250-RICR-150-10-1
250-RICR-150-10-1. Regulations for the Rhode Island Pollutant Discharge Elimination System (version Amendment, 03/19/2002 to 02/25/2003)
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
OFFICE OF WATER RESOURCES
REGULATIONS FOR THE RHODE ISLAND POLLUTANT DISCHARGE
ELIMINATION SYSTEM
DATE
Promulgated: June 26, 1984
AUTHORITY:
Chapter 46-12,42-17.1 & 42-35 of the
General Laws of Rhode Island, as amended
Amended: February 27, 2002
Effective: March 19, 2002
TABLE OF CONTENTS
PAGE
RULE 1 - PURPOSE................................................................................................................................................... 1
RULE 2 - AUTHORITY............................................................................................................................................. 1
RULE 3 - DEFINITIONS........................................................................................................................................... 1
RULE 4 - SEVERABILITY ..................................................................................................................................... 12
RULE 5 – APPLICATION OF THESE REGULATIONS.................................................................................... 13
RULE 6 - GENERAL PROHIBITIONS................................................................................................................. 13
RULE 7 - CONFLICT OF INTEREST................................................................................................................... 14
RULE 8 - PERSONS REQUIRED TO APPLY FOR A RIPDES PERMIT........................................................ 15
RULE 9 - ACTIVITIES WHICH DO NOT REQUIRE A RIPDES PERMIT .................................................... 15
RULE 10 - SCHEDULE FOR SUBMISSION OF APPLICATIONS................................................................... 16
RULE 11 - INFORMATION TO BE INCLUDED IN THE APPLICATION..................................................... 16
RULE 12 - SIGNATORIES TO PERMIT APPLICATIONS AND REPORTS.................................................. 23
RULE 13 - CONTINUATION OF NPDES PERMITS AND EXPIRED RIPDES PERMITS........................... 24
RULE 14 - CONDITIONS APPLICABLE TO ALL PERMITS .......................................................................... 25
RULE 15 - ESTABLISHING LIMITATIONS, STANDARDS & OTHER PERMIT CONDITIONS.............. 31
RULE 16 - CONDITIONS APPLICABLE TO SPECIFIC TYPES OF PERMITS............................................ 34
RULE 17 - CALCULATING RIPDES PERMIT CONDITIONS......................................................................... 38
RULE 18 - CALCULATING ADJUSTED RIPDES PERMIT CONDITIONS FOR CERTAIN PRACTICES
.................................................................................................................................................................................... 42
RULE 19 - DURATION OF PERMIT .................................................................................................................... 43
RULE 20 - SCHEDULE OF COMPLIANCE ........................................................................................................ 44
RULE 21 - EFFECT OF A PERMIT ...................................................................................................................... 46
RULE 22 - TRANSFER OF PERMITS .................................................................................................................. 46
RULE 23 - MODIFICATION, OR REVOCATION AND REISSUANCE OF PERMITS ................................ 47
RULE 24 - TERMINATION OF PERMITS .......................................................................................................... 50
RULE 25 - MINOR MODIFICATIONS OF PERMITS....................................................................................... 50
RULE 26 - NONCOMPLIANCE AND PROGRAM REPORTING BY THE DEPARTMENT ....................... 51
RULE 27 - CONCENTRATED ANIMAL FEEDING OPERATIONS................................................................ 54
RULE 28 - CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITIES....................................... 55
RULE 29 - AQUACULTURE PROJECTS ............................................................................................................ 55
RULE 30 - SILVICULTURAL ACTIVITIES........................................................................................................ 55
RULE 31 - STORM WATER DISCHARGES ....................................................................................................... 55
RULE 32 - GENERAL PERMITS............................................................................................................................ 99
RULE 33 - CRITERIA AND STANDARDS FOR THE RHODE ISLAND POLLUTANT DISCHARGE
ELIMINATION SYSTEM ..................................................................................................................................... 103
RULE 34 - PROCEDURES FOR ISSUING A RIPDES PERMIT..................................................................... 104
RULE 35 - APPLICATION REVIEW BY THE DEPARTMENT..................................................................... 105
RULE 36 - MODIFICATION, REVOCATION AND REISSUANCE, OR TERMINATION PROCEDURES
.................................................................................................................................................................................. 106
RULE 37 - DRAFT PERMITS .............................................................................................................................. 106
RULE 38 - STATEMENT OF BASIS ................................................................................................................... 107
RULE 39 - FACT SHEET ...................................................................................................................................... 107
RULE 40 - ADMINISTRATIVE RECORD FOR THE DRAFT PERMITS..................................................... 109
RULE 41 - PUBLIC NOTICE OF PERMIT ACTIONS AND PUBLIC COMMENT PERIOD..................... 109
RULE 42 - PUBLIC COMMENT AND REQUEST FOR PUBLIC HEARINGS............................................. 112
RULE 43 - PUBLIC HEARINGS.......................................................................................................................... 112
RULE 44 - OBLIGATION TO RAISE ISSUES AND PROVIDE INFORMATION DURING THE PUBLIC
COMMENT PERIOD ............................................................................................................................................ 113
RULE 45 - REOPENING OF THE PUBLIC COMMENT PERIOD ................................................................ 113
RULE 46 - ISSUANCE AND EFFECTIVE DATE OF PERMIT....................................................................... 114
RULE 47 - RESPONSE TO COMMENTS........................................................................................................... 114
RULE 48 - ADMINISTRATIVE RECORD FOR FINAL PERMIT.................................................................. 114
RULE 49 - REQUESTS FOR AN ADJUDICATORY HEARING..................................................................... 115
RULE 50 - STAYS OF CONTESTED PERMIT CONDITIONS....................................................................... 116
RULE 51 - DECISION ON REQUEST FOR HEARING.................................................................................... 118
RULE 52 - NOTICE OF HEARING..................................................................................................................... 118
RULE 53 - CONDUCT OF ADJUDICATORY HEARING................................................................................ 118
RULE 54 - INDIVIDUAL PERMITS REQUIRED ON A CASE-BY-CASE BASIS........................................ 118
RULE 55 - CONDITIONS REQUESTED BY THE CORPS OF ENGINEERS AND OTHER
GOVERNMENTAL AGENCIES CONCERNING RIPDES PERMITS........................................................... 119
RULE 56 - VARIANCES UNDER THE STATE AND FEDERAL ACTS ........................................................ 119
RULE 57 - DECISIONS ON VARIANCES.......................................................................................................... 122
RULE 58 - PROCEDURES FOR VARIANCES.................................................................................................. 123
RULE 59 - SPECIAL PROCEDURES FOR DECISIONS ON THERMAL VARIANCE UNDER SECTION
316(A)....................................................................................................................................................................... 123
RULE 60 - INCORPORATION BY REFERENCE............................................................................................. 124
RULE 61 – SUPERSEDED RULES AND REGULATIONS .............................................................................. 124
RULE 62 – EFFECTIVE DATE............................................................................................................................ 125
APPENDIX A - TABLE 1 ...................................................................................................................................... 126
TESTING REQUIREMENTS FOR ORGANIC TOXIC POLLUTANTS INDUSTRY CATEGORY............... 126
APPENDIX A - TABLE II ..................................................................................................................................... 127
ORGANIC TOXIC POLLUTANTS IN EACHOF FOUR (4) FRACTIONS IN ANALYSIS BY GAS
CHROMATOGRAPHY/MASS SPECTROSCOPY (GC/MS) ............................................................................ 127
APPENDIX A – TABLE III................................................................................................................................... 128
OTHER TOXIC POLLUTANTS, METALS, CYANIDE, AND TOTAL PHENOLS ........................................ 128
APPENDIX A - TABLE IV................................................................................................................................... 129
CONVENTIONAL AND NON-CONVENTIONAL POLLUTANTS REQUIRED TO BE TESTED BY
EXISTING DISCHARGERS IF EXPECTED TO BE PRESENT....................................................................... 129
APPENDIX A - TABLE V ..................................................................................................................................... 130
TOXIC POLLUTANTS AND HAZARDOUS SUBSTANCES REQUIRED TO BE IDENTIFIED BY
APPLICANTS IF EXPECTED TO BE PRESENT ............................................................................................. 130
APPENDIX B .......................................................................................................................................................... 132
CRITERIA FOR DETERMINING A CONCENTRATED ANIMAL FEEDING OPERATION........................ 132
APPENDIX C.......................................................................................................................................................... 134
CRITERIA FOR DETERMINING A CONCENTRATEDAQUATIC ANIMAL PRODUCTION FACILITY.. 134
APPENDIX D.......................................................................................................................................................... 135
PRIMARY INDUSTRY CATEGORIES ............................................................................................................. 135
APPENDIX E .......................................................................................................................................................... 141
EPA WATER QUALITY CRITERIA FOR THE 64 PRIORITY POLLUTANTS ............................................. 141
APPENDIX F .......................................................................................................................................................... 145
NOMOGRAPHS FOR CALCULATING FROUDE NUMBERSAND DILUTION FACTOR........................... 145
APPENDIX G.......................................................................................................................................................... 146
INCORPORATED PLACES IN RHODE ISLAND WITH POPULATIONS GREATER THAN 100,000
ACCORDING TO 1990 DECENNIAL CENSUS BY BUREAU OF CENSUS (40 CFR 122 APPENDIX G).. 146
APPENDIX H.......................................................................................................................................................... 147
INCORPORATED PLACES IN RHODE ISLAND LOCATED FULLY OR PARTIALLY WITHIN AN
URBANIZED AREA ........................................................................................................................................... 147
APPENDIX I ........................................................................................................................................................... 148
CENSUS DESIGNATED PLACES OUTSIDE OF URBZNIZED AREAS........................................................ 148
IN RHODE ISLAND............................................................................................................................................ 148
APPENDIX J........................................................................................................................................................... 149
MAP OF URBANIZED AREAS (UAS), DENSELY POPULATED AREAS (DPAS), AND DIVIDED
HIGHWAYS OUTSIDE OF UAS AND DPAS.................................................................................................... 149
1
RULE 1 - PURPOSE
It is the purpose of these regulations to restore, preserve, and enhance the quality of the surface waters and to
protect the waters from discharges of pollutants so that the waters shall be available for all beneficial uses and thus
protect the public health, welfare and the environment.
RULE 2 - AUTHORITY
These regulations are adopted pursuant to Chapters 46-12, 42-17.1 and 42-35 of the General Laws of Rhode Island
as amended.
RULE 3 - DEFINITIONS
Whenever used in these regulations, the following terms shall have the following meaning:
"Administration" means the administrator of the United States Environmental Protection Agency (EPA) or an
authorized representative.
"Affected person" means a person who has asserted (and not waived or withdrawn) a confidentiality claim
covering information submitted to the Department.
"Animal feeding operation" means a lot or facility (other than an aquatic animal production facility) where: 1)
animals (other than aquatic animals) have been, or will be stabled or confined and fed or maintained for a total of
45 days or more in any 12-month period, and 2) crops, vegetation, forage, growth or post harvest residues are not
sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding
operations under common ownership are considered, for the purposes of these regulations, to be a single animal
feeding operation if they adjoin each other or if they use a common area or system for the disposal of pollutants.
"Applicable standards and limitations" means all state, interstate, and federal standards and limitations to which a
"discharge" or a related activity is subject under the Federal or State Acts including effluent limitations, water
quality standards, standards of performance, toxic effluent standards or prohibitions, "best management practices,"
and pretreatment standards under Sections 301, 302, 303, 304, 306, 307, 308, 403 and 405 of the Clean Water Act.
"Applicant" means a person who applies for a RIPDES permit, or a Departmental approval pursuant to these
regulations.
"Application" means the EPA standard national forms for applying for a permit, including any additions,
revisions or modifications to the forms, or forms approved by EPA for use in "approved States," including any
approved modifications of revisions.
"Approved program or approved State" means a State or interstate program, which has been approved or
authorized by EPA under 40 CFR Part 123.
"Aquaculture project" means a defined managed water area, which uses discharges of pollutants into that
designated area for the maintenance or production of harvestable freshwater, estuarine or marine plants and
animals. Designated area", as used in this definition, means the portions of the waters of the State within which
the permittee or permit applicant 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
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expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased
growth attributable to the discharge of pollutants, and be harvestable within a defined geographic area.
"Areawide plan" means any water quality management plan adopted pursuant to Section 208 of the Federal Clean
Water Act.
"Average monthly discharge limitation" means the highest allowable average of "daily discharges" over a calendar
month or any 30 consecutive days, calculated as the sum of all daily discharges measured during a calendar month
or any 30 consecutive days, divided by the number of daily discharges measured during that month.
"Average weekly discharge limitation" means the highest allowable average of "daily discharges" over a calendar
week or any seven consecutive days, calculated as the sum of all daily discharges measured during a calendar week
or seven consecutive days, divided by the number of daily discharges measured during that week.
"Best Professional Judgment (BPJ)" means a limitation determined on a case-by-case basis on any pollutant,
combination of pollutants or practice(s) which is determined necessary to carry out the provisions of the Clean
Water Act and Title 46, Chapter 12 of the General Laws of Rhode Island.
"Best Professional Judgment" limitations can be used to set Best Available Technology Economically Achievable,
Best Conventional Pollutant Control Technology, Best Practicable Control Current Available, or "Best
Management Practices" limitations as defined in Clean Water Act either in the absence of an applicable
promulgated effluent guideline or where promulgated effluent limitation guidelines only apply to certain aspects of
the discharger's operation or to certain pollutants.
"Best Management Practices (BMPs)" means schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the pollution of 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.
"Biological monitoring method" means a testing method which utilizes any biological system or any of its parts for
assessing the presence or effects of one or more pollutants and/or environmental factors, either alone or in
combination. Biomonitoring refers to acute toxic bioassays.
"Bypass" means the intentional diversion of wastes from any portion of a wastewater treatment facility.
"Census Designated Places (CPDs)." See Rule 31(b)(22).
"CFR" means the Code of Federal Regulations.
"Clean Water Act" means the Federal law enacted under 33 U.S.C. §125 et seq. and any amendments thereto.
"Concentrated animal feeding operation" means an "animal feeding operation which meets the criteria in Appendix
B, or which the Department designates under Rule 27.
"Concentrated aquatic animal production facility" means a hatchery, fish farm, or other facility which meets the
criteria in Appendix C or which the Department designates under Rule 28.
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"Confidentiality claim" means a claim or allegation that information is entitled to confidential treatment because
such information constitutes a trade secret.
"Construction" means any placement, assembly or installation of facilities, equipment or treatment works, site
preparation work, including clearing, excavation removal, or modification of existing buildings, structures or
facilities which is necessary for the placement, assembly or installation of new source facilities, equipment or
treatment works, or entering into a binding contractual obligation for the purchase of facilities or equipment which
are intended to be used in it operation within a reasonable time. Options to purchase or contracts which can be
terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not
constitute a contractual obligation for the purpose of this definition.
"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.
"Continuous discharge" means a "discharge" which occurs without interruption throughout the operating hours of
the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.
"Conventional pollutant" means those pollutants designated under the authority of Section 304(a)(4) of the Clean
Water Act.
"Co-permittee" means a permittee to a RIPDES permit that is only responsible for permit conditions relating to the
discharge for which it is operator.
"Daily discharge" means the "discharge of a pollutant" measured during a calendar day or any 24-hour period that
reasonable represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units
of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants
with limitations expressed in other units of measurement, the "daily discharge" is calculated as the average
measurement of the pollutant over the day.
"Densely Populated Area (DPA)." See Rule 31(b)(21).
"Department" means the Rhode Island Department of Environmental Management (DEM).
"Director" means the director of the Department of Environmental Management or any subordinate or subordinates
to whom he delegated the powers and duties vested in him by these regulations.
"Direct discharge" means the "discharge of a pollutant."
"Discharge" means the addition of any pollutant to waters from any point source.
"Discharge of a pollutant" means any addition of any "pollutant" or combination of pollutants to "waters of the
State" from any "point sources".
"Discharge Monitoring Report (DMR)" means the EPA uniform national form, including any subsequent
additions, revisions or modifications, for the reporting of self-monitoring results by permittees.
4
"Discharger" means any person, corporation, municipality, sewerage authority or legal entity, who causes,
knows of or should have reason to know of, or allows, any discharge. "District Engineer" means the chief
administrative official of the New England Division, Corps of Engineers or an authorized representative.
"Draft permit" means a document prepared under Rule 37 indicating the Department's tentative decision to issue or
deny, modify, revoke and reissue, terminate, or reissue a "permit." A notice of intent to terminate a permit and a
notice of intent to deny a permit as discussed in Rule 36 are types of "draft permits." A denial of a request for
modification, revocation and reissuance, or termination, as discussed in Rule 36 is not a "draft permit." A
"proposed permit" is not a "draft permit".
"Effluent data" means, with reference to any source of discharge of any pollutant:
1)
Information necessary to determine the identity, amount, frequency, concentration, temperature, or
other characteristics (to the extent related to water quality) of any pollutant which has been
discharged by the source (or of any pollutant resulting from any discharge from the source), or any
combination of the foregoing;
2)
Information necessary to determine the identity, amount, frequency, concentration, temperature, or
other characteristics (to the extent related to water quality) of the pollutant which, under an
applicable standard or limitation, the source was authorized to discharge (including to the extent
necessary for such purpose, a description of the manner or rate of operation of the source); and
3)
A general description of the locations and/or nature of the source to the extent necessary to identify
the source and to distinguish it from other sources (including, to the extent necessary for such
purposes, a description of the device, installation, or operation constituting the source).
Notwithstanding the above, the following information shall be considered to be "effluent data" only to the extent
necessary to allow the Department to disclose publicly that a source is (or is not) in compliance with an applicable
standard or limitation, or to allow the Department to demonstrate the feasibility, practicability, or attainability (or
lack thereof) of an existing or proposed standard or limitation:
1)
Information concerning research, or the results of research, on any product, method, device, or
installation (or any component thereof) which was produced, developed, installed, and used only for
research purposes; and
2)
Information concerning any product, method, device, or installation (or any component thereof)
designed and intended to be marketed or used commercially but not yet so marketed or used.
"Effluent limitations" means any restriction imposed by the Director on quantities, discharge rates and
concentrations of pollutants which are discharged from point sources into waters of Rhode Island, the United
States, the contiguous zone or the ocean.
"Effluent limitation guidelines" means a regulation published by the Administrator under Section 304(b) of the
Clean Water Act to adopt or revise "effluent limitations."
5
"EPA" means the United States Environmental Protection Agency.
"Facility" means any point source or any other activity (including land or appurtenances thereto) that is subject to
regulation under the RIPDES permit program.
"General permit" means a RIPDES permit issued under Rule 32 authorizing a category of discharges within a
geographic area.
"Groundwater" means water below the land surface in a zone of saturation.
"Hazardous substance" means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the
CWA (see Appendix A, Table V).
"Illicit discharge" means any discharge to a municipal separate storm sewer that is not composed entirely of storm
water except discharges pursuant to a RIPDES permit (other than the RIPDES permit for discharges from the
municipal separate storm sewer) and discharges resulting from fire fighting activities.
"Impaired Waters." See Rule 31(b)(25).
"Incorporated place" means a city, town or other definable place that is incorporated under the laws of the State in
which it is located.
"Indirect Discharge" means the introduction of pollutants into a POTW from any non-domestic source regulated
under section 307(b), (c) or (d) of the Clean Water Act.
"Interference" means (a) inhibiting or disrupting the operation of a publicly owned treatment works or its treatment
process so as to contribute to, or cause a violation of any condition of a State or Federal permit under which the
publicly owned treatment works operates; or (b) discharging industrial process wastewater which, in combination
with existing domestic flows are of such volume and/or strength as to exceed the domestic treatment process
design capacity; or (c) preventing the use or disposal of sludge produced by the publicly owned treatment works in
accordance with Section 405 of the Clean Water Act, and regulations, criteria or guidelines developed pursuant to
the Federal Resource Conservation and Recovery Act of 1976, (42 U.S.C. §3251 et seq.) the Federal Clean Air Act
(15 U.S.C. §7401 et seq.) and the Federal Toxic Substances Control Act (15 U.S.C. §2601 et seq.) and to the
extent practicable, the Rhode Island Rules and Regulations Pertaining to the Disposal and Utilization of
Wastewater Treatment Facility Sludge.
"Interstate agency" means an agency of two or more states established by or under an agreement or compact
approved by the Congress, or any other agency of two or more states having substantial powers or duties pertaining
to the control of pollution as determined and approved by the Administrator under the appropriate Act and
regulations.
"Large municipal separate storm sewer system." See Rule 31(b)(4).
"Log sorting and log storage facilities" means facilities whose discharges result from the holding of unprocessed
wood; for example, logs or round-wood with bark or after removal of bark held in self-contained bodies of water
6
(mill ponds or log ponds) or stored on land where water is applied intentionally on the logs (wet decking). (See 40
CFR Part 429, Subpart J including the effluent limitations guidelines).
"Major facility" means any facility or activity classified as such by the Regional Administrator in conjunction with
the Director.
"Major municipal separate storm sewer outfall (or "major outfall")" means a municipal separate storm sewer
outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge
from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres);
or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on
comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside
diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a
drainage area of 2 acres or more).
"Major outfall" means a "major municipal separate storm sewer outfall."
"Maximum daily discharge limitation" means the highest allowable "daily discharge."
"Medium municipal separate storm sewer system." See Rule 31(b)(7).
"Memorandum of Agreement" means the agreement entered into under the Clean Water Act between the
Administrator and the Director, governing the relationship, duties, and rights of the parties in operating a State
NPDES program (RIPDES).
"MGD" means million gallons per day.
"Minor facility" means any facility or activity not classified a "major facility" by the Regional Administrator or the
Department.
"Monitoring report form" means the DEM standard form, including any subsequent additions, revisions or
modifications for the reporting of self-monitoring results by permittees.
"Municipal separate storm sewer" means a conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
(i)
Owned or operated by a city or town or the State, district association, or other public body (created
by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm
water, or other wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management agency under section 208 of the CWA that
discharges to waters of the State;
(ii)
Designed or used for collecting or conveying storm water;
(iii)
Which is not a combined sewer; and
7
(iv)
Which is not part of a Publicly Owned Treatment Works (POTW) as defined in Rule 3.
"Municipal separate storm sewer system (MS4)." See Rule 31(b)(19).
"Municipality" means a city, town, borough, county, parish, district, 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, or a designated and approved management agency under Section 208 of the Clean Water
Act.
"National Pollutant Discharge Elimination System (NPDES)" means the national program for issuing, modifying,
revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment
requirements, under Sections 307, 402, 318, and 405 of the Clean Water Act. The term includes any State program
which has been approved by the Administrator.
"New discharger" means any building, structure, facility, or installation:
a)
From which there is or may be a "discharge of pollutants"; and
b)
That did not commence the "discharge of pollutants" at a particular "site" prior to August 13,
1979; and
c)
Which is not a "new source"; and
d)
Which has never received a finally effective NPDES permit for discharges at that "site". This
definition includes an "indirect discharger" which commences discharging into waters of the State
after August 13, 1979. It also includes any existing mobile point source (other than an offshore or
coastal oil and gas exploratory drilling rig or a coastal oil and gas development drilling rig) such as
a seafood processing rig, seafood processing vessel, or aggregate plant, that begins discharging at a
"site" for which it does not have a permit, and any offshore or coastal mobile oil and gas
exploratory drilling rig or coastal mobile oil and gas developmental drilling rig that commences the
discharge of pollutants after August 13, 1979 at a "site" under EPA's permitting jurisdiction for
which it is not covered by an individual or general permit and which is located in an area
determined by the Director in the issuance of a final permit to be an area or biological concern. In
determining whether an area is an area of biological concern, the Director shall consider the factors
specified in 40 CFR 125.122(a)(1) through (10).
An offshore or coastal mobile exploratory drilling rig or coastal mobile developmental drilling rig
will be considered a "new discharger" only for the duration of its discharge in an area of biological
concern.
"New source" means any building, structure, facility, site or installation from which there is or may be a "discharge
of pollutants," the construction of which commenced:
a)
after promulgation of standards of performance under Section 306 of the Clean Water Act which
are applicable to such sources, or
8
b)
after proposal of standards of performance in accordance with Section 306 of the Clean Water Act
which are applicable to such sources, but only if the standards are promulgated in accordance with
Section 306 within 120 days of their proposal.
"Non-contract cooling water" means water used to reduce temperature for the purpose of cooling. Such waters do
not come into direct contact with any raw material, intermediate product (other than heat) or finished product.
"Non-conventional pollutant" means any pollutant not defined as a conventional pollutant or a toxic pollutant (see
Appendix A, Table IV).
"Outstanding National Resource Waters (ONRWs)." See Rule 31(b)(24).
"Outfall" means a point source as defined by Rule 3 at the point where a municipal separate storm sewer
discharges to waters of the State and does not include open conveyances connecting two municipal separate storm
sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the
State and are used to convey waters of the State.
"Overburden" means any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit,
excluding topsoil or similar naturally-occurring surface materials that are not disturbed by mining operations.
"Owner or operator" means the owner or operator of any facility or activity subject to these regulations.
"Permit" means an authorization, license or equivalent control document issued by the Department to implement
the requirements of these regulations and the Clean Water Act, or previously issued by the EPA prior to delegation
of the NPDES program to the State of Rhode Island. "Permit" includes a general permit, but does not include any
document which has not yet been the subject of final Department action, such as a "draft permit" or "proposed
permit."
"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 quasi-governmental corporation) or of any interstate body and any agent or employee
thereof.
"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.
"Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand,
cellar dirt and industrial, municipal or agricultural waste.
"Pretreatment requirements" means any limitation or prohibition on quantities, quality, rates, and/or concentrations
of pollutants directly or indirectly discharged into or transported by truck or rail or otherwise introduced into a
9
publicly owned treatment works that are imposed by federal or state regulation or by publicly owned treatment
works.
"Primary industry category" means any industry category listed in Appendix D. Industries may be added to
Appendix D by the Director, as he deems appropriate.
"Priority pollutant" means those pollutants listed pursuant to Section 307(a)(1) of the Clean Water Act (see
Appendix E).
"Privately owned treatment works" means any device or system which is (a) used to treat wastes from any facility
whose operator is not the operator of the treatment works and (b) not a "POTW".
"Process wastewater" means any water which, during manufacturing or processing, comes into direct contact with
or results from the production or use of any raw material, intermediate product, finished product, by-product, or
waste product.
"Proposed permit" means a RIPDES "permit" which is sent to EPA for review before final issuance by the State.
A "proposed permit" is not a "draft permit".
"Propriety information" means commercial or financial information which is used in one's business and is of a type
of customarily held in strict confidence or regarded as privileged and not disclosed to any member of the public by
the person to whom it belongs.
"Publicly owned treatment works (POTWs)" means any facility for the treatment of pollutants owned by the state
or any political subdivision thereof, municipality, or other public entity, including quasi-governmental corporation.
This definition includes sewers, pipes if they convey wastewater to a POTW as well as any equipment buildings or
machinery used in the treatment operation.
"Recommencing discharger" means a source which recommences discharge after terminating operations.
"Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the
Environmental Protection Agency or an authorized representative of the Regional Administrator.
"Regulated small municipal separate storm sewer system (Small MS4)." See Rule 31(b)(18).
"Rhode Island Pollutant Discharge Elimination System (RIPDES)" means the Rhode Island system for issuing,
modifying, revoking and reissuing, terminating, monitoring and enforcing discharge permits and imposing and
enforcing pretreatment requirements pursuant to Title 46, Chapter 12 of the General Laws of Rhode Island and the
Clean Water Act.
"Rock crushing and gravel washing facilities" means facilities which process crushed and broken stone, gravel, and
riprap (see 40 CFR Part 436, Subpart B, including the effluent limitation guidelines).
"Runoff coefficient" means the fraction of total rainfall that will appear at a conveyance as runoff.
10
"Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable
sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance
with all applicable State and Federal law and regulations.
"Secondary industry category" means any industry category which is not a "primary industry category."
"Secretary" means the Secretary of the Army, acting through the Chief of Engineers.
"Section 313 Water Priority Chemical." See Rule 31(b)(12).
"Separate storm sewer" means a conveyance or system of conveyances (including pipes, conduits, ditches, and
channels) primarily used for collecting storm water runoff and which is either:
a)
Located in an urbanized area as designated by the Bureau of the Census according to the
criteria in 39 FR 15202 (May 1, 1974); or
b)
Not located in an urbanized area but designated by the Director pursuant to Rule 31 of these
regulations.
"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 or under Rhode Island law.
"Sewage sludge" means the solids, residues, and precipitate separated from or created in sewage by the processes
or a "publicly owned treatment works." "Sewage" as used in this definition means any wastes, including wastes
from human households, commercial establishments, industries and storm water runoff, that are discharged to or
otherwise enter a publicly owned treatment works.
"Significant materials" includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under Section 101(14) of CERCLA; any chemical the facility is
required to report pursuant to Section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with storm water discharges.
"Significant spills" includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under Section 311 of the Clean Water Act (40 CFR 110.10 and 40 CFR 117.21) or Section 102 of
CERCLA (40 CFR 302.4).
"Site" means the land or water area where any water pollution control facility or activity is physically located or
conducted, including adjacent land used in connection with the facility or activity.
"Silvicultural point source" means any discernible, confined, and discrete conveyance related to rock crushing,
gravel washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities
and from which pollutants are discharged into waters of the State. The term does not include non-point source
silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment,
thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and
11
maintenance from which there is natural runoff. However, some of these activities (such as stream crossing for
roads) may involve point source discharges of dredged or fill material which may require a 404 permit pursuant to
the Clean Water Act (see 33 CFR Section 209.120 and Part 123, Subpart E).
"Small Municipal Separate Storm Sewer System (Small MS4)." See Rule 31(b)(17).
"Special Resource Protection Waters (SRPWs)." See Rule 31(b)(23).
"State" means the State of Rhode Island.
"State/EPA Agreement" means an agreement between the Regional Administrator and the State which integrates
and coordinates EPA and State activities, responsibilities and programs under the Clean Water Act.
"Storm sewer" means a sewer intended to carry only storm water.
"Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage.
"Storm water discharge associated with industrial activity." See Rule 31(b)(15).
"Storm water discharge associated with small construction activity." See Rule 31(b)(16).
"Surface water" means any "waters of the State" which are not "groundwater."
"Thermal discharge" means that component of any discharge which is comprised of heat, and which shall be
limited in accordance with Sections 301, 306, 316 of the Clean Water Act or when determined necessary by the
Department.
"Total dissolved solids" means the total dissolved (filterable) solids as determined by use of the method specified
in 40 CFR Part 136.
"Total maximum daily load (TMDL)" means the maximum amount of a particular pollutant that may be discharged
into a particular stream segment in one day. TMDLs are required for all water quality limited segments but only
for those pollutants which limit water uses.
"Toxic pollutant" means those pollutants, or combinations of pollutants, including disease causing agents, which
after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly or
indirectly but ingestion through food chains, may, on the basis of information available to the Director cause death,
disease, behavioral, abnormalities, cancer, genetic mutations, physiological malfunctions including malfunctions in
reproduction, or physical deformation, in such organisms or their offspring. Toxic pollutants shall include but not
be limited to those pollutants identified pursuant to Section 307 of the Clean Water Act (see Appendix A. Tables II
and III).
"Trade secret" means the whole or any portion or phase of any scientific, technical or otherwise "proprietary
information," design, process, procedure, formula, or improvement which is used in one's business and is secret
when the owner takes measures to prevent it from becoming available to person other than those selected by the
12
owner to have access thereto for limited purposes. A "Trade Secret" shall not apply to "effluent data" "permits" or
"permit application forms".
"Uncontrolled sanitary landfill" means a landfill or open dump, whether in operation or closed, that does not meet
the requirements for run-on or run-off controls established pursuant to subtitle D of the Solid Waste Disposal Act.
"Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with
technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An
upset does not include noncompliance to the extent caused by the operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
"Urbanized Areas (UAs)." See Rule 31(b)(20).
"Variance" means any mechanism or provision under Sections 301 or 316 of the Clean Water Act or under 40
CFR Part 125, or in the applicable "effluent limitation guidelines" which allows modification to or waiver of the
generally applicable effluent limitation requirements or time deadlines of the Clean Water Act. This includes
provisions which allow the establishment of alternative limitations based on fundamentally different factors or
on Section 301(c), 301(g), 301(h), 301(i) or 316(a) of the Clean Water Act.
"Waste load" means the amount of chemical, physical, or biological matter contained within a waste discharge.
"Waste load allocation" means the assignment of maximum waste loads to point-source discharges so as to
maintain water quality standards.
"Water quality criteria" means a designated concentration of a constituent that, when not exceeded, will protect an
organism, an organismic community or a prescribed water use or quality.
"Water quality standards" means the physical, chemical, biological and esthetic characteristics of a water body as
described by State water quality criteria or the water quality which would result from existing discharges under
design conditions, whichever is more stringent as determined by the Department.
"Waters of the State" or "Water" means all surface water and groundwater of the State of Rhode Island, including
all tidewaters, territorial seas, wetlands, land masses partially or wholly submerged in water, and both inter-and
intrastate 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.
"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.
RULE 4 - SEVERABILITY
If any provision of these rules and regulations or the application thereof to any person or circumstances 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 section or sections or parts of any section or sections shall not affect the validity of the
remainder of these rules and regulations.
13
RULE 5 – APPLICATION OF THESE REGULATIONS
(a)
These regulations shall be liberally constructed to permit the Department to effectuate the purpose
of the State law.
(b)
The Department may require an applicant to provide additional information where such information
is necessary, in the opinion of the Department, to fully disclose all relevant facts concerning the
permit application or permit, including propriety data. The applicant may assert a claim of
confidentiality but claims of confidentiality regarding the name and address of any permit applicant
or permittee or claims related to effluent data, permits, and permit application forms, including
attachments to the forms, will be denied. Any failure to submit such information shall constitute
valid cause for denial of the permit or other remedy as provided by law.
(c)
Nothing in these rules and regulations shall be deemed to interfere with the Director's power and
duty to issue an immediate order pursuant to Section 46-12-10 of the General Laws of Rhode
Island.
(d)
These regulations and the State continuing planning process, as approved by EPA under 40 CFR
35.1500, shall at all times be construed so as to assure consistency with the Clean Water Act.
RULE 6 - GENERAL PROHIBITIONS
A RIPDES permit shall not be issued:
(a)
When the conditions of the permit do not provide for compliance with the applicable requirements
of the State and Federal Acts or regulations;
(b)
For the discharge of any radiological, chemical, or biological warfare agent or high-level
radioactive waste;
(c)
When the imposition of conditions cannot ensure compliance with the applicable water quality
requirements of all affected states;
(d)
When the Regional Administrator has objected to the issue of the permit in accordance with the
Memorandum of Agreement;
(e)
When, in the judgement of the Untied States Secretary of the Army, anchorage and navigation in or
on any of the waters of the United States could be substantially impaired by the discharge;
(f)
For any discharge inconsistent with a plan or plan amendment approved under Section 208(b) of the
Clean Water Act;
(g)
For any discharge to the territorial sea, the waters of the contiguous zone, or the oceans in the
following circumstances:
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(1)
Before the promulgation of guidelines under Section 403(c) of the Clean Water Act (for
determining degradation of the waters of the territorial seas, the contiguous zone, and the
oceans) unless the Director determines permit issuance to be in the public interest; or
(2)
After promulgation of guidelines under Section 403(c) of the Clean Water Act, when
insufficient information exists to make a reasonable judgement whether the discharge
complies with them.
(h)
To a new source or a new discharger, if the discharge from its construction or operation will cause
or contribute to the violation of water quality standards. The owner or operator of a new source or
new discharger proposing to discharge into a water segment which does not meet applicable water
quality standards or is not expected to meet those standards even after the application of the effluent
limitations required by Section 301(b)(1)(A) and 301(b)(1)(B) of the Clean Water Act, and for
which the State or interstate agency has performed a pollutant load allocation for the pollutants to
be discharged, must demonstrate, before the close of the public comment period, that:
(1)
There are sufficient remaining pollutant load allocations to allow for the discharge; and
(2)
The existing dischargers into that segment are subject to compliance schedules designed to
bring the segment into compliance with applicable water quality standards.
RULE 7 - CONFLICT OF INTEREST
(a)
Any board or body which approves all or portions of a permit shall not include as a member any
person who receives, or has during the previous two years received, a significant portion of income
directly or indirectly from permit holders or applicants for a permit.
(b)
For the purposes of this section:
(1)
"Board of body" includes any individual, including the Director, who has or shares authority
to approve all or portions of permits either in the first instance, as modified or reissued, or
on appeal.
(2)
"Significant portion of income" means 10 percent or more of gross personal income for a
calendar year.
(3)
"Permit holders or applicants for a permit" does not include any department or agency of
state government.
(4)
"Income" includes retirement benefits, consultant fees, interest, and stock dividends.
(c)
For the purposes of this section, income is not received "directly or indirectly from permit holders
or applicants for a permit" when it is derived from mutual fund payments, or from other diversified
investments for which the recipient does not know the primary sources of income.
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RULE 8 - PERSONS REQUIRED TO APPLY FOR A RIPDES PERMIT
(a)
Any person who discharges or proposes to discharge pollutants into the waters and who does not
have an effective permit, shall, except as provided in Rule 9, submit a complete application to the
Department.
(b)
Any person who had a NPDES permit prior to the effective date of these regulations shall be
notified in writing by the Department that the NPDES permit is continued in full force pursuant to
Rule 13 of these regulations and that the person must apply for a RIPDES permit in accordance
with the schedule for submission of applications in Rule 10(a).
(c)
When a facility or activity is owned by one person but is operated by another person, it is the
operator's duty to obtain a permit.
RULE 9 - ACTIVITIES WHICH DO NOT REQUIRE A RIPDES PERMIT
(a)
Any discharge of sewage from vessels, effluent from properly functioning marine engines,
laundry, shower, and galley sink wastes, or any other discharge incidental to the normal
operation of a vessel. This exclusion does not apply to rubbish, trash, garbage, or other such
materials discharged overboard, nor to other discharges when the vessel is operating in a
capacity other than as a means of transportation such as when used as an energy or mining
facility, or when secured to a storage facility or a seafood processing facility, or when secured to
the bed of the ocean, contiguous zone or waters of the United States for the purpose of mineral
or oil exploration or development.
