250-RICR-150-05-4
250-RICR-150-05-4. Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (version Amendment, 07/12/2012 to 11/19/2014)
Groundwater Discharge Rules, June 2012
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Office of Water Resources
RULES FOR THE DISCHARGE OF NON-SANITARY WASTEWATER
AND OTHER FLUID
TO OR BELOW THE GROUND SURFACE
June 2012
[Groundwater Discharge Rules]
AUTHORITY: These rules are adopted in accordance with Chapter 42-35 pursuant to Chapters 46-12,
46-13.1, 42-17.1, and 42-17.6 and of the Rhode Island General Laws of 1956, as amended.
Groundwater Discharge Rules, June 2012
TABLE OF CONTENTS
RULE 1. PURPOSE …..............................................................................................................................1
RULE 2. AUTHORITY………………………………………………………………………………….1
RULE 3. LIBERAL APPLICATION……………………………………………………………………1
RULE 4. APPLICABILITY …………………………………………………………………………….1
RULE 5. DEFINITIONS………………………………………………………………………………...2
RULE 6. UNDERGROUND INJECTION CONTROL (UIC) WELLS………………………………...3
RULE 7. PROHIBITIONS………………………………………………………………………………6
RULE 8. CONDITIONS FOR APPROVAL…………………………………………………………….6
RULE 9. GROUNDWATER DISCHARGE SYSTEM REGISTRATION……………………………..8
RULE 10. GROUNDWATER DISCHARGE SYSTEM APPROVAL…………………………………10
RULE 11. STORMWATER DISCHARGE SYSTEM REGISTRATION……………………………...13
RULE 12. EXPIRATION OF EXISTING UIC REGISTRATION OR ORDER OF APPROVAL…….15
RULE 13. TEMPORARY GROUNDWATER DISCHARGE SYSTEM APPROVAL………………..15
RULE 14. COMPLIANCE MONITORING OF A GROUNDWATER DISCHARGE………………...16
RULE 15. MODIFICATION OF A GROUNDWATER DISCHARGE SYSTEM APPROVAL………18
RULE 16. TRANSFER OF A GROUNDWATER DISCHARGE SYSTEM APPROVAL……………19
RULE 17. TEMPORARY CESSATION OF A GROUNDWATER DISCHARGE……………………20
RULE 18. TERMINATION AND CLOSURE OF A GROUNDWATER DISCHARGE SYSTEM…..20
RULE 19. FEES…………………………………………………………………………………………22
RULE 20. ENFORCEMENT…………………………………………………………………………....23
RULE 21. APPEALS……………………………………………………………………………………23
RULE 22. SUPERSEDED RULES AND REGULATIONS……………………………………………23
RULE 23. SEVERABILITY…………………………………………………………………………… 23
RULE 24. PENALTIES…………………………………………………………………………………24
RULE 25. EFFECTIVE DATE…………………………………………………………………………24
Groundwater Discharge Rules, June 2012
Page 1 of 24
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Office of Water Resources
RULES FOR THE DISCHARGE OF NON-SANITARY WASTEWATER AND OTHER
FLUID TO OR BELOW THE GROUND SURFACE
RULE 1. PURPOSE
It is the purpose of these rules to protect and preserve the quality of the groundwater of the State of Rhode
Island (the “State”) and to prevent contamination of groundwater resources from the discharge of non-
sanitary wastewater or other fluid to or below the ground surface. It is thereby the policy of the
Department of Environmental Management that the discharge of non-sanitary wastewater or other fluid
and the associated groundwater discharge system shall be located, designed, constructed, installed,
operated, monitored and closed in a manner to prevent such contamination and to protect public health
and groundwater quality for current or potential beneficial uses, including use as an underground source
of drinking water.
RULE 2. AUTHORITY
These rules are adopted pursuant to the requirements and provisions of Chapter 46-12, Water Pollution;
Chapter 46-13.1, Groundwater Protection; Chapter 42-17.1, Environmental Management; Chapter 42-
17.6, Administrative Penalties for Environmental Violations; in accordance with Chapter 42-35,
Administrative Procedures of the Rhode Island General Laws of 1956. These rules are in conformance
with the requirements of applicable federal regulations in Chapter 40 of the Code of Federal Regulations,
Parts 144, 145, 146, 147 and 148 and 124. Specific delegation from the U.S. Environmental Protection
Agency to the State of Rhode Island is outlined within 40 CFR §147.2000 (with citation to the federal
Safe Drinking Water Act, 49 FR 30699, August 1, 1984, as amended at 53 FR 43090, October 25, 1988).
RULE 3. LIBERAL APPLICATION
The terms and provisions of these rules shall be liberally construed to allow the Department to effectuate
the purposes of State and federal laws, goals and policies.
RULE 4. APPLICABILITY
4.1
These rules apply to the location, design, construction, installation, operation, monitoring and
closure of a groundwater discharge of non-sanitary wastewater or other fluid that is piped or otherwise
designed to discharge to or below the ground surface through a groundwater discharge system, whether
proposed or currently or previously in use. This includes injection wells regulated under the Underground
Injection Control Program pursuant to the federal Safe Drinking Water Act.
4.2
Obligations of facility owners and facility operators hereunder shall be joint and several.
4.3
These rules shall be construed in harmony with other State and federal rules, regulations and
standards. Nothing in these rules shall affect the power and duty of the Director to issue or require any
form of action pursuant to any other regulatory program administered or enforced by the Department.
4.4
Nothing in these rules shall affect the power and duty of the Director to issue an immediate
compliance order or take any other action pursuant to the Rhode Island General Laws.
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Page 2 of 24
RULE 5. DEFINITIONS
For the purposes of these rules, the following words and phrases shall have the following meanings:
“Abandoned” means a groundwater discharge system for which its use has been permanently
discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose.
Temporary or intermittent cessation of operation does not constitute abandonment.
“Aquifer” means a geologic formation, group of formations or part of a formation that contains sufficient
saturated, permeable material to yield significant quantities of water to drinking water wells and springs.
“Department” or “RIDEM” means the Rhode Island Department of Environmental Management.
“Director” means the Director of the Department of Environmental Management or any authorized
designee to whom the Director has delegated the vested powers and duties pursuant to the Rhode Island
General Laws.
“Drywell” means a well, completed above the groundwater table so that its bottom and sides are typically
dry except when receiving fluids.
“Facility” means any parcel of real estate or a contiguous series of parcels of real estate together with any
and all structures, facility components, improvements, fixtures and other appurtenances located therein or
thereon which constitutes a distinct geographic unit.
“Floor Drain” means an opening or intended drainage point in a floor that serves as a point of entry into a
groundwater discharge system.
“Fluid” means any material or substance that flows or moves whether liquid, gas, semi-solid or any other
form or state. Fluids may include, for example, water, for beneficial use projects such as aquifer storage
or recharge, or wastewater.
“Formation” means a body of rock characterized by a degree of lithologic homogeneity which is
prevailingly tabular and is mappable on the earth’s surface or traceable in the subsurface.
“Geologic Sequestration” means the process of injecting carbon dioxide (CO2), which has been
compressed into a liquid state, into the deep subsurface. Geologic sequestration refers to a suite of
technologies that may be deployed to reduce CO2 emissions to the atmosphere to help mitigate climate
change.
“Groundwater” means the water located beneath the ground surface which completely fills the open
spaces between particles of sediment and within rock formations.
“Groundwater Discharge” means the disposal, deposit or placement of non-sanitary wastewater or other
fluid below the ground surface. Groundwater discharge shall also mean the disposal, deposit, or
placement of non-sanitary wastewater or other fluid to the ground surface in a manner and location where
it may adversely impact the groundwater resources of the State.
“Groundwater Discharge System” means a discharge system that is piped or otherwise designed,
constructed, installed and operated so as to infiltrate or inject a groundwater discharge of non-sanitary
wastewater or other fluid to or below the ground surface, including a drywell, injection well, stormwater
discharge system, subsurface fluid distribution system or open-end pipe.
