlined in § 1.29 of this Part and EPA’s
“Interim Guidance on Determination and Use of Water Effect
Ratios for Metals” (EPA 823-B-94-001).
3. Site specific dissolved
copper criteria have been adopted for the Blackstone River, Ten Mile
River (including run-of-the-river impoundments Slater Park Pond,
Turner Reservoir North and South, and Omega Pond), and the
Woonasquatucket River from the Smithfield WWTF discharge to the mouth
of the river (§ 1.26(J) of this Part).
H. Freshwater Minimum Data
Base Guidelines - RIDEM has derived freshwater guidelines for many
pollutants for which EPA water quality criteria are not available. In
order for guidelines to be derived, the toxicity data base for the
pollutants must meet minimum requirements. These guidelines are given
in § 1.26(J) of this Part and are marked with an asterisk (*),
which is in § 1.26(J)(1) of this Part. The data base must
contain at least two acute toxicity test results expressed as
either an EC50 or an LC50. The two acute toxicity test results shall
consist of:
1. One daphnid ( D. magna
or D. pulex )
2. One fish, either:
a. fathead minnow ( Pimephales
promelas )
b. bluegill ( Lepomis
macrochirus )
c. rainbow trout ( Salmo
gairdneri )
3. For every pollutant which
meets these minimum data requirements, acute and chronic guidelines
are derived using the following equations:
a. The uncertainty factor,
0.05, is intended to provide an adequate margin of safety to protect
most aquatic organisms from acutely toxic effects.
b. The acute guideline is
divided by an acute to chronic ratio of 45 to yield the chronic
guideline.
I. Priority Pollutants Without
Criteria or Guidelines - Any pollutant listed on the most recent EPA
priority pollutant list published in accordance with Section
307(a)(1) of the Clean Water Act, 33 U.S.C. § 1317 (listed in
126 Priority Pollutants, 40 C.F.R. § 423, incorporated above in
§ 1.3(G) of this Part) or additional criteria EPA has
established for non-priority pollutants, for which there is no RIDEM
ambient water quality criteria or guideline, shall be regulated
in accordance with §§ 1.8(D)(2) and (3) of this Part.
J. Table of Acute and Chronic
Aquatic Life Criteria and Minimum Database Guidelines for Freshwater
and Saltwater and Human Health Criteria
1. Priority Pollutant: Toxic
Metals and Cyanide
CHEMICAL
NAME
CAS
Number
AQUATIC
LIFE CRITERIA (µg/l)
CARCINOGEN
HUMAN
HEALTH CRITERIA (µg/l) 2
FRESHWATER
SALTWATER
For
Consumption of:
ACUTE
CHRONIC
ACUTE
CHRONIC
Water
and Aquatic Organisms
Aquatic
Organisms Only
Antimony
7440360
450*
10*
-
-
No
5.6
640
Arsenic 5,6
7440382
340
150
69
36
Yes
0.18
1.4
Asbestos
1332214
-
-
-
-
Yes
7x106
fibers/l
Beryllium
7440417
7.5*
0.17*
-
-
Yes
-
-
Cadmium
5,6
7440439
@
@
40
8.8
No
-
-
Chromium
III 5
1606583
@
@
-
-
No
-
-
Chromium
VI 5,6
18540299
16
11
1100
50
No
-
-
Copper
5,6
7440508
@
@
4.8
3.1
No
1300
-
Copper
(Site Specific) 7
7440508
20.41
14.45
-
-
No
1300
-
Cyanide
57125
22
5.2
1.0
1.0
No
140
140
Lead
5,6
7439921
@
@
210
8.1
No
-
-
Mercury
5,6
7439976
1.4
0.77
1.8
0.94
No
0.14
0.15
Nickel
5,6
7440020
@
@
74
8.2
No
610
4600
Selenium
6
7782492
20
5
290
71
No
170
4200
Silver
5,6
7440224
@
-
1.9
-
No
-
-
Thallium
7440280
46*
1.0*
-
-
No
0.24
0.47
Zinc
5,6
7440666
@
@
90
81
No
7400
26000
2. Priority Pollutant:
Volatile Organic Compounds
CHEMICAL
NAME
CAS
Number
AQUATIC
LIFE CRITERIA (µg/l)
CARCINOGEN?
HUMAN
HEALTH CRITERIA (µg/l) 2
For
Consumption of:
FRESHWATER
SALTWATER
Water
and Aquatic Organisms
Aquatic
Organisms Only
ACUTE
CHRONIC
ACUTE
CHRONIC
Acrolein
107028
2.9*
0.06*
-
-
No
190
290
Acrylonitrile
107131
378*
8.4*
-
-
Yes
0.51
2.5
Benzene
71432
265*
5.9*
-
-
Yes
22
510
Bromoform
75252
1465*
33*
-
-
Yes
43
1400
Carbon
Tetrachloride
56235
1365*
30*
-
-
Yes
2.3
16
Chlorobenzene
108907
795*
18*
-
-
No
130
1600
Chlorodibromomethane
124481
4.0
130
Chloroform
67663
1445*
32*
-
-
Yes
57
4700
Dichlorobromomethane
75274
-
-
-
-
Yes
5.5
170
1,2-Dichloroethane
107062
5900*
131*
-
-
Yes
3.8
370
1,1-Dichloroethylene
75354
580*
13*
-
-
Yes
330
7100
1,2-Dichloropropane
78875
2625*
58*
-
-
Yes
5.0
150
1,3-Dichloropropene
542756
-
-
-
-
No
0.34
21
Ethylbenzene
100414
1600*
36*
-
-
No
530
2100
Methyl
bromide
74839
-
-
-
-
No
47
1500
Methyl
chloride
74873
-
-
-
-
Yes
-
-
Methylene
chloride
75092
9650*
214*
-
-
Yes
46
5900
1,1,2,2-tetrachloroethane
79345
466*
10*
-
-
Yes
1.7
40
Tetrachloroethylene
127184
240*
5.3*
-
-
Yes
6.9
33
Toluene
108883
635*
14*
-
-
No
1300
15
mg/l
1,2-trans-dichloroethylene
156605
-
-
-
-
No
140
10
mg/l
1,1,1-trichloroethane
71556
-
-
-
-
No
-
-
1,1,2-trichloroethane
79005
900*
20*
-
-
Yes
5.9
160
Trichloroethylene
79016
1950*
43*
-
-
Yes
25
300
Vinyl
chloride
75014
-
-
-
-
Yes
0.025
2.4
3. Priority Pollutants: Acid
Organic Compounds
CHEMICAL
NAME
CAS
Number
AQUATIC
LIFE CRITERIA (µg/l)
CARCINOGEN?
HUMAN
HEALTH CRITERIA (µg/l) 2
For
Consumption of:
FRESHWATER
SALTWATER
Water
and Aquatic Organisms
Aquatic
Organisms Only
ACUTE
CHRONIC
ACUTE
CHRONIC
2-chlorophenol
95578
129*
2.9*
-
-
No
81
150
2,4-dichlorophenol
120832
101*
2.2*
-
-
No
77
290
2,4-dimethylphenol
105679
106*
2.4*
-
-
No
380
850
2-methyl-4,6-dinitrophenol
534521
13
280
2,4-dinitrophenol
51285
31*
0.69*
-
-
No
69
5300
4-nitrophenol
88755
-
-
-
-
-
-
Pentachlorophenol
87865
@
@
13
7.9
Yes
2.7
30
Phenol
108952
251*
5.6*
-
-
No
21
mg/l
1700
mg/l
2,4,6-trichlorophenol
88062
16*
0.36*
-
-
Yes
14
24
4. Priority Pollutants: Base
Neutral Compounds
CHEMICAL
NAME
CAS
Number
AQUATIC
LIFE CRITERIA (µg/l)
CARCINOGEN?
HUMAN
HEALTH CRITERIA (µg/l) 2
For
Consumption of:
FRESHWATER
SALTWATER
Water
and Aquatic Organisms
Aquatic
Organisms Only
ACUTE
CHRONIC
ACUTE
CHRONIC
Acenapthene
83329
85*
1.9*
-
-
No
670
990
Anthracene
120127
-
-
-
-
No
8300
40
mg/l
Benzidine
92875
-
-
-
-
Yes
0.86
ng/l
2.0
ng/l
Polycyclic
Aromatic Hydrocarbons 4
-
-
-
-
Yes
0.038
0.18
Bis(2-Chloroethyl)ether
111444
-
-
-
-
Yes
0.30
5.3
Bis(2-Chloroisopropyl)ether
108601
-
-
-
-
No
1400
65
mg/l
Bis(2-Ethylhexyl)phthalate
117817
555*
12*
-
-
Yes
12
22
Butyl
Benzyl Phthalate
85687
85*
1.9*
No
1500
1900
2-Chloronaphthalene
91587
-
-
-
-
No
1000
1600
1,2-Dichlorobenzene
95501
79*
1.8*
-
-
No
420
1300
1,3-Dichlorobenzene
541731
390*
8.7*
-
-
No
320
960
1,4-Dichlorobenzene
106467
56*
1.2*
-
-
No
63
190
3,3’-Dichlorobenzidene
91941
-
-
-
-
Yes
0.21
0.28
Diethyl
Phthalate
84662
2605*
58*
-
-
No
17
mg/l
44
mg/l
Dimethyl
Phthalate
131113
1650*
37*
-
-
No
270
mg/l
1.1
g/l
Di-n-Butyl
Phthalate
84742
-
-
-
-
No
2000
4500
2,4-Dinitrotoluene
121142
1550*
34*
-
-
Yes
1.1
34
1,2-Diphenylhydrazine
122667
14*
0.31*
-
-
Yes
0.36
2.0
Fluoranthene
206440
199*
4.4*
-
-
No
130
140
Fluorene
86737
-
-
-
-
No
1100
5300
Hexachlorobenzene
118741
-
-
-
-
Yes
2.8
ng/l
2.9
ng/l
Hexachlorobutadiene
87683
-
-
-
-
Yes
4.4
180
Hexachlorocyclopentadiene
77474
0.35*
0.008*
-
-
No
40
1100
Hexachloroethane
67721
49*
1.1*
-
-
Yes
14
33
Isophorone
78591
5850*
130*
-
-
Yes
350
9600
Napthalene
91203
115*
2.6*
-
-
-
-
Nitrobenzene
98953
1350*
30*
-
-
No
17
690
N-Nitrosodimethylamine
62759
-
-
-
-
Yes
6.9
ng/l
30
N-Nitrosodi-N-Propylamine
621647
-
-
-
-
Yes
0.05
5.1
N-Nitrosodiphenylamine
86306
293*
6.5*
-
-
Yes
33
60
Pyrene
129000
-
-
-
-
No
830
4000
1,2,4-Trichlorobenzene
120821
75*
1.7*
-
-
35
70
5. Priority Pollutants:
Pesticides/PCBs
CHEMICAL
NAME
CAS
Number
AQUATIC
LIFE CRITERIA (µg/l)
CARCINOGEN?