(b)
Any discharge of dredged or fill material into waters of the United States which are regulated under
Section 404 of the Clean Water Act.
(c)
Any discharge in compliance with the instruction of an On-Scene Coordinator pursuant to 40 CFR
300 (The National Oil and Hazardous Substances Pollution Plan) or 33 CFR 153.305 (Pollution by
Oil and Hazardous Substances).
(d)
Any introduction of pollutants from nonpoint source agricultural and silvicultural activities,
including storm water runoff from orchards, cultivated crops, pastures, range lands, and forest lands
but not discharges from concentrated animal feeding operations, discharges from concentrated
aquatic animal production facilities, discharges to aquaculture projects, and discharges from
silvicultural point sources.
(e)
Return flows from irrigated agriculture.
(f)
Discharges of pollutants into a privately-owned treatment works, except as the Director may
otherwise require to ensure compliance with applicable state and federal law and regulations.
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(g)
Discharges covered by a general permit pursuant to Rule 32 except that the Director may, pursuant
to Rule 54, require a person authorized by a general permit to apply for and obtain an individual
RIPDES permit.
(h)
The introduction of sewage, industrial wastes, or other pollutants into publicly owned treatment
works by indirect discharge. Plans or agreements to switch to this method of disposal in the future
do not relieve a discharger of the obligation to have and comply with permits until all discharges of
pollutants into waters of the United States are eliminated. This exclusion does not apply to the
introduction of pollutants to privately owned treatment works or to other discharges through pipes,
sewers, or other conveyances owned by a State, municipality or other party not leading to treatment
works.
(i)
Discharges or disposal of pollutants into an underground or subsurface disposal well except that
such activity must be approved by the Director pursuant to the Rhode Island Underground Injection
Control Regulations.
RULE 10 - SCHEDULE FOR SUBMISSION OF APPLICATIONS
(a)
Any person who had an NPDES permit prior to the effective date of these regulations shall either
apply for a RIPDES permit at least 180 days prior to the scheduled expiration date of the NPDES
permit or if the schedule expiration date has already passed then within 60 days of receiving written
notification from the Department that a RIPDES permit application is due.
(b)
Any person planning to continue discharging after the expiration date of an existing RIPDES permit
must file an application for renewal at least 180 days prior to expiration of the existing permit.
(c)
All other new applicants for a RIPDES permit(s) shall in accordance with these regulations submit
an application to the Department at least 180 days before the date on which the discharge is to
commence except as otherwise provided in (d) below.
(d)
Facilities proposing a new discharge of storm water associated with industrial activity shall submit
an application/notice of intent 180 days before that facility commences industrial activity which
may reasonably be expected to result in a discharge of storm water associated with that industrial
activity. Facilities described under Rule 31(b)(15)(x) or (b)(16)(i) shall submit applications at least
ninety (90) days before the date on which construction is to commence. Different submittal dates
may be required under the terms of applicable general permits.
RULE 11 - INFORMATION TO BE INCLUDED IN THE APPLICATION
11.01 All applications for a RIPDES permit shall be submitted to: Department of Environmental Management,
Office of Water Resources, 235 Promenade Street, Providence, Rhode Island 02908-5767.
11.02 Any person who discharges or intends to discharge pollutants into the waters of the state must apply for a
RIPDES permit except as otherwise provided in Rule 9. Any person required to have a RIPDES or NPDES
permit by these regulations and who is currently discharging pollutants into the waters of the state without
such permit, may be subject to immediate enforcement action and shall apply for a RIPDES permit within
17
60 days of the effective date of these regulations. Any person who has a valid NPDES permit shall apply
for a RIPDES permit in accordance with the schedule in Rule 10. Pre-application conferences with the
Department are strongly recommended. The following information, where applicable, shall be submitted:
(a)
Information required for a RIPDES Permit:
(1)
State name, mailing address and location of facility, type of waste to be discharged, and the
activities conducted by the applicant which require a RIPDES permit.
(2)
Provide a brief description of the nature of the business including the Standard Industrial
Classification (SIC) codes which best reflect the principal products or services provided by
the facility.
(3)
The operator's name, address, telephone number, ownership status, and status as Federal,
State, private, public, or other entity, and whether the facility is located on Indian lands.
(4)
Name of applicant's parent corporation.
(5)
A listing of all permits, or orders of approval received or applied for by the applicant or
its parent corporation at the site.
(6)
The expiration date of existing permit or proposed start up date for new source.
Applications must be received at least 180 days before proposed start up for new sources.
(7)
A topographic map (or other if a topographic map is unavailable) extending one mile
beyond the property boundaries of the source, depicting the facility and each of its intake
and discharge structures; each of its hazardous waste treatment, storage, or disposal
facilities, each well where fluids from the facility are injected underground; and those wells,
springs, other surface water bodies, and drinking water wells listed in public records or
otherwise known to the applicant in the map area.
(8)
Outfall location. Show the location of the discharge(s), treatment facilities and receiving
stream on a plot plan prepared by a Licensed Professional Engineer or Land Surveyor, and
on a U.S. Geological Survey (Quadrangle) map. The latitude and longitude for each
discharge must be given to the nearest 15 seconds and the name and classification of the
receiving water must be provided.
(9)
Line Drawing. A line drawing of the water flow through the facility with a water balance,
showing operations contributing wastewater to the effluent and treatment units. The water
balance must show approximate average flows at intake and discharge points and between
units, including treatment units.
(10)
Average flows and treatment. A narrative identification of each type of process, operation,
or production area which contributes wastewater to the effluent for each outfall, including
process wastewater, cooling water, and storm water runoff, the average flow which each
process contributes, and a description of the treatment the wastewater receives, including
18
the ultimate disposal of any solid or fluid wastes other than by discharge. Processes,
operations, or production areas may be described in general terms (for example, "dye-
making reactor", "distillation tower"). For a privately owned treatment works, this
information shall include the identity of each user of the treatment works. If discharge is due
to rain runoff, state acres of land drained, give runoff coefficient, and calculate flow based
on a 10 year, 24-hour, storm frequency.
(11)
Intermittent flows. If any of the discharges described in paragraph (a)10 of this section are
intermittent or seasonal, a description of the frequency, approximate time of day where
practicable, duration and flow rate of each discharge occurrence.
(12)
Maximum production. If an effluent guidelines promulgated under Section 304 of the
Clean Water Act applies to the applicant and is expressed in terms of production (or other
measure of operation), a reasonable measure of the applicant's actual production reported in
the units used in the applicable effluent guideline. The reported measure must reflect the
actual production of the facility as required by Rule 17.
(13)
Improvements. If the applicant is subject to any present requirements or compliance
schedules for construction, upgrading or operations of waste treatment equipment, an
identification of the abatement requirement, a description of the abatement project, and a
listing of the required and projected final compliance dates.
(14)
Effluent characteristics. Information on the discharge of pollutants specified in this
subparagraph (except information on storm water discharges associated with industrial
activity which are to be provided as specified in Rule 31). When "quantitative data" for a
pollutant is required, the applicant must collect a sample of effluent, analyze it for the
pollutant in accordance with analytical methods approved under 40 CFR Part 136 and
provide a description of the method. When no analytical method is approved, the
applicant must comply with Rule 14.11(d). The requirements in paragraphs (a)(14)(iii)
and (iv) of this section that an applicant must provide quantitative data for certain
pollutants known or believed to be present does not apply to pollutants present in a
discharge solely as the result of their presence in intake water; however, an applicant
must report such pollutants as present and will be required to establish the presence of
pollutants in intake water by the appropriate testing or submission of an evaluation of
intake water. Grab samples must be used for pH, temperature, cyanide, total phenols,
residual chlorine, oil and grease, and fecal coliform and all volatile organics. For all
other pollutants, 24-hour composite samples must be used unless otherwise specified by
the Department. However, a minimum of one grab sample may be taken for effluents
from holding ponds or other impoundments with a retention period greater than 24 hours.
In addition, for discharges other than storm water discharges, the Director may waive
composite sampling for any outfall for which the applicant demonstrates that the use of
an automatic sampler is infeasible and that the minimum of four (4) grab samples will be
a representative sample of the effluent being discharged. For storm water discharges, all
samples shall be collected from the discharge resulting from a storm event that is greater
than 0.1 inch in a 24 hour period and at least 72 hours from the previously measurable
(greater than 0.1 in a 24 hour period inch rainfall) storm event. Where feasible, the
19
variance in the duration of the event and the total rainfall of the event should not exceed
50 percent from the average or median rainfall event in that area. For all applicants, a
flow-weighted composite shall be taken for either the entire discharge or for the first three
hours of the discharge. The flow-weighted composite sample for a storm water discharge
may be taken with a continuous sampler or as a combination of a minimum of three
sample aliquots taken in each hour of discharge for the entire discharge or for the first
three hours of the discharge, with each aliquot being separated by a minimum period of
fifteen minutes (applicants submitting permit applications for storm water discharges
under Rule 31(d) (40 CFR 122.26(d)) may collect flow weighted composite samples
using different protocols with respect to the time duration between the collection of
sample aliquots, subject to the approval of the Director). However, a minimum of one
grab sample may be taken for storm water discharges from holding ponds or other
impoundments with a retention period greater than 24 hours. For a flow-weighted
composite sample, only one analysis of the composite of aliquots is required. For storm
water discharge samples taken from discharges associated with industrial activities,
quantitative data must be reported for the grab sample taken during the first thirty minutes
(or as soon thereafter as practicable) of the discharge for all pollutants specified in Rule
31(c)(1) (40 CFR 122.26(c)(1)). For all storm water permit applicants taking
flow-weighted composites, quantitative data must be reported for all pollutants specified
in Rule 31 (40 CFR 122.26) except pH, temperature, cyanide, total phenols, residual
chlorine, oil and grease, fecal coliform, and fecal streptococcus. The Director may allow
or establish appropriate site-specific sampling procedures or requirements, including
sampling locations, the season in which the sampling takes place, the minimum duration
between the previous measurable storm event and the storm event sampled, the minimum
or maximum level of precipitation required for an appropriate storm event, the form of
precipitation sampled (snow melt or rain fall), protocols for collecting samples under 40
CFR Part 136, and additional time for submitting data on a case-by-case basis. An
applicant is expected to "know or have reason to believe" that a pollutant is present in an
effluent based on an evaluation of the expected use, production, or storage of the
pollutant, or on any previous analyses for the pollutant. (For example, any pesticide
manufactured by a facility may be expected to be present in contaminated storm water
runoff from the facility.)
(i)
(A)
Every applicant must report quantitative data for every outfall for the
following pollutants:
(1)
Biochemical Oxygen Demand (BOD );
(2)
Chemical Oxygen Demand;
(3)
Total Organic Carbon;
(4)
Total Suspended Solids and Total Dissolved Solids;
(5)
Ammonia (as N);
20
(6)
Temperature (both winter and summer); and
(7)
pH
(B)
At the applicant's request, the Department may waive the reporting
requirements for one or more of the pollutants listed in paragraph
(a)(14)(i)(A) of this section.
(i)
Each applicant with processes in one or more primary industry category (see
Appendix D) contributing to a discharge must report quantitative data for the
following pollutants in each outfall containing process wastewater:
(A)
The organic toxic pollutants in the fractions designated in Table I of
Appendix A for the applicant's industrial category or categories unless the
applicant qualifies as a small business under paragraph (a)(15) of this
section. Table II of Appendix A lists the organic toxic pollutants in each
fraction. The fractions resulted from the sample preparation required by the
analytical procedures which uses gas chromatography/mass spectrometry. A
determination that an applicant falls within a particular industrial category
for the purposes of selecting fractions for testing is not conclusive as to the
applicant's inclusion in that category for any other purposes.
(B)
The pollutants listed in Table III of Appendix A (the toxic metals, cyanide,
and total phenols).
(ii)
Each applicant must report for each outfall quantitative data for the following
pollutants, if the applicant knows or has reason to believe that the pollutant is
discharged from the outfall:
(A)
All pollutants listed in Table II or Table III of Appendix A (the toxic
pollutants) for which quantitative data is not otherwise required under
paragraph (a)(14)(ii) of this section except that an applicant qualifying as a
small business under paragraph (a) (15) of this section is not required to
analyze for the pollutants listed in Table II of Appendix A (the organic toxic
pollutants).
(B)
All pollutants in Table IV of Appendix A (certain conventional and
nonconventional pollutants).
(iii)
Each applicant must indicate whether it knows or has reason to believe that any of
the pollutants in Appendix A, Table V (certain hazardous substances and asbestos)
are discharged from each outfall. For every pollutant expected to be discharged, the
applicant must briefly describe the reasons the pollutant is expected to be
discharged, and report any quantitative data it has for any pollutant.
21
(iv)
Each applicant must report qualitative data, generated using a screening procedure
not calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin
(TCDD) if it:
(A)
Uses or manufactures 2,4,5-tichlorophenoxy acetic acid (2,4,5-T); 2-(2,4,5-
trichlorophenoxy)
propanoic
acid
(Silvex,
2,4,5,
TP);
2-(2,4,5-
trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon); O,O-dimethyl O-
(2,4,5-trichlorophenyl) phosphorothionate (Ronnel); 2,4,5-trichlorophenol
(TCP); or hexachlorophene (HCP); or
(B)
Knows or has reason to believe that TCDD is or may be present in an
effluent.
(15)
Small business exemption. An applicant which qualifies as a small business may be exempt
from the requirements in paragraphs (a)(14)(ii)(A) or (a)(14)(iii)(A) of this section to
submit quantitative data for the pollutants listed in Table II of Appendix B (the organic
toxic pollutants); An applicant may qualify if its gross total annual sales averages less than
$100,000 per year (in second quarter 1980 dollars). Applicants who feel they qualify
should submit a request for exemption to the Department. The Department shall consider
the toxicity of the pollutant in making a decision to exempt an applicant pursuant to this
paragraph.
(16)
Toxics used or manufactured. A listing of any toxic pollutant which the applicant does or
expects that it will, during the next 5 years, use or manufacture as an intermediate or final
product or byproduct.
(17)
Potential discharges. A description of the expected levels of and the reasons for any
discharges of pollutants which the applicant knows or has reason to believe will exceed two
times the values reported in paragraph (a)(14) of this section over the next 5 years.
(18)
Biological toxicity tests. An identification of biological toxicity tests which the applicant
knows or has reason to believe have been made within the last 3 years on any of the
applicant's discharges or on a receiving water in relation to a discharge.
(19)
Contract analyses. If a contract laboratory or consulting firm performed any of the analyses
required by paragraph (a)(14) of this section, the identity of each laboratory or firm and the
analyses performed.
(20)
Additional information. In addition to the information reported on the application
form, applicants shall provide to the Department upon the Department's request, such
other information as the Department may reasonably require to assess the discharges of
the facility and to determine whether to issue a RIPDES permit. The additional
information may include additional quantitative data and bioassays to assess the
relative toxicity of discharges to aquatic life and requirements to determine the causes
of the toxicity.
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11.03 Application requirements for new and existing concentrated animal feeding operations and aquatic
animal production facilities. New and existing concentrated animal feeding operations and
concentrated aquatic animal production facilities shall provide the following information:
(a)
For concentrated animal feeding operations:
(1)
The type and number of animals in open confinement and housed under roof.
(2)
The number of acres used for confinement feeding.
(3)
The designs basis for the runoff diversion and control system, if one exists, including
the number of acres of contributing drainage, the storage capacity, and the design
safety factor.
(b)
For concentrated aquatic animal production facilities:
(1)
The maximum daily and average monthly flows from each outfall.
(2)
The number of ponds, raceways, and similar structures.
(3)
The name of the receiving water and the source of intake water.
(4)
For each species of aquatic animals, the total yearly and maximum harvestable weight.
(5)
The calendar month of maximum feeding and the total mass of food fed during that
month.
11.04 The Department may require that an applicant for a RIPDES permit provide additional data, reports,
specifications, plans or other information concerning the existing or proposed pollution control
program.
11.05 Recordkeeping. Applicants shall keep records of all data used to complete permit applications and
any supplemental information submitted to the Department under these regulations for a period of at
least 5 years from the date the application is signed.
11.06 Special provisions for applications for new sources.
(a)
The owner or operator of any facility which may be a new source (as defined in Rule 3)
must comply with the provisions of this paragraph.
(b)
(1)
Before beginning any on-site construction as defined in 40 CFR 122.29, the owner or
operator or any facility which may be a new source must submit information to the
Director so that he or she can determine if the facility is a new source. The Director may
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request any additional information needed to determine whether the facility is a new
source.
(2)
The Director shall make an initial determination whether the facility is a new source
within 30 days of receiving all necessary information under paragraph (b)(1) of this
section.
(c)
The Director shall issue a public notice in accordance with Rule 41 of the new source
determination under paragraph (b) of this section.
(d)
Any interested person may challenge the Director's initial new source determination by
requesting an evidentiary hearing under Rule 49 within 30 days of issuance of the public notice
of the initial determination. The Director may defer the evidentiary hearing in the determination
until after a final permit decision is made, and consolidate the hearing on the determination with
any hearing on the permit.
RULE 12 - SIGNATORIES TO PERMIT APPLICATIONS AND REPORTS
(a)
Applications. All permit applications shall be signed as follows:
(1)
For a corporation: by a responsible corporate officer. For the purpose of this section, a
responsible corporate officer means:
(i)
A president, secretary, treasurer, or vice-president of the corporation in charge of
a principal business function, or any other person who performs similar policy or
decision-making functions for the corporation, or
(ii)
The manager of one or more manufacturing, production, or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
(2)
For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3)
For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official. For purposes of this section, a principal executive
officer of a Federal agency includes:
(i)
The chief executive officer of the agency, or
(ii)
A senior executive officer having responsibility for the overall operations of a
principal geographic unit of the agency (e.g., Regional Administrators of EPA).
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(b)
Reports. All reports required by permits and other information requested by the Director shall be
signed by a person described in paragraph (a) of this section, or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1)
The authorization is made in writing by a person described in paragraph (a) of this section;
(2)
The authorization specifies either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or a well field, superintendent, or position of equivalent responsibility. (A
duly authorized representative may thus be either a named individual or any individual
occupying a named position.) and
(3)
The written authorization is submitted to the Director.
(c)
Changes to authorization. If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of the
facility, a new authorization satisfying the requirements of paragraph (b) of this section must be
submitted to the Director prior to or together with any reports, information, or applications to be
signed by an authorized representative.
(d)
Certification. Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
I certify under penalty of law that this document and all attachments were prepared under the
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations.
RULE 13 - CONTINUATION OF NPDES PERMITS AND EXPIRED RIPDES PERMITS
(a)
The conditions of an NPDES permit or an expired RIPDES permit are continued in force until the
effective date of a new RIPDES permit if: the permittee has submitted a timely and complete
application for a RIPDES permit or an application for a renewal of the permit, and the Department
through no fault of the permittee, does not issue a new permit with an effective date under Rule 46
on or before the expiration date of the previous permit (e.g. when issuance is impracticable due to
time or resource constraints).
(b)
Permits continued under this section remain fully effective and enforceable.
(c)
Enforcement. When the permittee is not in compliance with the conditions of the expiring or
expired permit the Department may choose to do any or all of the following:
(1)
Initiate enforcement action based upon the permit which has been continued;
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(2)
Issue a notice of intent to deny the new permit, under Rule 41. If the permit is denied, the
owner or operator would then be required to cease the activities authorized by the continued
permit or be subject to enforcement action for operating without a permit;
(3)
Issue a new permit with appropriate conditions; or
(4)
Take other actions authorized by these regulations or the General Laws of Rhode Island.
RULE 14 - CONDITIONS APPLICABLE TO ALL PERMITS
14.01 All conditions applicable to all permits shall be incorporated into the permit either expressly or by
reference. A specific citation to these or other regulations shall be given in the permit. The following
conditions apply to all permits:
14.02 Duty to comply
(a)
The permittee shall comply with all conditions of this permit. No pollutant shall be discharged
more frequently than authorized or at a level in excess of that which is authorized by the permit.
The discharge of any pollutant not specifically authorized in the RIPDES permit or listed and
quantified in the RIPDES application shall constitute a violation of the permit. Any permit
noncompliance constitutes a violation of the State Act or other authority of these regulations and is
grounds for enforcement action; for permit termination, revocation and reissuance, or modification;
or for denial of a permit renewal application.
(b)
A permittee shall not achieve any effluent concentration by dilution. Nor shall a permittee increase
the use of process water or cooling water or otherwise attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve permit limitations or water quality standards.
(c)
The permittee shall comply with applicable effluent standards or prohibitions established under
Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has yet been modified to
incorporate the requirement.
14.03 Duty to reapply. If the permittee wishes to continue an activity regulated by a RIPDES permit after the
expiration date of the permit, the permittee shall apply for and obtain a new permit.
14.04 Need to halt or reduce not a defense.
(a)
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the conditions of this
permit.
14.05 Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human health or the
environment.
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14.06 Proper operation, maintenance, and operator licensing. The permittee shall at all times maintain in good
working order and operate as efficiently as possible all treatment works, facilities, and systems of
treatment and control (and related appurtenances) for collection and treatment which are installed or
used by the permittee for water pollution control and abatement to achieve compliance with the terms
and conditions of the permit.
Proper operation and maintenance includes but is not limited to effective performance based on designed
facility removals, adequate funding, effective management, adequate operator staffing and training and
adequate laboratory and process controls including quality assurance procedures as determined to be
appropriate by the Director. This provision requires the filing of an Operation and Maintenance Plan
which describes backup or auxiliary facilities or similar systems to assure compliance with permit
conditions.
14.07 Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not stay any permit condition.
14.08 Property rights. This permit does not convey any property rights of any sort, or any exclusive privilege.
14.09 Duty to provide information. The permittee shall furnish to the Department within a reasonable time, any
information which the Department may request to determine whether cause exists for modifying, revoking
and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall
also furnish to the Department upon request, copies of records required to be kept by this permit.
14.10 Inspection and entry. The permittee shall allow the Department or an authorized representative, upon the
presentation of credentials and other documents as may be required by law to:
(a)
Enter upon the permittee's premises where a discharge source is or might be located or in which
monitoring equipment or records required by a permit are kept for purposes of inspection, sampling
or copying;
(b)
Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this permit;
(c)
Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this permit; and
(d)
Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the State Act, any substances or parameters at any location.
14.11 Monitoring and Records
(a)
All permits shall specify:
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(1)
Requirements concerning the proper use, maintenance, and installation, when appropriate,
of monitoring equipment or methods (including biological monitoring methods when
appropriate);
(2)
Required monitoring including type, intervals, and frequency sufficient to yield data which
are representative of the monitored activity, when appropriate, continuous monitoring;
(3)
Applicable reporting requirements based upon the impact of the regulated activity and as
specified in these regulations but in no case less than once a year.
(b)
The permittee shall monitor:
(1)
The mass (or other measurement specified in the permit) for each pollutant limited in the
permit;
(2)
The volume of effluent discharged from each outfall;
(3)
Other measurements as appropriate; including pollutants in internal waste streams,
pollutants in intake water for net limitations; frequency, rate of discharge, etc. for
noncontinuous discharges; and pollutants subject to notification requirements under Rule
16.01.
(c)
Samples and measurements taken for the purpose of monitoring shall be representative of the
monitored activity.
(d)
All analyses shall be performed in accordance with the analytical test procedures approved under 40
CFR Part 136 or subsequently established by EPA. Where no approved test procedure is available,
the applicant must indicate a suitable analytical procedure and must provide the Department with
literature references or a detailed description of the procedure. The Department may consider such
method as appropriate procedure and may require its use in the RIPDES permit.
14.12 The permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, copies of all
reports required by this permit, and records of all data used to complete the application for this permit, for a
period of at least 5 years from the date of the sample, measurement, report or application. This period may
be extended by request of the Department at any time.
14.13 Records of monitoring information shall include:
(a)
The date, exact place, and time of sampling of measurements;
(b)
The individual(s) who performed the sampling of measurements;
(c)
The date(s) analyses were performed;
(d)
The individual(s) who performed the analyses;
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(e)
The analytical techniques or methods used;
(f)
The results of such analyses; and
(g)
The volume of effluent discharged at the time of sampling or measurement.
14.14 Monitoring results shall be reported on a Discharge Monitoring Report (DMR) and on the Department's
Monitoring Report Form (MRF).
14.15 If the permittee monitors any pollutant more frequently than required by the permit, using test procedures
approved under 40 CFR 136 or as specified in the permit, the results of this monitoring shall be included in
the calculation and reporting of the data submitted in the DMR and MRF.
14.16 Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean
unless otherwise specified by the Department in the permit.
14.17 Reporting requirements.
(a)
Planned changes. The permittee shall give notice to the Department as soon as possible of any
planned physical alterations or additions to the permitted facility.
(b)
Anticipated noncompliance. The permittee shall give reasonable advance notice to the Department
of any planned changes in the permitted facility or activity which may result in noncompliance with
permit requirements.
(c)
Transfers. The permit is not transferable to any person except after notice to the Department. The
Department may require modification, revocation and reissuance of the permit to change the name
of the permittee and incorporate such other requirements as may be necessary.
(d)
Monitoring reports. Monitoring results shall be reported at the intervals specified in the permit.
(e)
Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on,
interim and final requirements contained in any compliance schedule of this permit shall be
submitted no later than 14 days following each schedule date.
14.18 Reporting.
(a)
The permittee shall immediately report any noncompliance which may endanger health or the
environment. Any information shall be provided orally when the permittee becomes aware of the
circumstances by calling DEM, Operations & Maintenance Section at 222-4700 or 222-3070 during
non-business hours. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a description
of the noncompliance and its cause; the period of noncompliance, including exact dates and times,
and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
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(b)
The following shall be included as information which must be reported immediately.
(1)
Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2)
Any upset which exceeds any effluent limitation on the permit.
(3)
Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit.
(c)
The Director may waive the written report in a case-by-case basis for reports under paragraph (b) of
this section if the oral report has been received within 24 hours.
14.19 Other noncompliance. The permittee shall report all instances of noncompliance, not otherwise reported
under subsections 14.17 and 14.18 at the time monitoring reports are submitted. The reports shall contain
the information required in subsection 14.18.
14.20 Bypass
(a)
Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not
cause effluent limitation to be exceeded, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions of paragraphs (b) and (c) of
this section.
(b)
Notice.
(1)
Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass.
(2)
Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Rule 14.18 (24-hour notice).
(c)
Prohibition of bypass.
(1)
Bypass is prohibited, and the Director may take enforcement action against a permittee for
bypass, unless:
(i)
Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage; for purposes of this section "severe property damage" means:
(A)
Substantial physical damage to property, damage to the treatment facilities
which causes them to become inoperable, or substantial and permanent loss
of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
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(ii)
There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if the permittee
could have installed adequate backup equipment to prevent a bypass which occurred
during normal periods of equipment downtime or preventive maintenance; and
(iii)
The permittee submitted notices as required under paragraph (b) of this section.
(2)
The Director may approve an anticipated bypass, after considering its adverse effects, if the
Director determines that it will meet the three conditions listed above in paragraph (c)(1)(i)
of this section.
14.21 Upset.
(a)
Effect of an upset. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of
paragraph (b) of this section are met. No determination made during administrative review of
claims that noncompliance was caused by upset and before an action for noncompliance, is final
administrative action subject to judicial review.
(b)
Conditions necessary for a demonstration of upset. A permittee who wishes to establish the
affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating
logs, or other relevant evidence that:
(1)
An upset occurred and that the permittee can identify the specific cause(s) of the upset;
(2)
The permitted facility was at the time being properly operated;
(3)
The permittee submitted notice of the upset as required in Rule 14.18 of this section (24-
hour notice); and
(4)
The permittee complied with any remedial measures required under Rule 14.05 of this
section.
(c)
Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence
of an upset has the burden of proof.
14.22 Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a
permit application, or submitted incorrect information in a permit application or in any report to the
Department, the permittee shall promptly submit such facts or information.
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RULE 15 - ESTABLISHING LIMITATIONS, STANDARDS & OTHER PERMIT CONDITIONS
15.01 Each permit shall include conditions meeting the following requirements when applicable:
(a)
Technology-based effluent limitations and standards based on effluent limitations and standards
promulgated under Section 301 of the Clean Water Act or new source performance standards
promulgated under Section 306 of the Clean Water Act; or case-by-case effluent limitations
determined under Section 402(a)(1) of the Clean Water Act, or on a combination of the two, in
accordance with 40 CFR Section 125.3.
(b)
Other effluent limitations and standards under Sections 301, 302, 303, 307, 318 and 405 of the
Clean Water Act, and 40 CFR Parts 125, 129, 133, and subchapter N. If any applicable toxic
effluent standard or prohibition (including any schedule of compliance specified in such effluent
standards or prohibition) is promulgated under Section 307(a) of the Clean Water Act for a toxic
pollutant and that standard or prohibition is more stringent that any limitation on the pollutant in the
permit, the Department shall institute proceedings under these regulations to modify or revoke and
reissue the permit to conform to the toxic effluent standard or prohibition.
(c)
Reopener clause: for any discharge within a primary industry category (see Appendix D),
requirements under Section 307(a)(2) of the Clean Water Act as follows:
(1)
Any permit issued shall include effluent limitations and a compliance schedule to meet the
requirements of Sections 301(b)(2)(A),(C),(D),(E) and (F) of the Clean Water Act whether
or not applicable effluent limitation guidelines have been promulgated or approved. Such
permits shall contain a provision that, if an applicable standard limitation is promulgated
under Section 301(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act and
that effluent standard or limitations is more stringent than any effluent limitation in the
permit, or controls a pollutant not limited in the permit, the permit shall be promptly
modified or revoked and reissued to conform to the effluent standard or limitation.
(2)
The Department shall promptly modify or revoke and reissue any permit to incorporate an
applicable effluent standard or limitation under Sections 301(b)(2)(C) and (D), 304(b)(2)
and 307(a)(2) of the Clean Water Act which is promulgated or approved after the permit is
issued if that effluent standard or limitation is more stringent than any effluent limitation in
the permit, or controls a pollutant not limited in the permit.
(d)
Water quality standards and State requirements: any requirements in addition to or more stringent
than promulgated effluent limitations guidelines or standards under Sections 301, 304, 306, 307,
318, and 405 of the Clean Water Act necessary to:
(1)
Achieve water quality standards; established under Section 303 of the Clean Water Act;
(2)
Attain or maintain a specified water quality through water quality-related effluent limits
established under Section 302 of the Clean Water Act;
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(3)
Conform to applicable water quality requirements under Section 401(a)(2) of the Clean
Water Act when the discharge affects a state other than the certifying State;
(4)
Incorporate any more stringent limitations, treatment standards, or schedule of compliance
requirements established under Federal or State law or regulations in accordance with
Section 301(b)(1)(C) of the Clean Water Act or Chapter 46-12 of the General Laws of
Rhode Island;
(5)
Ensure consistency with the requirements of a Water Quality Management plan approved
by EPA and the Governor of Rhode Island under Section 208(b) of the Clean Water Act;
(6)
Incorporate Section 403(c) criteria under 40 CFR Part 125, Subpart M, for ocean
discharges;
(7)
Incorporate alternative effluent limitations or standards where warranted by "fundamentally
different factors", under 40 CFR Part 125, Subpart D.
(e)
Toxic pollutants: limitations established under paragraphs (a), (b), or (d) of this section, to control
pollutants meeting the criteria listed in paragraph (e)(1) of this section, shall be established in
accordance with paragraph (e)(2) of this section. An explanation of the development of these
limitations shall be included in the fact sheet under Rule 39.
(1)
Limitations must control all toxic pollutants which:
(i)
The Department determines (based on information reported in a permit application
under Rule 11 or in a notification under subsection 16.01 or on other information)
are or may be discharged at a level greater than the level which can be achieved by
the technology-based treatment requirements appropriate to the permittee under 40
CFR Section 125.3(c); or
(ii)
The discharger does or may use or manufacture as an intermediate or final product
or byproduct.
(2)
The requirement that the limitations control the pollutants meeting the criteria of paragraph
(e)(1) of this section will be satisfied by:
(i)
Limitations on those pollutants; or
(ii)
Limitations on other pollutants which, in the judgement of the Department, will
provide treatment of the pollutants under paragraph (e)(1) of this section to the
levels required by 40 CFR Section 125.3(c).
(f)
Maximum Daily Discharge Limitations. The requirement that the permit contain a list of all
pollutants for which a permittee must report violations of maximum daily discharge limitations.
33
This list shall include any toxic pollutant or hazardous substance, or any pollutant specifically
identified as the method to control a toxic pollutant or hazardous substance.
(g)
Best Management Practices: Adopt best management practices to control or abate the discharge of
pollutants when:
(1)
Authorized under Section 304(e) of the Clean Water Act for the control of toxic pollutants
and hazardous substances from ancillary activities;
(2)
Authorized under Section 402(p) of CWA for the control of storm water discharges;
(3)
Numeric effluent limitations are infeasible, or
(4)
The practices are reasonably necessary to achieve effluent limitations and standards or to
carry out the purposes and intent of the State and Federal Acts.
(h)
Notification Level: The requirement that the permit contain a "notification level" which may not
exceed those levels provided in Rule 16.01 (a) or the level which can be achieved by the
technology-based treatment requirements appropriate to the permittee under 40 CFR Section
125.3(c).
(i)
Qualifying State, or local programs. A qualifying local program is a local or State storm water
management program that the Director determines, at a minimum, the relevant requirements in
Rule 31(e)(3)(ii) are imposed. Where a qualifying State, or local program does not include one or
more of the elements as conditions in the permit, the operator of the MS4 is required to include the
missing elements in the storm water management program.
(1)
For storm water discharges associated with small construction activity identified in Rule
31(b)(16), the Director may include permit conditions that incorporate qualifying State, or
local erosion and sediment control program requirements by reference. A qualifying State,
or local erosion and sediment control program is one that includes:
(i)
Requirements for construction site operators to implement appropriate erosion and
sediment control best management practices;
(ii)
Requirements for construction site operators to control waste, such as discarded
building materials, concrete truck washout, chemicals, litter, and sanitary waste at
the construction site that may cause adverse impacts to water quality;
(iii)
Requirements for construction site operators to develop and implement a storm
water pollution prevention plan. (A storm water pollution prevention plan includes
site descriptions, description of appropriate control measures, copies of approved
State or local requirements, maintenance procedures, inspection procedures, and
identification of non-storm water discharges); and
34
(iv)
Requirements to submit a site plan for review that incorporates consideration of
potential water quality impacts.
(2)
For storm water discharges from construction activity identified in Rule 31(b)(15)(x), the
Director may include permit conditions that incorporate qualifying State, or local erosion
and sediment control program requirements by reference. A qualifying State, or local
erosion and sediment control program is one that includes the elements listed in paragraph
(i)(1) of this section and any additional requirements necessary to achieve the applicable
technology-based standards of “best available technology” and “best conventional
technology” based on the best professional judgement of the permit writer.
RULE 16 - CONDITIONS APPLICABLE TO SPECIFIC TYPES OF PERMITS
The following conditions, in addition to those set forth in Rules 14 and 15, apply to all RIPDES permits within the
categories specified below:
16.01 Existing manufacturing, commercial, mining, and silvicultural dischargers and research facilities. All
existing manufacturing, commercial, mining, and silvicultural dischargers and research facilities must
notify the Department as soon as they know or have reason to believe:
(a)
That any activity has occurred or will occur which would result in the discharge of any toxic
pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification level".
(1)
One hundred micrograms per liter (100 ug/l);
(2)
Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred
micrograms per liter (500 ug/l) for 2, 4 - dinitrophenol and for 2 - methyl-4, 6-
dinitrophenol, and one milligram per liter (1 mg/l) for antimony:
(3)
Five (5) times the maximum concentration value reported for the pollutant on the permit
application;
(4)
The level established by the Department in accordance with Rule 17.
(b)
That they have begun or expect to begin to use or manufacture as an intermediate or final product or
byproduct any toxic pollutant which was not reported in the permit application.
16.02 POTWs.
(a)
All POTWs must provide adequate notice to the Department of the following:
(1)
Any new introduction of pollutants into the POTW from an indirect discharger which
would be subject to Sections 301 or 306 of the Clean Water Act, if it were directly
discharging those pollutants; and
35
(2)
Any substantial change in the volume or character of pollutants being introduced into that
POTW by a source introducing pollutants into the POTW at the time of issuance of the
permit.
(3)
For purposes of this paragraph, adequate notice shall include information in (i) the quality
and quantity of effluent introduced into the POTW, and (ii) any anticipated impact of the
change on the quantity or quality of effluent to be discharged from the POTW.
16.03 Grants to POTWs. Any conditions imposed in grants made by the Administrator to POTWs under
Sections 201 and 204 of the Clean Water Act or by the Department which are reasonably necessary for the
achievement of effluent limitations under Section 301 of the Clean Water Act or Chapter 46-12 of the
General Laws of Rhode Island.
16.04 Pretreatment Requirements for POTWs
(a)
Identify, in terms of character and volume of pollutants, any significant indirect dischargers into the
POTW subject to pretreatment standards under Section 307(b) of the Clean Water Act, 40 CFR Part
403, and the Rhode Island Pretreatment Regulations;
(b)
Notify the Department in advance of the quality and quantity of all new introduction of pollutants
into a facility and of any substantial change in the pollutants introduced into a facility by an
existing user of the facility, except for such introductions of nonindustrial pollutants as the
Department may exempt from this notification requirement when ample capacity remains in the
facility to accommodate new inflows. Such notifications shall estimate the effects of such
changes on the effluents to be discharged from the facility;
(c)
To establish an effective regulatory program, alone or in conjunction with the operators of sewage
collection systems, that will assure compliance and monitor progress toward compliance by
industrial users of the facilities with toxicity standards and pretreatment standards;
(d)
As actual flows to the facility approach design flow or design loading limits, to submit to the
Department for approval, a program which the permittee and the persons responsible for building
and maintaining the contributory system shall pursue in order to prevent overload of the facilities;
(e)
Submit a local program when required by and in accordance with 40 CFR Part 403 and the Rhode
Island Pretreatment Regulations to assure compliance with pretreatment standards to the extent
applicable under Section 307(b). The local program shall be incorporated into the permit as
described in 40 CFR Part 403 and the Rhode Island Pretreatment Regulations. This program shall
require all indirect dischargers to the POTW to comply with the reporting requirements of 40 CFR
Part 403 and the Rhode Island Pretreatment Regulations.