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“Groundwater Table” means the upper surface of the zone of saturation in an unconfined aquifer; includes
a perched groundwater table.
“Hazardous Waste” means any waste or material, either a characteristic waste or a specific listed waste, as
defined in the Code of Federal Regulations (CFR), Title 40 - Protection of Environment, Rule 261.3 or
the Rhode Island Hazardous Waste Management Act, Title 23, Chapter 19.1.
“Injection Well” means a well, or subsurface fluid distribution system, regulated under the federal
Underground Injection Control Program, and these rules, that is used or intended to be used to discharge
wastewater or other fluid below the ground surface.
“Motor Vehicle Waste Disposal Well” means a well that receives or has received wastewater or other
fluid from an area where the repair, maintenance or servicing of motor vehicles occurs or has occurred,
including, without limitation, fluid from a motor vehicle engine or body repair shop, a specialty or
recreational vehicle repair shop, a new or used car or truck dealership or any other facility that repairs or
maintains vehicles whether services are offered to the public or not. Motor Vehicle Waste Disposal Wells
also drain vehicle washing areas where the wash bay is not physically separated from a motor vehicle
maintenance area or where engine or undercarriage cleaning is performed. Motor Vehicles include
automobiles, buses, trucks, trains, powerboats, motorcycles, farm machinery, aircraft, lawn care and
landscaping equipment, heavy equipment, recreational vehicles such as snowmobiles, all terrain vehicles
and jet skis, and any other motorized vehicle.
“Operator” means any person or persons having control or legal responsibility for operating or
maintaining any facility or site subject to regulation under these rules.
“Owner” means the owner and/or operator of any facility subject to regulation under these rules or any
person who holds legal title to or has possession or control of any real property subject to regulation
under these rules through any agent, executor, executrix, administrator, trustee or guardian of the estate of
the holder of legal title. Each such person is bound to comply with the provisions of these rules.
“Person” means an individual, trust, estate or firm, a public, quasi-public or private corporation, a
partnership, association, non-profit, federal, state or municipal government or any of their agencies or any
other legal entity whatsoever.
“Point of Discharge or Injection” means the last accessible sampling point of a groundwater discharge
system, prior to disposal of wastewater or other fluid to or below the ground surface.
“Pollutant” means a liquid, gaseous, solid, radioactive or other substance in any water of the State which
may, either by itself or in connection with any other substance, create a public nuisance or which may
render such water harmful, detrimental or injurious to public health or the environment or to domestic,
commercial, industrial, agricultural, recreational or other legitimate beneficial uses.
“Sanitary Wastewater” means any liquid or solid waste originating from human and animal activities,
putrescible animal or vegetable matter or garbage and filth, including but not limited to, wastes collected
from toilets, showers, wash basins, sinks used for cleaning domestic areas and/or food preparation,
clothes washing or floor cleaning operations and sinks or washing machines where food and beverage
serving dishes, glasses and utensils are cleaned.
“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.
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“Stormwater” means water from precipitation runoff or snow melt.
“Stormwater Discharge System” means a groundwater discharge system used to infiltrate stormwater.
“Subsurface Fluid Distribution System” means a federal term synonymous with groundwater discharge
system.
“UIC” means the Underground Injection Control Program.
“Wash Sink” means a structure such as a sink, basin or washbowl that receives wastewater from hand
washing and other uses and serves as a point of entry into a groundwater discharge system.
“Wastewater” means non-sanitary wastewater.
“Well” means a bored, drilled or driven shaft, or a dug hole, which is deeper than the widest surface
dimension, and is designed to discharge wastewater or other fluid below the ground surface. This includes
a subsurface fluid distribution system, holes drilled and cased with pipe, as well as infiltration galleries
consisting of one or more vertical pipes leading to an array of horizontal, perforated pipes laid below the
ground surface.
RULE 6. UNDERGROUND INJECTION CONTROL (UIC) WELLS
The Underground Injection Control Program is a federal program administered by the Environmental
Protection Agency (EPA) and the Department under the federal Safe Drinking Water Act and is designed
to protect groundwater resources from the subsurface disposal of hazardous and non-hazardous
wastewater or other fluid through injection wells. The following classifications are used to define the five
classes of injection wells regulated by the program based on their use. Note: Class I-III injection wells are
prohibited in Rhode Island; Class IV injection wells are allowed only in accordance with Rule 10.1.2;
Class V wells include injection wells other than Classes I-IV and, with Class IV wells, are groundwater
discharge systems subject to all requirements of these rules.
6.1
Class I wells are used by generators of hazardous waste or owners or operators of hazardous waste
management facilities to inject hazardous waste, by municipalities to inject municipal wastewater, by
industries to inject non-hazardous industrial waste, and for injection of radioactive fluids. These are deep
wells that inject fluids below the lowermost formation containing groundwater.
6.2
Class II wells are used to inject fluids that are brought to the surface in connection with natural gas
storage operations or conventional oil or natural gas production, to enhance recovery of oil or natural gas
and for storage of hydrocarbons that are liquid at standard temperature and pressure.
6.3
Class III wells are used to inject fluids for the extraction of minerals including mining of sulfur by
the Frash process, in-situ production of uranium or other metals from ore bodies that have not been
conventionally mined and for the solution mining of salts or potash.
6.4
Class IV wells are used to inject hazardous or radioactive waste into or above the lowermost
formation containing groundwater and to discharge solutions to remediate contamination in-situ or to
discharge contaminated groundwater that has been treated and is being discharged into the same
formation from which it was drawn, pursuant to provisions of clean-up of releases under the federal
CERCLA or RCRA programs or state clean-up program delegated these federal authorities.
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6.5
Class V wells are those wells not included in Classes I-IV that inject wastewater or other fluid,
other than hazardous waste, directly below the ground surface and have a variety of uses including, but
not limited to, the following:
6.5.1 Wells used to discharge wastewater from the cultivation of marine and freshwater animals
and plants, including wastewater drained directly from tanks and ponds, and from filtration
systems, sludge removal processes and cleaning operations;
6.5.2
Wells used to replenish the water in an aquifer or for secondary purposes such as
prevention of salt water intrusion into fresh water aquifers, subsidence control or aquifer storage
and recovery;
6.5.3
Wells used to store potable water in an aquifer and to recover the stored water from the
same well for beneficial use or for secondary purposes such as subsidence control or prevention
of saline intrusion;
6.5.4
Wells used to discharge spent geothermal fluid (e.g. groundwater or other fluid) associated
with the extraction of heat, or as a heat sink to carry off excess heat when cooling buildings,
through a ground-source heat pump/air conditioning system or direct-heat application, or for the
production of electric power;
6.5.5
Wells used to discharge a mixture of water and sand, mill tailings or other materials into
mined out portions of underground mines;
6.5.6
Wells used to discharge non-contact cooling water that contains no additives and has not
been chemically altered;
6.5.7
Wells used to inject water into fresh water aquifers to prevent intrusion of salt water into
fresh water. These wells may have secondary purposes, such as aquifer recharge;
6.5.8
Wells used to discharge a variety of fluids that cannot otherwise be classified as
stormwater;
6.5.9
Wells used to inject fluid into a non-oil or gas-producing zone to reduce, eliminate or
control subsidence.
6.5.10 Wells used to drain rainwater and melted snow from impervious surfaces;
6.5.11 Wells used for beneficial purposes associated with the control of groundwater
contamination, including the introduction of remediation agents into contaminated aquifers to
neutralize the contamination, to increase groundwater flow through a contaminant zone in an
aquifer to aid in contaminant removal, to form hydraulic barriers to contain a contaminant plume,
and to re-inject treated groundwater from an on-site pump-and-treat system;
6.5.12 Wells used to discharge motor vehicle washwater that was used to wash only the exterior
of vehicles;
6.5.13 Wells used to test new technologies, if the technology cannot be considered under an
established well subclass (e.g., a pilot test related to geologic sequestration of carbon dioxide
would be considered experimental, however, a well used for experimental bioremediation would
be classified as aquifer remediation); and
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6.5.14 Wells used to discharge wastewater resulting from a variety of commercial, industrial,
institutional or utility processes or activities.