HUMAN
HEALTH CRITERIA (µg/l) 2
For
Consumption of:
FRESHWATER
SALTWATER
Water
and Aquatic Organisms
Aquatic
Organisms Only
ACUTE
CHRONIC
ACUTE
CHRONIC
Aldrin
309002
3.0 $
-
1.3 $
-
Yes
0.49
ng/l
0.5
ng/l
alpha
BHC
319846
-
-
-
-
Yes
26
ng/l
49
ng/l
beta
BHC
319857
-
-
-
-
Yes
91
ng/l
170
ng/l
gamma
BHC (Lindane)
58899
0.95 $
0.16 $
-
Yes
0.98
1.8
Chlordane
57749
2.4 $
0.0043
0.09 $
0.004
Yes
8.0
ng/l
8.1
ng/l
4,4-DDT
50293
1.1 $
0.001
0.13 $
0.001
Yes
2.2
ng/l
2.2
ng/l
4,4-DDE
72559
-
-
-
-
Yes
2.2
ng/l
2.2
ng/l
4,4-DDD
72548
-
-
-
-
Yes
3.1
ng/l
3.1
ng/l
Dieldrin
60571
0.24
0.056
0.71 $
0.0019
Yes
0.52
ng/l
0.54
ng/l
Endosulfan
alpha
959988
0.22 $
0.056
0.034 $
0.0087
No
62
89
Endosulfan,
beta
33213659
0.22 $
0.056
0.034 $
0.0087
62
89
Endosulfan
(sulfate)
1031078
-
-
-
-
No
62
89
Endrin
72208
0.086 $
0.036
0.037 $
0.0023
No
0.059
0.06
Endrin
Aldehyde
7421934
-
-
-
-
No
0.29
0.30
Heptachlor
76448
0.52 $
0.0038
0.053 $
0.0036
Yes
0.79
ng/l
0.79
ng/l
Heptachlor
Epoxide
1024573
0.52 $
0.0038
0.053 $
0.0036
Yes
0.39
ng/l
0.39
ng/l
Polychlorinated
Biphenyls (PCBs) 3
1336363
-
0.014
-
0.03
Yes
0.64
ng/l
0.64
ng/l
2,3,7,8-TCDD
(Dioxin)
1746016
-
-
-
-
Yes
5
x 10 -8
5.1
x 10 -8
Toxaphene
8001352
0.73
0.0002
0.21
0.0002
Yes
2.8
ng/l
2.8
ng/l
Tributyltin
**
0.46
0.072
0.42
0.0074
No
-
-
6. Non Priority Pollutants:
Other Substances
CHEMICAL
NAME
CAS
Number
AQUATIC
LIFE CRITERIA (µg/l)
CARCINOGEN?
HUMAN
HEALTH CRITERIA (µg/l) 2
For
Consumption of:
FRESHWATER
SALTWATER
Water
and Aquatic Organisms
Aquatic
Organisms Only
ACUTE
CHRONIC
ACUTE
CHRONIC
Aluminum
7429905
750^
87^
-
-
-
-
Ammonia
7664417
#
#
#
#
No
-
-
4-Bromophenyl
Phenyl Ether
18*
0.4*
-
-
-
-
Chloride
16887006
860,000
230,000
Chlorine
7782505
19
11
13
7.5
4-Chloro-2-Methylphenol
15*
0.32*
-
-
-
-
1-Chloronaphthalene
80*
1.8*
-
-
-
-
4-Chlorophenol
106489
192*
4.3*
-
-
-
-
2,4-Dichloro-6-Methylphenol
22*
0.48*
-
-
-
-
1,1-Dichloropropane
1150*
26*
-
-
-
-
1,3-Dichloropropane
142289
303*
6.7*
-
-
-
-
2,3-Dinitrotoluene
17*
0.37*
-
-
-
-
2,4-Dinitro-6-Methyl
Phenol
12
0.26
-
-
-
-
Iron
7439896
1000
300
Pentachlorobenzene
608935
13*
0.28*
-
-
-
-
Pentachloroethane
362*
8.0*
-
-
-
-
1,2,3,5-Tetrachlorobenzene
321*
7.1*
-
-
-
-
1,1,1,2-Tetrachloroethane
630206
980*
22*
-
-
-
-
2,3,4,6-Tetrachlorophenol
58902
7*
0.16*
-
-
-
-
2,3,5,6-Tetrachlorophenol
8.5*
0.19*
-
-
-
-
2,4,5-Trichlorophenol
95954
23*
0.51*
-
-
-
-
2,4,6-Trinitrophenol
88062
4235
94
-
-
-
-
Xylene
1330207
133*
3.0*
-
-
7. Key for § 1.26(J) of
this Part
Symbol
Meaning
*
RIDEM
minimum database guidelines.
**
Only
data generated in toxicity and bioconcentration tests on TBTCl
(tributyltin chloride; CAS 1461-22-9), TBTF (tributyltin floride;
CAS 1983-10-4), TBTO [bis(tributyltin) oxide; CAS 56-35-9],
commonly called “tributyltin oxide” and
TBTS[bis(tributyltin) sulfide; CAS 4808-30-4], commonly called
“tributyltin sulfide” were used in the derivation of
the water quality criteria concentrations for aquatic life
presented herein. All concentrations from such tests are expressed
as TBT, not as tin and not as the chemical tested.
^
Freshwater
criteria for aluminum are for waters in which the pH is between
6.5 and 9
#
See
§ 1.26(L) of this Part for ammonia criteria
@
See
§ 1.26(K) of this Part for criteria equations
-
No
criteria recommendation.
$
The
aquatic life criteria for these compounds were issued in 1980
utilizing the 1980 Guidelines for criteria development. The acute
values shown are final acute values which, by the 1980 Guidelines,
are instantaneous values as contrasted with a Criteria Maximum
Concentration (CMC)which is a one-hour average.
1
Carcinogens
calculated at 10-5 risk
2
Criteria
are in µg/l unless otherwise noted: µg/l =
micrograms/liter, ng/l = nanograms/liter, mg/l = milligrams/liter
3
Polychlorinated
Biphenyl criteria apply to total PCBs (e.g. the sum of all cogener
or all isomer or homolog or Aroclor analyses.)
4
Polycyclic
Aromatic Hydrocarbons criteria apply to each of the following:
indeno(1,2,3-cd)pyrene (CAS Number 193395), dibenzo(ah)anthracene
(CAS Number 53703), benzo(a)anthracene (CAS Number 56553),
benzo(a)pyrene (CAS Number 50328), benzo(b)fluoranthene (CAS
Number 205992), benzo(k)fluoranthene (CAS Number 207089), chrysene
(CAS Number 218019)
5
Freshwater
aquatic life criteria values in § 1.26(J) of this Part for
the following parameters are presented as dissolved criteria using
the EPA recommended conversion factors (CF), as listed in §
1.26(J)(2) of this Part
6
Saltwater
aquatic life criteria values in § 1.26(J) of this Part for
the following parameters are presented as dissolved criteria using
the EPA recommended conversion factors, as listed in §
1.26(J)(3) of this Part
7
Site
specific criteria for dissolved copper apply for the following
waters: Blackstone River (RI0001003R-01A and RI0001003R-01B) From
the MA/RI border to the mouth of the river, Ten Mile River
(RI0004009R-01A and RI0004009R-01B) From the MA/RI border to the
mouth of the river including Slater Park Pond (included in Ten
Mile River (RI0004009R-01A), Turner Reservoir North
(RI0004009L-01A) and South (RI0004009L-01B), and Omega Pond
(RI0004009L-03). Woonasquatucket River (RI0002007R-10C and
RI0002007R-10D) From the Smithfield WWTF discharge to confluence
with Moshassuck River.
8. Table of EPA Recommended
Conversion Factors (CF)-Freshwater Values
Metal
Acute
CF
Chronic
CF
Arsenic
1.000
1.000
Cadmium
1.136672
- [(ln H) x 0.041838]
1.101672
- [(ln H) x 0.041838]
Chromium
III
0.316
0.86
Chromium
VI
0.982
0.962
Copper
0.96
0.96
Lead
1.46203
- [(ln H) x 0.145712]
1.46203
- [(ln H) x 0.145712]
Mercury
0.85
0.85
Nickel
0.998
0.997
Silver
0.85
(no
freshwater criteria)
Zinc
0.978
0.986
NOTE:
(ln H) = natural log of Hardness, using any hardness as
appropriate.
9. Table of EPA Recommended
Conversion Factors (CF)-Saltwater Values
Metal
Conversion
Factor
Arsenic
1
Cadmium
0.994
Chromium
III
(no
saltwater criteria)
Chromium
VI
0.993
Copper
0.83
Lead
0.951
Mercury
0.85
(see Note below)
Nickel
0.99
Selenium
0.998
Silver
0.85
Zinc
0.946
Note:
Conversion factors on this table were calculated for acute
criteria only. Conversion factors for chronic criteria are not
currently available. In the absence of chronic conversion factors
saltwater acute conversion factors are used. Chronic criteria for
mercury cannot be converted to dissolved because it is based on
mercury residues rather than toxicity.
K. Freshwater Criteria
Equations and Base e Exponential Values
Parameter
ACUTE
(µg/l)
CHRONIC
(µg/l)
CF
=
m a
=
b a
=
CF
=
m c
=
b c
=
Cadmium
@
1.0166
-3.924
@
0.7409
-
4.719
Chromium
III
0.316
0.8190
3.7256
0.86
0.819
0.6848
Copper
0.96
0.9422
-1.700
0.96
0.8545
-1.702
Lead
#
1.273
-1.46
#
1.273
-4.705
Nickel
0.998
0.846
2.255
0.997
0.846
0.0584
Silver
0.85
1.72
-6.52
-
-
-
Zinc
0.978
0.8473
0.884
0.986
0.8473
0.884
Pentachlorophenol*
-
1.005
-4.869
-
1.005
-5.134
1. Hardness values in §
1.26(K) of this Part are in mg/l as CaCO3
2. Key for § 1.26(K) of
this Part
Symbol
Meaning
*
substitute
pH for hardness in the equations for pentachlorophenol
-
no
recommended value
@
Cadmium
conversion Factors:
acute CF = 1.136673 - [(ln H) x
0.041838)]
chronic CF = 1.101672 - [(ln H) x 0.041838]
[ln
H]
natural
log of hardness
#
Lead
conversion factors
acute and chronic CF = 1.46203 -
[(ln H) x 0.145712]
NOTE:
When an ambient hardness of less than 25 mg/l is used to establish
for lead or cadmium, the hardness dependent Conversion Factor (CF)
should not exceed one.