16.05 Privately Owned Treatment Works. A permit for a privately owned treatment works may contain any
conditions expressly applicable to any user, as a limited co-permittee, that may be necessary in the permit
issued to the treatment works to ensure compliance with applicable regulations parts. Alternatively, the
Director may issue separate permits to the treatment works and to its users, or may require a separate
permit application from any user. The Director's decision to issue a permit with no conditions applicable to
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any user, to impose conditions on one or more users, to issue separate permits, or to require separate
applications, and the basis for that decision, shall be stated in the fact sheet for the draft permit for the
treatment works.
16.06 Reissued Permits
(a)
Except as provided in paragraph (b) of this subsection, when a permit is renewed or reissued,
interim limitations, standards, or conditions which are at least as stringent as the final limitations,
standards, or conditions in the previous permit (unless the circumstances on which the previous
permit was based have materially and substantially changed since the time the permit was issued
and would constitute causes for permit modification or revocation and reissuance) shall be included
in such permit.
(b)
When effluent limitations were imposed under Section 402(a)(1) of the Clean Water Act in a
previously issued permit and these limitations are more stringent than the subsequently
promulgated effluent guidelines, this paragraph shall apply unless:
(1)
The discharger has installed the treatment facilities required to meet the effluent limitations
in the previous permit and has properly operated and maintained the facilities but has
nevertheless been unable to achieve the previous limitations. In this case the limitations in
the renewed or reissued permit may reflect the level of pollutant control actually achieved
(but shall not be less stringent than required by the subsequently promulgated effluent
limitation guidelines);
(2)
The subsequently promulgated effluent guidelines are based in best conventional pollutant
control technology (Section 301(b)(2)(E) of the Clean Water Act);
(3)
The circumstances on which the previous permit was based have materially and
substantially changed since the time the permit was issued and would constitute cause for
permit modification or revocation and reissuance; or
(4)
There is increased production at the facility which results in significant reduction in
treatment efficiency, in which case the permit limitations will be adjusted to reflect any
decreased efficiency resulting from increased production and raw waste loads; but in no
event shall permit limitations be less stringent than those required by subsequently
promulgated standards and limitations.
16.07 Coast Guard. When a permit is issued to a facility that may operate at certain times as a means of
transportation over water, a condition that the discharge shall comply with any applicable regulations
promulgated by the Secretary of the Department in which the Coast Guard is operating, that establish
specifications for safe transportation, handling, carriage, and storage of pollutants.
16.08 Navigation. Any conditions that the Secretary of the Army considers necessary to ensure that navigation
and anchorage will not be substantially impaired, in accordance with Rule 55.
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16.09 Sewage Sludge. A permit may contain conditions governing the disposal of sewage sludge from publicly
owned treatment works in accordance with Section 405 of the Clean Water Act and any applicable
regulations.
16.10 Municipal Separate Storm Sewer Systems.
(a)
The operator of a large or medium municipal separate storm sewer system or a municipal separate
storm sewer that has been designated by the Director under Rule 31(a)(1)(v) must submit an annual
report by the anniversary of the date of the issuance of the permit for such system. The report shall
include:
(1)
The status of implementing the components of the storm water management program that
are established as permit conditions;
(2)
Proposed changes to the storm water management programs that are established as permit
condition. Such proposed changes shall be consistent with Rule 31(d)(2)(iv); and
(3)
Revisions, if necessary, to the assessment of controls and the fiscal analysis reported in the
permit application under Rule 31(d)(2)(v) and (d)(2)(vi);
(4)
A summary of data, including monitoring data, that is accumulated throughout the reporting
year;
(5)
Projected annual expenditures and budget for year following each annual report;
(6)
A summary describing the number and nature of enforcement actions, inspections, and
public education programs; and
(7)
Identification of water quality improvements or degradation.
(b)
The operator of a regulated small MS4 must evaluate program compliance, the appropriateness of
the identified best management practices, and progress towards achieving the identified measurable
goals. The Department may develop specific monitoring requirements in accordance with State
monitoring plans appropriate to the watershed.
(1)
The operator of a regulated small MS4 must keep records required by the RIPDES permit
for at least three (3) years. The operator must submit the records to the Department only
when specifically asked to do so. The operator must make the records, including a copy of
the storm water management program plan, available to the public at reasonable times
during regular business hours.
(2)
Unless the operator is relying on another entity to satisfy the RIPDES permit obligation in
accordance to Rule 31(a)(5)(ii)(D), the operator must submit annual reports to the
Department for the first permit term. For subsequent permit terms, the operator must submit
reports in year two (2) and four (4) unless the Department requires more frequent reports.
The report must include:
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(i)
The status of compliance with permit conditions, an assessment of the
appropriateness of the identified best management practices and progress towards
achieving the identified measurable goals for each of the minimum control
measures;
(ii)
Results of information collected and analyzed, including monitoring data, if any,
during the reporting period;
(iii)
A summary of the storm water activities the operator plans to undertake durng the
next reporting cycle;
(iv)
A change in any identified best management practices or measurable goals for any
of the minimum control measures; and
(v)
Notice that the operator is relying on another government entity to satisfy some of
the permit obligations (if applicable).
RULE 17 - CALCULATING RIPDES PERMIT CONDITIONS
17.01 Outfalls and discharge points. All permit effluent limitations, standards, and prohibitions shall be
established for each outfall or discharge point of the permitted facility, except as otherwise provided under
Rule 15.01(g) (BMPs where limitations are infeasible) and paragraph 17.09 of this section (limitations on
internal waste streams).
17.02 Production-based limitations.
(a)
In the case of POTWs, permit limitations, standards or prohibitions shall be calculated based on
design flow.
(b)
Except in the case of POTWs, calculation of any permit limitations, standards, or prohibitions
which are based on production (or other measure of operation) shall be based not upon the designed
production capacity but rather upon a reasonable measure of actual production of the facility, such
as the production during the high month of previous year, or the monthly average for the highest of
the previous five years. For new sources actual production shall be estimated using projected
production. The time period for calculating permit limitations, for example, monthly production,
shall be used to calculate average monthly discharge limitations.
17.03 Metals. All permit effluent limitations, standards, or prohibitions for a metal shall be expressed in terms of
the total metal (that is, the sum of the dissolved and suspended fractions of the metal) unless:
(a)
An applicable effluent standard or limitation has been promulgated under the Federal or State Acts
and specified the limitation for the metal in the dissolved or valent forms; or
39
(b)
In establishing permit limitations on a case-by-case basis under 40 CFR Section 125.3, it is
necessary to express the limitation on the metal in dissolved or valent form in order to carry out the
provisions of the State and Federal Acts.
17.04 Continuous discharges. For continuous discharges all permit effluent limitations, standards, and
prohibitions, including those necessary to achieve water quality standards, shall unless impracticable be
stated as:
(a)
Maximum daily and average monthly discharge limitations for all dischargers other than publicly
owned treatment works; and
(b)
Maximum daily, average weekly and average monthly discharge limitations for POTWs.
17.05 Non-continuous discharges. Discharges which are not continuous shall be particularly described and
limited, considering the following factors, as appropriate:
(a)
Frequency (for example, a batch discharge shall not occur more than once every 3 weeks);
(b)
Total mass (for example, not to exceed 100 pounds of zinc and 200 pounds of chromium per batch
discharge);
(c)
Maximum rate of discharge of pollutants during the discharge (for example, not to exceed 2 pounds
of zinc per minute); and
(d)
Prohibition or limitation of specified pollutants by mass, concentration, or other appropriate
measure (for example, shall not contain at any time more than 0.1 mg/l zinc or more than .25
pounds of zinc in any discharge).
17.06 Mass limitations.
(a)
All pollutants limited in permits shall have limitations, standards, or prohibitions expressed in
terms of mass except:
(1)
For pH, temperature, radiation, or other pollutants which cannot appropriately be expressed
by mass;
(2)
When applicable standards and limitations are expressed in terms of other units of
measurement; or
(3)
If in establishing permit limitations on a case-by-case basis under 40 CFR Section 125.3,
limitations expressed in terms of mass are infeasible because the mass of the pollutant
discharged cannot be related to a measure of operations (for example, discharges of TSS
from certain mining operations), and permit conditions ensure that dilution will not be used
as a substitute for treatment.
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(b)
Pollutants limited in terms of mass may additionally be limited in terms of other units of
measurement, and the permit shall require the permittee to comply with both limitations.
17.07 Pollutants in intake water. Except as provided in Rule 17.08, effluent limitations imposed in permits shall
not be adjusted for pollutants in the intake water.
17.08 Net limitations.
(a)
Upon request of the discharger, effluent limitations or standards imposed in a permit shall be
calculated on a "net" basis; that is, adjusted to reflect credit for pollutants in the discharger's intake
water, if the discharger demonstrates that its intake water is drawn from the same body of water into
which the discharge is made and if:
(1)
(i) The applicable effluent limitations and standards contained in 40 CFR Subchapter N
specifically provide that they shall be applied on a net basis; or
(ii) The discharger demonstrates that pollutants present in the intake water will not be
entirely removed by the treatment systems operated by the discharger; and
(2)
The permit conditions requiring:
(i)
The permittee to conduct additional monitoring (for example, for flow and
concentration of pollutants) as necessary to determine continued eligibility for and
compliance with any such adjustments; and
(ii)
The permittee to notify the Department if eligibility for an adjustment under this
section has been altered or no longer exists. In that case, the permit may be
modified.
(b)
Permit effluent limitations or standards adjusted under this paragraph shall be calculated on the
basis of the amount of pollutants present after any treatment steps have been performed on the
intake water by or for the discharger. Adjustments under this paragraph shall be given only to the
extent that pollutants in the intake water which are limited in the permit are not removed by the
treatment technology employed by the discharger.
(c)
In addition, effluent limitations or standards shall not be adjusted to the extent that the pollutants in
the intake water vary physically, chemically, or biologically from the pollutants limited in the
permit. Nor shall effluent limitations or standards be adjusted to the extent that the discharger or
standards be adjusted to the extent that the discharger significantly increases concentrations of
pollutants in the intake water, even though the total amount of pollutants might remain the same.
(d)
This subsection shall apply to dischargers to surface or ground water only if the discharger
demonstrates to the satisfaction of the Department that the discharger is not responsible for the
background pollutants present in the intake water.
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17.09 Internal waste streams.
(a)
When permit effluent limitations or standards imposed at the point of discharge are impractical or
infeasible, effluent limitations or standards for discharges of pollutants may be imposed on internal
waste streams before mixing with other waste streams or cooling water streams. In those instances,
the monitoring required by Rule 14.11(b) shall also be applied to the internal waste stream.
(b)
Limits on internal waste streams will be imposed only when the fact sheet under Rule 39 sets forth
the exceptional circumstances which make such limitations necessary, such as when the final
discharge point is inaccessible (for example, under 10 meters of water), the wastes at the point of
discharge are so diluted as to make monitoring impracticable, or the interferences among pollutants
at the point of discharge would make detection or analysis impracticable.
17.10 Disposal of pollutants into wells, into POTWs, or by land applications. Permit limitations and standards
shall be calculated as provided in Rule 18.
17.11 Water quality based effluent limitations applicable to discharge into the surface waters of the State shall be
developed in accordance with "Rhode Island Water Quality Regulations for Water Pollution Control" as
amended.
17.12
(a)
The values assigned to the toxic substances listed in Appendix E shall be used in computing
limitations of an individual toxic substance being discharged from a source into surface waters.
The limitation derived through use of these values shall determine the permissible effluent
concentration of an individual toxic substance provided that the effluent standard for toxic
discharges, as set forth in 40 CFR Section 125.3, is not exceeded.
(b)
In-stream concentrations of discharged pollutants shall be determined by the following formulas, or
other methods which may be found to be acceptable.
(1)
For effluent discharges into surface waters of the State with essentially one dimensional
flow (stream discharge):
(CE x QE) + (Cu x Qu)
Cx = ------------------------
(QE + Qu)
where, Cx = in-stream concentration of pollutants, downstream of the discharge.
CE =
concentration of the pollutant in the effluent.
QE =
effluent discharge flow rate.
Cu =
concentration of the pollutant in the receiving stream, immediately upstream of the
discharge.
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Qu =
the seven day, 10 year, low flow of the receiving stream immediately upstream of
the discharge.
(2)
For effluent discharges into surface waters of the State with essentially multi-dimensional
flow:
vj
F = -------------------
D
g
S/S)
(∆
where, F = Froude number
vj
= jet velocity (ft./sec.)
∆S = difference in specific gravity between the surrounding seawater.
S = Specific gravity of the waste
g = acceleration due to gravity (ft./sec.2)
D = discharge jet diameter (ft.)
The initial dilution, D1, is a function of the Froude number, F, the depth of the discharge
port, Y, and the diameter of the discharge port, d. The dilution factor is determined using
the curves shown in Appendix F, Figure 1.
Secondary dispersion of the effluent will be determined using Appendix F, Figure 2 where:
D2 = dilution due to dispersion after initial dilution
V = current velocity (ft./sec.)
(c)
Where a total maximum daily load has been developed for a pollutant in a given stream segment,
effluent limitations for that pollutant shall be determined by calculating waste load allocations for
individual dischargers within that stream segment, instead of by the methods outlined in paragraph
(a) and (b) of this section.
RULE 18 - CALCULATING ADJUSTED RIPDES PERMIT CONDITIONS FOR CERTAIN
PRACTICES
(a)
When part of a discharger's process wastewater is not being discharged into surface waters of the
State or contiguous zone because it is disposed into a well, into a POTW, or by land application
thereby reducing the flow or level of pollutants being discharged into surface waters of the State,
applicable effluent standards and limitations for the discharge in a RIPDES permit shall be adjusted
to reflect the reduced raw waste resulting from such disposal. Effluent limitations and standards in
the permit shall be calculated by one of the following methods:
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(1)
If none of the waste from a particular process is discharged into surface waters of the State,
and effluent limitations guidelines provide separate allocation for wastes from that process,
all allocations for the process shall be eliminated from calculation of permit effluent
limitations or standards.
(2)
In all cases other than those described in paragraph (a)(1) of this section, effluent limitations
shall be adjusted by multiplying the effluent limitation guidelines to the total waste stream
by the amount of wastewater flow to be treated and discharged into surface waters of the
State and dividing the result by total wastewater flow. Effluent limitations and standards so
calculated may be further adjusted under 40 CFR Part 125, Subpart D or applicable State
regulations to make them more stringent if dischargers to wells, POTWs or by land
application change the character or treatability of the pollutants being discharged to
receiving waters.
This method may be algebraically expressed as:
P = E x N/T
Where P is the permit effluent limitation, E is the limitation derived by applying effluent
guidelines to the total waste stream, N is the wastewater flow to be treated and discharged to
surface waters of the State, and T is the total wastewater flow.
(b)
Paragraph (a) of this section shall not apply to the extent that promulgated effluent limitations
guidelines:
(1)
Control concentrations of pollutants discharged but not mass; or
(2)
Specify a different specific technique for adjusting effluent limitations to account for well
injection, land application, or disposal into POTWs.
(c)
Paragraph (a) of this section does not alter a discharger's obligation to meet any more stringent
requirements established under Rule 14, 15 and 16.
RULE 19 - DURATION OF PERMIT
(a)
A permit shall be effective for a fixed term not to exceed five (5) years.
(b)
A permit may be issued for a full term if the permit includes effluent limitations and a compliance
schedule to meet the requirements of Section 301(b)(2)(A), (C), (D), (E), and (F) of the Clean
Water Act, whether or not applicable effluent limitations guidelines have been promulgated or
approved.
(c)
A determination that a particular discharger falls within a given industrial category for purposes of
setting a permit expiration date under paragraph (b) of this section is not conclusive in that
industrial category for any other purposes, and does not prejudice any rights to challenge or change
that inclusion at the time that a permit based on that determination is formulated.
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(d)
The term of a permit shall not be extended by modification beyond the duration specified in
subsection (a) above.
(e)
The Director may issue any permit for a duration that is less than the full allowable term under this
section.
RULE 20 - SCHEDULE OF COMPLIANCE
20.01 General. The permit may, when appropriate, specify a schedule of compliance leading to compliance with
the State and Federal Acts and all other applicable authority for these regulations.
20.02 Time for compliance. Any schedules of compliance under this section shall require compliance as soon as
possible.
(a)
For discharges to surface water or groundwater, schedules of compliance shall require compliance
not later than the applicable statutory deadline under State and Federal law, and shall be subject to
State and Federal regulations.
(b)
The first RIPDES permit issued to a new source, a new discharger, which commenced discharge
after August 13, 1979, or a recommencing discharge, or a recommencing discharger, may not
contain a schedule of compliance under this section. Within the shortest feasible time of issuance of
the new sources new dischargers recommencing discharge permit (not to exceed 90 days) the owner
or operator must meet permit conditions.
20.03 Interim dates. Except as provided in paragraph (a)(2) of Rule 20.04, if a permittee establishes a schedule of
compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim
requirements and the dates for their achievement.
(a)
The time between interim dates shall not exceed one year.
(b)
If the time necessary for completion of any interim requirement (such as the construction of a
control facility) is more than one year and is not readily divisible into stages for completion, the
permit shall specify interim dates for the submission of reports of progress toward completion
of the interim requirements and indicate a projected completion date. Examples of interim
requirements include: (1) submit a complete step I construction grant (for POTWs); (2) get a
contract for construction of required facilities; (3) commence construction of required facilities;
and (4) complete construction of required facilities.
(c)
Reporting. The permit shall be written to require that no later than 14 days following each interim
date and the final date of compliance, the permittee shall notify the Department in writing of its
compliance or noncompliance with the interim of final requirements.
20.04 Alternative schedules of compliance. A RIPDES permit application or permittee may cease conducting
activities regulated by the State Act rather than continue to operate and meet permit requirements as
follows:
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(a)
If the permittee decides to cease conducting regulated activities at a given time within the term of a
permit which has already been issued:
(1)
The permit may be modified to contain a new or additional schedule leading to timely
cessation of activities; or
(2)
The permittee shall cease conducting permitted activities before noncompliance with any
interim or final compliance schedule requirement already specified in the permit.
(b)
If the decision to cease conducting regulated activities is made before issuance of a permit whose
term will include the termination date, the permit shall contain a schedule leading to termination
which will ensure compliance no later than the statutory deadline in the Clean Water Act.
(c)
If the permittee is undecided whether to cease conducting regulated activities, the Department may
issue or modify a permit to contain two schedules as follows:
(1)
Both schedules shall contain an identical interim deadline requiring a final decision on
whether to cease conducting regulated activities no later than a date which ensures sufficient
time to comply with applicable requirements in a timely manner if the decision is to
continue conducting regulated activities;
(2)
One schedule shall lead to timely compliance with applicable requirements and shall be no
later than the statutory deadline in the Clean Water Act;
(3)
The second schedule shall lead to cessation of regulated activities by a date which will
ensure timely compliance with applicable requirements, and shall be no later than the
statutory deadline in the Clean Water Act;
(4)
Each permit containing two schedules shall include a requirement that after the permittee
has made final decision under paragraph (c)(1) of this section it shall follow the schedule
leading to compliance if the decision is to continue conducting regulated activities, and
follow the schedule leading to termination if the decision is to cease conducting regulated
activities.
(d)
The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by
a solemn public commitment satisfactory to the Department, such as a resolution of the board of
directors of a corporation.
20.05 A publicly owned treatment works (POTW) required to develop a pretreatment program shall have a
pretreatment program compliance schedule incorporated into the RIPDES permit at the time of issuance,
reissuance, or modification of the permit. The compliance schedule shall require the development of an
approvable POTW pretreatment program no later than the time prescribed by 40 CFR Part 403.8 and Rule
10 of the Rhode Island Pretreatment regulations, whichever is more stringent.
46
20.06 New sources or new dischargers or sources which recommence discharging after terminating operations
and those sources which had been indirect dischargers which commence discharging into surface waters of
the State do not qualify for compliance schedules under this section.
20.07 All permittees shall provide a report indicating the status of compliance in accordance with Rule 14.
RULE 21 - EFFECT OF A PERMIT
(a)
Except for any toxic effluent standards and prohibitions imposed under Section 307 of the Clean
Water Act, compliance with a permit during its term constitutes compliance for purposes of
enforcement under the Clean Water Act and Chapter 46-12 of the General Laws of Rhode Island.
A permit, however, may be modified, revoked and reissued, or terminated during its term for cause
as set forth in these regulations.
(b)
The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.
(c)
The issuance of a permit 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.
RULE 22 - TRANSFER OF PERMITS
(a)
Transfer by modification. Except as provided in paragraph (b) of this section, a permit may be
transferred by the permittee to a new owner or operator only if the permit has been modified or
revoked and reissued or a minor modification made to identify the new permittee and incorporate
such other requirements as may be necessary under the State and Federal Acts.
(b)
Automatic transfers. As an alternative to transfers under paragraph (a) of this section, any RIPDES
permit may be automatically transferred to a new permittee if:
(1)
The current permittee notifies the Department in writing by certified mail of the proposed
transfer as follows:
(i)
Where production levels, products produced, rates of discharge, and wastewater
characteristics will remain unchanged, the following information shall be submitted
at least 90 days prior to a proposed "transfer date":
(A)
Name and address of current facility;
(B)
Name and address of new owner;
(C)
RIPDES permit number;
(D)
Names of the new principal persons responsible;
(E)
Names of persons upon whom legal process can be served; and
47
(F)
A notarized statement signed by the new principal officer stating that he has
read the RIPDES permit and agrees to abide by all the conditions of the
permit and that the production levels, products produced, rates of discharge,
and wastewater characteristics will remain unchanged.
(ii)
Where there will be a change in production levels, products produced, rates of
discharge, or wastewater characteristics, the information required in paragraph
(b)(1)(i) shall be submitted at least 180 days prior to a proposed transfer date.
(2)
The current permittee shall include in the notice of proposed transfer a written agreement
between the existing and new permittee which includes a specific date for transfer of permit
responsibility, coverage and liability between the parties.
(3)
The Department does not notify the existing permittee and the proposed new permittee,
within thirty (30) days of receipt of notice or proposed transfer, of an intent to modify,
revoke or revoke and reissue the permit. A modification under this paragraph may also be a
minor modification under Rule 25. If such notice is not received, the transfer is effective on
the date specified in the agreement mentioned in paragraph (b)(2) of this section.
(4)
Whenever the regulated discharge has ceased prior to the proposed permit transfer, any
compliance schedule shall not be automatically reinstated but shall be subject to revision or
complete withdrawal if circumstances leading to its imposition have been changed.
RULE 23 - MODIFICATION, OR REVOCATION AND REISSUANCE OF PERMITS
(a)
When the Department receives any information (for example, inspects the facility, receives
information submitted by the permittee as required in the permit, receives a request for modification
or revocation and reissuance, or conducts a review of the permit file) a determination may be made
by the Department as to whether cause exists including but not limited to causes as provided under
paragraphs (b) and (c) of this section, for modification, or revocation and reissuance of the permit.
If cause exists, the Department may modify, or revoke and reissue the permit accordingly, subject to
the limitations of paragraph (c) of this section, and may request an updated application if necessary.
When a permit is modified, only the conditions subject to modification are reopened. If a permit is
revoked and reissued, the entire permit is reopened and subject to revision. The permit may be
reissued for a new term. If a permit modification satisfies the criteria in Rule 25 for "minor
modifications" the permit may be modified without a draft permit or public review. Otherwise, a
draft permit must be prepared and other procedural steps followed.
(b)
The following are causes for modification, but not revocation and reissuance of permits except
when the permittee requests or agrees:
(1)
Alterations. There are material and substantial alterations or additions to the permitted
facility, activity, or discharge which occurred after a permit issuance which justify the
application of permit conditions that are different or absent in the existing permit.
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(2)
Information. The Department has received new information. Permits may be modified, or
revoked and reissued during their terms for this cause only if the information (other than
revised regulations, guidance, or test methods) was not available at the time of permit
issuance and would have justified the application of different permit conditions at the time
of issuance. For general permits, this cause shall include any information indicating that the
cumulative effects on the environment are unacceptable.
(3)
New regulations or judicial decision. A permit or any condition thereof may be modified,
or revoked and reissued after promulgation of new or amended water quality standards,
effluent limitation guidelines by EPA, or by judicial decision, as follows:
(i)
If the permit or permit condition in question was based on a prior water quality
standard or effluent limitations guidelines which has been altered or revoked; or
(ii)
If a court of competent jurisdiction has remanded and stayed the new standards or
regulations.
The procedures provided by Rule 36 for modification, or revocation and reissuance may be
initiated by the Department or by any interested person (including the permittee) within 90
days of the new guideline or judicial remand. If such modification or revocation and
reissuance is ordered, the Department may provide for a schedule of compliance in
accordance with Rule 20 in order for the permittee to attain the new standards. If conditions
of the permit are not contested, they shall go into effect notwithstanding the contesting of
other conditions.
(4)
Compliance schedules. The Department determines good cause exists for modification of a
compliance schedule, such as an act of God, strike, flood, or materials shortage or other
events over which the permittee has little or no control and for which there is no reasonably
available remedy. However, in no case shall a RIPDES compliance schedule be modified to
extend beyond an applicable statutory deadline. This does not preclude the Department
from the revocation and reissuance of a compliance schedule for cause.
(5)
The Department may also modify a permit:
(i)
When the permittee has filed a timely request for a variance, or for "fundamentally
different factors" under the Clean Water Act and the Department processes the
request under the applicable provision of Rule 57.
(ii)
When required to incorporate an applicable toxic effluent standard or prohibition
under 307(a) of the Clean Water Act.
(iii)
When required by the "reopener" conditions in a permit, which are established in the
permit under Rule 15.01 (for toxic effluent limitations) or Rule 12 of the Rhode
Island Pretreatment Regulations.
(iv)
Upon request of a permittee who qualifies for effluent limitations on a net basis.
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(v)
When a discharger is no longer eligible for net limitations.
(vi)
As necessary under 40 CFR Section 403.8(e) or Rule 10 of the Rhode Island
Pretreatment Regulations (compliance schedule for development of pretreatment
program).
(vii)
Upon failure of the State to notify, as required by Section 402(b)(3) of the Clean
Water Act, another state whose waters may be affected by a discharge from the
State.
(viii) When the level of discharge of any pollutant which is not limited in the permit
exceeds the level which can be achieved by the technology-based treatment
requirements appropriate to the permittee under 40 CFR Section 125.3(c).
(ix)
When the permittee begins or expects to begin to use or manufacture as an
intermediate or final product or byproduct any toxic pollutant which was not
reported in the permit application.
(x)
To establish a "notification level" as provided in Rules 15.01 and 16.01.
(xi)
To modify a schedule of compliance to reflect the time lost during construction of
an innovative or alternative facility, in the case of a POTW which has received a
grant under Section 202(a)(3) of the Clean Water Act for 100% of the costs to
modify or replace facilities constructed with a grant for innovative and alternative
wastewater technology under Section 202(a)(2) of the Clean Water Act. In no case
shall the compliance schedule be modified to extend beyond an applicable Clean
Water Act statutory deadline for compliance.
(xii)
To include a plan or compliance schedule for the disposal of septage or sludge in
accordance with "Rhode Island Rules and Regulations Pertaining to the Disposal
and Utilization of Wastewater Treatment Facility Sludge."
(xiii) For a small MS4, to include an effluent limitation requiring implementation of a
minimum control measure or measures as specified in Rule 31(e)(3) when:
(A)
The permit does not include such measure(s) based upon the determination
that another entity was responsible for implementation of the requirement(s);
and
(B)
The other entity fails to implement the measure(s) that satisfy the
requirement(s).
(c)
Cause for modification, or revocation and reissuance. The following are causes to modify or
revoke and reissue a permit:
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(1)
Cause exists for termination under Rule 24 and the Department determines that
modification, or revocation and reissuance is appropriate.
(2)
The Department has received notification of a proposed transfer of the permit. A permit
also may be modified to reflect a transfer after the effective date of an automatic transfer but
will not be revoked and reissued after the effective date of the transfer except upon the
request of the new permittee.
RULE 24 - TERMINATION OF PERMITS
(a)
The following are causes for terminating a permit during its term, or for denying a permit renewal
application:
(1)
Noncompliance by the permittee with any condition of the permit;
(2)
Failure to pay applicable fees;
(3)
The permittee's failure in the application or during the issuance of a NPDES or RIPDES
permit, a treatment works approval or Construct and Operate order to disclose fully all
relevant facts, or the permittee's misrepresentation of any relevant facts at any time;
(4)
A determination that the permitted activity endangers human health or the environment and
can only be regulated to acceptable levels by permit modification or termination;
(5)
A change in any condition that requires either a temporary or a permanent reduction or
elimination of any discharge controlled by the permit;
(6)
The nonconformance of the discharge with any applicable facility, basin or areawide plans;
or
(7)
Inconsistency with any duly promulgated effluent limitation, permit, regulation, statute, or
other applicable State or Federal Law.
RULE 25 - MINOR MODIFICATIONS OF PERMITS
Upon the consent of the permittee, the Department may modify a permit to make the corrections or allowances for
changes in the permitted activity listed in this section, without following the procedures of Rule 36. Any permit
modification not processed as a minor modification under this section shall be made for cause and with draft
permit and public notice.
Minor modifications may only:
(a)
Correct typographical errors;
(b)
Require more frequent monitoring or reporting by the permittee;
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(c)
Change an interim compliance date in a schedule of compliance, provided the new date is not more
than 120 days after the date specified in the existing permit and does not interfere with attainment
of the final compliance date requirement;
(d)
Allow for a change in ownership or operational control of a facility where the Department
determines that no other change in the permit is necessary, provided that a written agreement
containing a specific date for transfer of permit responsibility, coverage, and liability between the
current and new permittees has been submitted to the Department;
(e)
Change the construction schedule for a discharger which is a new source. No such change shall
affect a discharger's obligation to have all pollution control equipment installed and in operation
prior to discharge;
(f)
Delete a point source outfall when the discharge from that outfall is terminated and does not result
in discharge of pollutants from other outfalls except in accordance with permit limits.
RULE 26 - NONCOMPLIANCE AND PROGRAM REPORTING BY THE DEPARTMENT
The Department shall prepare quarterly and annual reports as detailed below. Any reports required under this
section shall be submitted to the Regional Administrator and to any facility listed in the report.
(a)
Quarterly reports. The Department shall prepare quarterly narrative reports for major facilities as
follows:
(1)
Format. The report shall use the following format:
(i)
Provide separate lists of each type of discharge and sub-categorize the permittee as
non-POTWs, POTWs, and Federal permittees;
(ii)
Alphabetize each list by permittee name. When two or more permittees have the
same name, the lowest permit number shall be entered first;
(iii)
For each entry on a list, include the following information in the following order:
(A)
Name, location, and permit number of the non-complying permittee.
(B)
A brief description and date of each instance of noncompliance for that
permittee. Instances of noncompliance may include one or more of the
kinds set forth in paragraph (a)(2) of this section. When a permittee has
noncompliance of more than one kind, combine the information into a single
entry for each such permittee.
(C)
The date(s) and a brief description of the action(s) taken by the Department
to ensure compliance.
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(D)
Status of the instance(s) of noncompliance with the date of the review of the
status or the date of resolution.
(E)
Any details which tend to explain or mitigate the instance(s) of
noncompliance.
(2)
Instances of noncompliance to be reported. Any instances of noncompliance within the
following categories shall be reported in successive reports until the noncompliance is
reported as resolved. Once compliance is reported as resolved, it need not appear in
subsequent reports.
(i)
Failure to complete construction elements. When the permittee has failed to
complete, by the date specified in the permit, an element of a compliance schedule
involving either planning for construction (for example, award of a contract,
preliminary plans), or a construction step (for example, begin construction, attain
operation level), and the permittee has not returned to compliance by accomplishing
the required element of the schedule within 30 days from the date a compliance
schedule report is due under the permit.
(ii)
Modification of schedules of compliance. When a schedule of compliance in the
permit has been modified under Rules 23 and 25 because of the permittee's
noncompliance.
(iii)
Failure to complete or provide compliance schedule or monitoring reports: When
the permittee has failed to complete or provide a report required in a permit
compliance schedule (for example, progress report or notice of noncompliance or
compliance) or a monitoring report, and the permittee has not submitted the
complete report within 30 days from the date it is due under the permit for
compliance schedules, or from the date specified in the permit for monitoring
reports.
(iv)
Deficient reports. When the required reports provided by the permittee are so
deficient as to cause misunderstanding by the Department and thus impede the
review of the status of compliance.
(v)
Noncompliance with other permit requirements. Noncompliance shall be reported in
the following circumstances:
(A)
Whenever the permittee has violated a permit requirement (other than
reported under paragraphs (a)(2)(i) or (ii) of this section), and has not
returned to compliance within 45 days from the date reporting of
noncompliance was due under the permit; or
(B)
When the Department determines that a pattern of noncompliance exists for
a major facility permittee over the most recent four consecutive reporting
periods. This pattern of noncompliance is based on violations of monthly
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averages and excludes parameters where there is continuous monitoring.
This pattern includes any violation of the same requirement in two
consecutive reporting periods, and any violation of one or more
requirements in each of four consecutive reporting periods; or
(C)
When the Department determines significant permit noncompliance or other
significant event has occurred, such as a discharge of a toxic or hazardous
substance.
(vi)
All other. Statistical information shall by reported quarterly on all other instances of
noncompliance by major facilities with permit requirements not otherwise reported
under paragraph (a) of this section.
(b)
Annual reports. The Department shall prepare an annual report as required in this paragraph and
shall submit an annual report to EPA.
(1)
Statistical reports shall be prepared by the Department on non-major permittees indicating
the total number reviewed, the number of noncomplying non-major permittees, the number
of enforcement actions, and number of permit modifications extending compliance
deadlines. The statistical information shall be organized to follow the types of
noncompliance listed in paragraph (a) of this section.
(2)
A separate list of non-major discharges which are one or more years behind in construction
phases of the compliance schedule shall also be prepared in alphabetical order by name and
permit number.
(c)
Schedule
(1)
Quarterly Reports
(i)
On the last working day of May, August, November and February, the Department
shall submit to the Regional Administrator information concerning noncompliance
with permit requirements by major dischargers in the State in accordance with the
schedule below.
(ii)
The Department shall make noncompliance reports concerning all RIPDES permits
available to the public in accordance with the schedule below.
Quarters Covered by Reports on Noncompliance
by All Major Dischargers
January, February, and March.......................................May 31
April, May, and June.. ................................................. Aug. 31
July, August, and September ....................................... Nov. 30
October, November, and December.............................Feb. 28
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(2)
For all annual reports. The period for annual reports shall be for the calendar year ending
December 31, with reports completed and available to the public no more than 60 days
later.
RULE 27 - CONCENTRATED ANIMAL FEEDING OPERATIONS
(a)
Permit requirement. "Concentrated animal feeding operations" (as defined in Rule 3) are point
sources subject to the RIPDES permit program.
(b)
Case-by-case designation of concentrated animal feeding operations.
(1)
The Department may designate any animal feeding operation as a concentrated animal
feeding operation upon determining that it is a significant contributor of pollution to the
waters of the State. In making this designation the Department shall consider the following
factors:
(i)
The size of the animal feeding operation and the amount of wastes reaching the
waters of the State;
(ii)
The location of the animal feeding operation relative to waters of the State;
(iii)
The means of conveyance of animal wastes and process wastewaters into waters of
the State;
(iv)
The slope, vegetation, rainfall, and other factors affecting the likelihood or
frequency of discharge of animal waste and process wastewaters into waters of the
State; and
(v)
Other relevant factors.
(2)
No animal feeding operation with less than the numbers of animals set forth in Appendix B
shall be designated as a concentrated animal feeding operation unless:
(i)
Pollutants are discharged into waters of the State through a manmade ditch, flushing
system, or other similar manmade device; or
(ii)
Pollutants are discharged directly into waters of the State which originate outside of
the facility and pass over, across, or through the facility or otherwise come into
direct contact with the animals confined in the operation.
(3)
A permit application shall not be required from a concentrated animal feeding operation
designated under this paragraph until the Department has conducted an on-site inspection of
the operation and determined that the operation should and could be regulated under the
permit program.
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RULE 28 - CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITIES
(a)
Permit requirements. "Concentrated aquatic animal production facilities" (as defined in Rule 3) are
point sources subject to the RIPDES permit program.
(b)
Case-by-case designation of concentrated animal production facilities.
(1)
The Department may designate any warm or cold water aquatic animal production facility
as a concentrated aquatic animal production facility upon determining that it is a significant
contributor of pollution to waters of the State. In making this designation the Department
shall consider the following factors:
(i)
The location and quality of the receiving waters of the State;
(ii)
The holding, feeding, and production capacities of the facility;
(iii)
The quantity and nature of the pollutants reaching waters of the State; and
(iv)
Other relevant factors.
(2)
A permit application shall not be required from a concentrated aquatic animal production
facility designated under this paragraph until the Department has conducted an on-site
inspection of the facility and has determined in accordance with the criteria in Appendix C
that the facility should and could be regulated under the permit program.
RULE 29 - AQUACULTURE PROJECTS
(a)
Permit requirements. Discharges into "aquaculture projects" (as defined in Rule 3) are subject to
the RIPDES permit program in accordance with 40 CFR Part 125, Subpart 8 and Chapter 46-12 of
the General Laws of Rhode Island.
RULE 30 - SILVICULTURAL ACTIVITIES
(a)
Permit requirements. "Silvicultural point sources" (as defined in Rule 3) are point sources subject
to RIPDES permit program.
RULE 31 - STORM WATER DISCHARGES
(a)
Permit requirement.