RULE 7. PROHIBITIONS
7.1
No person shall construct, install, alter, repair, expand, operate, maintain or close a groundwater
discharge system unless or until such activity is authorized in accordance with these rules.
7.2
No person shall discharge any wastewater or other fluid into or through a Class I, II or III injection
well, as described in Rule 6.1- 6.3.
7.3
No person shall discharge any wastewater or other fluid into or through a Class IV well, as
described in Rule 6.4, except as otherwise provided in Rule 10.1.2.
7.4
No person shall discharge any wastewater or other fluid through a floor drain or wash sink to a
groundwater discharge system, if the discharge results from the activities or facilities identified in Rule
7.4.1 through 7.4.3. Any existing floor drain or wash sink associated with these activities shall be closed
in accordance with Rule 18.
7.4.1
Work areas associated with a Motor Vehicle Waste Disposal Well;
7.4.2
Manufacturing process or chemical storage or handling areas; or
7.4.3
Any facility located in the wellhead protection area of a community water supply well as
defined in the RIDEM Groundwater Quality Rules.
7.5
No person shall commingle stormwater, sanitary wastewater or any unauthorized chemical or
chemical product with a groundwater discharge authorized under these rules.
7.6
No person shall discharge to a groundwater discharge system any wastewater or other fluid
containing a pollutant, except as otherwise provided in Rule 7.3, if the presence of that pollutant may
cause or contribute to a violation of a primary drinking water regulation under the federal Safe Drinking
Water Act or a groundwater quality standard established by the RIDEM Groundwater Quality Rules or
which may adversely impact the groundwater resources of the State.
7.7
No person shall design, construct, install, locate, operate or close any groundwater discharge system
in a manner that violates any State or federal law, rule or regulation.
RULE 8. CONDITIONS FOR APPROVAL
8.1 The owner of a facility with a proposed groundwater discharge shall obtain authorization from the
Director pursuant to these rules prior to construction and installation of a groundwater discharge system.
Compliance with all requirements of a Groundwater Discharge System Registration or Approval and
these rules is required prior to commencement of any groundwater discharge system operation. The
owner shall comply with any State or federal requirement that is more stringent than these rules, where
applicable.
Groundwater Discharge Rules, June 2012
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8.2
A Registration or Approval shall be issued only for those facilities in which the groundwater
discharge system is designed, constructed, installed, located, operated and monitored so as to prevent
adverse impact to the groundwater resources of the State or a violation of these rules or any other State or
federal law, rule or regulation.
8.3
A Registration or Approval issued pursuant to these rules shall not be construed to authorize any
groundwater discharge that violates any requirement of these rules.
8.4
A Registration or Approval shall not be issued if the Director determines that another treatment or
disposal method that affords better protection of the groundwater resources is reasonable and available.
8.5
Authorization of a groundwater discharge system shall not authorize any injury to persons or
property or invasion of other property rights or any infringement of other State or federal laws, rules or
regulations.
8.6
Any application or other information submitted to the Director pursuant to these rules, with
exception for Rule 18.3, and any required technical information or technical reports subsequently
submitted that are significantly different from the original application, shall be prepared by or under the
direction, and bear the seal, of a Professional Engineer (P.E.) registered with the Rhode Island State
Board of Registration for Professional Engineers. A Professional Engineer registered in Rhode Island
after December 31, 1994 must be registered as a Civil or Environmental Engineer.
8.7 Any application submitted to the Director pursuant to these rules shall be signed by the owner of
the facility or as follows:
8.7.1
For a corporation: by a principal executive officer of at least the level of vice-president or a
duly authorized representative of the facility. A person is a duly authorized representative of the
facility and its owner(s) if the authorization is made in writing by the legal signatory, specifies an
individual or position having responsibility for the overall operation or is submitted to the Director
either prior to or with documents signed by the authorized representative;
8.7.2
For a partnership or sole proprietor: a general partner or proprietor or a representative
authorized in writing by a general partner or proprietor, respectively; or
8.7.3
For a state, federal, municipal or quasi-public agency: an office director, department
director or authorized representative thereof or ranking elected official.
8.8
Applicable Fees: Any application submitted to the Director pursuant to these rules shall be
accompanied by a fee in accordance with Rule 19.
8.9
Complete and Acceptable Application: An application shall be considered complete and acceptable
when all required information has been submitted, including any application, report, plan, map and any
other information required by the Director and all fees have been paid in accordance with Rule 19. The
Director shall not consider any incomplete application for an activity regulated under these rules.
8.10 Application Closure: An application for a Registration or Approval submitted under Rules 9-11
shall be considered closed when the owner of a proposed groundwater discharge system fails to respond
to any deficiency identified by the Department within one (1) year of the date the deficiency letter is
issued. Once an application is closed, a new application shall be required.
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8.11 Other Information: When the owner becomes aware any relevant facts were not submitted in an
application, report or other required submittal or that incorrect information was submitted in an
application, report or other required submittal, such updated information shall be immediately submitted
to the Director.
8.12 The owner shall at all times maintain sufficient financial resources to allow for the proper closure
of a groundwater discharge system in accordance with Rule 18. A surety bond may be required for
submission with an application at the discretion of the Director.
8.13 The owner shall comply at all times with the terms and conditions of a Registration or Approval
issued pursuant to these rules.
8.14 Considerations under Federal Law: A Registration or Approval issued pursuant to these rules for a
groundwater discharge described in Rules 6.4 - 6.5 shall contain conditions consistent with requirements
of applicable federal laws, rules and regulations and shall constitute compliance with Part C of the federal
Safe Drinking Water Act.
RULE 9. GROUNDWATER DISCHARGE SYSTEM REGISTRATION
9.1
The owner of a facility with a proposed groundwater discharge identified in Rule 9.1.1 - 9.1.3 shall
obtain a Groundwater Discharge System Registration prior to the construction and installation of a
groundwater discharge system and shall comply with all requirements of Rule 9. This rule does not apply
to groundwater discharge systems subject to Rule 10 or Rule 11. Upon review of an application for
registration, the Director may determine that due to the nature of the proposed groundwater discharge, the
owner shall apply for and obtain a Groundwater Discharge Approval pursuant to Rule 10.
9.1.1
A groundwater discharge of wastewater or other fluid, including, but not limited to, Class V
injection wells identified in Rule 6.5.1 - 6.5.9, which are associated with a commercial, industrial or
institutional activity that does not have contact with any chemical process(es). Registration may
be waived for a discharge to the ground surface where the Director has determined that the
discharge will not result in an impact to groundwater resources or cause or contribute to a
violation of these rules;
9.1.2
A groundwater discharge associated with open-loop geothermal activities at commercial,
industrial, institutional or service facilities. The owner shall comply with the requirements of Rule
9.3; or
9.1.3
Any other groundwater discharge associated with an activity that the Director has
determined may adversely impact the groundwater resources of the State.
9.2
Residential Geothermal System: The construction and installation of a residential open-loop
geothermal system is exempt from the registration requirement under this rule. The owner of such system
shall comply with the requirements in Rule 9.3.
9.3
Open-Loop Geothermal Activities: The owner of a groundwater discharge system subject to Rule
9.1.2 or 9.2 shall comply with the following:
9.3.1 All open-loop geothermal well construction and installation activities shall be conducted by
a well driller registered or licensed pursuant to the RIDEM Rules and Regulations Governing the
Enforcement of Chapter 46-13.2 Relating to the Drilling of Drinking Water Wells or other
applicable Rhode Island statute;
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9.3.2
A RIDEM Well Completion Report shall be submitted to the Director within 30 days of
completion of construction and installation of each open-loop geothermal well(s); and
9.3.3
All open-loop geothermal well closure activities shall be completed pursuant to the RIDEM
Groundwater Quality Rules.