L. Ammonia Criteria
1. Freshwater
a. Acute Criteria as Total
Ammonia Nitrogen (mg N/L)
pH
Acute
Criterion with
Salmonids
present
Acute
Criterion with
Salmonids
absent
6.5
32.6
48.8
6.6
31.3
46.8
6.7
29.8
44.6
6.8
28.1
42.0
6.9
26.2
39.1
7.0
24.1
36.1
7.1
22.0
32.8
7.2
19.7
29.5
7.3
17.5
26.2
7.4
15.4
23.0
7.5
13.3
19.9
7.6
11.4
17.0
7.7
9.65
14.4
7.8
8.11
12.1
7.9
6.77
10.1
8.0
5.62
8.40
8.1
4.64
6.95
8.2
3.83
5.72
8.3
3.15
4.71
8.4
2.59
3.88
8.5
2.14
3.20
8.6
1.77
2.65
8.7
1.47
2.20
8.8
1.23
1.84
8.9
1.04
1.56
9.0
0.885
1.32
b. Chronic Criteria for Fish
Early Life Stages Present, mg N/L
Temperature
and pH-Dependent Values of the Chronic Criterion for Fish Early
Life Stages Present
pH
Temperature,
C
0
14
16
18
20
22
24
26
28
30
6.5
6.67
6.67
6.06
5.33
4.68
4.12
3.62
3.18
2.80
2.46
6.6
6.57
6.57
5.97
5.25
4.61
4.05
3.56
3.13
2.75
2.42
6.7
6.44
6.44
5.86
5.15
4.52
3.98
3.50
3.07
2.70
2.37
6.8
6.29
6.29
5.72
5.03
4.42
3.89
3.42
3.00
2.64
2.32
6.9
6.12
6.12
5.56
4.89
4.30
3.78
3.32
2.92
2.57
2.25
7.0
5.91
5.91
5.37
4.72
4.15
3.65
3.21
2.82
2.48
2.18
7.1
5.67
5.67
5.15
4.53
3.98
3.50
3.08
2.70
2.38
2.09
7.2
5.39
5.39
4.90
4.31
3.78
3.33
2.92
2.57
2.26
1.99
7.3
5.08
5.08
4.61
4.06
3.57
3.13
2.76
2.42
2.13
1.87
7.4
4.73
4.73
4.30
3.78
3.32
2.92
2.57
2.26
1.98
1.74
7.5
4.36
4.36
3.97
3.49
3.06
2.69
2.37
2.08
1.83
1.61
7.6
3.98
3.98
3.61
3.18
2.79
2.45
2.16
1.90
1.67
1.47
7.7
3.58
3.58
3.25
2.86
2.51
2.21
1.94
1.71
1.50
1.32
7.8
3.18
3.18
2.89
2.54
2.23
1.96
1.73
1.52
1.33
1.17
7.9
2.80
2.80
2.54
2.24
1.96
1.73
1.52
1.33
1.17
1.03
8.0
2.43
2.43
2.21
1.94
1.71
1.50
1.32
1.16
1.02
0.897
8.1
2.10
2.10
1.91
1.68
1.47
1.29
1.14
1.00
0.879
0.773
8.2
1.79
1.79
1.63
1.43
1.26
1.11
0.973
0.855
0.752
0.661
8.3
1.52
1.52
1.39
1.22
1.07
0.941
0.827
0.727
0.639
0.562
8.4
1.29
1.29
1.17
1.03
0.906
0.796
0.700
0.615
0.541
0.475
8.5
1.09
1.09
0.990
0.870
0.765
0.672
0.591
0.520
0.457
0.401
8.6
0.920
0.920
0.836
0.735
0.646
0.568
0.499
0.439
0.386
0.339
8.7
0.778
0.778
0.707
0.622
0.547
0.480
0.422
0.371
0.326
0.287
8.8
0.661
0.661
0.601
0.528
0.464
0.408
0.359
0.315
0.277
0.244
8.9
0.565
0.565
0.513
0.451
0.397
0.349
0.306
0.269
0.237
0.208
9.0
0.486
0.486
0.442
0.389
0.342
0.300
0.264
0.232
0.204
0.179
c. Chronic Criteria for Fish
Early Life Stages Absent, mg N/L
Temperature
and pH-Dependent Values of the CCC (Chronic Criterion) for Fish
Early Life Stages Absent
pH
Temperature,
C
0-7
8
9
10
11
12
13
14
15*
16*
6.5
10.8
10.1
9.51
8.92
8.36
7.84
7.35
6.89
6.46
6.06
6.6
10.7
9.99
9.37
8.79
8.24
7.72
7.24
6.79
6.36
5.97
6.7
10.5
9.81
9.20
8.62
8.08
7.58
7.11
6.66
6.25
5.86
6.8
10.2
9.58
8.98
8.42
7.90
7.40
6.94
6.51
6.10
5.72
6.9
9.93
9.31
8.73
8.19
7.68
7.20
6.75
6.33
5.93
5.56
7.0
9.60
9.00
8.43
7.91
7.41
6.95
6.52
6.11
5.73
5.37
7.1
9.20
8.63
8.09
8.58
7.11
6.67
6.25
5.86
5.49
5.15
7.2
8.75
8.20
7.69
7.21
6.76
6.34
5.94
5.57
5.22
4.90
7.3
8.24
7.73
7.25
6.79
6.37
5.97
5.60
5.25
4.92
4.61
7.4
7.69
7.21
6.76
6.33
5.94
5.57
5.22
4.89
4.59
4.30
7.5
7.09
6.64
6.23
5.84
5.48
5.13
4.81
4.51
4.23
3.97
7.6
6.46
6.05
5.67
5.32
4.99
4.68
4.38
4.11
3.85
3.61
7.7
5.81
5.45
5.11
4.79
4.49
4.21
3.95
3.70
3.47
3.25
7.8
5.17
4.84
4.54
4.26
3.99
3.74
3.51
3.29
3.09
2.89
7.9
4.54
4.26
3.99
3.74
3.51
3.29
3.09
2.89
2.71
2.54
8.0
3.95
3.70
3.47
3.26
3.05
2.86
2.68
2.52
2.36
2.21
8.1
3.41
3.19
2.99
2.81
2.63
2.47
2.31
2.17
2.03
1.91
8.2
2.91
2.73
2.56
2.40
2.25
2.11
1.98
1.85
1.74
1.63
8.3
2.47
2.32
2.18
2.04
1.91
1.79
1.68
1.58
1.48
1.39
8.4
2.09
1.96
1.84
1.73
1.62
1.52
1.42
1.33
1.25
1.17
8.5
1.77
1.66
1.55
1.46
1.37
1.28
1.20
1.13
1.06
0.990
8.6
1.49
1.40
1.31
1.23
1.15
1.08
1.01
0.951
0.892
0.836
8.7
1.26
1.18
1.11
1.04
0.976
0.915
0.858
0.805
0.754
0.707
8.8
1.07
1.01
0.944
0.885
0.829
0.778
0.729
0.684
0.641
0.601
8.9
0.917
0.86
0.806
0.756
0.709
0.664
0.623
0.584
0.548
0.513
9.0
0.790
0.740
0.694
0.651
0.610
0.572
0.536
0.503
0.471
0.442
*
At 15 C and above, the criterion for fish ELS absent is the same
as the criterion for fish ELS present.
2. Saltwater: criteria as
total ammonia (mg/l)
a. Acute Water Quality
Criteria for Saltwater Aquatic Life Based on Total Ammonia (mg/l).
Temperature,
( C)
0
5
10
15
20
25
30
35
pH
Salinity
= 10 g/kg
7.0
270
191
131
92
62
44
29
21
7.2
175
121
83
58
40
27
19
13
7.4
110
77
52
35
25
17
12
8.3
7.6
69
48
33
23
16
11
7.7
5.6
7.8
44
31
21
15
10
7.1
5.0
3.5
8.0
27
19
13
9.4
6.4
4.6
3.1
2.3
8.2
18
12
8.5
5.8
4.2
2.9
2.1
1.5
8.4
11
7.9
5.4
3.7
2.7
1.9
1.4
1.0
8.6
7.3
5.0
3.5
2.5
1.8
1.3
0.98
0.75
8.8
4.6
3.3
2.3
1.7
1.2
0.92
0.71
0.56
9.0
2.9
2.1
1.5
1.1
0.85
0.67
0.52
0.44
Salinity
= 20 g/kg
7.0
291
200
137
96
64
44
31
21
7.2
183
125
87
60
42
29
20
14
7.4
116
79
54
37
27
18
12
8.7
7.6
73
50
35
23
17
11
7.9
5.6
7.8
46
31
23
15
11
7.5
5.2
3.5
8.0
29
20
14
9.8
6.7
4.8
3.3
2.3
8.2
19
13
8.9
6.2
4.4
3.1
2.1
1.6
8.4
12
8.1
5.6
4.0
2.9
2.0
1.5
1.1
8.6
7.5
5.2
3.7
2.7
1.9
1.4
1.0
0.77
8.8
4.8
3.3
2.5
1.7
1.3
0.94
0.73
0.56
9.0
3.1
2.3
1.6
1.2
0.87
0.69
0.54
0.44
Salinity
= 30 g/kg
7.0
312
208
148
102
71
48
33
23
7.2
196
135
94
64
44
31
21
15
7.4
125
85
58
40
27
19
13
9.4
7.6
79
54
37
25
21
12
8.5
6.0
7.8
50
33
23
16
11
7.9
5.4
3.7
8.0
31
21
15
10
7.3
5.0
3.5
2.5
8.2
20
14
9.6
6.7
4.6
3.3
2.3
1.7
8.4
12.7
8.7
6.0
4.2
2.9
2.1
1.6
1.1
8.6
8.1
5.6
4.0
2.7
2.0
1.4
1.1
0.81
8.8
5.2
3.5
2.5
1.8
1.3
1.0
0.75
0.58
9.0
3.3
2.3
1.7
1.2
0.94
0.71
0.56
0.46
To
convert these values to mg/liter N, multiply by 0.822
b. Chronic Water Quality
Criteria for Saltwater Aquatic Life Based on Total Ammonia (mg/l).