(1)
The following discharges composed entirely of storm water shall be required to obtain a
RIPDES permit:
(i)
A discharge with respect to which a permit has been issued prior to February 4,
1987;
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(ii)
A discharge associated with industrial activity (see Rule 31(b)(15));
(iii)
A discharge from a large municipal separate storm sewer system;
(iv)
A discharge from a medium municipal separate storm sewer system;
(v)
A discharge from a small municipal separate storm sewer system (see Rule
31(a)(5));
(vi)
A discharge associated with small construction activity (see Rule 31(b)(16));
(vii)
A discharge or a category of discharges within a geographic area which the Director
or the EPA Regional Administrator, determines to contribute to a violation of a
water quality standard or is a significant contributor of pollutants to waters of the
State. This designation may include a discharge from any conveyance or system of
conveyances used for collecting and conveying storm water runoff or a system of
discharges from municipal separate storm sewers, except for those discharges from
conveyances which do not require a permit under paragraph (a)(2) of this section.
The Director may designate discharges from municipal separate storm sewers on a
system-wide basis. In making this determination the Director may consider the
following factors:
(A)
The location of the discharge with respect to waters of the State as defined in
Rule 3.
(B)
The size of the discharge;
(C)
The quantity and nature of the pollutants discharged to waters of the State;
and
(D)
Other relevant factors.
(viii) A discharge for which the Director or the EPA Regional Administrator determines
that storm water controls are necessary to ensure implementation of wasteload
allocations that are part of “total maximum daily loads” (TMDLs) that address the
pollutant(s) that has been identified as the cause of impairment of the water body.
(2)
Mining and oil and gas exploration. The Director may not require a permit for discharges of
storm water runoff from mining operations or oil and gas exploration, production,
processing or treatment operations or transmission facilities, composed entirely of flows
which are from conveyances or systems of conveyances (including but not limited to pipes,
conduits, ditches, and channels) used for collecting and conveying precipitation runoff and
which are not contaminated by contact with or that has not come into contact with, any
overburden, raw material, intermediate products, finished product, byproduct or waste
products located on the site of such operations.
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(3)
Municipally owned or operated discharges of storm water associated with industrial
activity. For any storm water discharge associated with industrial activity from a facility that
is owned or operated by a municipality with a population of less than 100,000 that does not
have an effective RIPDES permit authorizing the discharge other than an airport, power
plant, or uncontrolled sanitary landfill, a permit application must be submitted by March 10,
2003.
(4)
Large and medium municipal separate storm sewer systems.
(i)
Permits must be obtained for all discharges from large and medium municipal
separate storm sewer systems. However, the owner or operator of a municipal
separate storm sewer system may petition the Director to reduce the Census
estimates of the population served by such separate system to account for storm
water discharged to combined sewers as defined by 40 CFR 35.2005(b)(11) that is
treated in a publicly owned treatment works. In municipalities in which combined
sewers are operated, the Census estimates of population may be reduced
proportional to the fraction, based on estimated lengths, of the length of combined
sewers over the sum of the length of combined sewers and municipal separate storm
sewers where an applicant has submitted the RIPDES permit number associated
with each discharge point and a map indicating areas served by combined sewers
and the location of any combined sewer overflow discharge point.
(ii)
The Director may either issue one system-wide permit covering all discharges from
municipal separate storm sewers within a large or medium municipal storm sewer
system or issue distinct permits for appropriate categories of discharges within a
large or medium municipal separate storm sewer system including, but not limited
to: all discharges owned or operated by the same municipality; located within the
same jurisdiction; all discharges within a system that discharge to the same
watershed; discharges within a system that are similar in nature; or for individual
discharges from municipal separate storm sewers within the system.
(iii)
The operator of a discharge from a municipal separate storm sewer which is part of
a large or medium municipal separate storm sewer system must either:
(A)
Participate in a permit application (to be a permittee or a co-permittee) with
one or more other operators of discharges from the large or medium
municipal storm sewer system which covers all, or a portion of all,
discharges from the municipal separate storm sewer system;
(B)
Submit a distinct permit application which only covers discharges from the
municipal separate storm sewers for which the operator is responsible; or
(C)
A regional authority may be responsible for submitting a permit application
under the following guidelines:
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(1)
The regional authority together with co-applicants shall have
authority over a storm water management program that is in
existence, or shall be in existence at the time part 1 of the
application is due;
(2)
The permit applicant or co-applicants shall establish their ability to
make a timely submission of Part 1 and Part 2 of the municipal
application;
(3)
Each of the operators of municipal separate storm sewers within the
systems described in paragraphs (b)(4)(i), (ii), and (iii) or (b)(7) (i),
(ii), and (iii) of this section, that are under the purview of the
designated regional authority, shall comply with the application
requirements of paragraph (d) of this section.
(iv)
One permit application may be submitted for all or a portion of all municipal
separate storm sewers within adjacent or interconnected large or medium municipal
separate storm sewer systems. The Director may issue one system-wide permit
covering all, or a portion of all municipal separate storm sewers in adjacent or
interconnected large or medium municipal separate storm sewer systems.
(v)
Permits for all or a portion of all discharges from large or medium municipal
separate storm sewer systems that are issued on a system-wide, jurisdiction-wide,
watershed or other basis may specify different conditions relating to different
discharges covered by the permit, including different management programs for
different drainage areas which contribute storm water to the system.
(vi)
Co-permittees need only comply with permit conditions relating to discharges from
the municipal separate storm sewers for which they are operators.
(5)
Small municipal storm sewer systems.
(i)
The following discharges from small municipal separate storm sewer systems must
obtain permits:
(A)
The small MS4, excluding systems operated by federal and State government,
is located in an urbanized area as determined by the latest Decennial Census
by the Bureau of Census, unless a waiver is granted in accordance to Rule
31(g)(5). If any portion of the small MS4 is not entirely located within an
urbanized area, the portion that is within the urbanized area is regulated (see
Appendix H).
(B)
The small MS4, excluding systems operated by federal and State government,
is located in a densely populated area as defined in Rule 31(b)(20), unless a
waiver is granted in accordance to Rule 31(g)(5). If any portion of the small
59
MS4 is not entirely located within a densely populated area, the portion that is
within the densely populated area is regulated (see Appendix I).
(C)
The small MS4, operated by federal or State government serves a facility with
an average daily population of equal to or greater than 1,000.
(D)
Any portion of the small MS4 operated by the Rhode Island Department of
Transportation is located in an urbanized area as determined by the latest
Decennial Census by the Bureau of Census or a densely populated area, as
defined in Rule 31(b)(20), or serves a divided highway regardless of its
location, only these portions are regulated (see Appendix J).
(E)
The Director has determined that the system is contributing substantially to
the pollutant loadings of a physically-interconnected regulated MS4.
(F)
The Director has determined that the information required for granting a
waiver has substantially changed or upon consideration of a petition to review
a waiver when the petitioner provides evidence that the information required
for granting the waiver has substantially changed in accordance with Rule
31(g).
(G)
On or after March 10, 2008, the small MS4 discharges to any Special
Resource Protection Waters (SPRWs), Outstanding National Resource Waters
(ONRWs), or impaired water bodies within its jurisdiction and a waiver has
not been granted in accordance to Rule 31(g)(5)(iii).
(H)
The Director has determined that the small MS4 discharge contributes to a
violation of a water quality standard or is a significant contributor of
pollutants to waters of the State in accordance with Rule 31(a)(1)(vii).
(I)
The Director has determined that storm water controls are needed for the
small MS4 discharge based on wasteload allocations that are part of “total
maximum daily loads” (TMDLs) that address the pollutant(s) of concern in
accordance with Rule 31(a)(1)(viii).
(J)
The Director has designated the small MS4 based on a petition pursuant to
Rule 31(a)(5)(E) or Rule 31(g).
(ii)
The operator of a small MS4 may rely on another entity to satisfy the permit
obligations to implement a minimum control measure as follows:
(A)
The other entity, in fact, implements the minimum control measure;
(B)
The particular control measure, or component thereof, is at least as stringent
as the corresponding permit requirements; and
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(C)
The other entity agrees to implement the control measure on the behalf of the
operator of the regulated small MS4;
(D)
If the operator of the small MS4 is relying on another governmental entity
regulated under Rule 31(a)(5)(i) to satisfy all of the permit obligations,
including the obligation to file periodic reports required in Rule 16.10(b), the
operator of the small MS4 must note that fact in the Notice of Intent (NOI),
but the operator is not required to file the periodic reports.
(E)
The operator of the small MS4 remains responsible for compliance with the
permit requirements if the entity fails to implement the control measure or
component thereof.
(F)
The Director may recognize, either in the individual permit or in a general
permit, that the Department or another governmental entity is responsible
under a RIPDES Permit for implementing one or more of the minimum
control measures for the small MS4. In such cases, the operator is not required
to include the minimum control measure implemented by that entity as
required by Rule 31(e)(3).
(G)
If the governmental entity identified in paragraph (F) of this section fails to
implement a minimum control measure, the permit issued in accordance with
Rule 31(e) may be reopened and modified in accordance with Rule 23 to
include the requirement to implement a minimum control measure.
(iii)
Operators of regulated small MS4s shall fully implement the Storm Water
Management Program Plan as defined in Rule 31(e)(3) within the first permit term of
five (5) years.
(iv)
The operator of the small MS4 must comply with other applicable permit
requirements, standards and conditions established in the individual or general permit,
developed consistent with the provisions of Rule 14 through Rule 20, as appropriate.
(v)
The operator of the small MS4 must comply with any more stringent effluent
limitations of the permit, including permit requirements that modify, or are in
addition to the minimum control measures in Rule 31(e)(3)(ii) based on an approved
total maximum daily load (TMDL) or equivalent analysis. The Director may include
such more stringent limitations based on a TMDL or equivalent analysis that
determines such limitations are needed to protect water quality.
(vi)
If an existing qualifying local program requires the operator of the small MS4 to
implement one or more of the minimum control measures of Rule 31(e)(3)(ii), the
Department may include conditions in the RIPDES permit that direct the operator of
the small MS4 to follow that qualifying program’s requirements rather than the
requirements of Rule 31(e)(3). A qualifying local program is a local or State storm
water management program that meets the requirements of Rule 15.01(i).
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(6)
Discharges through large and medium municipal separate storm sewer systems. In addition to
meeting the requirements of paragraph (c) of this section, an operator of a storm water
discharge associated with industrial activity which discharges through a large or medium
municipal separate storm sewer system shall submit, to the operator of the municipal separate
storm sewer system receiving the discharge thirty (30) days after the effective date of these
Regulations, or for a new discharge, 180 days prior to commencing such discharge: the name
of the facility; a contact person and phone number; the location of the discharge; a
description, including Standard Industrial Classification, which best reflects the principal
products or services provided by each facility; and any existing RIPDES permit number.
(7)
Other municipal separate storm sewers. The Director may issue permits for municipal
separate storm sewers that are designated under paragraphs (a)(1)(vii) and (viii) of this
section on a system-wide basis, jurisdiction-wide basis, watershed basis or other appropriate
basis, or may issue permits for individual discharges.
(8)
Non-municipal separate storm sewers. For storm water discharges associated with industrial
activity from point sources which discharge through a non-municipal or non-publicly owned
separate storm sewer system, the Director, in his or her discretion, may issue: a single
RIPDES permit to the operator of the portion of the system that discharges into waters of the
State, with each contributing discharger listed as a co-permittee or; individual permits to each
discharger of storm water associated with industrial activity through the non-municipal
conveyance system.
(i)
All storm water discharges associated with industrial activity that discharge through a
storm water discharge system that is not a municipal separate storm sewer must be
covered by an individual permit, or a permit issued to the operator of the portion of
the system that discharges to waters of the State, with each discharger to the
non-municipal conveyance a co-permittee to that permit.
(ii)
Where there is more than one operator of a single system of such conveyances, all
operators of storm water discharges associated with industrial activity must submit
applications.
(iii)
Any permit covering more than one operator shall identify the effluent limitations, or
other permit conditions, if any, that apply to each operator.
(9)
Combined sewer systems. Conveyances that discharge storm water runoff combined with
municipal sewage are point sources that must obtain RIPDES permits in accordance with the
procedures of Rule 10 and are not subject to the provisions of this section.
(10)
Effect on Eligibility for Federal Funding. Whether a discharge from a municipal separate
storm sewer is or is not subject to regulation under this section shall have no bearing on
whether the owner or operator of the discharge is eligible for funding under Title II, Title
III or Title VI of the Clean Water Act. See 40 CFR Part 35, Subpart I, Appendix
A(b)H.2.j.
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(b)
Definitions.
(1)
"Co-permittee" means a permittee to a RIPDES permit that is only responsible for permit
conditions relating to the discharge for which it is operator.
(2)
"Illicit discharge" means any discharge to a municipal separate storm sewer that is not
composed entirely of storm water except discharges pursuant to a RIPDES permit (other
than the RIPDES permit for discharges from the municipal separate storm sewer) and
discharges resulting from fire fighting activities.
(3)
"Incorporated place" means a city, town, or other definable place that is incorporated under
the laws of the State.
(4)
"Large municipal separate storm sewer system" means all municipal separate storm sewers
that are either:
(i)
Located in an incorporated place with a population of 250,000 or more as
determined by the 1990 Decennial Census by the Bureau of Census (Appendix G);
or
(ii)
Located in the counties listed in Appendix I, except municipal separate storm sewers
that are located in the incorporated places, townships or towns within such counties;
or
(iii)
Owned or operated by a municipality other than those described in paragraph
(b)(4)(i) or (ii) of this section and that are designated by the Director as part of the
large or medium municipal separate storm sewer system due to the interrelationship
between the discharges of the designated storm sewer and the discharges from
municipal separate storm sewers described under paragraph (b)(4) (i) or (ii) of this
section. In making this determination the Director may consider the following
factors:
(A)
Physical interconnections between the municipal separate storm sewers;
(B)
The location of discharges from the designated municipal separate storm
sewer relative to discharges from municipal separate storm sewers described
in paragraph (b)(4)(i) of this section;
(C)
The quantity and nature of pollutants discharged to waters of the State;
(D)
The nature of the receiving waters; and
(E)
Other relevant factors.
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(iv)
The Director may, upon petition, designate as a large municipal separate storm
sewer system, municipal separate storm sewers located within the boundaries of a
region defined by a storm water management regional authority based on a
jurisdictional, watershed, or other appropriate basis that includes one or more of the
systems described in paragraph (b)(4)(i), (ii), (iii) of this section.
(5)
"Major municipal separate storm sewer outfall" (or "major outfall") means a municipal
separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36
inches or more or its equivalent (discharge from a single conveyance other than circular
pipe which is associated with a drainage area of more than 50 acres); or for municipal
separate storm sewers that receive storm water from lands zoned for industrial activity
(based on comprehensive zoning plans or the equivalent), an outfall that discharges from a
single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge
from other than a circular pipe associated with a drainage area of 2 acres or more).
(6)
"Major outfall" means a major municipal separate storm sewer outfall.
(7)
"Medium municipal separate storm sewer system" means all municipal separate storm
sewers that are either:
(i)
Located in an incorporated place with a population of 100,000 or more but less than
250,000, as determined by the 1990 Decennial Census by the Bureau of Census
(Appendix H); or
(ii)
Located in the counties listed in Appendix J, except municipal separate storm
sewers that are located in the incorporated places, townships or towns within such
counties; or
(iii)
Owned or operated by a municipality other than those described in paragraph
(b)(4)(i) or (ii) of this section and that are designated by the Director as part of the
large or medium municipal separate storm sewer system due to the interrelationship
between the discharges of the designated storm sewer and the discharges from
municipal separate storm sewers described under paragraph (b)(4)(i) or (ii) of this
section. In making this determination the Director may consider the following
factors:
(A)
Physical interconnections between the municipal separate storm sewers;
(B)
The location of discharges from the designated municipal separate storm
sewer relative to discharges from municipal separate storm sewers described
in paragraph (b)(7)(i) of this section;
(C)
The quantity and nature of pollutants discharged to waters of the State;
(D)
The nature of the receiving waters; or
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(E)
Other relevant factors.
(iv)
The Director may, upon petition, designate as a medium municipal separate storm
sewer system, municipal separate storm sewers located within the boundaries of a
region defined by a storm water management regional authority based on a
jurisdictional, watershed, or other appropriate basis that includes one or more of the
systems described in paragraphs (b)(7)(i), (ii), (iii) of this section.
(8)
"Municipal separate storm sewer" means a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains):
(i)
Owned or operated by a city or town or the State district association, or other public
body (created by or pursuant to State law) having jurisdiction over disposal of
sewage, industrial wastes, storm water, or other wastes, including special districts
under State law such as a sewer district, flood control district or drainage district, or
similar entity, or an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under section 208 of the CWA that
discharges to waters of the State;
(ii)
Designed or used for collecting or conveying storm water;
(iii)
Which is not a combined sewer; and
(iv)
Which is not part of a Publicly Owned Treatment Works (POTW) as defined in
Rule 3.
(9)
"Outfall" means a point source as defined by Rule 3 at the point where a municipal separate
storm sewer discharges to waters of the State and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances
which connect segments of the same stream or other waters of the State and are used to
convey waters of the State.
(10)
"Overburden" means any material of any nature, consolidated or unconsolidated, that
overlies a mineral deposit, excluding topsoil or similar naturally-occurring surface materials
that are not disturbed by mining operations.
(11)
"Runoff coefficient" means the fraction of total rainfall that will appear at a conveyance as
runoff.
(12)
"Section 313 Water Priority Chemical" means a chemical or chemical categories which are:
(i)
Listed at 40 CFR 372.65 pursuant to section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also entitled the
"Emergency Planning and Planning and Community Right-to-Know Act of 1986";
(42 U.S.C. 11001 et seq).
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(ii)
Present at or above threshold levels at a facility subject to SARA Title III, section
313 reporting requirements; and
(iii)
Meet at least one of the following criteria:
(A)
Are listed in appendix D of 40 CRF part 122 on either Table II (Organic
priority pollutants), Table III (certain metals, cyanides, and phenols), or
Table V (certain toxic pollutants and hazardous substances);
(B)
Are listed as a hazardous substance pursuant to section 311(b)(2)(A) of the
CWA at 40 CFR 116.4; or
(C)
Are pollutants for which EPA has published acute or chronic water quality
criteria.
(13)
"Significant materials" includes, but is not limited to: raw materials; fuels; materials such as
solvents, detergents, and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production; hazardous substances designated under
Section 101(14) of CERCLA; any chemical the facility is required to report pursuant to
Section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes,
slag and sludge that have the potential to be released with storm water discharges.
(14)
"Storm water" means storm water runoff, snow melt runoff, and surface runoff and
drainage.
(15)
"Storm water discharge associated with industrial activity" means the discharge from any
conveyance which is used for collecting and conveying storm water to separate storm
sewers and/or directly to a water body and which is directly related to manufacturing,
processing or raw materials storage areas at an industrial plant. The term does not include
discharges from facilities or activities excluded from the RIPDES program under 40 CFR
Part 122. For the categories of industries identified in this section, the term includes, but is
not limited to, storm water discharges from industrial plant yards; immediate access roads
and rail lines used or traveled by carriers of raw materials, manufactured products, waste
material, or by-products used or created by the facility; material handling sites; refuse sites;
sites used for the application or disposal of process waste waters (as defined at 40 CFR part
401); sites used for the storage and maintenance of material handling equipment; sites used
for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing
buildings; storage areas (including tank farms) for raw materials, and intermediate and
finished products; and areas where industrial activity has taken place in the past and
significant materials remain and are exposed to storm water. For the purposes of this
paragraph, material handling activities include the storage, loading and unloading,
transportation, or conveyance of any raw material, intermediate product, finished product,
by-product or waste product. The term excludes areas located on plant lands separate from
the plant's industrial activities, such as office buildings and accompanying parking lots as
long as the drainage from the excluded areas is not mixed with storm water drained from
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the above described areas. Industrial facilities (including industrial facilities that are
Federally, State, or municipally owned or operated that meet the description of the facilities
listed in this paragraph (b)(15)(i) through (xi) of this section) include those facilities
designated under the provisions of paragraph (a)(1)(vi) of this section. The following
categories of facilities are considered to be engaging in "industrial activity" for purposes of
this subsection:
(i)
Facilities subject to storm water effluent limitations guidelines, new source
performance standards, or toxic pollutant effluent standards under 40 CFR
subchapter N (except facilities with toxic pollutant effluent standards which are
exempted under category (xi) in paragraph (b)(15) of this section);
(ii)
Heavy industry. Facilities classified as Standard Industrial Classifications 24
(except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32 (except 323),
33, 344l, 373;
(iii)
Mining operations. Facilities classified as Standard Industrial Classifications 10
through 14 (mineral industry) including active or inactive mining operations (except
for areas of coal mining operations no longer meeting the definition of a reclamation
area under 40 CFR 434.11(1) because the performance bond issued to the facility by
the appropriate SMCRA authority has been released, or except for areas of non-coal
mining operations which have been released from applicable State or Federal
reclamation requirements after December 17, 1990) and oil and gas exploration,
production, processing, or treatment operations, or transmission facilities that
discharge storm water contaminated by contact with or that has come into contact
with, any overburden, raw material, intermediate products, finished products,
byproducts or waste products located on the site of such operations; (inactive
mining operations are mining sites that are not being actively mined, but which have
an identifiable owner/operator; inactive mining sites do not include sites where
mining claims are being maintained prior to disturbances associated with the
extraction, beneficiation, or processing of mined materials, nor sites where minimal
activities are undertaken for the sole purpose of maintaining a mining claim);
(iv)
Hazardous waste treatment, storage, or disposal facilities, including those that are
operating under interim status or a permit under subtitle C of RCRA;
(v)
Landfills, land application sites, and open dumps that receive or have received any
industrial wastes (waste that is received from any of the facilities described under
this subsection) including those that are subject to regulation under subtitle D of
RCRA;
(vi)
Facilities involved in the recycling of materials, including metal scrap yards, battery
reclaimers, salvage yards, and automobile junk yards, including but limited to those
classified as Standard Industrial Classification 5015 and 5093;
(vii)
Steam electric power generating facilities, including coal handling sites;
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(viii) Transportation facilities. Transportation facilities classified as Standard Industrial
Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which have
vehicle maintenance shops, equipment cleaning operations, or airport deicing
operations. Only those portions of the facility that are either involved in vehicle
maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling,
and lubrication), equipment cleaning operations, airport deicing operations, or
which are otherwise identified under paragraphs (b)(15)(i)-(vii) or (ix)-(xi) of this
section are associated with industrial activity;
(ix)
Treatment works. Treatment works treating domestic sewage or any other sewage
sludge or wastewater treatment device or system, used in the storage treatment,
recycling, and reclamation of municipal or domestic sewage, including land
dedicated to the disposal of sewage sludge that are located within the confines of the
facility, with a design flow of 1.0 MGD or more, or required to have an approved
pretreatment program under 40 CFR Part 403. Not included are farm lands,
domestic gardens or lands used for sludge management where sludge is beneficially
reused and which are not physically located in the confines of the facility, or areas
that are in compliance with section 405 of the CWA.
(x)
Construction activity. Construction activity including clearing, grading and
excavations except: operations that result in the disturbance of less than five acres of
total land area. Construction activity also includes the disturbance of less than five
acres of total land area that is part of a larger common plan of development or sale if
the larger common plan will ultimately disturb five acres or more;
(xi)
Light industry. Facilities under Standard Industrial Classifications 20, 21, 22, 23,
2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36,
37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within
categories (ii)-(x));
(16)
"Storm water discharge associated with small construction activity" means the discharge of
storm water from:
(i)
Construction activities including clearing, grading, and excavating that result in land
disturbance of equal to or greater than one acre and less than five acres. Small
construction activity also includes the disturbance of less than one acre of total land
area that is part of a larger common plan of development or sale if the larger
common plan of development or sale will ultimately disturb equal to or greater than
one and less than five acres. Small construction activity does not include routine
maintenance that is performed to maintain the original line and grade, hydraulic
capacity, or original purpose of the facility.
(ii)
Any other construction activity designated by the Director based on the potential for
contribution to a violation of a water quality standard or for significant contribution
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of pollutants to waters of the United States or through a TMDL in accordance with
Rule 31(a)(1)(vii) and Rule 31(a)(1)(viii).
(17)
"Small municipal separate storm sewer system" (small MS4) means all separate storm
sewers that are:
(i)
Owned and operated by the United States, state, city, town, borough, county, parish,
district, association, or other public body (created by or pursuant to State law)
having jurisdiction over disposal of sewage, industrial wastes, storm water, or other
wastes, including special districts under State law, such a sewer district, flood
control district or drainage district, or similar entity, or a designated and approved
management agency under Section 208 of the CWA that discharges to waters of the
United States.
(ii)
Not defined as “large” or “medium” municipal separate storm sewer systems
pursuant to Rule 31(b)(4) and (b)(7).
(iii)
This term includes systems similar to separate storm sewer systems in
municipalities, such as systems at military bases, large hospital or prison complexes,
and highways and other thoroughfares. The term does not include separate storm
sewers in very discrete areas, such as individual buildings.
(18)
"Regulated small municipal separate storm sewer system" (regulated small MS4) means a
small MS4 that meets the requirements of Rule 31(a)(5)(i).
(19)
"Municipal separate storm sewer system" (MS4) means all separate storm sewers that are
defined as “large” or “medium” or “small” municipal separate storm sewer systems
pursuant to Rule 31(b)(4), (b)(7), and (b)(17) of this section, or designated under Rule
31(a)(1)(vii) and (a)(1)(viii).
(20)
"Urbanzied Areas" (UAs) means those areas that are comprised of one or more places
(“central places”) and the adjacent densely settled surrounding territory (“urban fringe”) that
together have a minimum of 50,000 persons. The urban fringe generally consists of
contiguous territory having a density of at least 1,000 persons per square mile. The complete
criteria are available from the Chief, Geography Division, U.S. Bureau of the Census,
Washington, DC 20233.
(21)
"Densely Populated Area" (DPA) means a census designated place(s) as defined by the
latest Decennial Census that is located outside the urbanized area and meets all of the
following criteria:
(i)
The population density within the census designated place is equal to or greater than
1,000 people per square mile; and
(ii)
The census designated place has or is part of a block of contiguous census
designated places with a total population of at least 10,000 people.
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(22)
"Census Designated Places" (CDPs) means those that are delineated for the decennial
census as the statistical counterparts of incorporated places. CDPs are comprised of densely
settled concentrations of population that are identifiable by name, but are not legally
incorporated places. To qualify as a CDP, an unincorporated community must meet the
following criteria:
(i)
1,000 or more persons if outside the boundaries of an urbanized area (UA)
delineated for the subsequent special census;
(ii)
2,500 or more persons if inside the boundaries of an urbanized area (UA) delineated
for subsequent census;
(iii)
250 or more persons if outside the boundaries of an urbanized area (UA) delineated
for the subsequent special census, and within the official boundaries of an American
Indian reservation recognized for the 1990 census.
(23)
"Special Resource Protection Waters" (SRPWs) means surface waters identified by the
Director as having significant ecological or recreational uses, as defined in the State of
Rhode Island Water Quality Regulations and listed in Appendix D of those regulations.
(24)
"Outstanding National Resource Waters" (ONRWs) means water of National and State
Parks, Wildlife Refuges, and other such waters designated as having special recreational or
ecological value as defined in the State of Rhode Island Water Quality Regulations.
(25)
"Impaired Waters," for the purpose of Rule 31, means those waters within the State, which
do not currently meet Rhode Island Water Quality Standards as identified in the latest list of
Impaired Waters compiled by the Office of Water Resources (OWR) of the Rhode Island
Department of Environmental Management and is referred to as the State of Rhode Island’s
303(d) list.
(26)
"Uncontrolled sanitary landfill" means a landfill or open dump, whether in operation or
closed, that does not meet the requirements for run-on or run-off controls established
pursuant to subtitle D of the Solid Waste Disposal Act.
(c)
Application requirements for storm water discharges associated with industrial activity and storm
water discharges associated with small construction activity. Dischargers of storm water associated
with industrial activity and small construction activity are required to apply for an individual
permit, apply for a permit through a group application, or seek coverage under a promulgated storm
water general permit as follows:
(1)
Individual permit application. Facilities that are required to obtain an individual permit, or
any discharge of storm water which the Director is evaluating for designation (see 40 CFR
124.52(c)) under paragraph (a)(1)(vii) and (a)(1)(viii) of this Rule and is not a municipal
separate storm sewer, and which is not part of a group application described under
paragraph (c)(3) of this section, shall submit a RIPDES application in accordance with the
70
requirements of Rule 10 as modified and supplemented by the provisions of the remainder
of this paragraph. Applicants for discharges composed entirely of storm water shall submit
Form 1 and Form 2F. Applicants for discharges composed of storm water and non-storm
water shall submit Form 1, Form 2C, and Form 2F. Applicants for new sources or new
discharges (as defined in Rule 3 of these regulations) composed of storm water and
non-storm water shall submit Form 1, Form 2D, and Form 2F.
(i)
Discharges of storm water associated with industrial activity, excluding construction
activity and small construction activity. Except as provided in part (c)(1)(ii)-(iv) of
this section, the operator of a storm water discharge associated with industrial
activity subject to this section shall provide:
(A)
A site map showing topography (or indicating the outline of drainage areas
served by the outfall(s) covered in the application if a topographic map is
unavailable) of the facility including: each of its drainage and discharge
structures; the drainage area of each storm water outfall; paved areas and
buildings within the drainage area of each storm water outfall, each past or
present area used for outdoor storage or disposal of significant materials,
each existing structural control measure to reduce pollutants in storm water
runoff, materials loading and access areas, areas where pesticides,
herbicides, soil conditioners and fertilizers are applied, each of its hazardous
waste treatment, storage or disposal facilities (including each area not
required to have a RCRA permit which is used for accumulating hazardous
waste under 40 CFR 262.34); each well where fluids from the facility are
injected underground; springs, and other surface water bodies which receive
storm water discharges from the facility;
(B)
An estimate of the area of impervious surfaces (including paved areas and
building roofs) and the total area drained by each outfall (within a mile
radius of the facility) and a narrative description of the following:
Significant materials that in the three years prior to the submittal of this
application have been treated, stored or disposed in a manner to allow
exposure to storm water; method of treatment, storage or disposal of such
materials; materials management practices employed, in the three years prior
to the submittal of this application, to minimize contact by these materials
with storm water runoff; materials loading and access areas; the location,
manner and frequency in which pesticides, herbicides, soil conditioners and
fertilizers are applied; the location and a description of existing structural
and non-structural control measures to reduce pollutants in storm water
runoff; and a description of the treatment the storm water receives, including
the ultimate disposal of any solid or fluid wastes other than by discharge;
(C)
A certification that all outfalls that should contain storm water discharges
associated with industrial activity have been tested or evaluated for the
presence of non-storm water discharges which are not covered by a RIPDES
permit; tests for such non-storm water discharges may include smoke tests,
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fluorometric dye tests, analysis of accurate schematics, as well as other
appropriate tests. The certification shall include a description of the method
used, the date of any testing, and the on-site drainage points that were
directly observed during a test;
(D)
Existing information regarding significant leaks or spills of toxic or
hazardous pollutants at the facility that have taken place within the three
years prior to the submittal of this application;
(E)
Quantitative data based on samples collected during storm events and
collected in accordance with Rule 11.02(a)(14) from all outfalls containing a
storm water discharge associated with industrial activity for the following
parameters:
(1)
Any pollutant limited in an effluent guideline to which the facility is
subject;
(2)
Any pollutant listed in the facility's RIPDES permit for its process
wastewater (if the facility is operating under an existing RIPDES
permit);
(3)
Oil and grease, pH, BOD5, COD, TSS, total phosphorus, total
Kjeldahl nitrogen, and nitrate plus nitrite nitrogen;
(4)
Any information on the discharge required under Rule 11.02
(a)(14))(iii) and (iv);
(5)
Flow measurements or estimates of the flow rate, and the total
amount of discharge for the storm event(s) sampled, and the method
of flow measurement or estimation; and
(6)
The date and duration (in hours) of the storm event(s) sampled,
rainfall measurements or estimates of the storm event (in inches)
which generated the sampled runoff and the duration between the
storm event sampled and the end of the previous measurable (greater
than 0.1 inch rainfall) storm event (in hours).
(F)
Operators of a discharge which is composed entirely of storm water are
exempt from the requirements of Rule 11.02 (a)(9), (a)(10), (a)(11), (a)(12),
(a)(14)(i), (a)(14)(ii), and (a)(14)(v); and
(G)
Operators of new sources or new discharges (as defined in Rule 3) which are
composed in part or entirely of storm water must include estimates for the
pollutants or parameters listed in paragraph (c)(1)(i)(E) of this section
instead of actual sampling data, along with the source of each estimate.
Operators of new sources or new discharges composed in part or entirely of
72
storm water must provide quantitative data for the parameters listed in
paragraph (c)(1)(i)(E) of this section within two years after commencement
of discharge, unless such data has already been reported under the
monitoring requirements of the RIPDES permit for the discharge. Operators
of a new source or new discharge which is composed entirely of storm water
are exempt from the requirements of Rule 11.02 (a)(9), (a)(11), and (a)(14).
(ii)
Discharges of storm water associated with construction activity and small
construction activity. The operator of an existing or new storm water discharge that
is associated with industrial activity solely under Rule 31(b)(15)(x) (construction
sites with five or more acres of land disturbance), associated with small construction
activity solely under Rule 31(b)(16), or any discharge of storm water associated with
construction activity, which the Director is evaluating for designation under Rule
31(a)(1)(vii) and (a)(1)(viii), is exempt from the requirements of Rule 11 and
paragraph (c)(1)(i) of this section. Such operator shall provide a narrative
description of:
(A)
The location (including a map) and the nature of the construction activity;
(B)
The total area of the site and the area of the site that is expected to undergo
excavation during the life of the permit;
(C)
Proposed measures, including best management practices, to control
pollutants in storm water discharges during construction, including a brief
description of applicable State and local erosion and sediment control
requirements, guidance, ordinances or any related requirements imposed
upon the site by the State or local authority.
(D)
Proposed measures to control pollutants in storm water discharges that will
occur after construction operations have been completed, including a brief
description of applicable State or local erosion and sediment control
requirements;
(E)
An estimate of the runoff coefficient of the site and the increase in
impervious area after the construction addressed in the permit application is
completed, the nature of fill material and existing data describing the soil or
the quality of the discharge; and
(F)
The name of the receiving water.
(iii)
Discharges of storm water associated with oil or gas exploration. The operator of an
existing or new discharge composed entirely of storm water from an oil or gas
exploration, production, processing, or treatment operation, or transmission facility
is not required to submit a permit application in accordance with paragraph (c)(1)(i)
of this section, unless the facility:
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(A)
Has had a discharge of storm water resulting in the discharge of a reportable
quantity for which notification is or was required pursuant to 40 CFR 117.21
or 40 CFR 302.6 at anytime since November 16, 1987; or
(B)
Has had a discharge of storm water resulting in the discharge of a reportable
quantity for which notification is or was required pursuant to 40 CFR 110.6
at any time since November 16, 1987; or
(C)
Contributes to a violation of a water quality standard.
(iv)
Discharges of storm water associated with mining activity. The operator of an
existing or new discharge composed entirely of storm water from a mining
operation is not required to submit a permit application unless the storm water has
come into contact with, any overburden, raw material, intermediate products,
finished product, byproduct or waste products located on the site of such operations.
(v)
Additional information. Applicants shall provide such other information the
Director may reasonably require under Rule 11.02 (a)(20) to determine whether to
issue a permit and may require any facility subject to paragraph (c)(1)(ii) of this
section to comply with paragraph (c)(1)(i) of this section.
(2)
General permit application.
(i)
Notice of intent requirements. The requirements for the contents of the notice of
intent to be covered by a general permit for storm water discharges associated with
industrial activity may include the information required in paragraph (c)(1) of this
Section. Specific notice of intent requirements shall be specified in the general
permit in accordance with Rule 32(b)(2)(ii). Portions of the Notice of Intent
requirements may be waived, if the Director determines that this information has
been provided to, and will be reviewed by, either the Coastal Resources
Management Council, the Division of Freshwater Wetlands, or a local Conservation
District, established by Chapter 2-4 of the General Laws of Rhode Island, in
accordance with a community Soil Erosion and Sediment Control Ordinance,
pursuant to Chapter 45-46 of the General Laws of Rhode Island.
(ii)
Granting of authorization. Authorization to discharge under a storm water general
permit may be automatic or upon notice of authorization as specified in the general
permit in accordance with Rule 32(b)(2)(i). Regardless of the means of
authorization, the permittee is still responsible for compliance with all the terms of
the permit and any other applicable state or federal regulations and/or requirements.
The Department will be held harmless for any failure of the permittee to comply
with the terms of the permit.
(3)
Group permit application. In lieu of individual applications or notice of intent to be
covered by a general permit for storm water discharges associated with industrial activity,
a group application may be filed by an entity representing a group of applicants (except
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facilities that have existing individual RIPDES permits for storm water) that are part of
the same subcategory (see 40 CFR subchapter N, part 405 to 471) or, where such
grouping is inapplicable, are sufficiently similar as to be appropriate for general permit
coverage under Rule 32 (40 CFR 122.28). The Part 1 application shall be
submitted to the Office of Water Enforcement and Permits, U.S. EPA, 401 M Street,
SW., Washington, DC 20460(EN-336) for approval in accordance with the Federal storm
water group application requirements. Once a Part 1 application is approved, group
applicants are to submit Part 2 of the group application to the Office of Water
Enforcement and Permits in accordance with the Federal storm water group application
requirements.
(d)
Application requirements for large and medium municipal separate storm sewer discharges. The
operator of a discharge from a large or medium municipal separate storm sewer or a municipal
separate storm sewer that is designated by the Director under Rule 31(a)(1)(vii) and (viii) if
required to apply under this section, may submit a jurisdiction-wide or system-wide permit
application. Where more than one public entity owns or operates a municipal separate storm sewer
within a geographic area (including adjacent or interconnected municipal separate storm sewer
systems), such operators may be a co-applicant to the same application. Permit applications for
discharges from large and medium municipal storm sewers or municipal storm sewers designated
under Rule 31(a)(1)(vii) and (viii) and required to apply under this section shall include:
(1)
Part 1 of the application shall consist of:
(i)
General Information. The applicants' name, address, telephone number of contact
person, ownership status and status as a state or local government entity.