9.4
Registration Requirements: The owner shall submit to the Director an Application for a
Groundwater Discharge System Registration prepared in accordance with Rule 8, the information listed in
Rule 9.4.1 and 9.4.2 and any other information required by the application or the Director.
9.4.1
Certification: The application shall include a certification, prepared in accordance with
Rule 8.7, indicating that:
(A)
No other wastewater or other fluid shall be mixed with the proposed groundwater
discharge;
(B)
No contamination of soil or groundwater is present that will be impacted by the
proposed groundwater discharge. The owner shall immediately notify the Director if soil or
groundwater contamination is discovered after initial registration and certification
information is submitted or upon site development; and
(C)
All proposed groundwater discharge systems and associated devices shall be
designed, constructed, installed, located, operated, maintained and closed in a manner that
protects groundwater quality from accidentally or illicitly disposed wastewater or other
fluid.
9.4.2
Groundwater Elevation: The application for any groundwater discharge identified in
Rule 9.1.1 and 9.1.3 shall include a determination of the seasonal high groundwater table
elevation in accordance with Rule 10.2.1.
9.5
Analytical Characterization for Geothermal Activities: The owner of a groundwater discharge
system subject to 9.1.2 shall submit to the Director, prior to system start-up and no later than 30 days
from the date of completion of construction and installation of the well(s), an analytical characterization
of the groundwater quality at the location of the groundwater discharge system, performed in accordance
with Rule 14.2.
9.6
The Director may, at any time, require the owner of a facility with a groundwater discharge system
authorized under this rule to submit analytical characterization of a groundwater discharge, or other
information, to determine if the groundwater discharge has or may adversely impact the groundwater
resources or cause or contribute to a violation of these rules. If the Director determines that the
groundwater discharge or the groundwater discharge system characterized under Rule 9.5 or 9.6 does not
meet the requirements for continued authorization under this rule, the owner, if eligible, may apply for a
Groundwater Discharge System Approval within 30 days of the determination, in accordance with Rule
10, or may be required to close the groundwater discharge system in accordance with Rule 18.
9.7
Notification of Completion of Construction and Installation: A written notification shall be
submitted to the Director within 30 days after completion of construction and installation of a
groundwater discharge system, confirming that construction and installation has been completed in
accordance with the approved application and associated plans.
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9.8 Expiration of Registration: A Registration issued under these rules for a groundwater discharge
system that has not been constructed and installed shall expire 5 years from the date of issuance unless
extended by a tolling period pursuant to Chapter 42-17.1-2.5 of the Rhode Island General Laws. Once a
Registration is expired, a new application shall be submitted for any proposed activity subject to these
rules.
9.9 Proposed Changes: Where alteration, expansion, or other changes as described in Rule 15.1 are
proposed for a groundwater discharge system authorized under Rule 9, the owner shall submit an
Application to Modify a Groundwater Discharge System Registration to the Director and shall include a
narrative description of the proposed change to the groundwater discharge or the groundwater discharge
system and any other information required by the Director. The Director may also require modification at
any time, if new information that was not available at the time of issuance of a Groundwater Discharge
System Registration would have justified the application of additional or different conditions.
9.10 Closure Requirements: Prior to closure of a groundwater discharge authorized under Rule 9, the
owner shall submit to the Director, a Notice of Termination of Discharge, in accordance with Rule 18.2,
and any other information required by the Director. The owner of a groundwater discharge system that
requires authorization under Rule 9 and has been operating without a Department approval shall
immediately notify the Director and may be required to cease the groundwater discharge and initiate
closure activities in accordance with Rule 18.
RULE 10. GROUNDWATER DISCHARGE SYSTEM APPROVAL
10.1 The owner of a facility with a proposed groundwater discharge identified in Rule 10.1.1 - 10.1.3,
shall obtain a Groundwater Discharge System Approval prior to the initiation of construction and
installation of a groundwater discharge system and shall comply with all requirements of Rule 10 unless
the groundwater discharge system is eligible for an application waiver pursuant to Rule 10.3.
10.1.1 A groundwater discharge of wastewater or other fluid, including, but not limited to Class V
injection wells identified in Rule 6.5.11 – 6.5.14, which are associated with a commercial,
industrial or institutional activity not eligible for registration under Rule 9;
10.1.2 A groundwater discharge of contaminated groundwater that has been treated and is being
discharged into the same formation from which it was drawn, through a Class IV well, if the
discharge is approved by the U.S. Environmental Protection Agency, or the Director, pursuant to
the provision for the cleanup of releases under the federal Comprehensive, Environmental
Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C 9601-9675 or pursuant to
requirements and provisions under the Resource Conservation and Recovery Act (RCRA), 42
U.S.C. 6901-6992k; or
10.1.3 Any other groundwater discharge associated with an activity that the Director has
determined may adversely impact the groundwater resources of the State.
10.2 Application Requirements: Except as otherwise provided in Rule 10.3, the owner of a facility with a
proposed groundwater discharge shall submit to the Director an Application for a Groundwater Discharge
System Approval prepared in accordance with Rule 8 and any other information required by the
application or the Director, including at minimum, the following:
10.2.1 Groundwater Table Elevation: A determination of the seasonal high groundwater table
elevation, completed by:
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(A)
A Class IV Soil Evaluator licensed and conducted pursuant to the RIDEM Rules and
Regulations Establishing Minimum Standards Relating to Location, Design, Construction
and Maintenance for Onsite Wastewater Treatment Systems; or
(B)
A Class IV Soil Evaluator or a RI Professional Engineer using the following general
method: the collection of groundwater levels and other data, during the months of March
through May, from test holes located within 25 feet of the groundwater discharge system,
pursuant to the wet season determination procedures in the RIDEM Rules and Regulations
Establishing Minimum Standards Relating to Location, Design, Construction and
Maintenance for Onsite Wastewater Treatment Systems;
10.2.2 Operation and Maintenance Plan: A plan for the proper operation and maintenance of the
groundwater discharge system containing:
(A)
The name, address and daytime telephone number of the owner, operator or other
representative who shall be responsible for maintenance;
(B)
A schedule that ensures that the groundwater discharge system, including all
treatment and infiltration systems, devices, structures and monitoring equipment shall be
maintained in good operating order at all times as necessary to maintain optimal design
performance;
(C)
A schedule for the disposal of all material to be removed from the groundwater
discharge system, indicating the frequency and method of disposal and subsequent
submittal to the Director of manifests, bills of lading and/or disposal receipts, in accordance
with appropriate State and federal rules and regulations;
(D)
A schedule for annual notification to the Director of any groundwater discharge
system repair, operational problem and spill or release of fluid that may have entered the
groundwater discharge system during the previous 12-month period, including any
subsequently reported action under Rule 14.7-14.8; and
(E)
A description of the immediate response activities to be performed in the event of a
spill or release to the groundwater discharge system in accordance with Rule 14.8;
10.2.3 Monitoring of Groundwater Discharge: A proposal for characterization of the groundwater
discharge at the site, including:
(A)
A schematic indicating the location of the groundwater discharge sampling point(s);
(B)
The frequency of groundwater discharge sampling and the applicable sampling
parameters; and
(C)
Any other pertinent information related to monitoring of the groundwater discharge;
10.2.4 Monitoring of Groundwater: A proposal for characterization of the ambient groundwater
quality at the facility, including:
(A)
The construction and installation of a minimum of 3 groundwater monitoring wells:
no less than one well located hydraulically up-gradient of the groundwater discharge
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system and no less than two wells located hydraulically down-gradient of the groundwater
discharge system;
(B)
The frequency of groundwater sampling and the applicable sampling parameters;
(C)
A site plan indicating the location and identification number of each groundwater
monitoring well; and
(D)
Any other pertinent information related to groundwater quality monitoring at the site;
10.2.5 Closure Plan: A plan for closure of the groundwater discharge system, detailing the on-site
activities and procedures that will be performed to complete closure of the system in accordance
with Rule 18 (e.g. excavation, sampling, etc.) in the event of termination of the groundwater
discharge.
