250-RICR-150-10-1
A. For the purposes of these rules, the following words and phrases shall have the following meanings:
16. "Census designated places” or “CDPs” means those places 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:
28. "Densely Populated Area" or "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:
39. "Effluent data" means, with reference to any source of discharge of any pollutant:
c. 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).
(1) 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:
51. "Interference" means 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
53. "Large municipal separate storm sewer system" means all municipal separate storm sewers that are either:
c. Owned or operated by a municipality other than those described in §§ 1.4(A)(54)(c)((1)) and ((2)) of this Part 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 §§ 1.4(A)(54)(c)((1)) and ((2)) of this Part. In making this determination the Director may consider the following factors:
59. "Medium municipal separate storm sewer system" means all municipal separate storm sewers that are either:
c. Owned or operated by a municipality other than those described in §§ 1.4(A)(60)((1)) and ((2)) of this Part 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 in §§ 1.4(A)(60)((1)) and ((2)) of this Part. In making this determination the Director may consider the following factors:
64. "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):
68. "New discharger" means any building, structure, facility, or installation:
69. "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:
83. "Privately owned treatment works" means any device or system which is:
97. "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:
105. "Small municipal separate storm sewer system” or “Small MS4” means all separate storm sewers that are:
111. "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 C.F.R. § 122, incorporated above at § 1.3(B) of this Part. 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 C.F.R. § 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 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 §§ 1.4(A)(111)(a) through (k) of this Part) include those facilities designated under the provisions of § 1.4(A)(112) of this Part. The following categories of facilities are considered to be engaging in "industrial activity" for purposes of this subsection:
112. "Storm water discharge associated with small construction activity" means the discharge of storm water from:
125. "Water priority chemical" means a chemical or chemical categories which are:
c. Meet at least one of the following criteria:
A. A RIPDES permit shall not be issued:
7. For any discharge to the territorial sea, the waters of the contiguous zone, or the oceans in the following circumstances:
B. 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, 33 U.S.C. § 1311(b)(1)(A) and 1311(b)(1)(B) (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:
B. Duty to comply
J. 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:
K. Monitoring and Records
1. All permits shall specify:
2. The permittee shall monitor:
M. Records of monitoring information shall include:
Q. Reporting requirements
R. Reporting
2. The following shall be included as information which must be reported immediately
T. Bypass
2. Notice
3. Prohibition of bypass
a. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless:
U. Upset
2. 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:
A. In addition to conditions required in all permits, the Department shall establish conditions, as required on a case-by-case basis, to provide for and ensure compliance with all applicable requirements of CWA and regulations.
A. Each permit shall include conditions meeting the following requirements when applicable:
2. Monitoring waivers for certain guideline-listed pollutants.
4. Reopener clause: for any discharge within a primary industry category (see § 1.69 of this Part), requirements under 33 U.S.C. § 1317(a)(2) (Section 307(a)(2) of the Clean Water Act) as follows:
5. Water quality standards and State requirements: any requirements in addition to or more stringent than promulgated effluent limitations guidelines or standards under 33 U.S.C. §§ 1311, 1314, 1316, 1317, 1328, and 1345 (Sections 301, 304, 306, 307, 318, and 405 of the Clean Water Act) necessary to:
g. Where the State has not established a water quality criterion for a specific chemical pollutant that is present in an effluent at a concentration that causes, has the reasonable potential to cause, or contributes to an excursion above a narrative criterion within an applicable State water quality standard, the permitting authority must establish effluent limits using one or more of the following options:
(3) Establish effluent limitations on an indicator parameter for the pollutant of concern, provided:
h. When developing water quality-based effluent limits under this paragraph the permitting authority shall ensure that:
6. Toxic pollutants: limitations established under §§ 1.16(A)(1), 1.16(A)(3) and 1.16(A)(5) of this Part to control pollutants meeting the criteria listed in § 1.16(A)(6)(a) of this Part, shall be established in accordance with § 1.16(A)(6)(b) of this Part. An explanation of the development of these limitations shall be included in the fact sheet under § 1.40 of this Part.
a. Limitations must control all toxic pollutants which:
b. The requirement that the limitations control the pollutants meeting the criteria of § 1.16(A)(6)(a) of this Part will be satisfied by:
8. Best Management Practices: Adopt best management practices to control or abate the discharge of pollutants when:
10. Qualifying State, or local programs. A qualifying local program is a local or State storm water management program that the Department determines, at a minimum, the relevant requirements in § 1.32(E)(3)(b) of this Part 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.
a. For storm water discharges associated with small construction activity identified in § 1.4 of this Part, the Department 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:
B. 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:
1. 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".
2. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following “notification levels”:
B. Publicly Owned Treatment Works (POTWs)
1. All POTWs must provide adequate notice to the Department of the following:
D. Pretreatment Requirements for POTWs
F. Reissued Permits
2. When effluent limitations were imposed under 33 U.S.C. § 1342(a)(1) (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:
J. Municipal Separate Storm Sewer Systems
1. The operator of a large or medium municipal separate storm sewer system or a municipal separate storm sewer that has been designated by the Department under § 1.32 of this Part must submit an annual report by the anniversary of the date of the issuance of the permit for such system. The report shall include:
2. 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.
b. Unless the operator is relying on another entity to satisfy the RIPDES permit obligation in accordance to § 1.32(A)(5)(b)((4)) of this Part, 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:
K. Concentrated animal feeding operations (CAFOs). Any permit issued to a CAFO must include the following requirements:
1. Requirement to implement a nutrient management plan. Any permit issued to a CAFO must include a requirement to implement a nutrient management plan that, at a minimum, contains best management practices necessary to meet the requirements of this subsection and applicable effluent limitations and standards, including those specified in 40 C.F.R. § 412, incorporated above at § 1.3(B) of this Part. The nutrient management plan must, to the extent applicable:
2. Recordkeeping requirements. The permittee must create, maintain for five years, and make available to the Department, upon request, the following records:
b. In addition, all CAFOs subject to 40 C.F.R. § 412, incorporated above at § 1.3(B) of this Part, must comply with record keeping requirements as specified in § 412.37(b) and (c) and § 412.47(b) and (c).
4. Annual reporting requirements for CAFOs. The permittee must submit an annual report to the Department. As of December 21, 2020 all annual reports submitted in compliance with this section must be submitted electronically by the permittee to the Department or initial recipient, as defined in 40 C.F.R. § 127.2(b), in compliance with this section and 40 C.F.R. § 3 (including, in all cases, subpart D to part 3), § 122.22, and 40 C.F.R. § 127 (incorporated above at § 1.3(B) of this Part. Section 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of Section 127, the permittee may be required to report electronically if specified by a particular permit or if required to do so by state law. The annual report must include:
5. Terms of the nutrient management plan. Any permit issued to a CAFO must require compliance with the terms of the CAFO's site-specific nutrient management plan. The terms of the nutrient management plan are the information, protocols, best management practices, and other conditions in the nutrient management plan determined by the Department to be necessary to meet the requirements of this section. The terms of the nutrient management plan, with respect to protocols for land application of manure, litter, or process wastewater required by § 1.17(K)(1) of this Part and, as applicable, 40 C.F.R. § 412.4(c) , incorporated above at § 1.3(B) of this Part, must include the fields available for land application; field-specific rates of application properly developed to ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater; and any timing limitations identified in the nutrient management plan concerning land application on the fields available for land application. The terms must address rates of application using one of the following two approaches, unless the Department specifies that only one of these approaches may be used:
a. Linear approach. An approach that expresses rates of application as pounds of nitrogen and phosphorus, according to the following specifications:
b. Narrative rate approach. An approach that expresses rates of application as a narrative rate of application that results in the amount, in tons or gallons, of manure, litter, and process wastewater to be land applied, according to the following specifications:
(4) CAFOs that use this approach must calculate maximum amounts of manure, litter, and process wastewater to be land applied at least once each year using the methodology required in this section before land applying manure, litter, and process wastewater and must rely on the following data:
6. Changes to a nutrient management plan. Any permit issued to a CAFO must require the following procedures to apply when a CAFO owner or operator makes changes to the CAFO's nutrient management plan previously submitted to the Department:
b. The Department must review the revised nutrient management plan to ensure that it meets the requirements of this section and applicable effluent limitations and standards, including those specified in 40 C.F.R. § 412 , incorporated above at § 1.3(B) of this Part, and must determine whether the changes to the nutrient management plan necessitate revision to the terms of the nutrient management plan incorporated into the permit issued to the CAFO. If revision to the terms of the nutrient management plan is not necessary, the Department must notify the CAFO owner or operator and upon such notification the CAFO may implement the revised nutrient management plan. If revision to the terms of the nutrient management plan is necessary, the Director must determine whether such changes are substantial changes as described in this section.
c. Substantial changes to the terms of a nutrient management plan incorporated as terms and conditions of a permit include, but are not limited to:
B. Production-Based Limitations
C. For the automotive manufacturing industry only, the Department may establish a condition under § 1.18(B)(3) of this Part if the applicant satisfactorily demonstrates to the Department at the time the application is submitted that its actual production, as indicated in § 1.18(B)(2) of this Part, is substantially below maximum production capability and that there is a reasonable potential for an increase above actual production during the duration of the permit.