(ii)
Legal Authority. A description of existing legal authority to control discharges to the
municipal separate storm sewer system. When existing legal authority is not
sufficient to meet the criteria provided in paragraph (d)(2)(i) of this section, the
description shall list additional authorities as will be necessary to meet the criteria
and shall include a schedule and commitment to seek such additional authority that
will be needed to meet the criteria.
(iii)
Source Identification.
(A)
A description of the historic use of ordinances, guidance or other controls
which limited the discharge of non-storm water discharges to any Publicly
Owned Treatment Works serving the same area as the municipal separate
storm sewer system.
(B)
A USGS 7.5 minute topographic map (or equivalent topographic map with a
scale between 1:10,000 and 1:24,000 if cost effective) extending one mile
beyond the service boundaries of the municipal storm sewer system covered
by the permit application. The following information shall be provided:
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(1)
The location of known municipal storm sewer system outfalls
discharging to waters of the State;
(2)
A description of the land use activities (e.g., divisions indicating
undeveloped, residential, commercial, agricultural and industrial
uses) accompanied with estimates of population densities and
projected growth for a ten year period within the drainage area
served by the separate storm sewer. For each land use type, an
estimate of an average runoff coefficient shall be provided;
(3)
The location and a description of the activities of the facility of each
currently operating or closed municipal landfill or other treatment,
storage or disposal facility for municipal waste;
(4)
The location and the permit number of any known discharge to the
municipal storm sewer that has been issued a RIPDES permit;
(5)
The location of major structural controls for storm water discharge
(retention basins, detention basins, major infiltration devices, etc.);
and
(6)
The identification of publicly owned parks, recreational areas, and
other open lands.
(iv)
Discharge Characterization.
(A)
Monthly mean rain and snow fall estimates (or summary of weather bureau
data) and the monthly average number of storm events.
(B)
Existing quantitative data describing the volume and quality of discharges
from the municipal storm sewer, including a description of the outfalls
sampled, sampling procedures and analytical methods used.
(C)
A list of water bodies that receive discharges from the municipal separate
storm sewer system, including downstream segments, lakes and estuaries,
where pollutants from the system discharges may accumulate and cause
water degradation and a brief description of known water quality impacts.
At a minimum, the description of impacts shall include a description of
whether the water bodies receiving such discharges have been:
(1)
Assessed and reported in the Section 305(b) State of the State's
Waters report the basis for the assessment (evaluated or monitored),
a summary of designated use support and attainment of Clean Water
Act (CWA) goals (fishable and swimmable waters), and causes of
nonsupport of designated uses;
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(2)
Listed under section 304(l)(1)(A)(i), section 304(l)(1)(A)(ii), or
section 304(l)(1)(B) of the CWA that is not expected to meet water
quality standards or water quality goals;
(3)
Listed in State Nonpoint Source Assessments required by Section
319(a) of the CWA that, without additional action to control
nonpoint sources of pollution, cannot reasonably be expected to
attain or maintain water quality standards due to storm sewers,
construction, highway maintenance and runoff from municipal
landfills and municipal sludge adding significant pollution (or
contributing to a violation of water quality standards);
(4)
Identified and classified according to eutrophic condition of publicly
owned lakes listed in State reports required under Section 314(a) of
the CWA (include the following: A description of those publicly
owned lakes for which uses are known to be impaired; a description
of procedures, processes and methods to control the discharge of
pollutants from municipal separate storm sewers into such lakes; and
a description of methods and procedures to restore the quality of
such lakes);
(5)
Designated estuaries under the National Estuary Program under
Section 320 of the CWA;
(6)
Recognized by the applicant as highly valued or sensitive waters;
(7)
Defined by the State or U.S. Fish and Wildlife Services's National
Wetlands Inventory as wetlands; and
(8)
Found to have pollutants in bottom sediments, fish tissue or bio-
survey data.
(D)
Field Screening. Results of a field screening analysis for illicit connections
and illegal dumping for either selected field screening points or major
outfalls covered in the permit application. At a minimum, a screening
analysis shall include a narrative description, for either each field screening
point or major outfall, of visual observations made during dry weather
periods (at least 72 hours from the previous 0.1 inch, or greater, rainfall
event). If any flow is observed, two grab samples shall be collected during a
24 hour period with a minimum period of four hours between samples. For
all such samples, a narrative description of the color, odor, turbidity, the
presence of an oil sheen or surface scum as well as any other relevant
observations regarding the potential presence of non-storm water discharges
or illegal dumping shall be provided. In addition, a narrative description of
the results of a field analysis using suitable methods to estimate pH, total
chlorine, total copper, total phenol, and detergents (or surfactants) shall be
77
provided along with a description of the flow rate. Where the field analysis
does not involve analytical methods approved under 40 CFR Part 136, the
applicant shall provide a description of the method used including the name
of the manufacturer of the test method along with the range and accuracy of
the test. Field screening points shall be either major outfalls or other outfall
points (or any other point of access such as manholes) randomly located
throughout the storm sewer system by placing a grid over a drainage system
map and identifying those cells of the grid which contain a segment of the
storm sewer system or major outfall. The field screening points shall be
established using the following guidelines and criteria:
(1)
A grid system consisting of perpendicular north-south and east-west
lines spaced 1/4 mile apart shall be overlayed on a map of the
municipal storm sewer system, creating a series of cells;
(2)
All cells that contain a segment of the storm sewer system shall be
identified; one field screening point shall be selected in each cell;
major outfalls may be used as field screening points;
(3)
Field screening points should be located downstream of any sources
of suspected illegal or illicit activity;
(4)
Field screening points shall be located to the degree practicable at the
farthest manhole or other accessible location downstream in the
system, within each cell; however, safety of personnel and
accessibility of the location should be considered in making this
determination;
(5)
Hydrological conditions; total drainage area of the site; population
density of the site; traffic density; age of the structures or buildings
in the area; history of the area; and land use types;
(6)
For medium municipal separate storm sewer systems, no more than
250 cells need to have identified field screening points; in large
municipal separate storm sewer systems, no more than 500 cells
need to have identified field screening points; cells established by the
grid that contain no storm sewer segments will be eliminated from
consideration; if fewer than 250 cells in medium municipal sewers
are created, and fewer than 500 in large systems are created by the
overlay on the municipal sewer map, then all those cells which
contain a segment of the sewer system shall be subject to field
screening (unless access to the separate storm sewer system is
impossible); and
(7)
Large or medium municipal separate storm sewer systems which are
unable to utilize the procedures described in paragraphs (d)(1)(iv)(D)
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(1) through (6) of this section, because a sufficiently detailed map of
the separate storm sewer systems is unavailable, shall field screen no
more than 500 or 250 major outfalls respectively (or all major
outfalls in the system, if less); in such circumstances, the applicant
shall establish a grid system consisting of north-south and east-west
lines spaced 1/4 mile apart as an overlay to the boundaries of the
municipal storm sewer system, thereby creating a series of cells; the
applicant will then select major outfalls in as many cells as possible
until at least 500 major outfalls (large municipalities) or 250 major
outfalls (medium municipalities) are selected; a field screening
analysis shall be undertaken at these major outfalls.
(E)
Characterization Plan. Information and a proposed program to meet the
requirements of paragraph (d)(2)(iii) of this section. Such description shall
include: the location of outfalls or field screening points appropriate for
representative data collection under paragraph (d)(2)(iii)(A) of this section, a
description of why the outfall or field screening point is representative, the
seasons during which sampling is intended, a description of the sampling
equipment. The proposed location of outfalls or field screening points for
such sampling should reflect water quality concerns (see paragraph
(d)(1)(iv)(C) of this section) to the extent practicable.
(v)
Management Programs.
(A)
A description of the existing management programs to control pollutants
from the municipal separate storm sewer system. The description shall
provide information on existing structural and source controls, including
operation and maintenance measures for structural controls, that are
currently being implemented. Such controls may include, but are not limited
to: procedures to control pollution resulting from construction activities;
floodplain management controls; wetland protection measures; best
management practices for new subdivisions; and emergency spill response
programs. The description may address controls established under State law
as well as local requirements.
(B)
A description of the existing program to identify illicit connections to the
municipal storm sewer system. The description should include inspection
procedures and methods for detecting and preventing illicit discharges, and
describe areas where this program has been implemented.
(vi)
Fiscal Resources. A description of the financial resources currently available to the
municipality to complete Part 2 of the permit application. A description of the
municipality's budget for existing storm water programs, including an overview of
the municipality's financial resources and budget, including overall indebtedness and
assets, and sources of funds for storm water programs.
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(2)
Part 2 of the application shall consist of:
(i)
Adequate legal authority. A demonstration that the applicant can operate pursuant
to legal authority established by statute, ordinance or series of contracts which
authorizes or enables the applicant at a minimum to:
(A)
Control through ordinance, permit, contract, order or similar means, the
contribution of pollutants to the municipal storm sewer by storm water
discharges associated with industrial activity and the quality of storm water
discharged from sites of industrial activity;
(B)
Prohibit through ordinance, order or similar means, illicit discharges to the
municipal separate storm sewer;
(C)
Control through ordinance, order or similar means the discharge to a
municipal separate storm sewer of spills, dumping or disposal of materials
other than storm water;
(D)
Control through interagency agreements among co-applicants the
contribution of pollutants from one portion of the municipal system to
another portion of the municipal system;
(E)
Require compliance with conditions in ordinances, permits, contracts or
orders; and
(F)
Carry out all inspection, surveillance and monitoring procedures necessary
to determine compliance and noncompliance with permit conditions
including the prohibition on illicit discharges to the municipal separate
storm sewer.
(ii)
Source Identification. The location of any major outfall that discharges to waters of
the State that was not reported under paragraph (d)(1)(iii)(B)(1) of this section.
Provide an inventory, organized by watershed of the name and address, and a
description (such as SIC codes) which best reflects the principal products or services
provided by each facility which may discharge, to the municipal separate storm
sewer, storm water associated with industrial activity;
(iii)
Characterization Data. When "quantitative data" for a pollutant are required under
paragraph (d)(2)(iii)(A)(3) of this paragraph, the applicant must collect a sample of
effluent in accordance with Rule 11.02 (a)(14) (40 CFR 122.21(g)(7)) and analyze it
for the pollutant in accordance with analytical methods approved under 40 CFR Part
136. When no analytical method is approved the applicant may use any suitable
method but must provide a description of the method. The applicant must provide
information characterizing the quality and quantity of discharges covered in the
permit application, including:
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(A)
Quantitative data from representative outfalls designated by the Director
(based on information received in Part 1 of the application, the Director shall
designate between five and ten outfalls or field screening points as
representative of the commercial, residential and industrial land use
activities of the drainage area contributing to the system or, where there are
less than five outfalls covered in the application, the Director shall designate
all outfalls) developed as follows:
(1)
For each outfall or field screening point designated under this
subparagraph, samples shall be collected of storm water discharges
from three storm events occurring at least one month apart in
accordance with the requirements in Rule 11.02 (a)(14) (40 CFR
122.21(g)(7)) (the Director may allow exemptions to sampling three
storm events when climatic conditions create good cause for such
exemptions);
(2)
A narrative description shall be provided of the date and duration of
the storm event(s) sampled, rainfall estimates of the storm event
which generated the sampled discharge and the duration between the
storm event sampled and the end of the previous measurable (greater
than 0.1 inch rainfall) storm event;
(3)
For samples collected and described under paragraphs (d)(2)(iii)
(A)(1) and (A)(2) of this section, quantitative data shall be provided
for: the organic pollutants listed in Table II; the pollutants listed in
Table III (toxic metals, cyanide, and total phenols) of RIPDES
Regulations Appendix A (Appendix D of 40 CFR Part 122), and for
the following pollutants:
Total Suspended Solids (TSS)
Total Dissolved Solids (TDS)
Chemical Oxygen Demand (COD)
Biochemical Oxygen Demand, 5-day (BOD5)
Oil and Grease
Fecal Coliform
Fecal Streptococcus
pH
Total Kjeldahl Nitrogen
Nitrate Plus Nitrite
Dissolved Phosphorus
Total Ammonia Plus Organic Nitrogen
Total Phosphorus
(4)
Additional limited quantitative data required by the Director for
determining permit conditions (the Director may require that
quantitative data shall be provided for additional parameters, and
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may establish sampling conditions such as the location, season of
sample collection, form of precipitation (snow melt, rainfall) and
other parameters necessary to insure representativeness);
(B)
Estimates of the annual pollutant load of the cumulative discharges to waters
of the State from all identified municipal outfalls and the event mean
concentration of the cumulative discharges to waters of the State from all
identified municipal outfalls during a storm event (as described under 40
CFR 122.21(c)(7)) for BOD5, COD, TSS, TDS, total nitrogen, total
ammonia plus organic nitrogen, total phosphorus, dissolved phosphorus,
cadmium, copper, lead, and zinc. Estimates shall be accompanied by a
description of the procedures for estimating constituent loads and
concentrations, including any modeling, data analysis, and calculation
methods;
(C)
A proposed schedule to provide estimates for each major outfall identified in
either paragraph (d)(1)(iii)(B)(1) or (d)(2)(ii) of this section of the seasonal
pollutant load and of the event mean concentration of a representative storm
for any constituent detected in any sample required under paragraph
(d)(2)(iii)(A) of this section; and
(D)
A proposed monitoring program for representative data collection for the
term of the permit that describes the location of outfalls or field screening
points to be sampled (or the location of instream stations), why the location
is representative, the frequency of sampling, parameters to be sampled, and a
description of sampling equipment.
(iv)
Proposed Management Program. A proposed management program covers the
duration of the permit. It shall include a comprehensive planning process which
involves public participation and where necessary intergovernmental coordination,
to reduce the discharge of pollutants to the maximum extent practicable using
management practices, control techniques and system, design and engineering
methods, and such other provisions which are appropriate. The program shall also
include a description of staff and equipment available to implement the program.
Separate proposed programs may be submitted by each co-applicant. Proposed
programs may impose controls on a system-wide basis, a watershed basis, a
jurisdiction basis, or on individual outfalls. Proposed programs will be considered
by the Director when developing permit conditions to reduce pollutants in
discharges to the maximum extent practicable. Proposed management programs
shall describe priorities for implementing controls. Such programs shall be based on:
(A)
A description of structural and source control measures to reduce pollutants
from runoff from commercial and residential areas that are discharged from
the municipal storm sewer system that are to be implemented during the life
of the permit, accompanied with an estimate of the expected reduction of
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pollutant loads and a proposed schedule for implementing such controls. At
a minimum, the description shall include:
(1)
A description of maintenance activities and a maintenance schedule
for structural controls to reduce pollutants (including floatables) in
discharges from municipal separate storm sewers;
(2)
A description of planning procedures including a comprehensive
master plan to develop, implement and enforce controls to reduce the
discharge of pollutants from municipal separate storm sewers which
receive discharges from areas of new development and significant
re-development. Such plan shall address controls to reduce
pollutants in discharges from municipal separate storm sewers after
construction is completed. (Controls to reduce pollutants in
discharges from municipal separate storm sewers containing
construction site runoff are addressed in paragraph (d)(2)(iv)(D) of
this section;
(3)
A description of practices for operating and maintaining public
streets, roads and highways and procedures for reducing the impact
on receiving waters of discharges from municipal storm sewer
systems, including pollutants discharged as a result of de-icing
activities;
(4)
A description of procedures to assure that flood management
projects assess the impacts on the water quality of receiving water
bodies and that existing structural flood control devices have been
evaluated to determine if retrofitting the device to provide additional
pollutant removal from storm water is feasible;
(5)
A description of a program to monitor pollutants in runoff from
operating or closed municipal landfills or other treatment, storage or
disposal facilities for municipal waste, which shall identify priorities
and procedures for inspections and establishing and implementing
control measures for such discharges (this program can be
coordinated with the program developed under paragraph
(d)(2)(iv)(C) of this section); and
(6)
A description of a program to reduce to the maximum extent
practicable, pollutants in discharges from municipal separate storm
sewers associated with the application of pesticides, herbicides and
fertilizer which will include, as appropriate, controls such as
educational activities, permits, certifications and other measures for
commercial applicators and distributors, and controls for application
in public right-of-ways and at municipal facilities.
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(B)
A description of a program, including a schedule, to detect and remove (or
require the discharger to the municipal separate storm sewer to obtain a
separate RIPDES permit for) illicit discharges and improper disposal into the
storm sewer. The proposed program shall include:
(1)
A description of a program, including inspections, to implement and
enforce an ordinance, orders or similar means to prevent illicit
discharges to the municipal separate storm sewer system; this
program description shall address all types of illicit discharges,
however, the following category of non-storm water discharges or
flows shall be addressed where such discharges are identified by the
municipality as sources of pollutants to waters of the State: water
line flushing, landscape irrigation, diverted stream flows, rising
ground waters, uncontaminated ground water infiltration (as defined
at 40 CFR 35.2005(20)) to separate storm sewers, uncontaminated
pumped ground water, discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation water,
springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, flows from riparian
habitats and wetlands, dechlorinated swimming pool discharges, and
street wash water (program descriptions shall address discharges or
flows from fire fighting only where such discharges or flows are
identified as significant sources of pollutants to waters of the State);
(2)
A description of procedures to conduct on-going field screening
activities during the life of the permit, including areas or locations
that will be evaluated by such field screens;
(3)
A description of procedures to be followed to investigate portions of
the separate storm sewer system that, based on the results of the field
screen, or other appropriate information, indicate a reasonable
potential of containing illicit discharges or other sources of
non-storm water (such procedures may include: sampling procedures
for constituents such as fecal coliform, fecal streptococcus,
surfactants (MBAS), residual chlorine, fluorides and potassium;
testing with fluorometric dyes; or conducting in storm sewer
inspections where safety and other considerations allow. Such
description shall include the location of storm sewers that have been
identified for such evaluation);
(4)
A description of procedures to prevent, contain, and respond to spills
that may discharge into the municipal separate storm sewer;
(5)
A description of a program to promote, publicize, and facilitate
public reporting of the presence of illicit discharges or water quality
84
impacts associated with discharges from municipal separate storm
sewers;
(6)
A description of educational activities, public information activities,
and other appropriate activities to facilitate the proper management
and disposal of used oil and toxic materials; and
(7)
A description of controls to limit infiltration of seepage from
municipal sanitary sewers to municipal separate storm sewer systems
where necessary;
(C)
A description of a program to monitor and control pollutants in storm water
discharges to municipal systems from municipal landfills, hazardous waste
treatment, disposal and recovery facilities, industrial facilities that are
subject to section 313 of Title III of the Superfund Amendments and Re-
Authorization Act of 1986 (SARA), and industrial facilities that the
municipal permit applicant determines are contributing a substantial
pollutant loading to the municipal storm sewer system. The program shall:
(1)
Identify priorities and procedures for inspections and establishing
and implementing control measures for such discharges;
(2)
Describe a monitoring program for storm water discharges
associated with the industrial facilities identified in paragraph
(d)(2)(iv)(C) of this section, to be implemented during the term of
the permit, including the submission of quantitative data on the
following constituents: any pollutants limited in effluent guidelines
subcategories, where applicable; any pollutant listed in an existing
RIPDES permit for a facility; oil and grease, COD, pH, BOD5, TSS,
total phosphorus, total Kjeldahl nitrogen, nitrate plus nitrite nitrogen,
and any information on discharges required under Rule 11.02 (a)(14)
(40 CFR 122.21(g)(7) (iii) and (iv)).
(D)
A description of a program to implement and maintain structural and
non-structural best management practices to reduce pollutants in storm water
runoff from construction sites to the municipal storm sewer system, which
shall include:
(1)
A description of procedures for site planning which incorporate
consideration of potential water quality impacts;
(2)
A description of requirements for nonstructural and structural best
management practices;
(3)
A description of procedures for identifying priorities for inspecting
sites and enforcing control measures which consider the nature of the
85
construction activity, topography, and the characteristics of soils and
receiving water quality; and
(4)
A description of appropriate educational and training measures for
construction site operators.
(v)
Assessment of Controls. Estimated reductions in loadings of pollutants from
discharges of municipal storm sewer constituents from municipal storm sewer
systems expected as the result of the municipal storm water quality management
program. The assessment shall also identify known impacts of storm water controls
on ground water.
(vi)
Fiscal Analysis. For each fiscal year to be covered by the permit, a fiscal analysis of
the necessary capital and operation and maintenance expenditures necessary to
accomplish the activities of the programs under paragraphs (d)(2)(iii) and (iv) of this
section. Such analysis shall include a description of the source of funds that are
proposed to meet the necessary expenditures, including legal restrictions on the use
of such funds.
(vii)
Where more than one legal entity submits an application, the application shall
contain a description of the roles and responsibilities of each legal entity and
procedures to ensure effective coordination.
(viii) Where requirements under paragraph (d)(1)(iv)(E), (d)(2)(ii), (d)(2)(iii)(B) and
(d)(2)(iv) of this section are not practicable or are not applicable, the Director may
exclude any operator of a discharge from a municipal separate storm sewer which is
designated under paragraph (a)(1)(v), (b)(4)(ii) or (b)(7)(ii) of this section from such
requirements. The Director shall not exclude the operator of a discharge from a
municipal separate storm sewer identified in the RIPDES Regulations Appendix F,
G, H or I, from any of the permit application requirements under this paragraph
except where authorized under this section.
(e)
Application requirements for small municipal separate storm sewer discharges. The operator of a
regulated small MS4 must obtain permit coverage under a General or Individual Permit as follows:
(1)
General Permit Application. The operator of a small MS4 seeking coverage under a general
permit must submit a Notice of Intent (NOI) and a copy of the Storm Water Management
Program Plan that meets the requirements of Rule 31(e)(3). The operator of the small MS4
may file an individual NOI or the operator of the MS4 and other municipalities or
governmental entities may jointly submit an NOI. When a joint NOI is filed, it must
describe which minimum measures the operator of the MS4 will implement and identify the
entities that will implement the other minimum measures within the area served by the
MS4.
(i)
Notice of Intent requirements. The requirements for the contents of the notice of
intent to be covered by a general permit for storm water discharges may include the
86
information required in Rule 31(e)(3). Specific notice of intent requirements shall be
specified in the general permit in accordance with Rule 32(b)(2)(ii).
(ii)
Granting of authorization. Authorization to discharge under a storm water general
permit may be automatic or upon notice of authorization as specified in the general
permit in accordance with Rule 32(b)(2)(i). Regardless of the means of
authorization, the permittee is still responsible for compliance with all terms of the
permit and any other applicable State or federal regulations and/or requirements.
The Department will be held harmless for any failure of the permittee to comply
with the terms of the permit.
(2)
Individual Permit Application. The operator of a regulated small MS4 and another regulated
entity may jointly apply under either Rule 31(e)(2)(i) or (ii) to be co-permittees under an
individual permit. The Director may require the operator of a small MS4 designated under
Rule 31(a)(1)(vii) or (viii) to seek coverage under an individual permit. The operator of a
small MS4 seeking or required to obtain authorization to discharge under an individual
permit must meet program requirements as follows:
(i)
Operators of small MS4s seeking authorization to implement a program under Rule
31(e)(3), must submit an application that includes the following:
(A)
Information required under Rule 31(d)(1)(i)-(iii) and Rule 31(e)(3);
(B)
An estimate of the square mileage served by the small MS4; and
(C)
Any additional information that the Department requests.
(ii)
Operators of small MS4s seeking authorization to implement a program that is
different from the program under Rule 31(e)(3) must comply with the permit
application requirements of Rule 31(d). The operator of the MS4 must submit both
Parts of the application requirements in Rule 31(d)(1) and (d)(2) by March 10, 2003.
The applicant is exempt from submitting information required by Rule 31(d)(1)(ii)
and (d)(2)(i) regarding legal authority unless the applicant intends for the
Department to take such information into account when developing other permit
conditions. If the operator intends to demonstrate permit coverage for all discharges
to Special Resource Protection Waters (SRPWs), Outstanding National Resource
Waters (ONRWs), and impaired water bodies as required in Rule 31(a)(5)(i)(G), the
application required by Rule 31(d) must document coverage for all such discharges.
(3)
Storm Water Management Program Requirements. Unless seeking coverage in accordance
to Paragraph (2)(ii) of this section, the operator of a small MS4 must develop, implement
and enforce a Storm Water Management Program designed to reduce the discharge of
pollutants from the MS4 to the Maximum Extent Practicable (MEP), to protect water
quality and to satisfy the appropriate water quality requirements of the Clean Water Act
through the implementation of Best Management Practices (BMPs), for each of the
minimum control measures. If the operator intends to demonstrate permit coverage to all
87
discharges to Special Resource Protection Waters (SRPWs), Outstanding National
Resource Waters (ONRWs), and impaired water bodies as required in Rule 31(a)(5)(i)(G),
the Storm Water Management Program Plan required by Rule 31(e)(3)(i) must document
coverage for all such discharges.
(i)
Storm Water Management Program Plan. At a minimum the storm water
management program plan must include all of the following:
(A)
Information of the Best Management Practices (BMPs) that will be
implemented for each of the minimum control measures identified in
paragraph (3)(ii) of this section;
(B)
Information of the Measurable Goals for each of the BMPs, including as
appropriate:
(1)
Months and years in which the operator will undertake required
actions,
(2)
Interim milestones, and
(3)
Frequency of action(s);
(C)
The person(s) responsible for implementing or coordinating the storm water
management program plan.
(ii)
Minimum Control Measures.
(A)
Public Education and Outreach: The operator must implement a public
education program to distribute educational materials to the community or
conduct equivalent outreach activities about the impacts of storm water
discharges on water bodies and the steps the public can take to reduce
pollutants in storm water runoff.
(B)
Public Involvement/Participation: The operator must, at a minimum, comply
with State and local public notice requirements when implementing a public
involvement/participation program.
(C)
Illicit Discharge Detection and Elimination: At a minimum, the operator
must develop, implement and enforce a program to detect and eliminate
illicit discharges or flows into the Small MS4 that includes the following:
(1)
Development of a storm sewer map showing the location of all
outfalls and names and locations of all receiving State waters;
(2)
To the extent allowable under State or local law, effectively prohibit
through ordinance, or other regulatory mechanism, non-storm water
88
discharges to MS4 and implement appropriate enforcement
procedures and actions;
(3)
Develop and implement a plan to detect and address non-storm
water discharges, including illegal dumping, to the MS4;
(4)
Inform public employees, businesses, and the general public of
hazards associated with illegal discharges and improper disposal of
waste to the MS4.
The operator of the small MS4 must address the following categories of
non-storm water discharges if these discharges are identified as significant
contributors of pollutants to the small MS4: water line flushing, landscape
irrigation, diverted stream flows, rising ground waters, uncontaminated
ground water infiltration, uncontaminated pumped ground water, discharges
from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps,
footing drains, lawn watering, individual residential car washing, flows from
riparian habitats and wetlands, dechlorinated swimming pool discharges,
and street wash water (discharges or flows from fire fighting activities are
excluded from the effective prohibition against non-storm water and need
only be addressed where they are identified as significant sources of
pollutants to waters of the State).
(D)
Construction Site Storm Water Runoff Control: The operator of the
regulated small MS4 must develop, implement, and enforce a program to
reduce pollutants in any storm water runoff to the small MS4 from
construction activities that result in a land disturbance of greater than or
equal to one (1) acre including construction activity disturbing less than one
(1) acre if that construction activity is part of a larger common plan of
development or sale that would disturb one or more acre. At a minimum, the
storm water management program plan must include the development and
implementation of the following:
(1)
An ordinance or other regulatory mechanism to require erosion and
sediment controls, as well as sanctions to ensure compliance, to the
extent allowable under State or local law;
(2)
Requirements for construction site operators to implement
appropriate erosion and sediment control best management practices;
(3)
Requirements for construction site operators to control construction
wastes, such as discarded building materials, concrete truck washout,
chemicals, litter, and sanitary waste at the construction site that may
cause adverse impacts to water quality;
89
(4)
Procedures for site plan review which incorporate consideration of
potential water quality impacts;
(5)
Procedures for receipt and consideration of information submitted by
the public; and
(6)
Procedures for site inspection and enforcement of control measures.
(E)
Post Construction Storm Water Management in New Development and
Redevelopment: The operator of the small MS4 must develop, implement,
and enforce a program to address storm water runoff from new development
and redevelopment projects that disturb greater or equal to one acre,
including projects less than one acre that are part of a larger common plan of
development or sale, that discharge into the small MS4. The program must
ensure that controls are in place that would prevent or minimize water
quality impacts. The operator of the small MS4 must:
(1)
Develop and implement strategies which include a combination of
structural methods such as detention basins, wet basins, infiltration
basins and trenches, dry wells, galleys, vegetated swales and
vegetated filter strips and/or non-structural best management
practices (BMPs) appropriate for the community;
(2)
Use an ordinance or other regulatory mechanism to address post-
construction runoff from new development and redevelopment
projects to the extent allowable under State or local law;
(3)
Ensure adequate long-term operation and maintenance of BMPs; and
(4)
Develop and implement strategies to reduce runoff volume which
may include minimizing impervious surface areas such as roads,
parking, paving or other surfaces, encouraging infiltration of non-
contaminated runoff, preventing channelization, encouraging sheet
flow, and where appropriate, preserving, enhancing, or establishing
buffers along surface waterbodies and their tributaries.
(F)
Pollution Prevention/Good Housekeeping for Municipal Operations: The
operator of the small MS4 must develop and implement an operation and
maintenance program that includes an employee training component and has
the ultimate goal of preventing or reducing pollutant runoff and runoff
volumes from municipal operations such as park and open space
maintenance, fleet and building maintenance, new construction and land
disturbances, and storm water systems maintenance.
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(4)
Waiver applications. An operator of a regulated small MS4 seeking a waiver must submit
and application, by the deadlines established in Rule 31(f), which meets the following
requirements:
(i)
An operator of a small MS4 seeking a waiver under Rule 31(g)(5)(i) must submit
the following:
(A)
A map indicating the location of all outfalls and receiving water bodies
within the urbanized area or densely populated area and the drainage area of
any areas within the urbanized area or densely populated area physically
interconnected to another regulated MS4.
(B)
Any other additional information that the Director deems is necessary to
make a determination.
(ii)
An operator of a small MS4 seeking a waiver under Rule 31(g)(5)(ii) must submit
the following:
(A)
A map indicating the location of all outfalls and receiving water bodies
throughout the jurisdiction, including small streams, tributaries, lakes and
ponds, and the drainage area of any areas physically-interconnected to
another regulated MS4.
(B)
A table which identifies the following information for each outfall:
(1)
Any waters designated as impaired on the latest Rhode Island 303(d)
list that receive a discharge from the outfall;
(2)
Any EPA approved or established TMDLs completed for impaired
water bodies that receive a discharge from the outfall;
(3)
The pollutant(s) of concern addressed by the EPA approved or
established TMDL;
(4)
Any storm water controls required by the EPA approved or
established TMDL.
(C)
For any outfalls that the Department determines discharge to waters that
have not been evaluated to determine compliance with water quality
standards for all the pollutants of concern, the operator will be required to
submit additional information necessary to complete the evaluation.
(D)
An analysis, equivalent to a TMDL, for any outfalls which discharge to
impaired water bodies, as designated on the latest Rhode Island 303(d) or
upon review of the information required in Rule 31(e)(4)(ii)(C), for which
TMDLs have not been completed for all pollutants of concern; and
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(E)
Any other additional information that the Director deems is necessary to
make a determination.
(iii)
An operator of a small MS4 seeking a waiver under Rule 31(g)(5)(iii) must submit
the following:
(A)
Documentation of the extent that the Storm Water Management Program
Plan required under Rule 31(e)(3) provides permit coverage for all
discharges to Special Resource Protection Waters (SRPWs), Outstanding
National Resource Waters (ONRWs), and impaired water bodies; or
(B)
A map indicating the location of all outfalls to Special Resource Protection
Waters (SRPWs), Outstanding National Resource Waters (ONRWs), and
impaired water bodies that receive a discharge from the MS4; and
(C)
Description of effective programs, which the operator believes are
implemented for the protection of Special Resource Protection Waters
(SRPWs), Outstanding National Resource Waters (ONRWs), and the
control of storm water discharges to impaired water bodies; and
(D)
Any other additional information that the Director deems is necessary to
make a determination.
(f)
Application Deadlines. Any operator of a point source required to obtain a permit under Rule 31,
that does not have an effective RIPDES permit authorizing discharges from its storm water outfalls
shall submit an application in accordance with the following deadlines:
(1)
Storm Water Discharges Associated with Industrial Activity.
(i)
Except as provided in Rule 31(f)(1)(ii) and (f)(5), for any storm water discharge
associated with industrial activity identified in Rule 31(b)(15)(i) through (xi), that is
not part of a group application as described in Rule 31(c)(3) of this section or which
is not authorized by a general permit, a permit application made pursuant to
paragraph (c) of this section shall be submitted to the Director by April 19, 1993.
However, facilities that meet the definition of light industry in accordance to Rule
31(b)(15)(xi), where material handling equipment or activities, raw materials,
intermediate products, final products, waste materials, by-products, or industrial
machinery, were not exposed to storm water, were not required to obtain a permit
for their storm water discharges from April 19, 1993 until 90 (ninety) days after the
effective date of these Regulations. Within 90 (ninety) days of the effective date of
these regulations, the operators of these facilities must submit to the Department a
no exposure certification in accordance to Rule 31(h) or a permit application in
accordance to Rule 31(c).
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(ii)
For any storm water discharge associated with industrial activity from a facility that
is owned or operated by a municipality with a population of less than 100,000 that is
not authorized by a general or individual permit, other than an airport, power plant,
or uncontrolled sanitary landfill, the permit application must be submitted to the
Director by March 10, 2003.
(2)
Group Permit Applications. Any group application submitted in accordance with paragraph
(c)(3) of this section shall comply with all Federal requirements.
(i)
Except as provided in paragraph (f)(2)(ii) of this section, facilities that are rejected
as members of the group shall submit an individual application (or obtain coverage
under an applicable general permit) no later than 12 months after the date of receipt
of the notice of rejection or by April 19, 1993, whichever comes first.
(ii)
Facilities that are owned or operated by a municipality and that are rejected as
members of the part 1 group application shall submit an individual application no
later than 180 days after the date of receipt of the notice of rejection or by April 19,
1993, whichever is later.
(3)
For any discharge from a medium municipal separate storm sewer system;
(i)
Part 1 of the application shall be submitted to the Director by April 19, 1993.
(ii)
Based on information received in the Part 1 application the Director will approve or
deny a sampling plan under paragraph (d)(1)(iv)(E) of this section within ninety (90)
days after receiving the Part 1 application.
(iii)
Part 2 of the application shall be submitted to the Director by May 17, 1993.
(4)
For the storm water discharges defined below, a permit application shall be submitted to the
Director within sixty (60) days of notice for storm water discharges associated with
industrial activity and small construction activity, and one hundred eighty (180) days for
storm water discharges from a small municipal separate storm sewer system, unless
permission for a later date is granted by the Director (see 40 CFR 124.52(c)):
(i)
A storm water discharge which the Director, determines that the discharge
contributes to a violation of a water quality standard or is a significant contributor of
pollutants to waters of the State (see Rule 31(a)(1)(vii) and (b)(16)(ii)) or is
designated in accordance with Rule 31(a)(1)(viii);
(ii)
A storm water discharge subject to paragraph (c)(1)(v) of this section.
(5)
Existing discharges of storm water associated with industrial activity. Facilities with
existing RIPDES permits for storm water discharges associated with industrial activity shall
maintain existing permits. Re-applications shall be submitted in accordance with the
requirements of Rules 10, 11 and 31(c), (40 CFR 122.21 and 40 CFR 122.26(c)) 180 days
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before the expiration of such permits. Facilities with expired permits or permits due to
expire before May 18, 1992, shall submit applications in accordance with the deadline set
forth under paragraph (f)(1) of this section.
(6)
New discharges of storm water associated with industrial activity. Facilities proposing a
new discharge of storm water associated with industrial activity shall submit an
application/notice of intent or a no exposure certification in accordance to Rule 31(h), 180
days before that facility commences industrial activity which may reasonably be expected to
result in a discharge of storm water associated with that industrial activity. Different
submittal dates may be required under the terms of applicable general permits.
(7)
Discharges of storm water associated with small construction activity. For any storm water
discharge associated with small construction activity identified in Rule 31(b)(16)(i), a
permit application must be submitted to the Director by March 10, 2003, unless designated
for coverage before then.
(8)
Discharges of storm water from small municipal separate storm water sewer systems. For
any discharge from a regulated small MS4, the permit application made under Rule 31(e)
must be submitted to the Director by:
(i)
March 10, 2003 if subject to Rule 31(a)(5)(i)(A-D);
(ii)
March 10, 2008 if subject to Rule 31(a)(5)(i)(G);
(iii)
Within one hundred eighty (180) days of notice, unless the Department grants a later
date, if designated under Rule 31(a)(1)(vii), and (a)(1)(viii), or (a)(5)(E, F, H – J).
(9)
Waivers from permit requirement for discharges of storm water from small municipal
separate storm sewer systems.
(i)
An operator of a small MS4 eligible for a waiver under Rule 31(g)(5)(i) and (ii)
must submit an application for a waiver in accordance with Rule 31(e)(4) by June
19, 2002.
(ii)
An operator of a small MS4 seeking a waiver under Rule 31(g)(5)(iii) must submit
an application for a waiver in accordance with Rule 31(e)(4) by March 10, 2007.
(g)
Petitions.
(1)
Any operator of a municipal separate storm sewer system may petition the Director to
require a separate RIPDES permit for any discharge or category of discharges into the
municipal separate storm sewer system.
(2)
Any person may petition the Director to require a RIPDES permit for a discharge or
category of discharges which are composed entirely of storm water which contributes to a
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violation of a water quality standard or is a significant contributor of pollutants to waters of
the State.
(3)
The owner or operator of a municipal separate storm sewer system may petition the Director
to reduce the Census estimates of the population served by such separate system to account
for storm water discharged to combined sewers as defined by 40 CFR 35.2005(b)(11) that is
treated in a publicly owned treatment works. In municipalities in which combined sewers
are operated, the Census estimates of population may be reduced proportional to the
fraction, based on estimated lengths, of the length of combined sewers over the sum of the
length of combined sewers and municipal separate storm sewers where an applicant has
submitted the RIPDES permit number associated with each discharge point and a map
indicating areas served by combined sewers and the location of any combined sewer
overflow discharge point.