Temperature
( C)
0
5
10
15
20
25
30
35
pH
Salinity
= 10 g/kg
7.0
41
29
20
14
9.4
6.6
4.4
3.1
7.2
26
18
12
8.7
5.9
4.1
2.8
2.0
7.4
17
12
7.8
5.3
3.7
2.6
1.8
1.2
7.6
10
7.2
5.0
3.4
2.4
1.7
1.2
0.84
7.8
6.6
4.7
3.1
2.2
1.5
1.1
0.75
0.53
8.0
4.1
2.9
2.0
1.40
0.97
0.69
0.47
0.34
8.2
2.7
1.8
1.3
0.87
0.62
0.44
0.31
0.23
8.4
1.7
1.2
0.81
0.56
0.41
0.29
0.21
0.16
8.6
1.1
0.75
0.53
0.37
0.27
0.20
0.15
0.11
8.8
0.69
0.50
0.34
0.25
0.18
0.14
0.11
0.08
9.0
0.44
0.31
0.23
0.17
0.13
0.10
0.08
0.07
Salinity
= 20 g/kg
7.0
44
30
21
14
9.7
6.6
4.7
3.1
7.2
27
19
13
9.0
6.2
4.4
3.0
2.1
7.4
18
12
8.1
5.6
4.1
2.7
1.9
1.3
7.6
11
7.5
5.3
3.4
2.5
1.7
1.2
0.84
7.8
6.9
4.7
3.4
2.3
1.6
1.1
0.78
0.53
8.0
4.4
3.0
2.1
1.5
1.0
0.72
0.50
0.34
8.2
2.8
1.9
1.3
0.94
0.66
0.47
0.31
0.24
8.4
1.8
1.2
0.84
0.59
0.44
0.30
0.22
0.16
8.6
1.1
0.78
0.56
0.41
0.28
0.20
0.15
0.12
8.8
0.72
0.50
0.37
0.26
0.19
0.14
0.11
0.08
9.0
0.47
0.34
0.24
0.18
0.13
0.10
0.08
0.07
Salinity
= 30 g/kg
7.0
47
31
22
15
11
7.2
5.0
3.4
7.2
29
20
14
9.7
6.6
4.7
3.1
2.2
7.4
19
13
8.7
5.9
4.1
2.9
2.0
1.4
7.6
12
8.1
5.6
3.7
3.1
1.8
1.3
0.90
7.8
7.5
5.0
3.4
2.4
1.7
1.2
0.81
0.56
8.0
4.7
3.1
2.2
1.6
1.1
0.75
0.53
0.37
8.2
3.0
2.1
1.4
1.0
0.69
0.50
0.34
0.25
8.4
1.9
1.3
0.90
0.62
0.44
0.31
0.23
0.17
8.6
1.2
0.84
0.59
0.41
0.30
0.22
0.16
0.12
8.8
0.78
0.53
0.37
0.27
0.20
0.15
0.11
0.09
9.0
0.50
0.34
0.26
0.19
0.14
0.11
0.08
0.07
To
convert these values to mg/liter N, multiply by 0.822
M. Freshwater Water Effect
Ratios and Site Specific Criteria Equations
Parameter
Acute
Chronic
(Acute
Site Specific x 2)
National Acute:Chronic Ratio
WER@
m a
=
b a
=
National
Acute:Chronic Ratio
Cadmium
2.2
1.0166
-3.924
--
Copper
4.77
0.9422
-1.700
2.823
Lead
0.19
1.273
-1.46
51.29
Silver
2.85
1.72
-6.52
--
Zinc
1.63
0.8473
0.8840
2.208
@WER=Water
Effect Ratio
--=no
recommended value, use chronic value as calculated in Table 2.
1.27 The Implementation of the
Antidegradation Provisions of the Rhode Island Water Quality
Regulations
A. Introduction -
Antidegradation Standard
1. § 1.20 of this Part is
based on the Federal Antidegradation Policy requirements, 40 C.F.R. §
131.12 and adopted under the authority of R.I. Gen. Laws Chapters
46-12, 42-17.1 and 42-35.
2. Antidegradation is one of
the minimum elements required in state water quality standards. The
provisions of the State Antidegradation Regulations have as their
objective the maintenance and protection of various levels of water
quality and uses.
3. The Rhode Island
Antidegradation provisions consist of four (4) tiers of water quality
protection which are defined in general terms in § 1.20 of this
Part.
B. Applicability -
Antidegradation applies to all new or increased projects or
activities which may lower water quality or affect existing water
uses, including but not limited to all 401 Water Quality
Certification reviews and any new, reissued, or modified RIPDES
permits. This Antidegradation Implementation Policy describes the
general strategy the State will use to determine on a case-by-case
basis whether, and to what extent, water quality may be lowered.
C. Preconditions for
Implementation of Antidegradation Procedures
1. At the onset of the
antidegradation review, a determination by the State, of whether the
proposed activity can be considered a new or increased activity, must
be made.
a. A new activity in terms of
application of this Antidegradation Implementation Policy shall refer
to any activity which commenced after November 28, 1975.
b. An increased activity shall
refer to:
(1) A proposed increase in
loadings to a waterbody.
(2) For discharges covered by
existing RIPDES permits an evaluation of an increased loading shall
constitute a comparison of the present permit limit with the newly
calculated permit limit. If the new permit limit is less than or
equal to the old limit, it would not be considered an increased
activity. If the comparison indicates that the new permit limit is
greater than the old limit, it would be considered an increased
activity.
(3) An increase in a flow
alteration over the existing use.
2. If the above evaluations
result in a determination that the proposed activity is not a new or
increased activity, then there would be no further review of the
proposed activity under the Antidegradation Implementation Policy. If
the above evaluations result in a determination that the proposed
activity is a new or increased activity, then the activity will be
reviewed for consistency with this Antidegradation Implementation
Policy.
D. Antidegradation Protections
for Tier 1 and Tier 2
1. Tier 1 - Protection of
Existing Uses
a. General - This provision
applies to all surface waters.
(1) An existing use can be
established by demonstrating that a use(s) has actually occurred
since November 28, 1975, and the water quality is suitable to allow
the existing use or;
(2) By demonstrating that
although a designated use(s) has not occurred the water quality is
suitable to allow such a use(s) to occur, unless there are physical
problems which prevent the use and which cannot be remedied.
b. Under Tier 1, a proposed
activity or discharge cannot partially or completely eliminate any
existing uses nor the water quality needed to maintain and protect
those uses.
c. The proposed activity
cannot violate the class-specific criteria for minimum water quality
of the assigned water quality standard of a waterbody.
(1) The more stringent of
instream aquatic life criteria or applicable human health criteria
for toxic pollutants must be met in all waters, regardless of the
classification.
d. The Department may make
requests for evidence/data for applications of proposed activities or
discharges in accordance with § 1.27(E)(3) of this Part.
2. Tier 2 - Protection of
Water Quality in High Quality Waters
a. General - In a waterbody
where, for any parameter, the existing water quality exceeds that
level necessary to support the propagation of fish and wildlife and
recreation in and on the waters, regardless of the use designation,
that water shall be considered high quality for that parameter.
(1) All parameters do not need
to be better quality than the ambient criteria for the water to be
deemed a "high quality water". Instead, a waterbody is
assessed as being high quality on a parameter-by-parameter basis.
b. That high quality shall be
maintained and protected, except for insignificant changes in water
quality as determined by the Director and in accordance with §
1.27(E) of this Part.
c. Significant changes in
water quality may be allowed if it can be proven to the Director by a
preponderance of clear and scientifically valid evidence having a
probative value, and the Director finds, after full satisfaction of
the intergovernmental coordination and public participation
provisions of the RI Continuing Planning Process, that allowing the
water quality degradation is necessary to accommodate important
economic and social benefit in the area in which the receiving waters
are located § 1.27(E)(5) of this Part.
(1) In allowing any such
significant change in water quality, the Director shall assure water
quality adequate to fully protect existing and designated uses.
d. In allowing a change in
water quality, significant or insignificant, all reasonable measures
to minimize the change shall be implemented.
(1) Adequate scientifically
valid documentation shall demonstrate that existing and designated
uses, water quality to protect those uses, and all applicable water
quality standards, will be fully protected.
(2) Achievement of the highest
statutory and regulatory requirements for all new and existing point
sources and all cost effective and reasonable best management
practices for nonpoint source controls, shall be assured.
3. Special Resource Protection
Water - If the waterbody is a Special Resource Protection Water
(SRPW), a special subset of High Quality Waters, additional
requirements appear in Tier 2½ of this Antidegradation Policy.
4. Outstanding National
Resource Water - If the waterbody is an Outstanding National Resource
Water (ONRW), a special subset of High Quality Waters, additional
requirements appear in Tier 3 of this Antidegradation Policy.
E. Assessment Process for
Determining Special Resource Protection and Outstanding National
Resource Waters
1. Assess waterbody for high
quality on a parameter-by-parameter basis:
a. Characterize the existing
instream water quality and compare to the State's instream water
quality criteria to assess for high quality water on a
parameter-by-parameter basis.
(1) Instream water quality is
characterized by the applicable flows associated with the most
adverse conditions as stated in § 1.10(C) of this Part,
background water quality levels (as determined by the Director), and
all point source loadings and nonpoint source contributions and in
accordance with § 1.12(B) of this Part.
(2) If this analysis indicates
that the water is not high quality, then Tier 1 of the policy is the
applicable level of protection.
(3) If this analysis indicates
that the water is high quality, then continue with the Tier 2
antidegradation evaluation.
2. Define the remaining
assimilative capacity of the receiving water:
a. The remaining assimilative
capacity or buffer of the receiving water is equivalent to the
difference between the State's instream water quality criteria and
the existing instream water quality.
3. Request and obtain
evidence/data for applications involving activities potentially
impacting High Quality Waters:
a. If it is determined that a
high quality water is involved in a request for an approval of a
discharge or other activity, and sufficient supplemental data is not
available, RIDEM may request that the applicant provide, at a
minimum, the following information prepared by a qualified
professional. All engineering analyses and documentation must be
prepared, stamped, and signed by a professional engineer registered
in the State pursuant to R.I. Gen. Laws Chapter 5-8. All biological
and scientific analyses and documentation shall be prepared by
individuals qualified in the scientific field.