10.3 Waiver of Application Submittal: The Director shall waive the requirement to submit applications
for a proposed groundwater discharge defined in Rule 6.4 and 6.5.11 and any similarly defined discharges
to the ground surface provided the groundwater discharge system is reviewed by the RIDEM Office of
Waste Management as part of clean-up activities at a site. The owner of a facility with a proposed
groundwater discharge system that is eligible for an application waiver must be in compliance with all
other applicable provisions of these rules. Approval from the RIDEM Office of Waste Management for
these discharges shall constitute approval pursuant to these rules.
10.4 Notification of Completion of Construction and Installation: The owner shall submit to the Director
within 30 days after completion of construction and installation of a groundwater discharge system and
groundwater monitoring wells subject to this rule, the following:
10.4.1 A written notification that the construction and installation of the groundwater discharge
system has been completed in accordance with the approved application and associated plans; and
10.4.2 Groundwater monitoring well boring logs and construction and installation details for wells
installed after issuance of the Groundwater Discharge System Approval.
10.5 Analytical Characterization: The owner shall submit to the Director within 30 days after
commencement of operation of a groundwater discharge system, a complete set of compliance monitoring
results as required by the Groundwater Discharge System Approval. All compliance monitoring required
by a Groundwater Discharge System Approval or the Director shall be performed in accordance with
Rule 14.
10.6 Expiration of Approval: An Approval issued under these rules for a groundwater discharge system
that has not been constructed and installed shall expire 5 years from the date of the issuance of the
Groundwater Discharge System Approval unless extended by a tolling period pursuant to Chapter 42-
17.1-2.5 of the Rhode Island General Laws. Once an approval is expired, a new application shall be
submitted for any proposed activity subject to these rules.
10.7 Proposed Changes: Where alteration, additions, expansion or other changes as described in Rule 15
are proposed for a groundwater discharge system authorized under Rule 10, the owner shall submit an
Application for Modification of a Groundwater Discharge System Approval to the Director and shall
include a narrative description of the proposed changes to the groundwater discharge or the groundwater
discharge system and any other information required by the Director. The Director may also require
modification at any time, if new information that was not available at the time of issuance of a
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Groundwater Discharge System Approval would have justified the application of additional or different
conditions.
10.8 Termination of Approval: A Groundwater Discharge System Approval may be terminated for the
following:
10.8.1 Unauthorized or improper use of a groundwater discharge system;
10.8.2 Failure to comply with the Groundwater Discharge System Approval, these rules or any
other applicable laws, rules or regulations; or
10.8.3 Where the Director has determined that the groundwater discharge has or may adversely
impact the groundwater resources or cause or contribute to a violation of these rules. The Director
may halt construction and installation or operation of a groundwater discharge system upon receipt
of information that the groundwater discharge may cause or contribute to a violation of a primary
drinking water regulation under the federal Safe Drinking Water Act, a groundwater quality
standard established by the RIDEM Groundwater Quality Rules or any other State or federal laws,
rules or regulations, or which may adversely impact the groundwater resources.
10.9 Closure Requirements: Prior to closure of a groundwater discharge system authorized under Rule
10, the owner shall submit to the Director, an Application for Closure of a Groundwater Discharge
System, in accordance with Rule 18, and any other information required by the Director.
The owner of a groundwater discharge system that requires authorization under Rule 10 and has been
operating without a Department approval shall immediately notify the Director and may be required to
cease the groundwater discharge and initiate closure activities in accordance with Rule 18.
RULE 11. STORMWATER DISCHARGE SYSTEM REGISTRATION
11.1 The owner of a facility with a proposed injection well identified in Rule 6.5.10 or a proposed
stormwater discharge system shall obtain a Stormwater Discharge System Registration prior to initiation
of construction and installation activities and shall comply with all requirements of Rule 11. The design,
selection and placement of appropriate means of discharge and/or pretreatment for any stormwater
discharge system regulated under Rule 11 shall adhere to the Rhode Island Stormwater Design and
Installation Standards Manual.
11.2 Exemption from Registration: The following activities are exempt from registration under these
rules:
11.2.1 Stormwater from any residential lot, which is infiltrated onto the same property, for any
project proposed to infiltrate stormwater from <10,000 square feet of impervious area; or
11.2.2 Stormwater from any land use that is not a Land Use of Higher Potential Pollutant Load
that is delivered through permeable pavement, filtering systems or open channel systems provided
that the practices are designed, installed and maintained in accordance with the Rhode Island
Stormwater Design and Installation Standards Manual; or
11.2.3 Stormwater delivered through infiltration basins or surface infiltration trenches where the
design is approved or deemed non-jurisdictional by RIDEM or the Rhode Island Coastal Resources
Management Council (RICRMC) or the municipality before December 31, 2012, and the
stormwater discharge system is installed prior to July 1, 2017.
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11.3 Waiver of Application Submittal: The requirement to apply for a Stormwater Discharge System
Registration shall be waived for a stormwater discharge system subject to these rules that has received
approval for such system from the RIDEM Pollutant Discharge Elimination System Program for those
projects disturbing 5 or greater acres, Freshwater Wetlands Program, Water Quality Certification Program
or from the RICRMC. This waiver shall also apply where alteration, expansion or other changes are
proposed to a stormwater discharge system subject to a Registration under these rules, that has received
such approval from the RIDEM Pollutant Discharge Elimination System Program, Freshwater Wetlands
or Water Quality Certification Programs or the RICRMC or is operating under a Registration or Order of
Approval issued by the RIDEM UIC Program prior to the effective date of these rules.
11.4 Automatic Registration
11.4.1 A stormwater discharge system subject to these rules shall be deemed Registered upon
submission of proof of Assent for such system issued by the Rhode Island Coastal Resources
Management Council.
11.4.2 A stormwater discharge system for stormwater proposed to be infiltrated onto the same
property from <10,000 square feet of impervious area at any non-residential lot shall be registered
automatically upon Department receipt of the Notice of Stormwater Discharge System Installation,
provided that no stormwater is infiltrated from parking or driveway areas or areas defined as a Land
Use of Higher Potential Pollutant Load in the Rhode Island Stormwater Design and Installation
Standards Manual.
11.5 Application Requirements: The owner of a facility not eligible for exemption, waiver or registration
under Rule 11.2 - 11.4, shall submit to the Director, an Application for a Stormwater Discharge System
Registration, prepared in accordance with Rule 8, and any other information required by the Rhode Island
Stormwater Design and Installation Standards Manual or the Director.
11.6 The Director may, at any time, require the owner of a facility with a stormwater discharge system
authorized under Rule 11 to submit additional information to determine if the stormwater discharge has or
may adversely impact the groundwater resources of the State or cause or contribute to a violation of these
rules.
11.7 Expiration of Registration: A Stormwater Discharge System Registration issued under these rules
for a stormwater discharge system that has not been constructed and installed shall expire 4 years from
the date of issuance, unless extended by a tolling period pursuant to Chapter 42-17.1-2.5 of the Rhode
Island General Laws. Once a Registration is expired, a new application shall be submitted for any
proposed activity subject to these rules.
11.8 Proposed Changes: Where alteration, expansion or other change to a registered stormwater
discharge system is proposed, the owner shall submit an Application to Modify a Stormwater Discharge
System Registration to the Director and shall include a narrative description of the proposed changes to
the stormwater discharge or the stormwater discharge system and any other information required by the
Director. The Director may also require modification at any time if new information that was not
available at the time of issuance of a Registration would have justified the application of additional or
different conditions.
11.9 Closure Requirements: Prior to closure of a stormwater discharge system located below the ground
surface and authorized under Rule 11, the owner shall submit to the Director, a Notice of Termination of
Discharge, in accordance with Rule 18.2, and any other information required by the Director. If any
information indicates that the stormwater discharge has or may adversely impact the groundwater
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resources or cause or contribute to a violation of these rules, the owner shall initiate closure activities in
accordance with Rule 18.