(4)
Any person may petition the Director for the designation of a large, medium or small
municipal separate storm sewer system as defined by paragraphs (b)(4)(iv), (b)(7)(iv) or
(b)(17) of this section. Final determination on any petition will be made in accordance to
Rule 31(g)(8).
(5)
The Department may waive the requirement to obtain a permit for small municipal separate
storm sewer systems under the following circumstances:
(i)
The small MS4 is located within a jurisdiction with only urbanized areas that
contain a total population of less than 1,000 or a jurisdiction with only densely
populated areas (See Appendix H – J), and the MS4 meets the following criteria:
(A)
The small MS4 is not contributing substantially to the pollutant loadings of a
physically interconnected regulated MS4;
(B)
The small MS4 does not discharge to an impaired water body, within the
urbanized area or densely populated area;
(C)
If the small MS4 does discharge to an impaired water body within the
urbanized area or densely populated area, the operator of the small MS4 has
demonstrated that it does not discharge any pollutants that have been
identified as the cause of impairment;
(D)
If the small MS4 discharges any pollutant(s) that have been identified as a
cause of impairment, to an impaired water body within the urbanized area or
densely populated area, then it must be demonstrated that storm water
controls are not needed based on wasteload allocations that are part of an
EPA approved or established TMDL that addresses the pollutant(s) causing
the impairment.
(ii)
The small MS4 is located in a jurisdiction with urbanized areas or both urbanized
areas and densely populated areas that contain a total population greater than or
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equal to 1,000 but less than 10,000 (See Appendix H – J), and the MS4 meets all of
the following criteria:
(A)
The Department has evaluated all waters of the State, including small
streams, tributaries, lakes, and ponds, that receive a discharge from the small
MS4, throughout the jurisdiction;
(B)
For all such waters, the Department has determined that storm water
controls are not needed based on wasteload allocations that are part of an
EPA approved or established TMDL that addresses the pollutant(s) of
concern or, if a TMDL has not been developed or approved, an equivalent
analysis that determines sources and allocation for the pollutant(s) of
concern;
(C)
For the purpose of this paragraph, the pollutant(s) of concern include
biochemical oxygen demand (BOD), sediment or a parameter that addresses
sediment (such as total suspended solids, turbidity or siltation), pathogens,
oil and grease, and any pollutant that has been identified as a cause of
impairment of any water body that will receive a discharge from the MS4,
throughout the jurisdiction; and
(D)
The operator of the MS4 has demonstrated to the satisfaction of the Director
that future discharges from the MS4 do not have the potential to result in
exceedances of water quality standards, including impairment of designated
uses, or other significant water quality impacts, including habitat and
biological impacts.
(iii)
On or after March 2008, the operator of a small MS4, located outside urbanized
areas and densely populated areas (See Appendix H – J), or previously waived in
accordance with Rule 31(g)(5)(i) and (ii) that discharges to Special Resource
Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs) or
impaired waters, will be required to obtain a permit, unless the operator has
demonstrated effective protection of water quality to the satisfaction of the Director
by meeting the following criteria:
(A)
The operator has documented that the Storm Water Management Program
Plan as defined in Rule 31(e)(3) is applied to all Special Resource Protection
Waters (SRPWs), Outstanding National Resource Waters (ONRWs), or
impaired water bodies that receive a discharge from the small MS4; or
(B)
If the small MS4 discharges to Special Resource Protection Waters
(SPRWs), Outstanding National Resource Waters (ONRWs), or impaired
water bodies then it must be demonstrated that existing and future
discharges from the MS4 do not have the potential to result in water quality
impacts including habitat and biological impacts; and
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(C)
If the small MS4 was previously waived in accordance to Rule 31(g)(5)(i) or
(ii) the Director must determine that those criteria for granting the waiver
continue to be met.
(6)
Any person may petition the Director to review a waiver when the petitioner provides
evidence that the information required for granting the waiver have changed.
(7)
The Director will periodically review any waivers granted in accordance to Rule 31(g)(5) to
determine whether any of the information for granting the waiver has changed. At a
minimum such review will be conducted once every five (5) years.
(8)
The Director shall make a final determination on any petition received under this section
within a reasonable period of time after receiving the petition with the exception of petitions
to designate a small MS4 in which case the Director shall make a final determination on the
petition within one hundred eighty (180) days after its receipt. Where the Department does
not make a determination for a petition in accordance to these deadlines, EPA may make a
determination on the petition. For any storm water discharge from a small MS4 that the
Director has designated, a permit application shall be submitted to the Director within one
hundred eighty (180) days of notice.
(h)
Conditional exclusion for “no exposure” of industrial activities and materials to storm water.
Discharges composed entirely of storm water are not storm water discharges associated with
industrial activity if there is “no exposure” of industrial materials and activities to rain, snow,
snowmelt and/or runoff, and the discharger satisfies the conditions in paragraphs (h)(1) through
(h)(4) of this section. “No exposure” means that all industrial materials and activities are protected
by a storm resistant shelter to prevent exposure to rain, snow, snowmelt and/or runoff. Industrial
materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste
products. Material handling activities include the storage, loading and unloading, transportation, or
conveyance of any raw material, intermediate product, final product or waste product.
(1)
Qualification. To qualify for this exclusion, the operator of the discharge must:
(i)
Provide a storm resistant shelter to protect industrial materials and activities from
exposure to rain, snow, snowmelt, and runoff;
(ii)
Complete and sign (according to Rule 12) a certification, in accordance to Rule
31(h)(4), that there are no discharges of storm water contaminated by exposure to
industrial materials and activities from the entire facility, except as provided in
paragraph (h)(2) of this section;
(iii)
Submit the signed certification to the Department once every five years;
(iv)
Allow the Director to inspect the facility to determine compliance with the “no
exposure” conditions;
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(v)
Allow the Director to make any “no exposure” inspection reports available to the
public upon request; and
(vi)
For facilities that discharge through an MS4, upon request, submit a copy of the
certification of “no exposure” to the MS4 operator, as well as allow inspection and
public reporting by the MS4 operator.
(2)
Industrial materials and activities not requiring storm resistant shelter. To qualify for this
exclusion, storm resistant shelter is not required for:
(i)
Drums, barrels, tanks, and similar containers that are tightly sealed, provided those
containers are not deteriorated and do not leak (“Sealed” means banded or otherwise
secured and without operational taps or valves);
(ii)
Adequately maintained vehicles used in material handling; and
(iii)
Final products, other than products that would be mobilized in storm water
discharge (e.g., rock salt).
(3)
Limitations.
(i)
Storm water discharges from construction activities identified in Rule 31(b)(15)(x)
and (b)(16) are not eligible for this conditional exclusion.
(ii)
This conditional exclusion from the requirement for a RIPDES permit is available
on a facility-wide basis only, not for individual outfalls. If a facility has some
discharges of storm water that would otherwise be “no exposure” discharges,
individual permit requirements should be adjusted accordingly.
(iii)
If circumstances change and industrial materials or activities become exposed to
rain, snow, snowmelt, and/or runoff, the conditions for this exclusion no longer
apply. In such cases, the discharger becomes subject to enforcement for un-
permitted discharges. Any conditionally exempt discharger who anticipates changes
in circumstances should apply for and obtain permit authorization prior to the
change of circumstances.
(iv)
Notwithstanding the provisions of this paragraph, the Department retains the
authority to require permit authorization (and deny this exclusion) upon making a
determination that the discharge causes, has a reasonable potential to cause, or
contributes to an instream excursion above an applicable water quality standard,
including designated uses.
(v)
The Director retains the authority to require permit authorization (and deny this
exclusion) on a case-by-case basis, based on the information provided in Rule
31(h)(4) or upon making a determination that the materials or activities listed in
Rule 31(h)(4)(iii) are or have been exposed to precipitation.
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(4)
Certification. The operator of a discharge seeking a conditional exclusion must submit to
the Department a no exposure certification that contains the following information, at a
minimum, to aid the Department in determining if the facility qualifies for the no exposure
exclusion:
(i)
The legal name, address and phone number of the discharger (see Rule 8(c));
(ii)
The facility name and address, the county name and the latitude and longitude where
the facility is located;
(iii)
The certification must indicate that none of the following materials or activities are,
or will be in the foreseeable future, exposed to precipitation:
(A)
Using, storing or cleaning industrial machinery or equipment, and areas
where residuals from using, storing or cleaning industrial machinery or
equipment remain and are exposed to storm water;
(B)
Materials or residuals on the ground or in storm water inlets from
spills/leaks;
(C)
Materials or products from past industrial activity;
(D)
Material handling equipment (except adequately maintained vehicles);
(E)
Materials or products during loading/unloading or transport activities;
(F)
Materials or products stored outdoors (except final products intended for
outside use, e.g., new cars, where exposure to storm water does not result in
the discharge of pollutant);
(G)
Materials contained in open, deteriorated or leaking storage drums, barrels,
tanks, and similar containers;
(H)
Materials or products handled/stored on roads or railways owned or
maintained by the discharger;
(I)
Waste material (except waste in covered, non-leaking containers, e.g.,
dumpsters);
(J)
Application or disposal of process wastewater (unless otherwise permitted);
and
(K)
Particulate matter or visible deposits of residuals from roof stack/vents not
otherwise regulated, i.e., under an air quality control permit, and evident in
the storm water outflow;
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(iv)
All “no exposure” certifications must include the following certification statement,
and be signed in accordance with the signatory requirements of Rule 12: “I certify
under penalty of law that I have read and understand the eligibility requirements for
claiming a condition of “no exposure” and obtaining an exclusion from RIPDES
storm water permitting; and that there are no discharges of storm water
contaminated by exposure to industrial activities or materials from the industrial
facility identified in this document (except as allowed under paragraph (g)(2)) of
this section. I understand that I am obligated to submit a no exposure certification
form once every five (5) years to the Department and, if requested, to the operator of
the local MS4 into which this facility discharges (where applicable), I understand
that I must allow the Department, or MS4 operator where the discharge is into the
local MS4, to perform inspections to confirm the condition of no exposure and to
make such inspection reports publicly available upon request. I understand that I
must obtain coverage under a RIPDES permit prior to any point source discharge of
storm water from the facility. I certify under penalty of law that this document and
all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gathered and evaluated
the information submitted. Based upon my inquiry of the person or persons who
manage the system, or those persons directly involved in gathering the information,
the information submitted is to the best of my knowledge and belief true, accurate
and complete. I am aware there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations.”
(v)
Any other additional information that the Director deems is necessary to make a
determination.
RULE 32 - GENERAL PERMITS
(a)
Coverage. The Department may issue a general permit in accordance with the following:
(1)
Area. The general permit shall be written to cover a category of discharges described in the
permit under paragraph (a)(2) of this section, except those covered by individual permits,
within a geographic area. The area shall correspond to existing geographic or political
boundaries, such as:
(i)
Designated planning areas under Sections 208 and 303 of the Clean Water Act;
(ii)
Sewer districts or sewer authorities;
(iii)
City, county, or state political boundaries;
(iv)
State highway systems;
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(v)
Standard metropolitan statistical areas as defined by the Office of Management and
Budget;
(vi)
Urbanized areas as designated by the Bureau of Census according to criteria in 39
FR 15202 (May 1, 1974);
(vii)
Densely populated area as defined under Rule 31(b)(20); or
(viii) Any other appropriate division or combination of boundaries.
(2)
Sources. The general permit shall be written to regulate, within the area described in
paragraph (a)(1) of this section, either:
(i)
Storm Water discharges; or
(ii)
A category of point sources other than storm water discharges if the sources all:
(A)
Involve the same or substantially similar types of operations;
(B)
Discharge the same type of wastes;
(C)
Require the same effluent limitations or operating conditions;
(D)
Require the same or similar monitoring;
(E)
In the opinion of the Department, are more appropriately controlled under a
general permit than under individual permits.
(b)
Administration.
(1)
In general. General permits may be issued, modified, revoked, and reissued, or terminated
in accordance with applicable requirements of these regulations. General permits shall be
subject to review by EPA in accordance with the Memorandum of Agreement and 40
CFR Section 123.44.
(2)
Authorization to discharge, or authorization to engage in sludge use and disposal practices.
(i)
Except as provided in paragraphs (b)(2)(v) and (b)(2)(vi) of this section, dischargers
(or treatment works treating domestic sewage) seeking coverage under a general
permit shall submit to the Department of Environmental Management, Office of
Water Resources, 235 Promenade Street, Providence, Rhode Island 02908, a
standardized notice of intent form to be covered by the general permit at least thirty
(30) days prior to commencement of the discharge. A discharger (or treatment
works treating domestic sewage) who fails to submit a notice of intent in accordance
with the terms of the permit is not authorized to discharge, (or in the case of sludge
disposal permit, to engage in a sludge use or disposal practice), under the terms of
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the general permit unless the general permit, in accordance with paragraph (b)(2)(v)
of this section, contains a provision that a notice of intent is not required or the
Director notifies a discharger (or treatment works treating domestic sewage) that it
is covered by a general permit in accordance with paragraph (b)(2)(vi) of this
section. A complete and timely, notice of intent (NOI), to be covered in accordance
with general permit requirements, fulfills the requirements for permit applications
for purposes of Rules 10, 13 and 31.
(ii)
The contents of the notice of intent shall be specified in the general permit and shall
require the submission of information necessary for adequate program
implementation, including at a minimum, the legal name and address of the owner
or operator, the facility name and address, type of facility or discharges, the
receiving stream(s), and such other information the Director may reasonably require
under Rule 11.02(a)(20). General permits for storm water discharges associated with
industrial activity from inactive mining, inactive oil and gas operations, or inactive
landfills occurring on Federal lands where an operator cannot be identified may
contain alternative notice of intent requirements. All notices of intent shall be
signed in accordance with Rule 12 (40 CFR 122.22).
(iii)
General permits shall specify the deadlines for submitting notices of intent to be
covered and the date(s) when a discharger is authorized to discharge under the
permit;
(iv)
General permits shall specify whether a discharger (or treatment works treating
domestic sewage) that has submitted a complete and timely notice of intent to be
covered in accordance with the general permit and that is eligible for coverage under
the permit, is authorized to discharge, (or in the case of a sludge disposal permit, to
engage in a sludge use or disposal practice), in accordance with the permit either
upon receipt of the notice of intent by the Director, after a waiting period specified
in the general permit, on a date specified in the general permit, or upon receipt of
notification of inclusion by the Director. Coverage may be terminated or revoked in
accordance with paragraph (b)(3) of this section.
(v)
Discharges other than discharges from publicly owned treatment works, combined
sewer overflows, primary industrial facilities, and storm water discharges associated
with industrial activity, may, at the discretion of the Director, be authorized to
discharge under a general permit without submitting a notice of intent where the
Director finds that a notice of intent requirement would be inappropriate. In
making such a finding, the Director shall consider: the type of discharge; the
expected nature of the discharge; the potential for toxic and conventional pollutants
in the discharges; the expected volume of the discharges; other means of identifying
discharges covered by the permit; and the estimated number of discharges to be
covered by the permit. The Director shall provide in the public notice of the general
permit the reasons for not requiring a notice of intent.
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(vi)
The Director may notify a discharger (or treatment works treating domestic sewage)
that it is covered by a general permit, even if the discharger (or treatment works
treating domestic sewage) has not submitted a notice of intent to be covered. A
discharger (or treatment works treating domestic sewage) so may notified request an
individual permit under paragraph (b)(3)(iii) of this section.
(3)
Requiring an individual permit.
(i)
The Department may require any person authorized by a general permit to apply for
and obtain an individual RIPDES permit. Any interested person may petition the
Department to take action under this subparagraph. Cases where an individual
RIPDES permit may be required include the following:
(A)
The discharge(s) is a significant contributor of pollution as determined by
the factors set forth in Rule 31;
(B)
The discharger is not in compliance with the conditions of the general
RIPDES permit;
(C)
A change has occurred in the availability of demonstrated technology or
practices for the control or abatement of pollutants applicable to the point
source;
(D)
Effluent limitation guidelines are promulgated for point source covered by
the general RIPDES permit;
(E)
A Water Quality Management Plan containing requirements applicable to
such point sources is approved; or
(F)
Circumstances have changed since the time of the request to be covered so
that the discharger is no longer appropriately controlled under the general
permit, or either a temporary or permanent reduction or elimination of the
authorized discharge is necessary;
(G)
Standards for sewage sludge use or disposal have been promulgated for the
sludge use and disposal practice covered by the general RIPDES permit; or
(H)
The discharge(s) is a significant contributor of pollutants. In making this
determination, the Director may consider the following factors:
(1)
The location of the discharge with respect to waters of the State;
(2)
The size of the discharge;
(3)
The quantity and nature of the pollutants discharged to waters of the
State; and
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(4)
Other relevant factors;
(ii)
The Department may require any owner or operator authorized by a general permit
to apply for an individual RIPDES permit as provided in paragraph (b)(3)(i) of this
section, only if the owner or operator has been notified in writing that a permit
application is required. This notice shall include a brief statement of reasons for this
decision, an application form, a statement setting a time for the owner or operator to
file the application, and a statement that on the effective date of the individual
RIPDES permit the general permit as it applies to the individual permittee shall
automatically terminate. The Department may grant additional time upon request of
the applicant.
(iii)
Any owner or operator authorized by a general permit may request to be excluded
from the coverage of the permit by applying for an individual permit. The owner or
operator shall submit an application with reasons supporting the request to the
Department no later than 90 days after public notice of the general permit. The
request shall be granted by issuing of any individual permit if the reasons cited by
the owner or operator are adequate to support the request.
(iv)
When an individual RIPDES permit is issued to an owner or operator otherwise
subject to a general RIPDES permit, the applicability of the general permit to the
individual RIPDES permittee is automatically terminated on the effective date of the
individual permit.
(v)
A source excluded from a general permit solely because it already has an individual
permit may request that the individual permit be revoked, and that it be covered by
the general permit. Upon revocation of the individual permit, the general permit
shall apply to the source.
RULE 33 - CRITERIA AND STANDARDS FOR THE RHODE ISLAND POLLUTANT DISCHARGE
ELIMINATION SYSTEM
(a)
The criteria and standards for the imposition of technology-based treatment requirements in
RIPDES permit shall be as set forth in 40 CFR Part 125, Subpart A.
(b)
The criteria for issuance of permit to aquaculture projects shall be as set forth in 40 CFR Part 125,
Subpart B.
(c)
The criteria for extending compliance dates for facilities installing innovative technology shall be as
set forth in 40 CFR Part 125, Subpart C.
(d)
The criteria and standards for determining fundamentally different factors shall be as set forth in 40
CFR Part 125, Subpart D.
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(e)
The criteria for determining alternative effluent limitations for the thermal component of discharge
shall be as set forth in 40 CFR Part 125, Subpart H.
(f)
The criteria applicable to cooling water intake structures shall be as set forth in 40 CFR Part 125,
Subpart I.
(g)
Criteria for Extending Compliance Dates.
Extensions of the 1977 deadline in Section 301(i)(1) and (2) of the Clean Water Act for compliance
with certain treatment requirements may be granted as described in 40 CFR Part 125, Subpart J.
(h)
The criteria and standards for best management practices for ancillary industrial activities shall be
as set forth in 40 CFR Part 125, Subpart K.
(i)
The criteria and standards for imposing conditions for the disposal of sewage sludge shall be as set
forth in 40 CFR Part 125, Subpart L.
(j)
The criteria and standards for attaining effluent quality through the application of secondary
treatment shall be as set forth in 40 CFR Part 133.
RULE 34 - PROCEDURES FOR ISSUING A RIPDES PERMIT
The permit issuance process involves the following seven major procedural stages:
(a)
An application is made in proper form.
(b)
The Department prepares a tentative decision to issue or deny a draft RIPDES permit. This
decision shall be made available for public comment.
(c)
Where the Department issues a draft RIPDES permit after consideration of any comments received
during the public comment period the Department shall issue a final permit.
(d)
The permittee may request an adjudicatory hearing to contest the final determination of the
Department to grant, deny, modify, suspend or revoke a permit. The Department shall determine
whether a hearing shall be granted.
(e)
DEM shall hold a hearing in accordance with these regulations and the Department's
"Administrative Rules of Practice and Procedure".
(f)
The Director shall make all final decisions concerning the permit.
(g)
A request for permit modification, revocation, reissuance, or termination shall be made in
accordance with the procedures applicable to permit issuance, except for minor modifications
which shall be made in accordance with Rule 25.
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RULE 35 - APPLICATION REVIEW BY THE DEPARTMENT
(a)
Permit application.
(1)
Any person who requires a RIPDES permit shall complete, sign and submit to the
Department an application in accordance with these regulations. Applications are not
required for general permits.
(2)
The Department shall not begin the processing of a permit until the applicant has fully
complied with the application requirements for that permit.
(3)
Permit applications must comply with signature and certification requirements of Rule
12.
(b)
Completeness.
(1)
Upon receipt of a RIPDES application the Department shall have 60 days to review the
application for completeness. Upon completing the review, the Department shall notify the
applicant in writing whether the application is complete. If the application is incomplete,
the Department shall list the information necessary to make the application complete and
shall specify in the notice of deficiency a date for submitting the necessary information.
Where the Department has deemed an application to be deficient, the processing of the
application will be suspended and the applicant given 30 days to correct said deficiencies to
the satisfaction of the Department.
(2)
If the applicant fails or refuses to correct said deficiencies within the 30 day time period,
and if an extension has not been granted by the Department, the permit may be denied and
any appropriate enforcement action may be taken under the applicable statutory provisions.
(3)
After the application is completed, the Department may request additional information from
an applicant but only when necessary to clarify, modify, or supplement previously
submitted material. Requests for such additional information will not render an application
incomplete, but if the applicant fails or refuses to submit such information, the permit may
be denied and any appropriate enforcement action may be taken under the applicable
statutory provision.
(c)
The Department shall determine whether a site visit(s) and inspection are necessary requirements
and part of the application in order to evaluate the discharge completely and accurately. If the
Department decides that a site visit is necessary for any reason in conjunction with the processing
of an application, the applicant shall be notified and a site visit shall be scheduled.
(d)
Completed RIPDES applications shall be sent to the Regional Administrator by the Department
prior to public notice of a draft permit in accordance with the terms of the Memorandum of
Agreement.
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(e)
Draft permits shall be sent to the Regional Administrator prior to public notice in accordance with
the terms of the Memorandum of Agreement.
RULE 36 - MODIFICATION, REVOCATION AND REISSUANCE, OR TERMINATION
PROCEDURES
(a)
Permits may be modified, revoked and reissued, or terminated either at the request of any interested
person (including the permittee) or upon the Department's initiative. However, permits may
usually only be modified, revoked and reissued, or terminated for the reasons specified in Rule 23
or 24. Other basis for modification may only be found when consistent with the State Act so long
as not for causes less stringent than required by the Clean Water Act and implementing regulations.
All requests shall be in writing and shall contain facts or reasons supporting the request.
(b)
If the Department decides the request is not justified, the Department shall send the requester a
brief written response giving a reason for the decision. Denials of requests for modification,
revocation and reissuance, or termination are not subject to public notice, comment or hearings.
(c)
(1)
If the Department tentatively decides to modify or revoke and reissue a permit under Rule
23, a draft permit shall be prepared under Rule 37 incorporating the proposed changes. The
Department may request additional information and, in the case of a modified permit, may
require the submission of an updated permit application. In the case of revoked and
reissued permits, the Department shall require the submission of a new application.
(2)
In a permit modification under this section, only those conditions to be modified shall be
reopened when a new draft permit is prepared. All other aspects of the existing permit shall
remain in effect for the duration of the unmodified permit. When a permit is revoked and
reissued under this section, the entire permit is reopened as if the permit had expired and
was being reissued. During any revocation and reissuance proceeding the permittee shall
comply with all conditions of the existing permit until a new final permit is reissued.
(3)
"Minor modifications" as defined in Rule 25 are not subject to the requirements of this
section.
(d)
If the Department tentatively decides to terminate a permit under Rule 24, a notice shall be issued
of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the
same procedures as any draft permit prepared under Rule 37.
(e)
All draft permits (including notices of intent to terminate) prepared under this section shall be based
on the administrative record as defined in Rule 40.
RULE 37 - DRAFT PERMITS
(a)
All draft permits shall be issued in accordance with this section.
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(b)
Once an application is complete the Department shall tentatively decide whether to prepare a draft
permit, or deny the application.
(c)
If the Department tentatively decides to deny a permit application, a notice of intent to deny shall be
issued. Notice of intent to deny the permit application is a type of draft permit which follows the
same procedures as any draft permit prepared under this section. If the Department's final decision
is that the tentative decision to deny the permit application was incorrect, the notice of intent to
deny shall be withdrawn and the Department shall proceed to prepare a draft permit under
paragraph (e) of this section.
(d)
If the Department tentatively decides to issue a general permit, the Department shall prepare a draft
general permit under paragraph (e) of this section.
(e)
If the Department decides to prepare a draft permit, the permit shall contain the following
information:
(1)
All conditions under 40 CFR 122.41-122.43.
(2)
All conditions under Rules 14, 15 and 16.
(3)
All monitoring requirements under Rules 14 and 15.
(4)
All variances under Rules 56 through 59.
(5)
All effluent limitations, standards, prohibitions and conditions under 40 CFR and 122.44
and the Rhode Island Pretreatment Regulations.
(f)
All draft permits prepared under this section shall be accompanied by a statement of basis or fact
sheet and shall be based on the administrative record publicly noticed and made available for public
comment. The Department shall give notice of opportunity for a public hearing, issue a final
decision and respond to comments. For RIPDES permits, an appeal may be taken under Rule 49.
RULE 38 - STATEMENT OF BASIS
The Department shall prepare a statement of basis for every draft permit for which a fact sheet under Rule 39 is not
prepared. The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the
reasons for them or, in the case of notices of intent to deny or terminate, reasons supporting the tentative decision.
The statement of basis shall be sent to the applicant and, on request, to any other person.
RULE 39 - FACT SHEET
(a)
A fact sheet shall be prepared for every draft permit for a major facility or activity, for every general
permit (Rule 32), for every draft permit that incorporates a variance or requires an explanation, and
for every draft permit which the Department finds is the subject of widespread public interest or
raises major issues. The fact sheet shall briefly set forth the principal facts and the significant
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factual, legal, methodological and policy questions considered in preparing the draft permit. The
Department shall send this fact sheet to the applicant and, on request, to any other person.
(b)
The fact sheet shall include, when applicable:
(1)
A brief description of the type of facility or activity which is the subject of the draft permit.
(2)
The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being
treated, stored, disposed of, injected, emitted, or discharged.
(3)
A brief summary of the basis for the draft permit conditions including references to
applicable statutory or regulatory provisions and appropriate supporting references to the
administrative record required by Rule 40.
(4)
Reasons why any requested variances or alternatives to required standards do or do not
appear justified.
(5)
A description of the procedures for reaching a final decision on the draft permit including:
(i)
The beginning and ending dates of the comment period under Rule 41 and the
address where comments will be received;
(ii)
Procedures for requesting a hearing and the nature of that hearing; and
(iii)
Any other procedures by which the public may participate in the final decision.
(6)
Name and telephone number of a person to contact for additional information.
(7)
Any calculations or other necessary explanation of the derivation of specific effluent
limitations and conditions, including a citation to the applicable effluent limitation guideline
or performance standard provisions as required under Rule 16 and reasons why they are
applicable or an explanation of how the alternate effluent limitations were developed.
(8)
When the draft permit contains any of the following conditions, an explanation of the
reasons why such conditions are applicable:
(i)
Limitations to control toxic pollutants;
(ii)
Limitations on internal wastestreams; or,
(iii)
Limitations on indicator pollutants under 40 CFR Section 125.3(g).
(9)
A sketch or detailed description of the location of the discharge(s) described in the
application.
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(10)
For every permit to be issued to a treatment works owned by a person other than a state or
municipality, an explanation of the Director's decision on regulation of users under Rule
16.05.
RULE 40 - ADMINISTRATIVE RECORD FOR THE DRAFT PERMITS
(a)
The provisions of a draft permit shall be based on the administrative record defined in this section.
(b)
For preparing a draft permit under Rule 37, the record shall consist of:
(1)
The application, if required, and any supporting data furnished by the applicant;
(2)
The draft permit or notice of intent to deny the application or to terminate the permit;
(3)
The statement of basis or fact sheet;
(4)
All documents cited in the statement of basis or fact sheet; and
(5)
Other documents contained in the supporting file for the draft permit.
(c)
Material that is readily available in the offices of the Department, or published material that is
generally available, and that is included in the administrative record under paragraphs (a) and (b)
of this section, need not be physically included with the rest of the record as long as it is
specifically referred to in the statement of basis or the fact sheet.
RULE 41 - PUBLIC NOTICE OF PERMIT ACTIONS AND PUBLIC COMMENT PERIOD
(a)
Scope.
(1)
The Department shall give public notice that the following actions have occurred:
(i)
A permit application has been tentatively denied;
(ii)
A draft permit (including a notice of intent to terminate a permit and a tentative
decision to modify or revoke and reissue a permit) has been prepared;
(iii)
A hearing has been scheduled under Rule 43; and
(2)
No public notice is required when a request for permit modification, revocations and
reissuance or termination is denied under Rule 36. Written notice of that denial shall be
given to the requester and to the permittee.
(3)
Public notices may describe more than one type of discharge, or permit action.
(b)
Timing.
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(1)
Public notice of the preparation of a draft permit (including a notice of intent to deny a
permit application) required under paragraph (a) of this section shall allow at least 30 days
for public comment.
(2)
Public notice of a permit hearing shall be given at least 30 days before the hearing. (Public
notice of the hearing may be given at the same time as public notice of the draft permit and
the two notices may be combined.)
(c)
Methods. Public notice of activities described in paragraph (a)(1) of this section shall be given by
the following methods:
(1)
By mailing a copy of a notice to the following persons (any person otherwise entitled to
receive notice under this paragraph may waive his or her rights to receive notice for any
classes and categories of permits):
(i)
The applicant;
(ii)
Any other agency which the Department knows has issued or is required to issue an
environmental permit for the same facility or activity (including EPA);
(iii)
Federal and State agencies with jurisdiction over fish, shellfish, and wildlife
resources and over coastal zone management plans, and Advisory Council on
Historic Preservation, State Historic Preservation Officers, and other appropriate
government authorities, including any affected states;
(iv)
Any State agency responsible for plan development under Sections 208(b)(2),
208(b)(4) or 303(e) of the Clean Water Act and the U.S. Army Corps of Engineers,
the U.S. Fish and Wildlife Service and the National Marine Fisheries Service;
(v)
Any user identified in the permit application of a privately owned treatment works;
(vi)
The affected mayor, municipal clerk, planning board, sewerage authority, health
officer, and environmental commission;
(vii)
Persons on a mailing list developed by:
(A)
Including those who request in writing to be on the list;
(B)
Soliciting persons for "area lists" from participants in past permit
proceedings in that area; and
(C)
Notifying the public of the opportunity to be put on the mailing list through
periodic publication in the public press and in such publication as State
funded newsletters, environmental bulletins, or State law journals. (The
Department may update the mailing list from time to time by requesting
written indication of continued interest from those listed. The Department
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may delete from the list the name of any person who fails to respond to such
a request.)
(2)
For major permits and general permits, publication of a notice in a daily or weekly
newspaper within the area affected by the facility or activity;
(3)
Such notice shall be published in any manner constituting legal notice to the public under
State law for all other actions described in Rule 41(a)(1); and
(4)
Any other method reasonably calculated to give actual notice of the action in question to the
persons potentially affected by it, including press releases or any other forum or medium to
elicit public participation.
(d)
Contents.
(1)
All public notices issued under this Rule shall contain the following minimum information:
(i)
Name and address of the office processing the permit action for which notice is
being given;
(ii)
Name and address of the permittee or permit applicant and if different, of the facility
or activity regulated by the permit, except in the case of draft general permit;
(iii)
A brief description of the business conducted at the facility or activity described in
the permit application or draft permit;
(iv)
Name, address and telephone number of a person from whom interested persons
may obtain further information, including copies of the draft permit or draft general
permit, as the case may be, statement of basis or fact sheet, and the application;
(v)
A brief description of the comment procedures required by Rule 42 and 43 and the
time and place of any hearing that will be held, including a statement of procedures
to request a hearing (unless a hearing has already been scheduled) and other
procedures by which the public may participate in the final permit decision;
(vi)
The location of the administrative record required by Rule 40, the times at which the
record will be open for public inspection, and a statement that all data submitted by
the applicant is available as part of the administrative record;
(vii)
A general description of the location of each existing or proposed discharge point
and the name of the receiving water. For draft general permits, this requirement will
be satisfied by a map or description of the permit area;
(viii) Any additional information considered necessary or proper; and
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(ix)
Where a request under Section 316(a) of the Clean Water Act has been filed under
Rule 59, the public notice shall include:
(A)
A statement that the thermal component of the discharge is subject to
effluent limitations under Section 301 and 306 of the Clean Water Act and a
brief description, including a quantitative statement, of the thermal effluent
limitations proposed under Section 301 and 306 of the Clean Water Act;
(B)
A statement that a Section 316(a) request has been filed and that alternative
less stringent effluent limitations may be imposed on the thermal component
of the discharge under Section 316(a) and a brief description, including a
quantitative statement, of the alternative effluent limitations, if any, included
in the request; and
(C)
If the applicant has filed an early screening request pursuant to 40 CFR
Section 125.72 for a Section 316(a) variance, a statement that the applicant
has submitted such information.
(2)
Public notices for hearings. In addition to the general public notice described in paragraph
(d)(1) of this section, the public notice of a hearing under Rule 43 shall contain the
following information:
(i)
Reference to the date of previous public notice relating to the permit;
(ii)
Date, time and place of the hearing; and
(iii)
A brief description of the nature and purpose of the hearing, including the applicable
rules and procedures.
(e)
In addition to the general public notice described in paragraph (d)(1) of this section, all persons
identified in paragraphs (c)(1)(i), (ii), (iii), (iv), and (v) of this section shall be mailed a copy of the
fact sheet or statement of basis, the permit application (if any), and the draft permit (if any).
RULE 42 - PUBLIC COMMENT AND REQUEST FOR PUBLIC HEARINGS
During the public comment period provided under Rule 41, any interested person may submit written comments
on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a
public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing.
All comments shall be considered in making the final decision and shall be answered as provided in Rule 48.
RULE 43 - PUBLIC HEARINGS
(a)
Whenever the Department finds on the basis of requests, a significant degree of public interest in a
draft permit, the Department shall hold a public hearing. The Department also may hold a public
hearing at its discretion, whenever, for instance, such a hearing might clarify one or more issues
involved in the permit. Public notice of the hearing shall be given as specified in Rule 41.
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(b)
Whenever a public hearing will be held, the Department shall designate a hearing officer for the
hearing who shall be responsible for its scheduling and orderly conduct.
(c)
Any person may submit oral or written statements and data concerning the draft permit.
Reasonable limits may be set upon the time allowed for oral statements, and the submission of
statements in writing may be required. The public comment period under Rule 41 shall
automatically be extended to the close of any public hearing under this section. The hearing officer
may also extend the comment period by so stating at the hearing.
(d)
A tape recording or written transcript of the hearing shall be made available to the public.
RULE 44 - OBLIGATION TO RAISE ISSUES AND PROVIDE INFORMATION DURING THE
PUBLIC COMMENT PERIOD
(a)
All persons, including applicants, who believe any condition of a draft permit is inappropriate or
that the Department's tentative decision to deny an application, terminate a permit, or prepare a draft
permit is inappropriate, must raise all reasonably available arguments and factual grounds
supporting their position, including all supporting material, by the close of the public comment
period (including any public hearing) under Rule 41. All supporting materials shall be included in
full and may not be incorporated by reference, unless they are already part of the administrative
record in the same proceeding, or consist of State or Federal statutes and regulations, EPA
documents of general applicability, or other generally available reference materials. Commenters
shall make supporting material not already included in the administrative record available at the
request of the Department. (A comment period longer than 30 days will often be necessary in
complicated proceedings to give commenters a reasonable opportunity to comply with the
requirements of this section. Commenters may request longer comment periods and these should
be freely established under Rule 41 to the extent they appear necessary.)
RULE 45 - REOPENING OF THE PUBLIC COMMENT PERIOD
(a)
If any data, information or arguments submitted during the public comment period, including
information or arguments required under Rule 44, appear to raise substantial new questions
concerning a permit, the Department may take one or more of the following actions:
(1)
Prepare a new draft permit appropriately modified under Rule 36;
(2)
Prepare a revised statement of basis under Rule 38, a fact sheet or revised fact sheet under
Rule 39 and reopen the comment period; or
(3)
Reopen or extend the comment period under Rule 41 to give interested persons an
opportunity to comment on the information or arguments submitted.
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(b)
Comments filed during the reopened comment period shall be limited to the substantial new
questions that caused its reopening. The public notice under Rule 41 shall define the scope of the
reopening.
(c)
Public notice of any of the above actions shall be issued under Rule 41.
RULE 46 - ISSUANCE AND EFFECTIVE DATE OF PERMIT
(a)
After the close of the public comment period under Rule 41 on a draft permit, the Department shall
issue a final permit. The Department shall notify the applicant and each person who has submitted
written comments or requested notice of the final permit decision. This notice shall include
reference to the procedures for contesting a decision on a permit. For the purposes of this section, a
final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate
a permit.
(b)
A final permit decision shall become effective 30 days after the service of notice of the decision
under paragraph (a) of this section, unless:
(1)
A later effective date is specified in the decision; or
(2)
An adjudicatory hearing is requested under Rule 49; or
(3)
No comments requested a change in the draft permit, in which case the final permit shall
become effective immediately upon issuance.
RULE 47 - RESPONSE TO COMMENTS
(a)
At the time that any final permit is issued, pursuant to Rule 46, the Department shall issue a
response to comments. This response shall:
(1)
Specify which provisions, if any, of the draft permit have been changed in the final permit
decision, and the reasons for the change; and
(2)
Briefly describe and respond to all significant comments on the draft permit or raised during
the public comment period, or during any hearing.