(1) Adequate recent instream
water quality data, and engineering analyses to calculate probable
water quality impacts due to the discharge or activity, and evidence
that the existing instream water uses, and the level of water quality
necessary to protect those uses will be maintained and protected.
(2) Adequate
scientific/engineering-based evidence describing the magnitude and
duration of any lowering of water quality due to the discharge or
activity by itself, and in combination with other discharges or
activities presently occurring. Such evidence must also show that all
water quality criteria applicable to the High Quality Water in
question will not be violated.
(3) All documentation required
by any other applicable RI Water Quality Regulation or which the
Director determines is necessary.
(4) Where RIDEM determines
that the information/documentation provided by the applicant is
insufficient to make a valid determination, the Department has the
authority to require additional information from the applicant before
a decision is made. Failure to provide the required information shall
result in denial of all approvals for the activity or discharge.
4. Determine if the discharge
or activity will significantly impact the waterbody:
a. For any water quality
parameter, increments of water quality within any High Quality Water
which exceed the minimum water quality criteria of that water's
assigned water quality standard. Degradation of water quality
increments by the applicant shall only be allowed if the extent of
degradation expected can be adequately documented, and it can be
demonstrated by the applicant through full intergovernmental
coordination and public participation process that the discharge or
activity is necessary to achieve important economic or social benefit
to the State, as required in § 1.27(D)(2) of this Part.
b. Any new or increased
discharge or activity could lower existing water quality and thus
require the important benefit demonstration. RIDEM will:
(1) Evaluate applications on a
case-by-case basis, using BPJ and all pertinent and available facts,
including scientific and technical data and calculations as provided
by the applicant; and
(2) Determine whether the
incremental loss is significant enough to require the important
benefits demonstration described below.
c. Some of the considerations
which will be made to determine if an impact is significant in each
site specific decision are:
(1) Percent change in water
quality parameter value and their temporal distribution;
(2) Quality and value of the
resource;
(3) Cumulative impact of
discharges and activities on water quality to-date;
(4) Measurability of the
change;
(5) Visibility of the change;
(6) Impact on fish and
wildlife habitat; and
(7) Impact on potential and
existing uses.
d. As a general guide, any
discharge or activity which consumes greater than 20% of the
remaining assimilative capacity § 1.27(E)(2) of this Part will
be considered a significant impact and will be required to
demonstrate important economic or social benefits to justify the
activity § 1.27(E)(5) of this Part.
e. Any proposed percent
consumption of the remaining assimilative capacity may be deemed
significant and invoke full requirements to demonstrate important
economic or social benefits.
5. Demonstration that the
discharge or activity is necessary to achieve important economic or
social benefits to the State:
a. When the Department
determines from BPJ and documentation provided by the applicant that
a proposed new or increased discharge or activity would result in a
significant impact to the existing water quality of a High Quality
waterbody, the Department requires that the applicant demonstrate by
a preponderance of clear and scientifically valid evidence having a
probative value that the discharge or activity is necessary to
achieve important economic or social benefits to the State. The
applicant shall submit evidence to the Department, including but not
limited to:
(1) Adequate scientific and
technical evidence describing the magnitude and duration of the
lowering of water quality.
(2) Adequate evidence
detailing the extent of the important economic or social benefits
that will accrue to the State from the proposed activity.
(3) Adequate scientific and
technical evidence which demonstrates that the discharge or activity
is necessary and methods of alternative production, alternative
methods of treatment, or alternative sites for the activity will not
achieve the important social or economic benefits.
b. Where RIDEM determines that
the information/documentation provided by the applicant is
insufficient to make a valid determination, the Department has
authority to require additional information from the applicant before
a decision is made.
c. Upon receipt and review of
the applicant's antidegradation socioeconomic benefits demonstration,
the Department may either determine that the significant change in
water quality is not necessary to provide important economic or
social benefit and deny the proposed new or increased discharge, or
tentatively accept the demonstration and provide the opportunity for
public comment on the action that may lower water quality in a high
quality waterbody. The public participation requirement will be met
by providing the public with the opportunity to comment and the
opportunity to request a public hearing § 1.27(E)(6) of this
Part.
6. Public Participation
a. When the Department
determines that a proposed new or increased discharge or activity
would result in either significant or insignificant impacts to the
existing water quality of any High Quality waterbody, the Department
will cause and approve public notice to be given by the applicant, in
accordance with R.I. Gen. Laws Chapter 42-35, and said notice shall
include:
(1) description of the
proposed activity;
(2) Statement of the State's
antidegradation policy and how the activity complies with the State's
policy;
(3) A determination that
existing uses will be maintained and protected;
(4) Summary of the expected
water quality impact;
(5) Summary of the important
economic or social benefits to the State.
(6) The notice shall invite
written comments to be submitted to DEM, Water Resources, and shall
provide an opportunity to request a public hearing.
b. For RIPDES permit related
activities, this public notice may be a part of the normal public
participation procedures involved with the issuance of a RIPDES
permit.
c. Intergovernmental
coordination and review will be fulfilled by submitting a copy of the
public notice to the following agencies, requesting comment to be
submitted to DEM, Water Resources by the public comment deadline.
d. State Agencies
(1) Governor's Policy Planning
Office; RI Division of Statewide Planning, Department of
Administration; RI Water Resources Board; RI Department of Economic
Development; RI Office of Drinking Water Quality, Department of
Health; RI Coastal Resources Management Council (as applicable).
e. Federal Agencies
(1) US EPA Region I; US Army
Corps of Engineers; US Fish and Wildlife Service; National Marine
Fisheries Service; National Park Service (as applicable).
(2) Once all public comment
has been received (following the comment deadline), the Director of
RIDEM or the Director's designee will respond to all significant
comments. If significant evidence of need in terms of public
interest, significant new technical information, or significant and
valid disagreement as to technical conclusions exist, the Director or
the Director's designee will hold a public hearing.
(3) Following this public
participation process, the Director or the Director's designee will
render a decision as to the allowance or denial for such activity to
take place. If the application is denied, the applicant may revise
the submittal to decrease or eliminate the projected impact to High
Quality Waters, and resubmit the application for consideration under
the full review process.
F. Antidegradation Protections
for Tier 2½ and Tier 3
1. Tier 2½ - Protection
of Water Quality for SRPWs
a. Special Resource Protection
Waters (SRPWs) are a special subset of High Quality Waters. SRPWs are
subject not only to Tier 2 protection but also special protection
under Tier 2½ of the Antidegradation Policy. Waterbodies which
have been designated as SRPWs are listed in § 1.28 of this Part.
b. Under Tier 2½, there
shall be no measurable degradation of the existing water quality
necessary to protect the characteristic(s) which cause the waterbody
to be designated as a SRPW. The new or increased discharge or
activity will not be allowed unless the applicant can provide
adequate scientific and technical documentation and engineering plans
which can prove, to the satisfaction of the Director, that specific
pollution controls and/or other mitigation measures and BMPs will
completely eliminate any measurable impacts to water quality
necessary to protect the characteristics which cause the waterbody to
be designated a SRPW.
c. If the RIDEM, using BPJ and
scientific and technical knowledge of proper modern pollution control
engineering practices, agrees that the specified pollution controls
and/or BMPs will protect the SRPW from all measurable degradation,
those agreed-to measures will be conditions required of the applicant
in an approval. Any avoidance of such conditions by the applicant
will result in automatic revocation of the approval and potential
enforcement action. The burden of proof rests on the applicant.
d. Notwithstanding that all
public drinking water supplies are SRPWs, public drinking water
suppliers may undertake temporary and short term activities within
the boundary perimeter of a public drinking water supply impoundment
for essential maintenance or to address emergency conditions in order
to prevent adverse effects on public health or safety, provided that
these activities comply with the requirements set forth in §
1.20(B) of this Part (Tier 1 Protection of Existing Uses) and §
1.20(C) of this Part (Tier 2 Protection of Water Quality in High
Quality Waters).
2. Tier 3 - Protection of
Water Quality for ONRWs
a. Outstanding National
Resource Waters (ONRWs) are a special subset of High Quality Waters.
ONRWs are subject not only to Tier 2 protection but also special
protection under Tier 3 of the Antidegradation Policy.
b. Under Tier 3, the State
cannot allow any degradation of the existing water quality necessary
to protect and maintain ONRWs. There shall be no new or increased
discharge to ONRWs or to tributaries to ONRWs that would result in
lower water quality in the ONRW.
c. The State may allow some
limited activities that result in temporary and short-term changes in
the water quality of an ONRW. Such activities must not permanently
degrade water quality or result in water quality lower than that
necessary to protect the existing uses in the ONRW. During any period
of time when, after opportunity for public participation in the
decision, the State allows temporary degradation, all practical means
of minimizing such degradation shall be implemented.
1.28 Special Resource Protection
Waters (SRPWs)
A. The following list contains
surface waters of the State which have been designated by the
Department as SRPWs. RIDEM objectively established a list of SRPWs.
This list of designated SRPWs includes the waterbody name, location
and water quality classification for each SRPW. Additional
information on SRPWs is available from RIDEM.
B. Special Resource Protection
Waters (SRPWs) are high quality surface waters identified by the
Director as having significant ecological or recreational uses, which
may include but are not limited to: wildlife refuge or management
areas; public drinking water supplies; State and Federal parks; State
and Federal designated Estuarine Sanctuary Areas; waterbodies
containing critical habitats, which may include but are not limited
to waterbodies identified by the RIDEM Natural Heritage Program as
critical habitat for rare or endangered species; wetland types or
specific wetlands listed as rare, threatened, endangered, of special
interest or of special concern by the RI Natural Heritage Program;
waterbodies identified by the U.S. Department of the Interior on the
Final List of Rivers for potential inclusion in the National Wild and
Scenic Rivers System.