RULE 12. EXPIRATION OF EXISTING UIC REGISTRATION OR ORDER OF APPROVAL
12.1 A Registration or Order of Approval issued by the RIDEM Underground Injection Control Program
prior to the effective date of these rules for a groundwater discharge system identified in Rule 9.1 or 10.1
or a stormwater discharge system identified in Rule 11.1 shall expire if:
12.1.1 The system has not been constructed and installed within 5 years of the date of these rules;
or
12.1.2 The conditions related to the groundwater discharge or the groundwater discharge system
have changed since issuance of the UIC Registration or Approval.
12.2 Once a UIC Registration or Approval is expired, a new application shall be submitted for any
proposed activity subject to these rules.
12.3 The owner of a facility with a groundwater discharge system covered under such Registration or
Approval shall be subject to all other applicable requirements of these rules.
RULE 13. TEMPORARY GROUNDWATER DISCHARGE SYSTEM APPROVAL
13.1 The owner of a facility with a proposed groundwater discharge identified in Rule 10.1 may be
eligible to apply for a temporary approval for a pilot project or a groundwater discharge of limited
duration that is non-seasonal in nature provided that the groundwater discharge and the groundwater
discharge system meet all requirements of these rules. A temporary groundwater discharge authorized
under Rule 13 shall be conducted in a manner to ensure that the groundwater discharge will not adversely
impact the groundwater resources of the State or cause or contribute to a violation of these rules or any
other State or federal law, rule or regulation.
13.2 Application Requirements: The owner shall submit an Application for a Temporary Groundwater
Discharge System Approval to the Director, prepared in accordance with Rule 8, and any other
information required by the Director.
13.3 Analytical Characterization: Any compliance monitoring of a groundwater discharge or
groundwater quality, as required by a Temporary Groundwater Discharge System Approval or the
Director, shall be performed in accordance with Rule 14.2.
13.4 Notification of Discharge: The owner shall notify the Director of the commencement of a
groundwater discharge within 14 days of the groundwater discharge system start-up.
13.5 Duration of Approval: A Temporary Groundwater Discharge System Approval issued in
accordance with Rule 13 shall be non-renewable and valid only as long as necessary and in no case longer
than 180 days from the date of start-up of the groundwater discharge system. If an Application for a
Groundwater Discharge System Approval has been filed with the Director, in accordance with Rule 10
and prior to the date of expiration of the Temporary Groundwater Discharge System Approval, the period
for which the temporary approval is valid may be extended to the date on which a decision is rendered by
the Director.
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13.6 Proposed Changes: The owner shall notify the Director prior to the initiation of any proposed
changes that may require modification to the temporary groundwater discharge or the groundwater
discharge system in accordance with Rule 15. The Director may also require modification at any time, if
new information that was not available at the time of issuance of a Temporary Groundwater Discharge
System Approval would have justified the application of additional or different conditions.
13.7 Closure Requirements: Upon completion of a temporary groundwater discharge, the owner shall
submit an Application for Closure of a Groundwater Discharge System, prepared in accordance with Rule
8, and any supporting information required in accordance with Rule 18. Analytical characterization of soil
and/or groundwater at the site may be required following cessation of the groundwater discharge to
demonstrate compliance with these rules.
RULE 14. COMPLIANCE MONITORING OF A GROUNDWATER DISCHARGE
14.1 The owner of a facility subject to compliance monitoring and reporting that include measurements,
reports or characterization of a groundwater discharge or groundwater quality shall submit to the Director
the information required by a Groundwater Discharge System Approval, or other Department
requirement, no later than 30 days after the sampling collection date, unless otherwise specified by the
Director.
14.2 Analytical Characterization: A representative sample collected for analytical monitoring of a
groundwater discharge, groundwater quality or other matrixes, as a condition of a Groundwater Discharge
System Approval or other Department requirement, shall be analyzed by a laboratory certified by the
Rhode Island Department of Health pursuant to the Rules and Regulations for Licensing Clinical
Laboratories and Stations, or by the National Environmental Laboratory Accreditation Program
(NELAP), as appropriate.
14.3 Proper Operation and Maintenance: The owner shall at all times operate and maintain in good
working order a groundwater discharge system, groundwater monitoring well or other device or system of
treatment and control and related appurtenance installed or used to achieve compliance with a
Groundwater Discharge System Approval in accordance with Rule 10.2.2. The owner shall update the
Operation and Maintenance Plan, as appropriate.
14.4 Groundwater Monitoring Wells: Any required groundwater monitoring well shall be designed,
constructed, installed and decommissioned pursuant to the RIDEM Groundwater Quality Rules. The
owner shall operate and maintain all groundwater monitoring wells, piezometers and other measurement,
sampling and analytical devices in a manner to ensure the performance of design specifications
throughout the life of the monitoring program.
14.5 Monitoring and Reporting of Groundwater Discharge: All monitoring and reporting of a
groundwater discharge shall be performed in accordance with the Groundwater Discharge System
Registration, Approval or other Department requirement. Any analytical monitoring reports subsequently
submitted to the Director shall include:
14.5.1 A sample description;
14.5.2 Identification of the specific location of the sample collection point(s). Any modification to
a sampling location identified in a Groundwater Discharge System Approval or other Department
requirement shall require prior approval from the Director and shall be noted in the monitoring
report;
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14.5.3 The name of the individual who performed the sampling or measurement and the sample
collection method used;
14.5.4 The exact date, time and place of each sampling or measurement;
14.5.5 The date the analysis was performed and the analytical technique or method used;
14.5.6 The performing laboratory certification number issued by Rhode Island Department of
Health;
14.5.7 Documentation of the proper chain of custody for the required sample(s); and
14.5.8 The Certificate of Analysis from the performing laboratory and the results of such analysis
(laboratory reporting sheets).
14.6 Monitoring and Reporting of Groundwater Quality: All monitoring and reporting of groundwater
quality shall be performed in accordance with the Groundwater Discharge System Approval or other
Department requirement. Any analytical monitoring reports subsequently submitted to the Director shall
include:
14.6.1 All information identified in Rule 14.5.1 - 14.5.8;
14.6.2 A site plan of the facility, drawn to scale, no larger than 11 inches by 17 inches, identifying
the location of:
(A)
Any buildings at the site, property boundary lines, the abutting street with the
nearest utility pole number and a north arrow;
(B)
Any groundwater monitoring well(s) and the top of casing elevation for each well;
(C)
Any groundwater discharge system and private drinking water supply well at the site;
(D)
Any neighboring private drinking water well or public water supply within 400 feet
of the groundwater discharge system;
14.6.3 The elevation of groundwater at the time of sample collection; and
14.6.4 The direction of groundwater flow.
14.7 The owner shall report to the Director at the time of occurrence, any instance of noncompliance
with a Groundwater Discharge System Registration or Approval, including any monitoring and reporting
or operation and maintenance condition which has or may adversely impact the groundwater resources of
the State or cause or contribute to a violation of these rules.
14.8 The owner shall also submit a written report to the Director within 7 days of the occurrence of any
monitoring and reporting or operation and maintenance condition, as identified in accordance with Rule
14.7, and shall initiate action to correct, minimize or prevent such violation within a specified period of
time as determined by the Director, including:
14.8.1 Resample and characterize the groundwater discharge or the groundwater quality;
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14.8.2 Modify the facility operation or process(es) associated with the groundwater discharge;
14.8.3 Suspend operation of the groundwater discharge system until compliance is attained;
14.8.4 Close the groundwater discharge system in accordance with Rule 18 and seek an alternate
waste disposal method; or
14.8.5 Any other means of corrective action required by the Director.
14.9 Class IV Injection Wells: Notwithstanding a groundwater discharge subject to Rule 10.1.2, if a
groundwater discharge system is determined through analytical testing to be a Class IV injection well as
defined in Rule 6.4, the owner shall immediately notify the Director, cease the groundwater discharge and
initiate closure procedures in accordance with Rule 18.