(b)
The response to comments shall be available to the public.
RULE 48 - ADMINISTRATIVE RECORD FOR FINAL PERMIT
(a)
The Department shall base final draft permit and final permit decisions under Rule 46 on the
administrative record defined in this section.
(b)
The administrative record for any final draft permit and final permit shall consist of the
administrative record for the draft and:
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(1)
All comments received during the public comment period provided under Rule 41
(including any extension or reopening under Rule 45);
(2)
The tape or transcript of any hearing(s) held under Rule 43;
(3)
Any written materials submitted at such hearing;
(4)
The response to comments required under Rule 47 and any new material placed in the
record under that section;
(5)
Other documents contained in the supporting file for the permit; and
(6)
The final permit.
(c)
The additional documents required under paragraph (b) of this section should be added to the record
as soon as possible after their receipt or publication by the Department. The record shall be
complete on the date the final draft permit or final permit is issued.
(d)
Material readily available at the issuing Department office, or published materials which are
generally available and which are included in the administrative record under the standards of this
section or of Rule 47 ("Response to Comments"), need not be physically included in the same file
as the rest of the record as long as it is specifically referred to in the statement of basis or fact sheet
or in the response to comments.
RULE 49 - REQUESTS FOR AN ADJUDICATORY HEARING
(a)
Within 30 calendar days following the service of notice of the Department's issuance of a final draft
permit or final permit (where a final draft permit does not precede the final permit) under Rule 46,
any interested person may submit a request to the Department under paragraph (b) of this Rule for
an adjudicatory hearing to reconsider or contest the conditions of that permit. If such a request is
submitted by a person other than the permittee, that person shall simultaneously serve a copy of the
request on the permittee.
(b)
Such requests shall state each legal or factual question alleged to be at issue, and their relevance to
the permit decision, together with a designation of the specific factual areas to be adjudicated and
the hearing time estimated to be necessary for that adjudication. Information supporting the request
or other written documents relied upon to support the request shall be submitted unless it is already
in the administrative record.
(c)
Such request shall also contain:
(1)
The name, mailing address or telephone number of the person making such requests;
(2)
A clear and concise factual statement of the nature and scope of the interest of the requester;
(3)
The names and addresses of the persons who the requester represents; and
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(4)
A statement by the requester that, upon motion of any party, or upon order of the
Administrative Hearing Officer or Officer's own motion and without cost or expense to any
other party, the requester shall make available to appear and testify, the following:
(i)
The requester;
(ii)
All persons represented by the requester; and
(iii)
All officers, directors, employees, consultants and agents of the requester and the
persons represented by the requester.
(5)
Specific references to the contested permit conditions, as well as suggested revised or
alternative permit conditions (including permit denial) which, in the judgment of the
requester, would be required to implement the purposes and policies of the State and
Federal Acts.
(6)
In the case of challenges to the application of control or treatment technologies identified in
the statement of basis or fact sheet, identification of the basis for the objection, and the
alternative technologies or combination of technologies which the requester believes are
necessary to meet the requirements of the State and Federal Acts.
(7)
Identification of the permit obligations that are contested or are inseparable from contested
conditions and should be stayed if the request is granted by reference to the particular
contested conditions warranting the stay.
(d)
If the Department grants an adjudicatory hearing request in whole or in part, the Department shall
identify the permit conditions which have been contested by the requester and for which the
adjudicatory hearing has been granted. Permit conditions which are not contested or for which the
Department has denied the hearing request shall not be affected by, or considered at, the
adjudicatory hearing and the Department shall specify these conditions in writing.
(e)
The Department must grant or deny all requests for an adjudicatory hearing on a particular permit.
All requests that are granted for a particular permit shall be combined in a single adjudicatory
hearing.
(f)
The Department may extend the time allowed for submitting hearing requests under this section for
good cause.
RULE 50 - STAYS OF CONTESTED PERMIT CONDITIONS
(a)
If a request for an adjudicatory hearing of a permit under Rule 49 is granted, an appeal from any
effluent limitation, water quality standard or other applicable standard shall not automatically result
in staying the conditions challenged. During the duration of such an appeal, the contested condition
shall remain in full force and effect unless a stay is granted by the Chief of the Division of Water
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Resources on formal application by the permittee. In exercising his/her discretion on such stay
requests the Chief shall consider the following factors:
(1)
Pollution source and impacted ecosystem(s);
(2)
Technological impediments to either immediate or phased-in compliance; or
(3)
Economic impacts of immediate or phased-in compliance including the benefits of capital
purchases and employment increases required for such compliance.
(b)
Where the Chief determines that immediate compliance would result in irreparable economic
dislocation, while not required to preserve irreplaceable environmental resources, he/she shall
direct that compliance with the effluent limitation, water quality standard or other applicable
standard be phased into effect, partially stayed or entirely stayed pending resolution of the
permittee's appeal.
(c)
Any facility or activity holding an existing permit must:
(1)
Comply, at minimum, with the conditions of that permit during any modification or
revocation and reissuance proceeding under Rule 36; and
(2)
To the extent conditions of any permit are stayed under this section, comply with the
conditions of the existing permit which correspond to the stayed conditions, unless
compliance with the existing conditions would be technologically incompatible with
compliance with other conditions of the new permit which have not been stayed, as
determined by the Director in accordance with paragraphs (a) and (b) above.
(d)
If a request for an adjudicatory hearing of a permit regarding the initial permit issued for a new
source, a new discharger, or a recommencing discharger is granted under Rule 49, the applicant
shall be without a permit pending final Departmental action. Wherever a source subject to this
paragraph has received a final permit which is the subject of a hearing request, the Administrative
Hearing Officer, on motion by the source, may issue a temporary order authorizing it to begin
operation before final Departmental action if it complies with all conditions of that final permit
during the period until final Departmental action. The Administrative Hearing Officer may grant
such a motion in any case where:
(1)
No party opposes it; or
(2)
If a party opposes the motion but the source demonstrates that: (i) it is likely to prevail on
the merits; (ii) irreparable harm to the environment will not result pending final agency
action if it is allowed to commence operations before final agency action; and (iii) the
public interest requires that the source be allowed to commence operations. All the
conditions of any permit covered by that order shall be fully effective and enforceable.
118
RULE 51 - DECISION ON REQUEST FOR HEARING
(a)
Following the expiration of the time allowed by Rule 49 for submitting a request for an
adjudicatory hearing, the Department shall decide the extent to which the request shall be granted.
The Department shall grant a request either in whole or in part ordinarily only when the request
conforms to the requirements of Rule 49 and sets forth material issues of fact relevant to the
issuance of the permit.
(b)
If the Department grants a request for an adjudicatory hearing, the Department shall identify those
contested permit conditions for which an adjudicatory hearing has been granted and whether such
conditions are stayed. The Department shall specify these conditions in writing and serve notice in
accordance with Rule 52. Permit conditions which are not contested or for which the Department
has denied the hearing request shall not be affected by or considered at the adjudicatory hearing.
(c)
If the Department grants a request for an adjudicatory hearing, in whole or in part, in regard to a
particular proposed permit, then any other request for an adjudicatory hearing in regard to that
permit shall be treated as a request to be a party and the Department shall grant any such request
which meets the requirements of paragraph (a) of this section.
(d)
If a request for a hearing is denied in whole or part, the Department shall briefly state the reasons.
Such denial shall be considered the final action of the Department.
RULE 52 - NOTICE OF HEARING
Public notice of the grant of an adjudicatory hearing regarding a permit shall be given by mailing a copy to all
persons who commented on the draft permit, testified at the public hearing, or submitted a request for a hearing.
RULE 53 - CONDUCT OF ADJUDICATORY HEARING
Adjudicatory hearings on permit conditions (including denial of variance requests) shall be governed by procedures
described in "Administrative Rules of Practice and Procedure for the Department of Environmental Management"
and in accordance with the Rhode Island Administrative Procedures Act.
RULE 54 - INDIVIDUAL PERMITS REQUIRED ON A CASE-BY-CASE BASIS
Whenever the Department decides that an individual permit should be required for certain Concentrated Animal
Feeding Operations (Rule 27), Concentrated Aquatic Animal Production Facilities (Rule 28), Separate Storm
Sewers (Rule 31) and certain other facilities covered by a General Permit (Rule 32), the Department shall notify the
discharger in writing of the reasons for that decision and shall include an application form in such notice. The
discharger shall apply for a permit within 60 days of such notice. The question whether the initial designation was
proper will remain open for consideration during the public comment period and in any subsequent hearing.
119
RULE 55 - CONDITIONS REQUESTED BY THE CORPS OF ENGINEERS AND OTHER
GOVERNMENTAL AGENCIES CONCERNING RIPDES PERMITS
(a)
If during the comment period a draft RIPDES permit, the District Engineer advises the
Department in writing that anchorage and navigation of any of the waters of the United States
would be substantially impaired by the granting of a point source surface water discharge permit,
the permit shall be denied and the applicant so notified.
If the District Engineer advises the Department that imposing specified conditions upon the
permit is necessary to avoid any substantial impairment of anchorage or navigation, then the
Department shall include the specified conditions in the permit. Review of appeal of a denial of
a permit or of conditions specified by the District Engineer shall be made through the applicable
procedures of the Corps of Engineers, and may not be made through the procedures provided in
these regulations. If the conditions are stayed by a court of competent jurisdiction or by
applicable procedures of the Corps of Engineers, those conditions shall be considered stayed in
the permit for the duration of that stay.
(b)
If during the comment period, the U.S. Fish and Wildlife Service, the National Marine Fisheries
Service, or any other State or Federal Agency, with jurisdiction over fish, wildlife, or public health
advises the Department in writing that the imposition of specified conditions upon the permit is
necessary to avoid substantial impairment of fish, shellfish, or wildlife resources, the Department
may include the specified conditions in the permit to the extent they are determined necessary to
carry out provisions of 40 CFR 122.12 and the State and Federal Acts.
(c)
In appropriate cases the Department may consult with one or more of the agencies referred to in this
section before issuing a draft permit and may reflect their views in the statement of basis, the fact
sheet, or the draft permit.
(d)
When affected states make recommendations to draft permits, the Department shall either accept
such recommendations or submit a response to the affected states describing in detail the
Department's reasons for not accepting the recommendations.
RULE 56 - VARIANCES UNDER THE STATE AND FEDERAL ACTS
An applicant for a renewal of a RIPDES permit may apply for the following variances:
(a)
Variance requests by non-POTWs. A discharger which is not a publicly owned treatment works
(POTW) may request a variance from otherwise applicable effluent limitations under any of the
following statutory or regulatory provisions within the times specified in this paragraph:
(1)
Fundamentally different factors. A request for a variance based on the presence of
"fundamentally different factors" from those on which the effluent limitations guideline was
based shall be made by the close of the public comment period under Rule 41. The request
shall explain how the requirements of Rule 44 and 40 CFR Part 125, Subpart D have been
met.
120
(2)
Non-conventional pollutants. A request for a variance from the BAT requirements for the
Clean Water Act Section 301(b)(2)(F) pollutants (commonly called "non-conventional"
pollutants) pursuant to Section 301(c) of the Clean Water Act because of the economic
capability of the owner or operator, or pursuant to Section 301(g) of the Clean Water Act
because of certain environmental considerations, when those requirements were based on
effluent limitation guidelines, must be made by:
(i)
Submitting an initial request to the Regional Administrator, as well as to the
Department, stating the name of discharger, the permit number, the outfall
number(s), the applicable effluent guideline, and whether the discharger is
requesting a Section 301(c) or Section 301(g) modification or both. This request
must have been filed not later than:
(A)
September 25, 1978, for a pollutant which is controlled by a BAT effluent
limitation guideline, promulgated before December 27, 1977; or
(B)
270 days after promulgation of an applicable effluent limitation guideline for
guidelines promulgated after December 27, 1977; and
(ii)
Submitting a completed request no later than the close of the public comment period
under Rule 41 demonstrating that the requirements of Rule 44 and the applicable
requirements of Part 125 have been met.
(iii)
Requests for variance from effluent limitations not based on effluent limitation
guidelines, need only comply with paragraph (a)(2)(ii) of this section and need not
be preceded by an initial request under paragraph (a)(2)(i) of this section.
(3)
Delay in construction of POTW. An extension under the Clean Water Act Section 301(i)(2)
of the statutory deadlines in Sections 301(b)(1)(A) or (b)(1)(C) of the Clean Water Act
based on delay in completion of a POTW into which the source is to discharge must have
been requested on or before June 26, 1978, or 180 days after the relevant POTW requested
an extension under paragraph (b)(2) of this section, whichever is later, but in no event may
this date have been later than December 25, 1978. The request shall explain how the
requirements of 40 CFR Part 125, Subpart J have been met.
(4)
Innovative technology. An extension under the Clean Water Act Section 301(k) from the
statutory deadline of Section 301(b)(2)(A) for best available technology based on the use of
innovative technology may be required no later than the close of the public comment period
under Rule 41 for the discharger's initial permit requiring compliance with Section
301(b)(2)(A). The request shall demonstrate that the requirements of Rule 44 and Part 125,
Subpart C have been met.
(5)
Water quality related effluent limitations. A modification under Section 302(b)(2) of
requirements under Section 302(a) pursuant to the Clean Water Act for achieving water
quality related effluent limitations may be requested no later than the close of the public
comment under Rule 41 on the permit from which the modification is sought.
121
(6)
Thermal discharges. A variance under the Clean Water Act Section 316(a) for the thermal
component of any discharge must be filed with a timely application for a permit under this
section, except that if thermal effluent limitations are established under the Clean Water Act
Section 402(a)(1) or are based on water quality standards the request for a variance may be
filed by the close of the public comment period under Rule 41. A copy of the request as
required under 40 CFR Part 125, Subpart H, shall be sent simultaneously to the Department
as required under 40 CFR Part 125.
(b)
Variance requests by POTWs. A discharger which is a publicly owned treatment works (POTWs)
may request a variance from otherwise applicable effluent limitations under any of the following
statutory provisions as specified in this paragraph:
(1)
Dischargers into marine waters. A preliminary request for a modification under the Clean
Water Act Section 301(h) of requirements of the Clean Water Act Section 301(b)(1)(B) for
dischargers into marine waters must have been submitted to the EPA no later than
December 29, 1982. A final request must be submitted in accordance with the filing
requirements of 40 CFR Part 125, Subpart G, and shall demonstrate that all the
requirements of 40 CFR Part 125, Subpart G have been met.
(2)
Delay in construction. An extension under the Clean Water Act Section 301(i)(1) of the
statutory deadlines in the Clean Water Act Sections 301(b)(1)(B) or (b)(1)(C) based on
delay in the construction of the POTW must have been requested on or before June 26,
1978.
(3)
Water quality based effluent limitation. A modification under the Clean Water Act Section
302(b)(2) of the requirements under Section 302(a) for achieving water quality based
effluent limitations shall be requested no later than the close of the public comment period
under Rule 41 on the permit from which the modification is sought.
(c)
Expedited variance procedures and time extensions.
(1)
Notwithstanding the time requirements in paragraphs (a) and (b) of this section, the
Department may notify a permit applicant before a draft permit is issued under Rule 37 that
the draft permit will likely contain limitations which are eligible for variances. In the notice
the Department may require the applicant as a condition of consideration of any potential
variance request to submit a request explaining how the requirements of 40 CFR Part 125
applicable to the variance have been met and may require its submission within a specified
reasonable time after receipt of the notice. The notice may be sent before the permit
application has been submitted. The draft or final permit may contain the alternative
limitations which may become effective upon final grant of the variance.
(2)
A discharger who cannot file a complete request required under paragraphs (a)(2)(ii) or
(a)(2)(iii) of this section may request an extension. The extension may be granted or denied
at the discretion of the Department. Extensions shall be no more than 6 months in duration.
122
(d)
Modifications to water quality based effluent limitations for POTWs and Non-POTWs
Applications for a modification to a water quality based effluent limitation imposed by EPA under
Section 302 of the Clean Water Act shall be made prior to the close of the public comment period
under Rule 41.
RULE 57 - DECISIONS ON VARIANCES
(a)
The Department may grant or deny request for the following variances (subject to EPA objection
under 40 CFR 123.44):
(1)
Extensions under Section 301(i) of the Clean Water Act for delay in completion of a
publicly owned treatment works;
(2)
After consultation with Regional Administrator, extensions under Section 301(k) of the
Clean Water Act based on the use of innovative technology; or
(3)
Variances under Section 316(a) of the Clean Water Act for thermal pollution.
(b)
The Department may deny, or forward to the Regional Administrator with a written concurrence, or
submit to EPA without recommendation a completed request for:
(1)
A variance based on the presence of "fundamentally different factors" from those on which
an effluent limitations guideline was based;
(2)
A variance based on the economic capability of the applicant under Section 301(c) of the
Clean Water Act.
(3)
A variance based upon certain water quality factors under Section 301 (g) of the Clean
Water Act; or
(4)
A variance based on water quality related effluent limitations under Section 302 (b)(2) of
the Clean Water Act.
(c)
The Regional Administrator may deny, forward, or submit a request for a variance listed in
paragraph (b) which is forwarded by the Department with a recommendation for approval, to the
EPA Office Director for Permits and Enforcement.
(d)
The EPA Office Director for Permits and Enforcement may approve or deny any variance request
submitted under paragraph (c). If the EPA Office Director approves the variance, the Department
may prepare a draft permit incorporating the variance. Any public notice of a draft permit for
which a variance or modification has been approved or denied shall identify the applicable
procedures for appealing that determination under 40 CFR 124.64.
123
RULE 58 - PROCEDURES FOR VARIANCES
When a request for a variance is filed as required under Rule 56, the request shall be processed as follows:
(a)
If at the time that a request for a variance is submitted the Department has received an application
for issuance or renewal of that permit but has not yet prepared a draft permit covering the discharge
in question, the Department shall, subject to EPA review pursuant to 40 CFR 124.62, give notice of
a tentative decision on the request at the time the notice of the draft permit is prepared as specified
in Rule 42, unless this would significantly delay the processing of the permit. In that case the
processing of the variance request may be separated from the permit in accordance with paragraph
(c) of this section, and the processing of the permit shall proceed without delay.
(b)
If at the time that a request for a variance is filed the Department has given notice under Rule 41 of
the draft permit covering the discharge in question, but that permit has not yet become final,
administrative proceedings concerning that permit may be stayed and the Department shall prepare
a new draft permit including a tentative decision on the request, and the fact sheet required by Rule
39. However, if this will significantly delay the processing of the existing draft permit or the
Department, for other reasons, considers combining the variance request and the existing draft
permit inadvisable, the request may be separated from the permit in accordance with paragraph (c)
of this section, and the administrative disposition of the existing draft permit shall proceed without
delay.
(c)
If the permit has become final and no application concern it is pending or if the variance request has
been separated from a draft permit as described in paragraphs (a) and (b) of this section, the
Department may prepare a new draft permit and give notice of it under Rule 41. This draft permit
shall be accompanied by the fact sheet required by Rule 39 except that the only matters considered
shall relate to the requested variance.
RULE 59 - SPECIAL PROCEDURES FOR DECISIONS ON THERMAL VARIANCE UNDER
SECTION 316(A)
(a)
Except as provided in 40 CFR Section 124.65, the only issues connected with issuance of a
particular permit on which the Department will make a final decision before the final permit is
issued under Rules 46 and 55 are whether alternative effluent limitations would be justified under
Section 316(a) of the Clean Water Act and whether cooling water intake structures will use the best
available technology under Section 316(b) of the Clean Water Act. Permit applicants who wish an
early decision on these issues should request it and furnish supporting reasons at the time their
permit applications are filed. The Department will then decide whether or not to make an early
decision. If it is granted, the balance of the permit shall be considered permit issuance under these
regulations, and shall be subject to the same requirements of public notice and comment and the
same opportunity for an adjudicatory hearing.
(b)
If the Department, on review of the administrative record, determines that the information necessary
to decide whether or not the Clean Water Act Section 316(a) issue is not likely to be available in
time for a decision on permit issuance, the Department may issue a permit under Rule 46 for a term
up to 5 years. This permit shall require achievement of the effluent limitations initially proposed
124
for the thermal component of the discharge no later than the date otherwise required by State or
Federal law. However, the permit shall also afford the permittee an opportunity to file a
demonstration under Section 316(a) of the Clean Water Act after conducting such studies as are
required under 40 CFR Part 125, Subpart H. A new discharger may not exceed the thermal effluent
limitation which is initially proposed unless and until its Clean Water Act Section 316(a) variance
request is finally approved.
(c)
Any proceeding held under paragraph (a) of this section shall be publicly noticed as required by
Rule 41 and shall be conducted at a time allowing the permittee to take necessary measures to meet
the final compliance date in the event its request for modification of thermal limits is denied.
(d)
Whenever the Department defers the decision under Section 316(a) of the Clean Water Act any
decision under Section 316(b) may be deferred.
RULE 60 - INCORPORATION BY REFERENCE
The following Federal regulations which are cited in whole or in part in these regulations are hereby incorporated
by reference. In the event that any of the requirements set forth in Rule 1 through 59 shall conflict with the
following Federal regulations, then the more stringent standard shall apply. All future amendments to the
following Federal regulations are also hereby incorporated by reference in so far as they may be necessary to assure
that Rhode Island maintains an approved RIPDES program and continues to secure to this State the benefits of that
program:
33 CFR Part 153
40 CFR Parts 122, 123, 124, 125, 133, 136, 300, 403, and Subchapter N
39 Federal Register 15202 (May 1, 1974)
RULE 61 – SUPERSEDED RULES AND REGULATIONS
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies
regarding the administration and enforcement of Chapter 46-12 of the General Laws of Rhode Island of 1956, as
amended, 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.
125
RULE 62 – EFFECTIVE DATE
The foregoing Rules and Regulations for the Rhode Island Pollutant Discharge Elimination System, after due
notice and hearing, are hereby adopted and filed with the Secretary of State this 27th day of February, 2002,
to become effective twenty (20) days thereafter, in accordance with the provisions of Chapter 46-12, 42-35, 46-
17.1, 42-17.6 of the General Laws of Rhode Island, 1956, as amended.
______________________________
Jan Reitsma, Director
Department of Environmental Management
Notice Given on:
July 2, 2001 and November 5, 2001
Public Hearing held: August 14, 2001 and December 5, 2001
Effective Date:
3/19/02
126
APPENDIX A - TABLE 1
TESTING REQUIREMENTS FOR ORGANIC TOXIC POLLUTANTS INDUSTRY CATEGORY
INDUSTRY CATEGORY
*GC/MS FRACTION1
Volatile
Acid
Base/Neutral
Pesticide
Adhesives and Sealants
x
x
x
-
Aluminum Forming
x
x
x
-
Auto and Other Laundries
x
x
x
x
Battery Manufacturing
x
-
x
-
Coal Mining
x
x
x
x
Coil Coating
x
x
x
-
Copper Forming
x
x
x
-
Electric and Electronic Compounds
x
x
x
x
Electroplating
x
x
x
-
Explosives Manufacturing
-
x
x
-
Foundries
x
x
x
-
Gum and Wood Chemicals
x
x
x
x
Inorganic Chemicals Manufacturing
x
x
x
-
Iron and Steel Manufacturing
x
x
x
-
Leather Tanning and Finishing
x
x
x
x
Mechanical Products Manufacturing
x
x
x
-
Nonferrous Metals Manufacturing
x
x
x
x
Ore Mining
x
x
x
x
Organic Chemicals Manufacturing
x
x
x
x
Paint and Ink Formulation
x
x
x
x
Pesticides
x
x
x
x
Petroleum Refining
x
x
x
x
Pharmaceutical Preparations
x
x
x
-
Photographic Equipment and Supplies
x
x
x
x
Plastic & Synthetic Materials Mfg.
x
x
x
x
Plastic Processing
x
-
-
-
Porcelain Enameling
x
-
x
x
Printing and Publishing
x
x
x
x
Pulp and Paperboard Mills
x
x
x
x
Rubber Processing
x
x
x
-
Soap and Detergent Manufacturing
x
x
x
-
Steam Electric Power Plants
x
x
x
-
Textile Mills
x
x
x
x
Timber Products Processing
x
x
x
x
1The pollutants in each fraction are listed in Table II.
x = Testing Required
- = Testing Not Required
*Gas Chromatographic/Mass Spectrometric
127
APPENDIX A - TABLE II
ORGANIC TOXIC POLLUTANTS IN EACH OF FOUR (4) FRACTIONS IN ANALYSIS BY GAS
CHROMATOGRAPHY/MASS SPECTROSCOPY (GC/MS)
Volatiles
Base/Neutral
Pesticides
1V
Acrolein
1B
Acenaphthene
1P
Aldrin
2V
Acrylonitrile
2B
Acenaphthylene
2P
alpha-BHC
3V
Benzene
3B
Anthracene
3P
beta-BHC
4V
Bis(chloromethyl) Ether
4B
Benzidine
4P
gamma-BHC (Lindane)
5V
Bromoform
5B
Benz[n]anthracene
5P
delta-BHC
6V
Carbon Tetrachloride
6B
Benzo[a]pyrene
6P
Chlordane
7V
Chlorobenzene
7B
3,4-Benzofluoranthene
7P
4,4'-DDT
8V
Chlorodibromomethane
8B
Benzo[ghi]perylene
8P
4,4'-DDE
9V
Chloroethane
9B
Benzo[k]fluoranthene
9P
4,4'-DDD
10V 2-Chloroethylvinyl Ether
10B Bis(2-chloroethoxy)methane
10P
Dieldrin
11V Chloroform
11B Bis(2-chloroethyl) Ether
11P
alpha-Endosulfan
12V Dichlorobromomethane
12B Bis(2-chloroisopropyl) Ether
12P
beta-Endosulfan
13V Dichlorodifluoromethane
13B Bis(2-ethylhexyl) Phthalate
13P
Endosulfan Sulfate
14V 1,1-Dichloroethane
14B 4-Bromophenyl Phenyl Ether
14P
Endrin
15V 1,2-Dichloroethane
15B Butylbenzyl Phthalate
15P
Endrin Aldehyde
16V 1,1-Dichloroethylene
16B 2-Chloronaphthalene
16P
Heptachlor
17V 1,2-Dichloropropane
17B 4-Chlorophenyl Phenyl Ether
17P
Heptachlor Epoxide
18V 1,3-Dichloropropylene
18B Chrysene
18P
PCB-1242
19V Ethylbenzene
19B Dibenz[a,h]anthracene
19P
PCB-1254
20V Methyl Bromide
20B 1,2-Dichlorobenzene
20P
PCB-1221
21V Methyl Chloride
21B 1,3-Dichlorobenzene
21P
PCB-1232
22V Methylene Chloride
22B 1,4-Dichlorobenzene
22P
PCB-1248
23V 1,1,2,2-Tetrachloroethane
23B 3,3'-Dichlorobenzidine
23P
PCB-1260
24V Tetrachloroethylene
24B Diethyl Phthalate
24P
PCB-1016
25V Toluene
25B Dimethyl Phthalate
25P
Toxaphane
26V 1,2-Trans-Dichloroethylene
26B Di-n-butyl Phthalate
27V 1,1,1-Trichloroethane
27B 2,4-Dinitrotoluene
28B 1,1,2-Trichloroethane
28B 2,6-Dinitrotoluene
29V Trichloroethylene
29B Di-n-octyl Phthalate
30V Trichlorofluoromethane
30B 1,2-Diphenylhydrazine (as azobenzene)
31V Vinyl Chloride
31B Fluoranthene
Acid Compounds
32B Fluorene
1A
2-Chlorophenol
33B Hexachlorobenzene
2A
2,4-Dichlorophenol
34B Hexachlorobutadiene
3A
2,4-Dimethylphenol
35B Hexachlorocyclopentadiene
4A
4,6-Dinitro-o-cresol
36B Hexachloroethane
5A
2,4-Dinitrophenol
37B Indeno[1,2,3-cd]pyrene
6A
2-Nitrophenol
38B Isophorone
7A 4-Nitrophenol
39B Naphthalene
8A p-Chloro-m-cresol
40B Nitrobenzene
9A
Pentachlorophenol
41B N-Nitrosodimethylamine
10A Phenol
42B N-Nitrosodi-n-propylamine
11A 2,4,6-Trichlorophenol
43B N-Nitrosodiphenylamine
44B Phenanthrene
45B Pyrene
46B 1,2,4-Trichlorobenzene
128
APPENDIX A – TABLE III
OTHER TOXIC POLLUTANTS, METALS, CYANIDE, AND TOTAL PHENOLS
Antimony, Total
Nickel, Total
Arsenic, Total
Selenium, Total
Beryllium, Total
Silver, Total
Cadmium, Total
Thallium, Total
Chromium, Total
Zinc, Total
Copper, Total
Cyanide, Total
Lead, Total
Phenols, Total
Mercury, Total
Dioxin 2, 3, 7, 8 - Tetra - Chlorodibenzo-P-Dioxin
See Rule 11.02(a)(14)(v)
129
APPENDIX A - TABLE IV
CONVENTIONAL AND NON-CONVENTIONAL POLLUTANTS REQUIRED TO BE TESTED BY
EXISTING DISCHARGERS IF EXPECTED TO BE PRESENT
Bromide
Sulfite
Chlorine, Total Residual
Surfactants
Color
Aluminum, Total
Fecal Coliform
Barium, Total
Fluoride
Boron, Total
Nitrate-Nitrite
Cobalt, Total
Nitrogen, Total Organic
Iron, Total
Oil and Grease
Magnesium, Total
Phosphorus, Total
Molybdenum, Total
Radioactivity
Manganese, Total
Sulfate
Tin, Total
Sulfide
Titanium, Total
130
APPENDIX A - TABLE V
TOXIC POLLUTANTS AND HAZARDOUS SUBSTANCES REQUIRED TO BE IDENTIFIED BY
APPLICANTS IF EXPECTED TO BE PRESENT
TOXIC POLLUTANT: Abestos
HAZARDOUS SUBSTANCES:
1. Acetaldehyde
61. Butylamine
121. Dinitrophenol
2. Acetic acid
62. Butyric acid
122. Dinitrotoluene
3. Acetic anhydride
63. Cadmium acetate
123. Diquat
4. Acetone cyanohydrin
64. Cadmium bromide
124. Disulfoton
5. Acetylbromide
65. Cadmium chloride
125. Diuron
6. Acetyl chloride
66. Calcium arsenate
126. Dodecylbenzesulfonic acid
7. Acrolein
67. Calcium arsenite
127. Endosulfan
8. Acrylonitrile
68. Calcium carbide
128. Endrin
9. Adipic acid
69. Calcium chromate
129. Epichlorohydrin
10. Aldrin
70. Calcium cyanide
130. Ethion
11. Allyl alcohol
71. Calcium dodecylbenzenesulfonate
131. Ethylbenzene
12. Allyl chloride
72. Calcium hypochlorite
132. Ethylenediamine
13. Aluminum sulfate
73. Captan
133. Ethylene dibromide
14. Ammonia
74. Carbaryl
134. Ethylene dichloride
15. Ammonium acetate
75. Carbofuran
135. Ethylene diaminetetracetic acid (EDTA)-
16. Ammonium benzoate
76. Carbon disulfide
136. Ferric ammonium citrate
17. Ammonium bicarbonate
77. Carbon tetrachloride
137. Ferric ammonium oxalate
18. Ammonium bichromate
78. Chlordane
138. Ferric chloride
19. Ammonium bifluoride
79. Chlorine
139. Ferric fluoride
20. Ammonium bisulfite
80. Chlorobenzene
140. Ferric nitrate
21. Ammonium carbamate
81. Chloroform
141. Ferric sulfate
22. Ammonium carbonate
82. Chloropyrifos
142. Ferrous ammonium sulfate
23. Ammonium chloride
83. Chlorosulfonic acid
143. Ferrous chloride
24. Ammonium chromate
84. Chromic acetate
144. Ferrous sulfate
25. Ammonium citrate
85. Chromic acid
145. Formaldehyde
26. Ammonium fluoroborate
86. Chromic sulfate
146. Formic acid
27. Ammonium fluoride
87. Chromous chloride
147. Fumaric acid
28. Ammonium hydroxide
88. Cobaltous bromide
148. Forfural
29. Ammonium oxalate
89. Cobaltous formate
149. Guthion
30. Ammonium silicofluoride
90. Cobaltous sulfamate
150. Heptachlor
31. Ammonium sulfamate
91. Coumaphos
151. Hexachlorocyclopentadiene
32. Ammonium sulfide
92. Cresol
152. Hydrochloric acid
33. Ammonium sulfite
93. Crotonaldehyde
153. Hydrofluoric acid
34. Ammonium tartrate
94. Cupric acetate
154. Hydrogen cyanide
35. Ammonium thiocyanate
95. Cupric acetoarsenite
155. Hydrogen sulfite
36. Ammonium thiosulfate
96. Cupric chloride
156. Isoprene
37. Amyl acetate
97. Cupric nitrate
157. Isopropanolamine dodecybenzenesulfonate
38. Aniline
98. Cupric oxalate
158. Kelthane
39. Antimony pentachloride
99. Cupric sulfate
159. Kepone
40. Antimony potassium tartrate
100. Cupric sulfate ammoniated
160. Lead acetate
41. Antimony tribromide
101. Cupric tartrate
161. Lead arsenate
42. Antimony trichloride
102. Cyanogen chloride
162. Lead chloride
43. Antimony trifluoride
103. Cyclohexane
163. Lead fluoborate
44. Antimony trioxide
104. 2,4-D acid (2,4-Dichlorophenoxyacetic acid)
164. Lead flourite
45. Arsenic disulfide
105. 2,4-D esters (2,4-Dichlorophenoxyacetic acid esters)
165. Lead iodide
46. Arsenic pentoxide
106. DDT
166. Lead nitrate
47. Arsenic trichloride
107. Diazinon
167. Lead strearate
48. Arsenic trioxide
108. Dicamba
168. Lead sulfate
49. Arsenic trisulfide
109. Dichlobenil
169. Lead sulfide
50. Barium cyanide
110. Dichlone
170. Lead thiocyanate
51. Benzene
111. Dichlorobenzene
171. Lindane
52. Benzoic acid
112. Dichloropropane
172. Lithium chromate
53. Benzonitrile
113. Dichloropropene
173. Malathion
54. Benzoyl chloride
114. Dichloropropene-dichloproropane mix
174. Maleic acid
55. Benzyl chloride
115. 2,2-Dichloropropionic acid
175. Maleic anhydride
56. Beryllium chloride
116. Dichlorvos
176. Mercaptodimethur
57. Beryllium fluoride
117. Dieldrin
177. Mercuric cyanide
58. Beryllium nitrate
118. Diethylamine
178. Mercuric nitrate
59. Butylacetate
119. Dimethylamine
179. Mercuric sulfate
60. n-Butylphthalate
120. Dinitrobenzene
180. Mercuric thiocyanate
131
APPENDIX A – TABLE V, Cont.
181. Mercurous nitrate
221. Propargite
261. Tetraethyl pyrophosphate
182. Methoxychlor
222. Propionic acid
262. Thallium sulfate
183. Methyl mercaptan
223. Propionic anhydride
263. Toluene
184. Methyl methacrylate
224. Propylene oxide
264. Toxaphene
185. Methyl parathion
225. Pyrethrins
265. Trichlorofon
186. Mevinphos
226. Quinoline
266. Trichloroethylene
187. Mexacarbate
227. Resorcinol
267. Trichlorophenol
188. Monoethylamine
228. Selenium oxide
268. Triethanolamine dodecyl
benzenesulfonate
189. Monomethylamine
229. Silver nitrate
269. Triethylamine
190. Naled
230. Sodium
270. Trimethylamine
191. Napthalene
231. Sodium arsenate
271. Uranyl acetate
192. Napthenic acid
232. Sodium arsenite
272. Uranyl nitrate
193. Nickel ammonium sulfate
233. Sodium bichromate
273. Vanadium pentoxide
194. Nickel chloride
234. Sodium bifluoride
274. Vanadyl sulfate
195. Nickel hydroxide
235. Sodium bisulfite
275. Vinyl acetate
196. Nickel nitrate
236. Sodium chromate
276. Vinylidene chloride
197. Nickel sulfate
237. Sodium cyanide
277. Xylene
198. Nitric acid
238. Sodium dodecylbenzenesulfonate
278. Xylenol
199. Nitrobenzene
239. Sodium fluoride
279. Zinc acetate
200. Nitrogen dioxide
240. Sodium hydrosulfide
280. Zinc ammonium chloride
201. Nitrophenol
241. Sodium hydroxide
281. Zinc borate
202. Nitrotoluene
242. Sodium hypochlorite
282. Zinc bromide
203. Paraformaldehyde
243. Sodium methylate
283. Zinc carbonate
204 Parathion
244. Sodium nitrite
284. Zinc chloride
205. Pentachlorophenol
245. Sodium phosphate (dibasic)
285. Zinc cyanide
206. Phenol
246. Sodium phosphate (tribasic)
286. Zinc fluoride
207. Phosgene
247. Sodium selenite
287. Zinc formate
208. Phosphoric acid
248. Strontium chromate
288. Zinc hydrosulfonate
209. Phosphorus
249. Strychnine
289. Zinc nitrate
210. Phosphorus oxychloride
250. Styrene
290. Zinc phenolsulfonate
211. Phosphorus pentasulfide
251. Sulfuric acid
291. Zinc phosphide
212. Phosphorus trichloride
252. Sulfur monochloride
292. Zinc silicofluoride
213. Polychlorinated biphenyls
(PCB)
253. 2,4,5-T acid (2,4,5-Trichlorophenoxy acetic acid)
293. Zinc sulfate
214. Potassium arsenate
254. 2,4,5-T amines (2,4,5-Trichloro- phenoxy acetic acid
amines)
294. Zirconium nitrate
215. Potassium arsenite
255. 2,4,5-T esters (2,4,5-Trichloro- phenoxy acetic acid esters)
295. Zirconium potassium flouride
216. Potassium bichromate
256. 2,4,5-t salts (2,4,5-Trichloro- phenoxy acetic acid salts)
296. Zirconium sulfate
217. Potassium chromate
257. 2,4,5-TP acid (2,4,5-Trichlorophenoxy propanoic acid)
297. Zirconium tetrachloride
218. Potassium cyanide
258. 2, 4, 5-TP acid esters (2,4,5-Trichlorophenoxy propanoic
acid esters)
219. Potassium hydroxide
259. TDE (Tetrachlorodiphenyl ethane)
220. Potassium permanganate
260. Tetraethyl lead
132
APPENDIX B
CRITERIA FOR DETERMINING A CONCENTRATED ANIMAL FEEDING OPERATION
An animal feeding operation is a concentrated animal feeding operation for purposes of Rule 27 if either of the
following criteria are met.