B. Table of Special Resource
Protection Waters
Basin
Name
Subbasin
Name
Waterbody
Name
Waterbody
ID Number
Town
SRPW
Categories
Recreation
Ecological
Habitat
State
Park
Federal
Park
State
Estuarine Area
Federal
Estuarine Area
Critical
Habitat (Rare and Endangered Species)
Unique
Fresh Water Wetland
Wild
& Scenic
Drinking
Water Supply
Conservation
Area
Blackstone
River Basin
Abbott
Run Brook & Tribs
Abbott
Run Brook
RI0001006R-01
Cumberland
X
Blackstone
River Basin
Abbott
Run Brook & Tribs
Ash
Swamp
RI0001006R-04
Cumberland
X
X
X
Blackstone
River Basin
Abbott
Run Brook & Tribs
Ash
Swamp Brook
RI0001006R-04
Cumberland
X
X
Pawcatuck
River Basin
Wood
River & Tribs
Asheville
Pond
RI0008040L-04
Hopkinton
X
X
X
X
Narragansett:
Basin
Aquidneck
Water Supply & Tribs
Bailey
Brook
RI0007035R-01
Middletown
X
Pawtuxet
River Basin
Scituate
Reservoir & Tribs
Barden
Reservoir
RI0006015L-06
Scituate
X
Narragansett:
Basin
Barrington
& Runnins Rivers
Barrington
River Estuary
RI0007021E-01A/B,
RI0007021R-01
Barrington,
East
Providence
X
X
X
X
Thames
River Basin
Beach
Pond & Tribs
Beach
Pond
RI0005010L-01
Exeter
X
X
X
Narragansett:
Basin
West
Passage Narragansett Basin
Belleville
Pond
RI0007027L-02
North
Kingstown
X
X
X
Pawtuxet
River Basin
Big
River & Tribs
Big
River
RI0006012R-02
West
Greenwich
X
X
Thames
River Basin
Tribs
to Five Mile
Bowdish
Reservoir
RI0005047L-03
Glocester
X
X
X
X
Coastal
Waters
Southeast
Coastal Ponds
Briggs
Marsh
RI0010048E-01
Little
Compton
X
X
X
X
Coastal
Waters
Sakonnet
River
Brown
Point Marsh
No
WBID
Little
Compton
X
Coastal
Waters
Southwest
Coastal Ponds
Cards
Pond
RI0010043E-01
South
Kingstown
X
Thames
River Basin
Tribs
to Five Mile
Cedar
Swamp Pond
RI0005047L-05
Burrillville
X
X
Pawcatuck
River Basin
Pawcatuck
River & Tribs
Chapman
Pond/
Crandall
Swamp
RI0008039L-01
Westerly
X
X
X
Coastal
Waters
Southeast
Coastal Ponds
Cold
Brook
RI0010048R-01
Little
Compton
X
Thames
River Basin
Tribs
to Five Mile
Cold
Spring Brook
RI0005047R-05
Burrillville
X
X
Thames
River Basin
Tribs
to Five Mile
Croff
Farm Brook
RI0005047R-04
Burrillville
X
X
Blackstone
River Basin
Woonsocket
Reservoir #3 & all Tribs
Crookfall
Brook
RI0001004R-01
North
Smithfield, Cumberland
X
Coastal
Waters
Southwest
Coastal Ponds
Deep
Pond
RI0010043L-08
Charlestown
X
X
X
Blackstone
River Basin
Abbott
Run Brook & Tribs
Diamond
Hill Reservoir
RI0001006L-01
Cumberland
X
Pawcatuck
River Basin
Wood
River & Tribs
Diamond
Pond/Bog Complex
RI0008040R-06
Richmond
X
X
X
Coastal
Waters
Sakonnet
River
Donovan
Marsh
No
WBID
Little
Compton
X
Blackstone
River Basin
Abbott
Run Brook & Tribs
East
Sneech Brook
RI0001006R-03
Cumberland
X
X
Pawcatuck
River Basin
Wood
River & Tribs
Ell
Pond
RI008040L-05
Hopkinton
X
X
X
X
Coastal
Waters
Southwest
Coastal Ponds
Factory
Pond
RI0010043L-03
South
Kingstown
X
X
X
Pawcatuck
River Basin
Pawcatuck
Rive r& Tribs
Fisherville
Brook, from headwaters north of Henry Brown Rd. in West Greenwich
to Route 102 in Exeter
RI0008039R-07
West
Greenwich, Exeter
X
X
X
Coastal
Waters
Sakonnet
River
Fogland
Point Marsh
No
WBID
Tiverton
X
X
Coastal
Waters
Block
Island Waters
Fresh
Pond
RI0010046L-02
New
Shoreham
X
Coastal
Waters
Southwest
Coastal Ponds
Fresh
Pond
No
WBID
Charlestown
X
X
Coastal
Waters
Southwest
Coastal Ponds
Galilee
Bird Sanctuary
RI0010043E-06A/E
Narragansett,
South Kingstown
X
X
Narragansett:
Basin
Aquidneck
Water & Supply Tribs
Gardiner
Pond
RI0007035L-01
Middletown
X
X
X
Pawcatuck
River Basin
Pawcatuck
River & Tribs
Gennesee
Swamp
RI0008039R-08
South
Kingstown
X
X
Narragansett:
Basin
Greenwich
Bay
Gorton
Pond
RI0007025L-01
Warwick
X
X
X
X
X
Pawcatuck
River Basin
Wood
River & Tribs
Grass
Pond
RI0008039L-23
Richmond
X
X
X
X
Coastal
Waters
Block
Island Waters
Great
Salt Pond and Marshes
RI0010046E-01A
New
Shoreham
X
Pawcatuck
River Basin
Pawcatuck
River & Tribs
Great
Swamp
RI0008039L-07
South
Kingstown
X
X
X
Coastal
Waters
Southwest
Coastal Ponds
Green
Hill Pond
RI0010043E-02
South
Kingstown
X
Blackstone
River Basin
Abbott
Run Brook & Tribs
Happy
Hollow Pond
RI0001006L-03
Cumberland
X
Narragansett:
Basin
Potowomut
River
Hunt
River
RI0007028R-03B
North
Kingstown
X
X
X
Pawtuxet
River Basin
Scituate
Reservoir & Tribs
Huntinghouse
Brook
RI0006015R-11
Scituate
X
X
Narragansett:
Basin
Jamestown
Water Supply
Jamestown
Brook
RI0007036R-01
Jamestown
X
Narragansett:
Basin
Warren
Reservoir
Kickemuit
Reservoir
RI0007034L-01
Warren
X
X
X
Narragansett:
Basin
Aquidneck
Water Supply & Tribs
Lawton
Valley Reservoir
RI0007035L-06
Portsmouth
X
Coastal
Waters
Southwest
Coastal Ponds
Little
Maschaug Pond
RI0010043L-18
Westerly
X
Pawcatuck
River Basin
Tidal
Pawcatuck River/Little Narragansett Bay
Little
Narragansett Bay
RI0008038E-02A/B
Westerly
X
X
Blackstone
River Basin
Abbott
Run Brook & Tribs
Long
Brook
RI0001006R-02
Cumberland
X
X
Pawcatuck
River Basin
Wood
River & Tribs
Long
Pond
RI0008040L-20
Hopkinton
X
X
X
X
Coastal
Waters
Southeast
Coastal Ponds
Long
Pond
RI0010048L-01
Little
Compton
X
X
X
Blackstone
River Basin
Blackstone
River & Tribs
Lonsdale
Marsh Complex (Blackstone River)
RI0001003R-01A
Lincoln,
Central Falls, Cumberland
X
X
X
Narragansett:
Basin
Aquidneck
Water Supply & Tribs
Maidford
River
RI0007035R-02A/B
Middletown
X
X
Coastal
Waters
Southwest
Coastal Ponds
Maschaug
Pond
RI0010043E-03
Westerly
X
Pawcatuck
River Basin
Pawcatuck
River & Tribs
Matunuck
Hills Complex- Long, White, Spectacle, Hot House and Lily Ponds
RI0010043L-07
(Long), RI0010043L-05 (White), RI0010043L-01 (Hothouse),
No
WB ID for Spectacle and Lily Ponds
South
Kingstown
X
X
X
X
Pawcatuck
River Basin
Pawcatuck
River & Tribs
McGowan
Swamp
RI0008039R-12
Westerly
X
X
Pawcatuck
River Basin
Pawcatuck
River & Tribs
Meadowbrook
Pond
RI0008039L-05
Richmond
X
X
X
Pawtuxet
River Basin
Pawtuxet
River South Branch & Tribs
Mishnock
Swamp
RI0006014L-01
Coventry
X
Pawtuxet
River Basin
Scituate
Reservoir & Tribs
Moswansicut
Pond
RI0006015L-04
Scituate
X
Narragansett:
Basin
Aquidneck
Water Supply Tribs
Nelson
Pond
RI0007035L-02
Middletown
X
X
Coastal
Waters
Southwest
Coastal Ponds
Ninigret
Pond
RI0010043E-04A
Charlestown
X
X
X
X
X
X
Narragansett:
Basin
Aquidneck
Water Supply & Tribs
Nonquit
Pond
RI0007035L-08
Tiverton
X
X
Narragansett:
Basin
Aquidneck
Water Supply & Tribs
North
Easton Pond
RI0007035L-03
Middletown
X
Narragansett:
Basin
Jamestown
Water Supply
North
Carr Pond
RI0007036L-01
Jamestown
X
Narragansett:
Basin
Palmer
River
Palmer
River
RI0007022E-01A/B
Barrington,
Warren
X
X
X
Narragansett:
Basin
Aquidneck
Water Supply & Tribs
Paradise
Brook
RI0007035R-03
Middletown
X
Blackstone
River Basin
Abbott
Run Brook & Tribs
Pawcatuck
Reservoir (Arnold Mills Reservoir)
RI0001006L-02
Cumberland
X
Pawcatuck
River Basin
Pawcatuck
River & Tribs
Pawcatuck
River
RI0008039R-18A/C/E
Charlestown,
Westerly,
South
Kingstown,
Richmond,
Hopkinton
X
X
X
Coastal
Waters
Tribs
to Pettaquamscutt River
Pettaquamscutt
River (Narrow River)
RI0010044E-01A
North
Kingstown, South Kingstown,
Narragansett
X
X
X
X
Pawcatuck
River Basin
Wood
River & Tribs
Phantom
Bog
No
WBID
Hopkinton
X
X
X
Coastal
Waters
Southwest
Coastal Ponds
Point
Judith Pond
RI0010043E-06A-I
South
Kingstown, Narragansett
X
X
X
Pawtuxet
River Basin
Scituate
Reservoir & Tribs
Ponagansett
Reservoir
RI0006015L-02
Glocester
X
Pawtuxet
River Basin
Scituate
Reservoir & Tribs
Ponagansett
River
RI0006015R-20A/B
Foster,
Glocester
X
X
X
Coastal
Waters
Southwest
Coastal Ponds
Potters
Pond
RI0010043E-05
South
Kingstown
X
X
X
Pawcatuck
River Basin
Pawcatuck
River & Tribs
Queen
River, from William Reynolds Road in Exeter to Dugway Bridge Road
in South Kingstown.