RULE 15. MODIFICATION OF A GROUNDWATER DISCHARGE SYSTEM APPROVAL
15.1 The owner of a facility operating under a Groundwater Discharge System Approval authorized
under Rule 10 or Rule 13, shall obtain a modification of the approval prior to the initiation of any
alteration, addition, expansion or any other change or condition related to the groundwater discharge or
the groundwater discharge system, including, but not limited to:
15.1.1 A change to the type or quality of wastewater or other fluid discharged to the groundwater
discharge system;
15.1.2 A change to the quantity of wastewater or other fluid discharged to the groundwater
discharge system;
15.1.3 A change to the approved groundwater discharge system piping or other devices or system
of treatment and control and related appurtenance; or
15.1.4 A minor modification as described in Rule 15.5.
15.2 The Director shall also require modification of a Groundwater Discharge System Approval under
the following conditions:
15.2.1 The identification of any information that indicates the approved groundwater discharge
may cause or contribute to a violation of a primary drinking water regulation under the federal Safe
Drinking Water Act or a groundwater quality standard established by the RIDEM Groundwater
Quality Rules or any other State or federal law, rule or regulation; or
15.2.2 The identification of new information that was not available at the time of issuance that
would have justified the application of additional or different conditions in the Groundwater
Discharge System Approval.
15.3 Application Requirements: The owner shall submit an Application for Modification of a
Groundwater Discharge System Approval to the Director, prepared in accordance with Rule 8, and shall
include a narrative description of the proposed changes to the discharge or the groundwater discharge
system and any other information required by the Director.
15.4 If at any time, a groundwater discharge or groundwater discharge system is modified to the extent
that the analytical characterization or other measurement required by a Groundwater Discharge System
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Approval is incorrect or insufficient, a revised set of parameters shall be established by the Director in
accordance with the Groundwater Discharge System Approval and these rules.
15.5 A modification shall be considered minor in order to:
15.5.1 Correct significant or meaningful typographical errors;
15.5.2 Decrease the frequency of compliance monitoring and reporting of a groundwater discharge
or groundwater quality. The Director may modify a Groundwater Discharge System Approval to
decrease the frequency of monitoring and reporting only if it is determined that the discharge has
not changed, the historic facility monitoring data demonstrates such consistency and the continued
level of monitoring will not provide additional relevant information; or
15.5.3 Change requirements relating to construction and installation of a groundwater discharge
system if the change complies with the requirements of these rules.
15.6 The filing by the owner of an Application for Modification of a Groundwater Discharge System
Approval does not stay any condition of a Groundwater Discharge System Approval.
RULE 16. TRANSFER OF A GROUNDWATER DISCHARGE SYSTEM APPROVAL
16.1 Upon anticipated change of ownership of a facility subject to a Groundwater Discharge System
Approval or UIC Order of Approval issued prior to the effective date of these rules, the existing facility
owner, indicated in the most current Groundwater Discharge System Approval or UIC Order of Approval,
shall initiate transfer of the approval to the new owner, unless closure of the groundwater discharge
system is proposed. The existing owner is responsible for compliance with the terms and conditions of the
Groundwater Discharge System Approval until the transfer of the subject facility is complete, which shall
be confirmed by the recordation of the property deed. No person shall act under a Groundwater Discharge
System Approval issued to another person.
16.2 Application Requirements: The existing owner shall submit to the Director, at least 60 days prior to
the date of transfer, an Application to Transfer a Groundwater Discharge System Approval and any other
information required by the Director. The application shall include a written agreement between the
existing and new owner indicating:
16.2.1
The anticipated date of facility transfer;
16.2.2
Acknowledgement that the responsibility, coverage and liability associated with the
Approval shall transfer upon recordation of the property deed; and
16.2.3
Acknowledgement that the new owner has reviewed the Groundwater Discharge System
Approval and has agreed to comply with all terms and conditions contained therein upon the
facility transfer.
16.3 Proposed Changes: Any proposed change to the groundwater discharge or to the groundwater
discharge system must be noted in the Application to Transfer a Groundwater Discharge System
Approval and may require modification to the Groundwater Discharge System Approval or UIC Order of
Approval issued prior to the effective date of these rules, in accordance with Rule 15, or submission of an
application for a new Groundwater Discharge System Approval under Rule 10, unless the change or
modification will result in eligibility for a Registration in accordance with Rule 9.
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16.4 Conditions Preventing Transfer: A Groundwater Discharge System Approval shall not be
transferred if any of the following conditions apply:
16.4.1 The existing owner is not in compliance with the Groundwater Discharge System Approval
or these rules, unless the owner can demonstrate that transfer of the approval would facilitate
returning the facility to compliance;
16.4.2 The existing owner has failed to pay any outstanding penalties or costs related to the
property as required by the Director, unless any outstanding amount will be paid in conjunction
with the transfer of the approval; or
16.4.3 The existing owner has failed to perform pursuant to a court order, consent decree or other
settlement agreement relating to the property subject to the Groundwater Discharge System
Approval, unless the owner can demonstrate that transfer of the approval would facilitate such
performance.
RULE 17. TEMPORARY CESSATION OF A GROUNDWATER DISCHARGE
17.1 Notification of Temporary Cessation: The owner of a facility with a groundwater discharge
authorized under Rule 10 or Rule 13, shall submit to the Director, prior to implementation, a written
notification of any proposed interruption or cessation of the groundwater discharge that is planned or
expected to extend greater than 120 days, and shall include:
17.1.1 The reasons for the interruption or cessation of groundwater discharge;
17.1.2 The estimated time frame when the groundwater discharge will cease and be re-started; and
17.1.3 An acknowledgment that any required monitoring of a groundwater discharge, as required
by a Groundwater Discharge System Approval, will resume when the groundwater discharge is re-
started.
17.2 Groundwater Monitoring and Reporting: All groundwater quality monitoring shall continue, as
applicable, in accordance with the monitoring and reporting schedule established in the Groundwater
Discharge System Approval or UIC Order of Approval issued prior to the effective date of these rules, or
as otherwise required by the Director.
17.3 Duration of Approval: An approval issued for temporary cessation of a groundwater discharge in
accordance with Rule 17 shall be granted for a one (1) year period. After that time, the owner may
continue to submit annually, a request pursuant to Rule 17.1, for a one (1) year extension of the temporary
cessation of groundwater discharge until such time that the reason for interruption or cessation is no
longer valid (e.g. completion of transfer of the Groundwater Discharge System Approval, modification of
the groundwater discharge or the groundwater discharge system, or closure of the groundwater discharge
system).
RULE 18. TERMINATION OR CLOSURE OF A GROUNDWATER DISCHARGE
18.1 The owner shall close a groundwater discharge system that is no longer in use or is abandoned, or is
required to be closed by the Director under these rules, in a manner that prevents adverse impact to the
groundwater resources of the State, in accordance with all requirements of these rules. This applies to any
groundwater discharge system subject to these rules, including a stormwater discharge system located
below the ground surface, whether unauthorized or operating under a Groundwater Discharge System
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Registration or Approval or a UIC Registration or Order of Approval issued prior to the effective date of
these rules. A groundwater discharge system that was installed without approval from the Director and
where the owner does not intend, or is not eligible, to apply for a Registration or Approval to continue to
operate, shall be closed pursuant to these rules.
18.2 Notice of Termination of Discharge: The owner of a groundwater discharge system subject to a
Registration under Rule 9 or Rule 11 shall submit to the Director, a Notice of Termination of Discharge
and any other information required by the Director.
18.3 Application Requirements: The owner of a groundwater discharge system subject to approval under
Rule 10 shall submit to the Director, prior to the initiation of any closure activities, an Application for
Closure of a Groundwater Discharge System, prepared in accordance with Rule 8, including a
Groundwater Discharge System Closure Plan detailing the on-site activities and procedures that will be
performed to close the system (e.g. excavation, sampling, etc.) and any other information required by the
application or the Director. A Groundwater Discharge System Closure Plan previously submitted for a
groundwater discharge system subject to Rule 10 application requirements shall be updated as necessary.