(a)
More than the numbers of animals specified in any of the following categories are confined:
1)
1,000 slaughter and feeder cattle;
2)
700 mature dairy cattle (whether milked or dry cows);
3)
2,500 swine each weighing over 25 kilograms (approximately 55 pounds);
4)
500 horses;
5)
10,000 sheep or lambs;
6)
55,000 turkeys;
7)
100,000 laying hens or broilers (if the facility has continuous overflow watering);
8)
30,000 laying hens or broilers (if the facility has a liquid manure handling system);
9)
5,000 ducks; or
10)
1,000 animal units; or
(b)
More than the following number and types of animals are confined:
1)
300 slaughter or feeder cattle;
2)
200 mature dairy cattle (whether milked or dry cows);
3)
750 swine each weighing over 25 kilograms (approximately 55 pounds);
4)
150 horses;
5)
3,000 sheep or lambs;
6)
14,500 turkeys;
7)
30,000 laying hens or broilers (if the facility has continuous overflow watering);
8)
9,000 laying hens or broilers (if the facility has a liquid manure handling system);
9)
1,500 ducks; or
10)
300 animal units;
133
APPENDIX B (Cont.)
and either one of the following conditions are met: pollutants are discharged into navigable waters
through a manmade ditch, flushing system or other similar manmade device; or pollutants are
discharged directly into waters of the United States which originate outside of and pass-over,
across, or through the facility or otherwise come into direct contact with the animals confined in the
operation.
Provided, however, that no animal feeding operation is a concentrated animal feeding operation as
defined above if such animal feeding operation discharges only in the event of a 25-year, 24-hour
storm event.
The term "animal unit" means a unit of measurement for any animal feeding operation calculated by
adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the
number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 25
kilograms (approximately 55 pounds) multiplied by 0.4, plus the number of sheep multiplied by
0.1, plus the number of horses multiplied by 2.0.
The term "manmade" means constructed by man and used for the purpose of transporting wastes.
134
APPENDIX C
CRITERIA FOR DETERMINING A CONCENTRATED AQUATIC ANIMAL
PRODUCTION FACILITY
A hatchery, fish farm, or other facility is a concentrated aquatic animal production facility for
purposes of Rule 28 if it contains, grows, or holds aquatic animals in either of the following
categories.
(a)
Cold water fish species or other cold water aquatic animals in ponds, raceways, or other
similar structures which discharge at least thirty (30) days per year but does not include:
1)
Facilities which produce less than 9,090 harvest weight kilograms (approximately
20,000 pounds) of aquatic animals per year; and
2)
Facilities which feed less than 2,272 kilograms (approximately 5,000 pounds) of
food during the calendar month of maximum feeding.
(b)
Warm water fish species or other warm water aquatic animals in ponds, raceways, or other
similar structures which discharge at least thirty (30) days per year, but does not include:
1)
Closed ponds which discharge only during periods of excess runoff; or
2)
Facilities which produce less than 45,454 harvest weight kilograms (approximately
100,000 pounds) of aquatic animals per year.
"Cold water aquatic animals" include, but are not limited to, the Salmonidae family of fish; e.g.,
trout and salmon.
"Warm water aquatic animals" include, but are not limited to, the Ameiuride, Centrarchidae and
Cyprinidae families of fish; e.g., respectively, catfish, sunfish and minnows.
135
APPENDIX D
PRIMARY INDUSTRY CATEGORIES
Adhesives and Sealants
Inorganic Chemicals Manufacturing
Plastics Processing
Aluminum Forming
Iron and Steel Manufacturing
Plastic and Synthetic Materials Manufacturing
Auto and Other Laundries
Leather Tanning and Finishing
Porcelain Enameling
Battery Manufacturing
Mechanical Products Manufacturing
Printing and Publishing
Coal Mining
Nonferrous Metals Manufacturing
Pulp and Paper Mills
Coil Coating
Ore Mining
Rubber Processing
Copper Forming
Organic Chemicals Manufacturing
Soap and Detergent Manufacturing
Electrical and Electronic Components
Paint and Ink Formulation
Steam Electric Power Plants
Electroplating
Pesticides
Textile Mills
Explosives Manufacturing
Petroleum Refining
Timber Products Processing
Foundries
Pharmaceutical Preparations
Gum and Wood Chemicals
Photographic Equipment and Supplies
136
APPENDIX D, Cont.
SUB-CATEGORIES OF PRIMARY INDUSTRIES
1. Timber Products Processing
SIC 2411--Logging Camps and Logging Contractors (Camps
Only)
SIC 2421--Saw Mills and Planning Mills, General
SIC 2426--Hardwood Dimension and Flooring Mills
SIC 2429--Special Purpose Sawmills, Not Elsewhere
Classified
SIC 2431--Mill Work
SIC 2434--Wood Kitchen Cabinets
SIC 2435--Hardwood Veneer and Plywood
SIC 2436--Softwood Veneer and Plywood
SIC 2439--Structural Wood Members, Not Elsewhere
Classified
SIC 2491--Wood Preserving
SIC 2499--Wood Products, Not Elsewhere Classified
(Furniture Mills)
SIC 2661--Building Paper and Building Board Mills
(Hardboard Only)
2. Steam Electric Power Plants
SIC 4911--Electric Services (Limited to Steam Electric
Power Plants)
3. Leather Tanning and Finishing
SIC 31--Leather and Leather Products
4. Iron and Steel Manufacturing
SIC 3312--Blast Furnaces (Including Coal Ovens), Steel
Works and Rolling Mills
SIC 3313--Electrometallurgical Products
SIC 3315--Steel Wire Drawing and Steel Nails and Spikes
SIC 3316--Cold Rolled Steel Sheet, Strip and Bars
SIC 3317--Steel Pipe and Tubes
5. Petroleum Refining
SIC 2911--Petroleum Refining (Including: (1) Topping
Plant; (2) Topping and Cracking Plants; (3) Topping,
Cracking and Petro-chemical Plants; (4) Integrated
Plants; and (5) Integrated and Petro-chemical Plants)
6. Inorganic Chemicals Manufacturing
SIC 2812--Alkalies and Chlorine
SIC 2813--Industrial Gasses
SIC 2816--Inorganic Pigments
SIC 2819--Industrial Inorganic Chemicals, Not Elsewhere
Classified
7. Textile Mills
SIC 22--Textile Mill Products
SIC 33--Apparel and Other Finished Products Made from
Fabrics and Similar Materials
8. Organic Chemicals Manufacturing
SIC 2865--Cylic (Coal Tar) Crudes, and Cylic Inter-
mediates, Dyes, and Organic Pigments (Lakes and
Toners)
SIC 2869--Industrial Organic Chemicals, Not Elsewhere
Classified
9. Nonferrous Metals Manufacturing
SIC 2819--Industrial Inorganic Chemicals, Not Else-
where Classified (Baunite Refining Only)
SIC 3331--Primary Smelting and Refining of Copper
SIC 3332--Primary Smelting and Refining of Lead
SIC 3333--Primary Smelting and Refining of Zinc
SIC 3334--Primary Production of Aluminum
SIC 3339--Primary Smelting and Refining of Nonferrous
Metals, Not Elsewhere Classified
SIC 3341--Secondary Smelting and Refining of Nonfer-
rous Metals
10. Paving and Roofing Materials (Tars and Asphalt)
SIC 2951--Paving Mixtures and Blocks
SIC 2952--Asphalt Pelts and Coatings
SIC 3996--Linoleum, Asphalted Pelt Base, and Other
Hard Surface Floor Coverings, Not Elsewhere Classi-
fied
137
APPENDIX D, Cont.
SUB-CATEGORIES OF PRIMARY INDUSTRIES, Cont.
11. Paint and Ink Formulation and Printing
SIC 2711--Newspaper; Publishing, Publishing & Printing
SIC 2721--Periodicals; Publishing, Publishing and Printing
SIC 2731--Books; Publishing, Publishing and Printing
SIC 2732--Book Printing
SIC 2741--Miscellaneous Publishing
SIC 2751--Commercial Printing, Letterpress and Screen
SIC 2752--Commercial Printing, Letterpress and
Lithographic
SIC 2753--Engraving and Plate Printing
SIC 2754--Commercial Printing, Gravure
SIC 2761--Mainfold Business Forms
SIC 2771--Greeting Card Publishing
SIC 2793--Photoengraving
SIC 2794--Electrotyping and Stereotyping
SIC 2795--Lithographic Platemaking and Related
Services
SIC 2851--Paints, Varnishes, Lacquers, Enamels, and
Allied Products
SIC 2893--Printing Ink
SIC 3951--Pens, Mechanical Pencils, and Parts and
Stamp Pads (Inked Materials Only)
SIC 3952--Lead Pencils, Crayons, and Artists Materials
SIC 3955--Carbon Paper and Inked Ribbons
12. Soap and Detergent Manufacturing
SIC 2841--Soap and Other Detergents, Except Specialty
Cleaners
13. Auto and Other Laundries
SIC 7211--Power Laundries, Family and Commercial
SIC 7213--Linen Supply
SIC 7214--Diaper Service
SIC 7215--Coin-Operated Laundries and Dry Cleaning
SIC 7216--Dry Cleaning Plants, Except Rug Cleaning
SIC 7217--Carpet and Upholstery Cleaning
SIC 7218--Industrial Launderers
SIC 7219--Laundry and Garment Services, Not Elsewhere
Classified
None--Auto Wash Establishments
14. Plastic and Synthetic Materials Manufacturing
SIC 282--Plastic Materials and Synthetic Resins,
Synthetic and Other Manmade Fibers, Except Glass
15. Pump and Paperboard Mills; and Converted Paper
Products
SIC 2611--Pulp Mills
SIC 2621--Paper Mills, Except Building Paper Mills
SIC 2631--Paperboard Mills
SIC 2641--Paper Coating and Glazing
SIC 2642--Envelopes
SIC 2643--Bags, Except Textile Bags
SIC 2645--Die-Cut Paper and Paperboard and Cardboard
SIC 2646--Pressed and Molded Pump Goods
SIC 2647--Sanitary Paper Products
SIC 2648--Stationery, Tablets and Related Products
SIC 2649--Converted Paper and Paperboard Products, Not
Elsewhere Classified
SIC 2651--Folding Paperboard Boxes
SIC 2652--Set-up Paperboard Boxes
SIC 2653--Corrugated and Solid Fiber Boxes
SIC 2654--Sanitary Food Containers
SIC 2655--Fiber Cans, Tubes, Drums, and Similar
Products
SIC 2661--Building Paper and Building Board Mills
SIC 2782--Blankbooks, Loose Leaf Binders and Dividers
16. Rubber Processing
SIC 2822--Synthetic Rubber (Vulcanizable Customers)
SIC 2891--Rubber Cement
SIC 3011--Tires and Inner Tubes
SIC 3021--Rubber and Plastics Footwear (Rubber Only)
SIC 3031--Reclaimed Rubber
SIC 3041--Rubber and Plastics Hose and Melting (Rubber Only)
SIC 3069--Fabricated Rubber Products, Not Elsewhere
Classified
SIC 3293--Gaskets, Packing and Sealing Devices (Rubber
Packing Only)
17. Miscellaneous Chemicals
SIC 2831--Biological Products
SIC 2833--Medicinal Chemicals and Botanical Products
SIC 2834--Pharmaceutical Preparations
SIC 2861--Gum and Wood Chemicals
SIC 2879--Pesticides and Agricultural Chemicals, Not
Elsewhere Classified
SIC 2891--Adhesive and Sealants
SIC 2893--Explosives
SIC 2895--Carbon Black
SIC 2899--Chemicals and Chemical Preparation, Not
Elsewhere Classified
SIC 3861--Photographic Equipment and Supplies
18. Machinery and Mechanical Products Manufacturing
SIC 3021--Rubber and Plastics Footwear (Balance)
SIC 3041--Rubber and Plastics Hose and Belting
(Balance)
SIC 3079--Miscellaneous Plastics Products
SIC 3293--Gaskets, Packing, and Sealing Devices
(Balance)
SIC 3321--Gray Iron Foundries
SIC 3322--Malleable Iron Foundries
SIC 3324--Steel Investment Foundries
SIC 3325--Steel Foundries, Not Elsewhere Classified
SIC 3351--Rolling, Drawing and Extruding of Copper
SIC 3353--Aluminum Sheet, Plate and Foil
SIC 3354--Aluminum Extruded Products
SIC 3355--Aluminum Rolling and Drawing, Not Elsewhere
Classified
SIC 3356--Rolling, Drawing and Extruding of Nonferrous
Metals, Except Copper and Aluminum
SIC 3357--Drawing and Insulating of Nonferrerous Wire
SIC 3361--Aluminum Foundries (Castings)
SIC 3362--Brass, Bronze, Copper, Copper Base Alloy
Foundries (Castings)
SIC 3369--Nonferrous Foundries (Castings), Not
Elsewhere Classified
SIC 3398--Metal Meat Treating
138
APPENDIX D, Cont.
SUB-CATEGORIES OF PRIMARY INDUSTRIES, Cont.
APPENDIX D, Cont.
18. Machinery and Mechanical Products Manufacturing,
Cont.
SIC 3399--Primary Metal Products, Not Elsewhere
Classified
SIC 3411--Metal Cane
SIC 3412--Metal Shipping Barrels, Drums, Kegs and
Pails
SIC 3421--Cuttery
SIC 3423--Hand and Edge Tools, Except Machine Tools
and Hand Saws
SIC 3425--Hand Saws and Saw Blades
SIC 3429--Hardware, Not Elsewhere Classified
SIC 3431--Enameled Iron and Metal Sanitary Ware
SIC 3432--Plumbing Fixture Fittings and Trim (Brass
Goods)
SIC 3433--Heating Equipment, Except Electric and Warm
Air Furnaces
SIC 3441--Fabricated Structural Metal
SIC 3442--Metal Doors, Bash, Frames, Molding and Trim
SIC 3443--Fabricated Platework (Broiler Shops)
SIC 3444--Sheet Metal Work
SIC 3446--Architectural and Ornamental Metal Work
SIC 3448--Prefabricated Metal Buildings and Components
SIC 3449--Miscellaneous Metal Work
SIC 3451--Screw Machine Products
SIC 3452--Bolts, Nuts, Screws Rivets and Washers
SIC 3462--Iron and Steel Forgings
SIC 3463--Nonferrous Forgings
SIC 3465--Automotive Stampings
SIC 3466--Crowns and Closures
SIC 3469--Metal Stampings, Not Elsewhere Classified
SIC 3482--Small Arms Ammunition
SIC 3483--Ammunition, Except for Small Arms, Not
Elsewhere Classified
SIC 3484--Small Arms
SIC 3489--Ordinance and Accessories, Not Elsewhere
Classified
SIC 3493--Steel Springs, Except Wire
SIC 3494--Valves and Pipe Fittings, Except Plumbers'
Brass Goods
SIC 3495--Wire Springs
SIC 3496--Miscellaneous Fabricated Wire Products
SIC 3497--Metal Poll and Leaf
SIC 3498--Fabricated Pipe and Fabricated Pipe Fittings
SIC
3499—Fabricated
Metal
Products,
Not
Elsewhere
Classified
SIC 3511--Steam, Gas, and Hydraulic Turbines and
Turbine Generator Set Units
SIC 3519--Internal Combustion Engines, Not Elsewhere
Classified
SIC 3523--Farm Machinery and Equipment
SIC 3524--Garden Tractors and Lawn and Garden Equipment
SIC 3531--Construction Machinery and Equipment
SIC 3532--Mining Machinery and Equipment, Except Oil
Field Machinery and Equipment
SIC 3533--Oil Field Machinery and Equipment
SIC 3534--Elevators and Moving Stairways
SIC 3535--Conveyors and Conveying Equipment
SIC 3536--Hoists, Industrial Cranes, and Monorail Systems
SIC 3537--Industrial Trucks, Tractors, Trailers and Stackers
SIC 3541--Machine Tools, Metal Cutting Types
SIC 3542--Machine Tools, Metal Forming Types
SIC 3544--Special Dies and Tools, Die Sets, Jigs and Fixtures
and Industrial Molds
SIC 3545--Machine Tool Accessories and Measuring Devices
SIC 3546--Power Driven Hand Tools
SIC 3549--Metalworking Machinery, Not Elsewhere Classified
SIC 3551--Food Products Machinery
SIC 3552--Textile Machinery
SIC 3553--Woodworking Machinery
SIC 3554--Paper Industries Machinery
SIC 3555--Printing Trades Machinery and Equipment
SIC 3559--Special Industry
Machinery,
Not
Elsewhere
Classified
SIC 3561--Pumps and Pumping Equipment
SIC 3562--Ball and Roller Bearings
SIC 3563--Air and Gas Compressors
SIC 3564--Blowers and Exhaust and Ventilation Pans
SIC 3565--Industrial Pattern
SIC 3566--Speed Changers, Industrial High Speed Drives, and
Gears
SIC 3567--Industrial Process Furnaces and Ovens
SIC 3568--Mechanical Power Transmission Equipment, Not
Elsewhere Classified
SIC 3569--General Industrial Machinery and Equipment, Not
Elsewhere Classified
SIC 3572--Typewriters
SIC 3573--Electronic Computing Equipment
SIC 3574--Calculating and Accounting Machines, Except
Electronic Computing Equipment
SIC 3576--Scales and Balances, Except Laboratory
SIC 3579--Office Machines, Not Elsewhere Classified
SIC 3581--Automatic Merchandising Machines
SIC 3582--Commercial Laundry, Dry Cleaning, and Pressing
Machines
SIC 3585--Air Conditioning and Warm Air Heating Equipment
and Commercial and Industrial Refrigeration Equipment
SIC 3586--Measuring and Dispensing Pumps
SIC 3589--Service Industry Machines, Not Elsewhere Classified
SIC 3592--Carburetors, Piston, Piston Rings, and Valves
SIC 3599--Machinery, Except Electrical, Not Elsewhere
Classified
SIC--3612--Power, Distribution, and Specialty Transformers
SIC 3613--Switchgear and Switchboard Apparatus
SIC 3621--Motors and Generators
SIC 3622--Industrial Controls
SIC 3623--Welding Apparatus, Electric
SIC 3624--Carbon and Graphic Products
SIC 3629--Electrical Industrial Apparatus, Not Elsewhere
Classified
SIC 3631--Household Cooking Equipment
SIC 3632--Household Refrigerators and Home and Farm
Freezers
SIC 3633--Household Laundry Equipment
SIC 3634--Electric Housewares and Fans
SIC 3635--Household Vacuum Cleaners
SIC 3639--Household Appliances, Not Elsewhere Classified
SIC 3641--Electric Lamps
SIC 3643--Current-Carrying Wiring Devices
SIC 3644--Noncurrent/Carrying Wiring Devices
SIC 3645--Residential Electric Lighting Fixtures
SIC 3645--Commercial, Industrial, and Institutional
Electric Lighting Fixtures
139
APPENDIX D, Cont.
SUB-CATEGORIES OF PRIMARY INDUSTRIES, Cont.
SIC 3647--Vehicular Lighting Equipment
SIC 3648--Lighting Equipment, Not Elsewhere Classified
SIC 3651--Radio and Television Receiving Sets, Except
Communication Types
SIC 3652--Phonograph Records and Pre-Recorded Magnetic
Tape
SIC 3661--Telephones and Telegraph Apparatus
SIC 3662--Radio and Television Transmitting, Signaling, and
Detection Equipment and Apparatus
SIC 3671--Radio and Television Receiving Type Electron
Tubes, Except Cathode Ray
SIC 3672--Cathode Ray Television Picture Tubes
SIC 3673--Transmitting, Industrial, and Special Purpose
Electron Tubes
SIC 3674--Semiconductors and Related Devices
SIC 3675--Electronic Capacitors
SIC 3676--Resistors, for Electronic Applications
SIC 3677--Electronic Coils, Transformers and Other
Inductors
SIC 3678--Connectors, for Electronic Applications
SIC 3679--Electronic Components, Not Elsewhere Classi-
fied
SIC 3691--Storage Batteries
SIC 3692--Primary Batteries, Dry and Wet
SIC-3693--Radiographic X-ray Fluoroscopic X-ray, Thera-
peutic X-ray, and Other X-ray Apparatus and Tubes;
Electromedical and Electrotherapeutic Apparatus
SIC 3694--Electrical Equipment for Internal Combustion
Engines
SIC 3699--Electrical Machinery, Equipment, and Sup-
plies, Not Elsewhere Classified
SIC 3711--Motor Vehicles and Passenger Car Bodies
SIC 3713--Truck and Bus Bodies
SIC 3714--Motor Vehicle Parts and Accessories
SIC 3715--Truck Trailers
SIC 3721--Aircraft
SIC 3724--Aircraft Engines and Engine Parts
SIC 3728--Aircraft Parts and Auxiliary Equipment, Not
Elsewhere Classified
SIC 3731--Ship Building and Repairing
SIC 3722--Boat Building and Repairing
SIC 3743--Railroad Equipment
SIC 3751--Motorcycles, Bicycles, and Parts
SIC 3761--Guided Missiles and Space Vehicles
SIC 3764--Guided Missile and Space Vehicle Propulsion Units
and Propulsion Unit Parts
SIC 3769--Guided Missile and Space Vehicle Parts and
Auxiliary Equipment, Not Elsewhere Classified
SIC 3792--Travel Trailers and Campers
SIC 3795--Tanks and Tank Components
SIC 3799--Transportation Equipment, Not Elsewhere Classified
SIC 3811--Engineering, Laboratory, Scientific, and Research
Instruments and Associated Equipment
SIC 3822--Automatic Controls for Regulating Residential and
Commercial Environments and Appliances
SIC 3823--Industrial Instruments for Measurement, Display and
Control of Process Variables; and Related Products
SIC 3824--Totalizing Fluid Meters and Counting Devices
SIC 3825--Instruments for Measuring and Testing of Electricity
and Electrical Signals
SIC 3829--Measuring and Controlling Devices, Not Else where
Classified
SIC 3832--Optical Instruments and Lenses
SIC 3841--Surgical and Medical Instruments and Apparatus
SIC 3842--Orthopedic, Prosthetic, and Surgical Appliances and
Supplies
SIC 3843--Dental Equipment and Supplies
SIC 3851--Ophthalmic Goods
SIC 3873--Watches, Clocks, Clockwork Operated Devices and
Parts
SIC 3911--Jewelry, Precious Metal
SIC 3914--Silverware, Plated Ware, and Stainless Steel Ware
SIC 3915--Jewelers' Findings and Materials, and Lapidary Work
SIC 3931--Musical Instruments
SIC 3942--Dolls
SIC 3944--Games, Toys, and Children's Vehicles; Except Dolls
and Bicycles
SIC 3949--Sporting and Athletic Goods, Not Elsewhere
Classified
SIC 3951--Pens, Mechanical Pencils, and Parts
(Balance)
SIC 3961--Costume Jewelry and Costume Novelties, Except
Precious Metal
SIC 3991--Brooms and Brushes
SIC 3993--Signs and Advertising Displays
SIC 3995--Burial Caskets
140
APPENDIX D, Cont.
SUB-CATEGORIES OF PRIMARY INDUSTRIES, Cont.
19. Electroplating
SIC 347--Coating, Engraving and Allied Services
20. Ore Mining and Dressing
SIC 1011--Iron Ores
SIC 1021--Copper Ores
SIC 1031--Lead and Zinc Ores
SIC 1041--Gold Ores
SIC 1044--Silver Ores
SIC 1051--Bauxite and Other Aluminum Ores
SIC 1061--Ferroalloy Ores, Except Vanadium
SIC 1092--Mercury Ores
SIC 1094--Uranium-Radium-Vanadium Ores
SIC 1099--Metal Ores, Not Elsewhere Classified
21. Coal Mining
SIC 1111--Anthracite
SIC 1112--Anthracite Mining Services
SIC 1211--Bituminous Coal and Lignite
SIC 1213--Bituminous Coal and Lignite Mining Services
141
APPENDIX E
EPA WATER QUALITY CRITERIA FOR THE 64 PRIORITY POLLUTANTS
(Units are in Micro Grams Per Liter)
COMPOUND
AQUATIC LIFE CRITERIA1/
HUMAN HEALTH
CRITERIA2/
ANALYTIC
IDENTIFICATION3/
DETECTION
LIMIT4/
FRESHWATER
SALTWATER
Acenaphthene
20 0/ -
B.N.E.O.
3
Acrolein
320 T/780 T
V.O.
2
Acrylonitrile
0.58 C/6.5 C
V.O.
100
Aldrin/Dieldrin
Aldrin
Dieldrin
3 Max.
0.0019 24-Hr.
2.5 Max.
1.3 Max.
0.0019 24-Hr.
0.71 Max.
0.00074 C/0.00079 C
0.00071 C/0.00076 C
P.
0.003
0.006
Antimony
(9,000)
(1,600)
--
146 T/45,000 T
M.
3
Arsenic
(440)
(40)
(508)
(--)
0.022 C/.175 C
M.
53
Asbestos
300,000 Fibers1/ C/--
O.
100,000 Fibers1/
Benzene
6.6 C/400 C
V.O.
0.2
Benzidine
0.0012 C/O.0053 C
B.N.E.O.
0.05
Beryllium
(130)
(5.3)
--
0.068 C/1.17 C
M.
0.3
Cadmium
0.012 24-Hr.
1.5 Max
4.5 24-Hr.
59 Max.
*10 T -
M.
4
Carbon Tetrachloride
4.0 C/69.4 C
V.O.
0.007
Chlordane
0.0043 24-Hr.
2.4 Max.
0.004 24-Hr.
0.09 Max.
0.0046 C/0.0048 C
P.
0.04
Chlorinated Benzenes
Monochlorobenzene
1,2,4,5-Tetrachlorobenene
Pentachlorobenzene
Hexachlorobenzene
488 T (20 0)/ -
38 T/48 T
74 T/85 T
0.0072 C/0.0074 C
V.O.
0.03
0.001
Chlorinated Ethanes
1,2-Dichloroethane
1,1,1-Trichloroethane
1,1,2-Trichloroethane
1,1,2,2-Tetrachloroethane
Hexachloroethane
9.4 C/2,430 C
18,400 T/1,030,000 T
6.0 C/418 C
1.7 C/107 C
19 C/87.4 C
V.O.
0.006
0.005
0.006
0.006
0.001
Chloroalkyl Ethers
bis(2-chloroisopropyl) ether
bis(chloromethyl) ether
bis(2-chloroethyl) ether
34.7 T
0.000038 C
0.3 C
B.N.E.O.
0.9
0.4
0.5
142
APPENDIX E, Cont.
EPA WATER QUALITY CRITERIA FOR THE 64 PRIORITY POLLUTANTS
Page 2 of 4
COMPOUND
AQUATIC LIFE CRITERIA1/
HUMAN HEALTH
CRITERIA2/
ANALYTIC
IDENTIFICATION3/
DETECTION
LIMIT4/
FRESHWATER
SALTWATER
Chlorinated Naphthalenes
B.N.E.O.
0.015
Chlorinated Phenols
3-monochlorophenol
4-monochlorophenol
2,3-dichlorophenol
2,5-dichlorophenol
2,6-dichlorophenol
3,4-dichlorophenol
2,4,5-trichlorophenol
2,4,6-trichlorophenol
2,3,4,6-tetrachlorophenol
2-methyl-4-chlorophenol
3-methyl-4-chlorophenol
3-methyl-6-chlorophenol
0.1 0/ -
0.1 0/ -
0.04 0/ -
0.5 0/ -
0.2 0/ -
0.3 0/ -
2,600 T (1 0)/ -
12 C (2 0)/36 C
1 0/ -
1,800 0/ -
3,000 0/ -
20 0/ -
5
8.3
Chloroform
1.90 C/157 C
V.O.
0.006
2-Chlorophenol
0.1 0/ -
A.E.O.
2
Chromium
Chromium VI
Chromium III
0.29 24-Hr.
21 Max.
2,200 Max.
18 24-Hr.
1,260 Max.
*50 T/ -
170,000 T/3,433,000 T
M.
7
7
Copper
5.6 24-Hr.
12 Max.
4.0 24-Hr.
23 Max.
1,000 0/ -
M.
6
Cyanide
3.5 24-Hr.
52 Max.
200 T/ -
O.
5
DDT
0.001 24-Hr.
1.1 Max.
0.001 24-Hr.
0.13 Max.
0.00024 C/0.00024 C
P.
0.016
Dichlorobenzenes
400 T/2,600 T
B.N.E.O.
0.009
Dichlorobenzidines
0.103 C/.204 C
B.N.E.O.
0.1
Dichloroethylenes
1,1-Dichloroethylene
0.33 C/18.5 C
V.O.
0.006
2,4-Dichlorophenol
3,090 T (0.3 0)/ -
A.E.O.
2.1
Dichloropropanes/propenes
Dichloropropene
87 T/1,410 T
V.O.
0.006
2,4-Dimethylphenol
400 0/ -
A.E.O.
1.7
Dinitrotoluene
2,4-Dinitrotoluene
1.1 C/91 C
B.N.E.O.
0.06
143
APPENDIX E, Cont.
EPA WATER QUALITY CRITERIA FOR THE 64 PRIORITY POLLUTANTS
Page 3 of 4
COMPOUND
AQUATIC LIFE CRITERIA1/
HUMAN HEALTH
CRITERIA2/
ANALYTIC
IDENTIFICATION3/
DETECTION
LIMIT4/
FRESHWATER
SALTWATER
Diphenylhydrazine
1,2-Diphenylhydrazine
0.422 C/5.6 C
B.N.E.O.
10
Endosulfan
0.056 24-Hr. - 0.22 Max.
0.0087 24-Hr. - 0.034 Max.
74 T/159 T
P.
0.005
Endrin
0.0023 24-Hr. - 0.18 Max.
0.0023 24-Hr. - 0.037 Max.
1 T/ -
P.
0.009
Ethylbenzene
1,400 T/3,280 T
V.O.
10
Fluoranthene
42 T/54 T
B.N.E.O.
0.05
Haloethers
- / -
B.N.E.O.
0.06
Halomethanes
1.9 C/157 C
V.O.
0.01
Heptachlor
0.0038 24-Hr. - 0.52 Max.
0.0036 24-Hr. - 0.053 Max
0.00278 C/0.00285 C
P.
0.002
Hexachlorobutadiene
4.47 C/500 C
B.N.E.O.
0.001
Hexachlorocyclohexane
alpha-BHC
beta-BHC
gamma-BHC (lindane)
tech-BHC
0.080 24-Hr. - 2.0 Max.
0.16 Max
0.092 C/0.310 C
0.163 C/0.547 C
0.186 T/.625 T
0.123 C/0.414 C
P.
0.002
0.004
0.002
0.004
Hexachlorocyclopentadiene
206 T (1 0)/ -
B.N.E.O.
0.001
Isophorone
520,000 T
B.N.E.O.
5
Lead
.75 24-Hr. - 74 Max.
(668)
(25)
*50 T/ -
M.
42
Mercury
0.20 24-Hr. - 4.1 Max.
0.10 24-Hr. - 3.7 Max.
0.144 T/.146 T
M.
0.4
Napthalene
- / -
B.N.E.O.
2.5
Nickel
56 24-Hr. - 1,100 Max.
7.1 24-Hr. - 140 Max.
13.4 T/100 T
M.
15
Nitrobenzene
19,800 T (30 0)/ -
B.N.E.O.
5
Nitrophenols
2,4-dinitro-o-cresol
dinitrophenol
13.4 T/765 T
70 T/14,300 T
A.E.O.
7
Nitrosamines
N-nitrosodimethylamine
N-nitrosodiethylamine
N-nitrosodi-n-butylamine
N-nitrosopyrrolidine
N-nitrosodiphenylamine
0.014 C/160 C
0.008 C/12.4 C
0.064 C/5.868 C
0.160 C/919 C
49 C/161 C
B.N.E.O.
0.3
144
APPENDIX E, Cont.
EPA WATER QUALITY CRITERIA FOR THE 64 PRIORITY POLLUTANTS
Page 4 of 4
COMPOUND
AQUATIC LIFE CRITERIA1/
HUMAN HEALTH
CRITERIA2/
ANALYTIC
IDENTIFICATION3/
DETECTION
LIMIT4/
FRESHWATER
SALTWATER
Pentachlorophenol
1,010 T (30 0)/ -
A.E.O.
10
Phenol
3,500 T (300 0)/ -
A.E.O.
1.4
Phthalate esters
dimethyl-phthalate
diethyl-phthalate
dibutyl-phthalate
di-2-ethylhexyl-phthalate
313,000 T/2,900,000 T
350,000 T/1,800,000 T
34,000 T/154,000 T
15,000 T/50,000 T
B.N.E.O.
0.11
0.13
0.02
0.04
Polychlorinated biphenyls (PCB's)
0.014 24-Hr.
0.030 24-Hr.
0.00079 C/0.00079 C
P.
0.04
Polynuclear Aromatic Hydrocarbons(PAH's)
0.028 C/0.311 C
B.N.E.O.
0.04
Selenium Selenite
35 24-Hr.
260 Max.
54 24-Hr.
410 Max.
*10 T/ -
M.
75
Silver
1.2 Max.
2.3 Max.
*50 T/ -
M.
7
Tetrachloroethylene
8 C/88.5 C
V.O.
0.007
Thallium
(1,400)
(40)
(2,130)
(--)
13 T/48 T
M.
1
Toluene
14,300 T/424,000 T
V.O.
10
Toxaphene
0.013 24-Hr.
1.6 Max.
0.070 Max.
0.0071 C/0.0073 C
P.
0.4
Trichloroethylene
27 C/807 C
V.O.
0.005
Vinyl Chloride
20 C/5,246 C
V.O.
0.01
Zinc
47 24-Hr.
180 Max.
52 24-Hr.
170 Max.
5,000 0/ -
M.
2
NOTES:
1/
Criteria as published at 45 FR 79318 and 46 FR 40919. Criteria for hardness-related metals assumes 50 mg/l CaCO3 most stringent criteria. Data in ( ) is best available for acute and chronic toxicity.
2/
Criteria as published at 45 FR 79318 and 46 FR 40919. Basis for criteria designated as follows:
O = Organoleptic effect
T = Toxicity
C = Carcinogenicity at the 10-5 risk level for lifetime exposure level
First Value: Ingestion of contaminated water and contaminated aquatic organism.
Second Value: Ingestion of contaminated aquatic organism alone.
3/
VOC = Volatile Organic Compounds
B.N.E.O. = Base-Neutral Extractable Organic Compounds
A.E.O. = Acid Extractable Organic Compounds
P. = Pesticides and PCB's
M. = Metals
O. = Other
4/
Detection Limits as published at 44 FR 64464.
*Ambient water quality criterion recommended to be identical to existing drinking water standards.
145
APPENDIX F
NOMOGRAPHS FOR CALCULATING FROUDE NUMBERS AND DILUTION FACTOR
146
APPENDIX G
INCORPORATED PLACES IN RHODE ISLAND WITH POPULATIONS GREATER THAN
100,000 ACCORDING TO 1990 DECENNIAL CENSUS BY BUREAU OF CENSUS (40 CFR
122 APPENDIX G)
State
Incorporated Place
Rhode Island
Providence
147
APPENDIX H
INCORPORATED PLACES IN RHODE ISLAND LOCATED FULLY OR PARTIALLY WITHIN AN
URBANIZED AREA
(This is a reference list only, not a list of all operators of small MS4s subject to Rule 31(a)(5). For
example, a listed governmental entity is only regulated if it operates a small MS4 within an “urbanized
area” boundary as determined by the Bureau of the Census. Furthermore, entities such as military
bases, large hospitals, prison complexes, universities, sewer districts, and highway departments that
operate a small MS4 within an urbanized area are also subject to the permitting regulations but are not
individually listed here. See Rule 31(b)(17) for the definition of a small MS4 and 31(a)(5)(i) for the
definition of a regulated small MS4).
(Source: 1990 Census of Population and Housing, U.S. Bureau of the Census. This list is subject to
change with the Decennial Census).
City or Town
Population Within Urbanized Area
Barrington Town
15,849
Bristol Town
21,625
Burrillville Town
334
Central Falls City
17,647
Coventry Town
24,578
Cranston City
76,060
Cumberland Town
24,404
East Greenwich Town
7,838
East Providence City
50,380
Glocester Town
802
Jamestown Town
3,617
Johnston Town
23,199
Lincoln Town
14,522
Middletown Town
17,780
Newport City
28,227
North Kingstown Town
16,550
North Providence Town
32,090
North Smithfield Town
6,770
Pawtucket City
72,644
Portsmouth Town
3,907
Providence City
160,728
Scituate Town
1,759
Smithfield Town
16,138
Tiverton Town
8,615
Warren Town
9,829
Warwick City
85,427
West Greenwich Town
895
West Warwick Town
29,268
Woonsocket City
43,877
148
APPENDIX I
CENSUS DESIGNATED PLACES OUTSIDE OF URBANIZED AREAS
IN RHODE ISLAND
(This is a reference list only, not a list of all operators of small MS4s subject to Rule 31(a)(5). See Rule
31(b)(17) for the definition of a small MS4 and 31(a)(5)(i) for the definition of a regulated small MS4).
(Source: 2000 U.S. Census Data)
Census Designated Place (CDP)
Population Within CDP
Ashaway CDP
1,624
Bradford CDP
1,469
Harrisville CDP
1,670
Hope Valley
1,445
Kingston
6,504
Narragansett Pier CDP
3,658
Wakefield-Peacedale CDP
7,134
Westerly CDP
16,612
149
APPENDIX J
MAP OF URBANIZED AREAS (UAs), DENSELY POPULATED AREAS (DPAs), AND
DIVIDED HIGHWAYS OUTSIDE OF UAs AND DPAs