RI0008039R-21A/B/C
Exeter,
South
Kingstown
X
X
X
Coastal
Waters
Southeast
Coastal Ponds
Quicksand
Pond
RI0010048E-02
Little
Compton
X
X
X
Coastal
Waters
Southwest
Coastal Ponds
Quonochontaug
Pond
RI0010043E-07
Charlestown,
Westerly
X
X
X
Pawtuxet
River Basin
Scituate
Reservoir & Tribs
Regulating
Reservoir
RI0006015L-01
Scituate
X
Blackstone
River Basin
Abbott
Run Brook & Tribs
Robin
Hollow Pond
RI0001006L-04
Cumberland
X
Narragansett:
Basin
Barrington
& Runnins River
Runnins
River
RI0007021R-01
Barrington,
East Providence
X
Coastal
Waters
Block
Island Waters
Sachem
Pond
RI0010046L-03
New
Shoreham
X
X
Coastal
Waters
Sakonnet
River
Sakonnet
River -
waters
in the vicinity of Sachuest Point and Third Beach, Middletown, RI
as defined under the Coastal Barrier Resources Act.
RI0010031E-01B
X
X
X
X
Coastal
Waters
Sakonnet
River
Sakonnet
River -
waters
in the vicinity of Sakonnet Harbor as defined by the Coastal
Barrier Resources Act.
RI0010031E-01D
X
X
X
Coastal
Waters
Sakonnet
River
Sakonnet
River -
waters
in the vicinity of Sakonnet Point as defined by the Coastal
Barrier Resources Act and the US Fish and Wildlife's designation
of Significant Coastal Habitat for the Rhode Island Sound -
Buzzards Bay Beach Complex under the Northeast Coastal Areas
Study.
RI0010031E-01B
X
X
X
Coastal
Waters
Block
Island Waters
Sands
Pond
RI0010046L-01
New
Shoreham
X
Coastal
Waters
Sakonnet
River
Sapowet
Marsh
No
WBID
Tiverton
X
X
Coastal
Waters
Southwest
Coastal Ponds
Schoolhouse
Pond
RI0010043L-09
Charlestown
X
X
X
X
Pawtuxet
River Basin
Scituate
Reservoir & Tribs
Scituate
Reservoir
RI0006015L-07
Scituate
X
Blackstone
River Basin
Branch
River & Tribs
Screech
Hole Bog
No
WBID
Burrillville
X
X
X
Blackstone
River Basin
Branch
River & Tribs
Scwindels
Swamp Preserve
No
WBID
Glocester
X
X
Pawtuxet
River Basin
Scituate
Reservoir & Tribs
Shippee
Saw Mill Pond
RI0006015L-05
Foster
X
X
Coastal
Waters
Southeast
Coastal Ponds
Sisson
Pond
RI0007035L-10
Portsmouth
X
Blackstone
River Basin
Branch
River & Tribs
Smith
& Sayles Reservoir
RI0001002L-07
Glocester
X
X
X
Blackstone
River Basin
Sneech
Pond & Tribs
Sneech
Pond
RI0001005L-01
Cumberland
X
Narragansett:
Basin
Aquidneck
Water Supply & Tribs
South
Easton Pond
RI0007035L-04
Newport
X
Narragansett:
Basin
Jamestown
Water Supply
South
Watson Pond
RI0007036L-02
Jamestown
X
X
X
Narragansett:
Basin
Aquidneck
Water Supply & Tribs
St.
Mary’s Pond
RI0007035L-05
Portsmouth
X
Narragansett:
Basin
Stafford
Pond
Stafford
Pond
RI0007037L-01
Tiverton
X
X
X
Coastal
Waters
Southwest
Coastal Ponds
Succotash
Marsh
No
WBID
South
Kingstown
X
Pawcatuck
River Basin
Wood
River & Tribs
Tippencansett
Pond
RI0008040L-17
West
Greenwich, Exeter
X
X
X
Coastal
Waters
Southwest
Coastal Ponds
Trustom
Pond
RI0010043E-08
South
Kingstown
X
X
Coastal
Waters
Southeast
Coastal Ponds
Tunipus
Pond
RI0010048L-04
Little
Compton
X
Coastal
Waters
Southwest
Coastal Ponds
Twin
Pond
No
WBID
Narragansett
X
Blackstone
River Basin
Blackstone
River & Tribs
Valley
Falls Pond
RI0001003L-02
Cumberland
X
X
Blackstone
River Basin
Wallum
Lake & Tribs
Wallum
Lake
RI0001001L-01
Burrillville
X
X
X
X
Pawcatuck
River Basin
Pawcatuck
River & Tribs
Watchaug
Pond
RI0008039L-02
Charlestown
X
X
X
X
X
X
Narragansett:
Basin
Aquidneck
Water Supply & Tribs
Watson
Reservoir
RI0007035L-07
Little
Compton
X
Narragansett:
Basin
West
Passage Narragansett Bay
Wesquage
Pond
RI0007027E-07
Narragansett
X
X
Pawtuxet
River Basin
Scituate
Reservoir & Tribs
Westconnaug
Reservoir
RI0006015L-03
Scituate,
Foster
X
Pawcatuck
River Basin
Wood
River & Tribs
Wickaboxet
Pond
RI0008040L-18
West
Greenwich
X
X
X
Coastal
Waters
Southwest
Coastal Ponds
Winnapaug
Pond & Salt Marsh
RI0010043E-09
Westerly
X
X
Pawcatuck
River Basin
Wood
River & Tribs
Wood
River
RI0008040R-16A/B/C/D
Richmond,
Hopkinton, Westerly
X
X
X
Blackstone
River Basin
Woonsocket
Reservoir #3 & all Tribs
Woonsocket
Reservoir #1
RI0001004L-02
North
Smithfield
X
Blackstone
River Basin
Woonsocket
Reservoir #3 & all Tribs
Woonsocket
Reservoir #3
RI0001004L-01
North
Smithfield
X
Pawcatuck
River Basin
Pawcatuck
River & Tribs
Worden
Pond
RI0008039L-07
South
Kingstown
X
X
X
X
X
X
Pawcatuck
River Basin
Wood
River & Tribs
Wyoming
Pond
RI0008040L-11
Hope
Valley
X
Pawcatuck
River Basin
Wood
River & Tribs
Yawgoog
Pond
RI0008040L-07
Hopkinton
X
X
1.29
Rhode Island Site Specific Aquatic Life Water Quality Criteria
Development Procedure
A. Introduction - There is
valid scientific rationale for the contention that the National
criteria derived using the November 28, 1980 National guidelines, 45
FR 79341, may be underprotective or overprotective at specific sites.
National water quality criteria proposed under Section 304(a) (33
U.S.C. § 1314) or Section 307(a)(1) (33 U.S.C. § 1317)
toxic pollutants are based on laboratory toxicity tests in which
aquatic organisms were exposed to known concentration of toxicants in
laboratory water and, thus, may not adequately represent site water
and effluent effects. The underlying intent of adopting water quality
criteria into the State’s standards is to establish a set of
conditions which, if consistently achieved, will not impair the
biological integrity of the aquatic community residing in the
waterbody.
B. A prominent aspect of the
National criteria is a provision allowing for modification to reflect
local environmental conditions. Incorporating site specific water
quality criteria into discharge permits will still ensure that the
aquatic community is adequately protected from the effects of toxic
pollutant discharges, while considering the mitigation of toxicity
due to characteristics of a local waterbody and effluent. The need to
reevaluate the National criteria and develop site specific criteria
can emerge from many factors including:
1. High natural ambient
concentrations relative to standards or criteria.
2. The presence of substances
for which water quality based effluent limits are below analytical
detectability.
3. The possibility of complex
or synergistic interactions of chemicals within the effluent and/or
site water.
4. Observed beneficial or
detrimental effects on the receiving water biota.
C. RIDEM developed this site
specific criteria procedure using a Mostly Sanitary Secondary
Treatment Plant's (MSSTP) effluent and designated site water in 1990.
Due to the uncertainties associated with the instream fate of
pollutant loading after discharge, RIDEM will not allow for unchecked
or maximum attenuation of toxicity by various physical/chemical
parameters in every effluent. Using a MSSTP effluent will afford a
consistent, predictable baseline behavior of specific pollutants when
attenuated by standard sanitary, secondary effluent components (TSS,
alkalinity, pH etc.) This procedure will allow for a moderate amount
of attenuation of toxicity by a discharge and site water while
addressing the concern of instream fate of pollutant loadings. Site
specific criteria may also be developed using the procedures outlined
in the EPA document entitled Interim Guidance on Determination and
Use of Water-Effect Ratios for Metals (EPA-823-B-94-001). Since the
EPA WER Guidance procedures allow for the evaluation of more site
specific characteristics (which may attenuate toxicity) than the
RIDEM policy, a more rigorous testing program may be required when
following the EPA WER Guidance than that described herein.
D. The new criteria developed
will be applied only to sites where there are existing discharges and
will be administered uniformly to disallow any significant
fluctuations in toxicity that may occur due to inconsistencies in the
influent component or overall treatment.
E. Documentation of the
factors that exist at a facility or within a basin, which necessitate
site specific criteria development, shall be submitted to RIDEM. This
documentation shall include:
1. Any previous effluent or
instream bioassay test results and/or evaluation of the impact of the
discharge on the resident aquatic community.
2. Characterization of
existing water quality conditions at the site or within the basin.
3. The parameters for which
site specific criteria are to be developed should be listed with an
explanation of why the National criteria for these parameters can not
be met.
4. An indication of what
levels of the parameters of concern could be attained after
institution of an aggressive pretreatment program and exploration of
other municipal standard treatment controls.
F. The municipal effluent and
site water data generated from this procedure will be applied to
industries as a baseline for permit derivation.
G. The criteria developed from
one site may be applied to additional sites, if it is demonstrated to
the satisfaction of the Director that the hydrologic, ecological and
physiographic conditions are consistent between the two sites.
H. New permit limits will be
developed in accordance with applicable federal and state regulations
and laws, including antibacksliding and antidegradation prohibitions.
I. Necessary modifications to
all permits will be based on compliance bioassay monitoring results.
J. Methodology - The RIDEM
site specific criteria testing protocol narrowly limits the degree to
which mitigation of toxicity may be considered. The RIDEM policy
allows that the criteria may be applicable to a number of discharges
and site waters. However, the RIDEM protocol is expected to result in
more stringent criteria compared to the criteria resulting from
following the EPA WER Guidance. EPA's WER Guidance (EPA-823-B-94-001)
should be consulted for further information concerning alternative
testing and data analysis procedures.