The Director shall waive the requirement to submit an Application for Closure of a Groundwater
Discharge System provided that the groundwater discharge system subject to these rules is closed as part
of waste clean-up activities at a site that is subject to approval by the RIDEM Office of Waste
Management. The owner of a facility with a groundwater discharge system that is eligible for a closure
application waiver must be in compliance with all other applicable provisions of these rules. Approval
from the RIDEM Office of Waste Management for these closures shall constitute approval pursuant to
these rules.
18.4 Pre-Closure Notification: Upon Department approval of the Application for Closure of a
Groundwater Discharge System, the owner shall notify the Director at least 10 business days prior to the
initiation of any on-site activities related to closure of the groundwater discharge system, unless otherwise
specified. All closure activities shall be performed as outlined in the application and associated closure
plan, as approved.
18.5 The owner of a groundwater discharge system subject to Rule 18 application requirements shall
ensure that:
18.5.1 Any sample of soil, sludge or liquid collected as required for completion of groundwater
discharge system closure activities shall be analyzed pursuant to the parameters and testing
methodologies specified by the Director and performed in accordance with Rule 14.2; and
18.5.2 Any soil, sludge or liquid removed from or adjacent to the groundwater discharge system
shall be managed pursuant to any applicable State and federal law, rule or regulation; and
18.5.3 Any required groundwater monitoring well shall be designed, constructed, installed and
decommissioned pursuant to the RIDEM Groundwater Quality Rules. The owner shall operate and
maintain all groundwater monitoring wells, piezometers and other measurement, sampling and
analytical devices in a manner to ensure the performance of design specifications throughout the
life of the monitoring program.
18.6 Closure Report: The owner shall submit to the Director, within 30 days of completion of closure
activities, a Groundwater Discharge System Closure Report, including:
18.6.1 A narrative description of all completed activities related to closure of the groundwater
discharge system;
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18.6.2 An analytical monitoring report including all information identified in Rule 14.5.1-14.5.8;
18.6.3 Any manifest and/or disposal receipt associated with the removal of any contaminated soil,
sludge or liquid generated by closure activities; and
18.6.4 Photographic documentation of the closure activities performed, including the final
excavation pit(s), any structure(s) excavated, and any stockpile(s) of generated material;
18.6.5 A proposal for any additional remediation, if necessary; and
18.6.6 Any other information related to the groundwater discharge system closure.
18.7 If information contained in the Closure Report, or conditions identified during closure at a site,
indicate that site conditions have or may adversely impact the groundwater resources of the State or cause
or contribute to a violation of these rules, the Director may require the owner to initiate additional
corrective action activities at the site. The Director may also provide the owner with the option to record a
land use restriction in lieu of all, or a portion of, the additional corrective action activities required by the
Director.
18.8 Post-Closure Monitoring: The Director may require groundwater quality monitoring or other post-
closure activities upon completion of closure activities as deemed necessary. Any required groundwater
quality monitoring and reporting shall be conducted in accordance with Department requirements and
Rule 14.
18.9 The owner shall decommission all groundwater monitoring devices upon completion of closure
activities, unless continued monitoring of groundwater is required by the Director.
RULE 19. FEES
A nonrefundable fee shall accompany each application as required under these rules in accordance with
the schedule outlined below:
Activity
Fee
Application for a Groundwater Discharge System Registration
$400.00
Application to Modify a Groundwater Discharge System Registration
$100.00
Application for a Stormwater Discharge System Registration
$400.00
Application for a Groundwater Discharge System Approval*
$1000.00
Application for a Temporary Groundwater Discharge System Approval*
$250.00
Application for Modification of a Groundwater Discharge System Approval
$200.00
Application for Minor Modification of a Groundwater Discharge System Approval
$150.00
Application for Transfer of a Groundwater Discharge System Approval
$100.00
Application for Closure of an Unauthorized Groundwater Discharge System
$500.00
Application for Closure of a Groundwater Discharge System Operating Under Approval $300.00
Notice of Stormwater Discharge System Installation
No Fee
* includes compliance monitoring
Groundwater Discharge Rules, June 2012
Page 23 of 24
RULE 20. ENFORCEMENT
20.1 Where the Director has determined that any condition exists in violation of a Registration or
Approval issued pursuant to these rules, or any other requirement of these rules, the owner shall cease
operation or, if applicable, the portion of the operation relevant to the violation. If the Director
determines that an order of cessation shall not completely abate the condition that caused or contributed to
the violation, the owner shall initiate further investigation and/or remediation activities in accordance with
Department requirements.
20.2 Where the Director determines that a pattern of violations of any condition in a Registration or
Approval issued pursuant to these rules, or any other requirement of these rules, exists or has existed and
that the violations are caused by the failure of the owner to comply or that the violations are willfully
caused by the owner, the Director shall terminate the Registration or Approval unless the owner can show
cause as to why the Registration or Approval should not be terminated.
20.3 Pursuant to R. I. General Laws Chapter 42-17-1-2 (21) and in consideration of the administrative
appeals process under Rule 21 and R.I. General Laws Chapter 42-35-1, et seq., the Superior Court of
Providence County shall have jurisdiction in equity to enforce the provisions of these rules or any order
issued pursuant thereto. Proceedings for enforcement shall be instituted and prosecuted in the name of the
Director, and in such proceeding in which injunctive relief is sought, it shall not be necessary for the
Director to show that without such relief the injury which will result will be irreparable or that the remedy
at law is inadequate.
RULE 21. APPEALS
Any person affected by a decision of the Director pursuant to these rules may file a claim for an
adjudicatory hearing to review the decision in accordance with the RIDEM Administrative Rules of
Practice and Procedure for the Administrative Adjudication Office for Environmental Matters. Any
appeal shall be in writing and shall be filed with and received by the RIDEM Administrative Adjudication
Office within 30 days of the effective date of the denial of the subject application or action. The party
appealing a Department decision shall bear the burden of proving that their application or action is in
compliance with all requirements of these rules and regulations.
RULE 22. SUPERSEDED RULES AND REGULATIONS
On the effective date of these rules, all previous rules and regulations and any policies regarding the
administration and enforcement of the RIDEM Underground Injection Control Program Rules and
Regulations May 1984, Rule 17 Groundwater Quality Certification of the RIDEM Groundwater Quality
Rules June 2010, and Rules 6.3 and 6.5 of the RIDEM Rules and Regulations Governing the
Establishment of Various Fees shall be superseded. However, any enforcement action taken by, or
application submitted to, the Department prior to the effective date of these rules and regulations shall be
governed by the rules and regulations in effect at the time the enforcement action was taken or application
filed.
RULE 23. SEVERABILITY
If any provision of these rules or the application thereof to any person or circumstance is held invalid by a
court of competent jurisdiction, the validity of the remainder of the rules shall not be affected thereby.
Groundwater Discharge Rules, June 2012
Page 24 of 24
RULE 24. PENALTIES
Any person who violates any provision of these rules shall be subject to the penalties assessed pursuant to
the RIDEM Rules and Regulations for the Assessment of Administrative Penalties. Failure to comply
with the terms and conditions of a Registration or Approval issued pursuant to these rules or any other
requirement of these rules may constitute a violation of the federal Safe Drinking Water Act.
RULE 25. EFFECTIVE DATE
The foregoing “Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid To or Below the
Ground Surface,” after due notice, are hereby adopted and filed with the Secretary of State this 22nd day
of June 2012, to become effective 20 days thereafter, pursuant to the provisions of Chapters 42-35, 42-
17.1, 42-17.6, 46-12 and 46-13.1 of the General Laws of Rhode Island of 1956, as amended.
_________________________________________
Janet Coit
Director, Department of Environmental Management
Public Notice Date:
April 17, 2012
Public Hearing Date:
May 17, 2012
Filing Date:
June 22, 2012
Effective Date:
July 12, 2012