1. The site specific criteria
shall be developed using a Mostly Sanitary Secondary Treatment
Plant's (MSSTP, as designated by RIDEM) effluent with site water.
This MSSTP will be a standard secondary facility with little or no
industrial input. An efficient Wastewater Treatment facility which
handles primarily domestic flow will offer the situation of limited
buffering of toxicity due to chemicals from industrial inputs and/or
domestic organic loadings to the WWTF. This set of tests will
represent a best case scenario which can be applied to almost all
facilities in the State. Future routine toxicity test results shall
be used to monitor continued compliance and may determine if more
stringent or lenient permit limits and/or requirements are needed for
all facilities.
2. The site should be defined
on the basis of expected changes in the relevant parameters'
biological availability and/or toxicity due to physical and chemical
variability of the site water.
a. These changes in toxicity
cannot result from components present in the effluent of an upstream
discharge.
b. Due to the complexity of
factors, RIDEM will be responsible for delineating sites.
c. It is expected that a site
and site water will be defined on a basin-wide level.
3. These bioassay tests shall
be conducted in accordance with protocol listed in as specified in §
1.29 of this Part. Additional methods such as protocols listed in 40
C.F.R. § 136, incorporated above in § 1.3(A) of this Part,
may be considered at the discretion of the Director
a. At a minimum, these tests
shall consist of acute toxicity testing of 2 species including a fish
(freshwater = fathead minnow, Pimephales promelas ; marine =
silversides, Menidia spp.) and an invertebrate (freshwater =
Ceriodaphnia spp.; marine = shrimp, Mysidopsis bahia ).
b. Effluent testing shall be
conducted on a pre-chlorinated, 24 hour flow proportioned (samples
collected hourly), composite effluent sample of the MSSTP. A 100%
effluent sample shall be analyzed to determine the concentration(s)
of the parameter(s) of concern.
4. Acute tests shall be run on
the MSSTP effluent diluted with a designated site water (MSSTP
mixture) at a ratio of 20 site water:1 effluent, because it
represents 75% of the dilution factors established for discharges in
Rhode Island.
a. The Director may approve a
testing protocol which is based upon the actual ratio of effluent and
site water which will result under the receiving water design flow
specified in § 1.10(C) of this Part. In this case, the site
specific criteria will only be applicable to the particular site
evaluated.
b. An acute screening test
shall be conducted on the MSSTP mixture sample, by spiking with one
toxicant of concern at concentrations high enough to determine a
statistically valid LC50, which is <100%, for that toxicant
relevant to each species being tested. Then at least five toxicant
concentrations, spaced evenly above and below the previously
determined LC50, and a control shall be tested.
(1) Two replicates per
concentration are required and the number of organisms per replicate
will depend on the species being tested.
c. In the case of freshwater
testing, the hardness of the site water must be monitored at the time
the tests are conducted to allow for calculations of the criteria
based on hardness.
d. Each complete set of tests
shall be conducted on three different occasions (dates).
(1) Chemical analyses,
including hardness, of the site water and MSSTP effluent combined
sample will have to be conducted to confirm the concentration of the
spiked chemical on selected dilutions during each testing occasion.
e. Selected dilutions shall
include low, medium, and high concentrations on one replicate and one
species.
(1) Chemical analyses of these
dilutions shall be conducted on a portion of the sample taken
immediately prior to the addition of the organisms.
f. Dissolved metal analyses
must be conducted if the results of the toxicity testing will be used
to establish site specific criteria for dissolved metals.
g. Similar tests shall be
conducted on a control of laboratory water spiked with the toxicant
of concern at concentrations not only equivalent to those observed in
the effluent, but also which will allow for a statistical comparison
with the National criteria.
h. Using the data from both
sets of replicates, the LC50, standard deviation, and 95% confidence
intervals shall be obtained for each species tested in the laboratory
water, relative to each toxicant of concern, for each of the three
testing occasions. The laboratory water LC50 test results shall be
compared to the National acute LC50 values obtained for each testing
occasion to confirm the validity of these site specific tests.
i. Using the data from both
sets of replicates, the LC50, standard deviation, and 95% confidence
intervals shall be obtained for each species tested in the MSSTP
mixture, relative to each toxicant of concern for each of the valid
testing occasions.
j. Species-specific water
effect ratio shall be calculated for each of the valid testing
occasions by dividing the laboratory water LC50 into the MSSTP
mixture LC50.
k. Two species-specific final
WER shall be calculated as the geometric mean of the valid WERs (from
each species).
(1) These two specific WERs
shall be compared to see if they are significantly different (p <
0.05). If these two species-specific WERs are not different, then the
final site specific WER is the geometric mean of these two WERs. If
the two species-specific water effect ratios are statistically
different, then the WER from the most sensitive species shall be the
final site specific WER.
l. If the final site specific
WER is not significantly different from a value of one (1.0), then
the National Acute Criteria is the Site Specific acute criteria. If
the final site specific WER is significantly different from a value
of one (1.0), then the Site Specific Criteria shall be calculated by
multiplying the final site specific WER times the National freshwater
acute criteria formula or the National saltwater acute criteria, as
appropriate.
m. The Director may determine
not to use all of the valid testing occasions to calculate the final
site specific WER if necessary to protect aquatic life.
5. If a National acute/chronic
ratio was used to develop the National chronic criteria for the
chemical of interest, the site specific chronic criteria is
calculated by multiplying the site specific acute criteria by 2 and
then dividing by the National acute/chronic ratio.
6. If the National
acute/chronic ratio for the toxicant of concern does not exist, a
site specific chronic criteria can also be obtained by testing
species for chronic toxicity. Tests shall be conducted using the same
species requirements within §§ 1.29(I)(3)(a) and 1.27(I)(4)
of this Part.
a. The Director may approve a
testing protocol which is based upon the actual ratio of effluent and
site water which will result under the receiving water design flow
specified in § 1.10(C) of this Part. In this case the site
specific criteria will only be applicable to the particular site
evaluated.
b. The chronic tests shall be
conducted in accordance with protocol listed in 40 C.F.R. § 136,
incorporated above in § 1.3(A) of this Part, , incorporating any
deviations from protocol listed below.
c. A chronic screening test
shall be conducted on the MSSTP and site dilution water mixture by
spiking with one toxicant of concern at concentrations high enough to
determine a statistically valid chronic toxic effect value for that
toxicant relevant to each species being tested. Then at least five
toxicant concentrations, spaced evenly above and below the previously
determined chronic toxic effect value, and a control, shall be
tested.
(1) The number of replicates
per concentration and the number of organisms per replicate will
depend on the species being tested in accordance with the EPA
protocol.
d. Chronic testing will also
follow the requirements listed in §§ 1.29(I)(4)(c) through
(e) of this Part.
e. Using the data from all
sets of replicates, the No Observed Effect Concentration (NOEC),
Lowest Observed Effect Concentration (LOEC), and Maximum Acceptable
Toxicant Concentration (MATC) for each species tested in the lab
water tests, relative to each toxicant of concern, for each of the
three testing occasions. The results of the laboratory water test
obtained for each testing occasion are compared with the National
chronic value to determine the validity of these site specific tests.
f. Using the data from all
sets of replicates, the No Observed Effect Concentration (NOEC),
Lowest Observed Effect Concentration (LOEC), and Maximum Acceptable
Toxicant Concentration (MATC) shall be obtained for each species
tested in the MSSTP effluent, relative to each toxicant of concern
for each of the valid testing occasions.
g. Species-specific water
effect ratios shall be calculated for each of the valid occasions by
dividing the chronic value from the laboratory water test into the
chronic value from the MSSTP effluent test.
h. Two species-specific final
WERs shall be calculated as the geometric mean of the valid WERs
(from each species).
(1) If the two
species-specific WERs are not significantly different (confidence
limits overlap), then the final site specific WER is the geometric
mean of these two WERs. If the two species-specific final WERs are
significantly different from each other, then the WER from the most
sensitive species shall be the final site specific WER.
i. If the final site specific
WER is not significantly different from a value of one (1.0), then
the National chronic criteria equals the site specific chronic
criteria. If the final site specific WER is significantly different
from a value of one (1.0), the site specific Chronic Criteria can be
calculated by multiplying the final site specific WER by the National
Freshwater Chronic Criteria Formula or the National Saltwater Chronic
Criteria, as appropriate.
j. The Director may determine
not to use all of the valid testing occasions to calculate the final
site specific WER if necessary to protect aquatic life.
K. Permit Limits and
Requirements
1. The information obtained
from the three testing occasions will be reviewed by RIDEM to
determine the Final Site Specific criteria for each parameter
evaluated.
2. If the results from these
test procedures do not change the National criteria, the National
criteria would apply to all dischargers on the waterbody and would be
used to derive permit limits where necessary. Chemical specific
limits will be developed for those pollutants which would cause an
excursion above the National criteria and will be incorporated into
permits on a case-by-case basis.
a. Dischargers would be
required to redesign their facility, if necessary, to ensure
compliance with the National criteria and permit limits. Bioassay
monitoring requirements and whole effluent toxicity (WET) limits may
be developed and incorporate into permits, as necessary, based on
previous bioassay test results, continual toxicity during compliance
monitoring and new data from dilution studies.
3. If the results from these
test procedures justify changing the National criterion to a site
specific criterion, these new ambient criteria would apply to all
dischargers on within the designated site and would be used to derive
permit limits.
a. For freshwaters, the site
specific criteria will be established by multiplying the National
criteria, determined at the hardness anticipated during the design
receiving water flow, by the final water effect ratio(s).
b. These permits may include
chemical specific limits and/or whole effluent toxicity limits. Whole
effluent toxicity limits and specifics of bioassay monitoring
requirements will be based on previous bioassay test results,
continual toxicity during compliance monitoring and new data from
dilution studies.
4. If toxicity testing is
incorporated into a permit,
a. Facilities with 20:1, or
less dilution may be required to conduct chronic toxicity tests.
b. Facilities with a
20.1-100:1 dilution may be required to conduct acute tests.
c. Facilities with greater
than 100:1 dilution may also be required to conduct acute toxicity
tests.
d. WET limits may be developed
based on EPA's acute and/or chronic Toxic Units Method although
meeting a minimum LC50 may be required if best professional judgement
deems it is necessary.
e. Toxicity Identification
Evaluations (TIE) and Toxicity Reduction Evaluations (TRE) may be
required of any discharger if bioassay compliance monitoring
indicates continual toxicity.
f. Bioassessment studies may
be required to ensure the integrity of the instream aquatic
community.