1. If the Department establishes permit conditions under § 1.18(B)(3) of this Part:
D. 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:
E. 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:
F. Non-continuous discharges. Discharges which are not continuous shall be particularly described and limited, considering the following factors, as appropriate:
G. Non-continuous discharges. Discharges which are not continuous shall be particularly described and limited, considering the following factors, as appropriate:
H. Mass Limitations
1. All pollutants limited in permits shall have limitations, standards, or prohibitions expressed in terms of mass except:
I. Pollutants in Intake Water
1. Upon request of the discharger, technology-based effluent limitations or standards shall be adjusted to reflect credit for pollutants in the discharger's intake water if:
J. Net Limitations
1. 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:
2. The permit conditions requiring:
K. Internal Waste Streams
N. The limitation assigned to the toxic substances shall be established such that the effluent standard for toxic discharges, as set forth in 40 C.F.R. § 125.3, incorporated above at § 1.3(B) of this Part, is not exceeded.
1. In-stream concentrations of discharged pollutants shall be determined by the following formulas, or other methods which may be found to be acceptable.
a. For effluent discharges into surface waters of the State with essentially one dimensional flow (stream discharge):
| 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 |
| 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:
| 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 § 1.70 of this Part, Figure 1. |
| Secondary dispersion of the effluent will be determined using § 1.70 of this Part, Figure 2 where: |
| D2 = dilution due to dispersion after initial dilution |
| V = current velocity (ft./sec.) |
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:
2. In all cases other than those described in § 1.19(A)(1) of this Part, 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 C.F.R. § 125 Subpart D, incorporated above at § 1.3(B) of this Part, 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.
a. This method may be algebraically expressed as:
| 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. § 1.19(A) of this Part shall not apply to the extent that promulgated effluent limitations guidelines:
B. Time for compliance. Any schedules of compliance under this section shall require compliance as soon as possible.
C. Interim dates. Except as provided in § 1.21(B)(2) of this Part, 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.
2. 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:
D. Alternative schedules of compliance. A RIPDES permit application or permittee may cease conducting activities regulated by this Part rather than continue to operate and meet permit requirements as follows:
1. If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:
3. 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:
B. Automatic transfers. As an alternative to transfers under § 1.23(A) of this Part, 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:
a. 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":
B. The following are causes for modification, but not revocation and reissuance of permits except when the permittee requests or agrees:
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:
5. The Department may also modify a permit:
m. For a small MS4, to include an effluent limitation requiring implementation of a minimum control measure or measures as specified in § 1.32(E)(1)(b) of this Part when:
C. Cause for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit:
A. The following are causes for terminating a permit during its term, or for denying a permit renewal application:
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:
2. No animal feeding operation with less than the numbers of animals set forth in § 1.67 of this Part shall be designated as a concentrated animal feeding operation unless:
D. Land application discharges from a CAFO are subject to RIPDES requirements. The discharge of manure, litter or process wastewater to waters of the State from a CAFO as a result of the application of that manure, litter or process wastewater by the CAFO to land areas under its control is a discharge from that CAFO subject to RIPDES permit requirements, except where it is an agricultural storm water discharge as provided in 33 U.S.C. § 1362(14). For purposes of this paragraph, where the manure, litter or process wastewater has been applied in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter or process wastewater, as specified in § 1.17(K) of this Part, a precipitation-related discharge of manure, litter or process wastewater from land areas under the control of a CAFO is an agricultural storm water discharge.
A. Permit Requirement
1. The following discharges composed entirely of storm water shall be required to obtain a RIPDES permit:
g. A discharge which the Department, or in States with approved NPDES programs, either the Department 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 United States. 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 § 1.32(A)(2) of this Part or agricultural storm water runoff which is exempted from the definition of point source at § 1.4(A)(78) of this Part. The Department may designate discharges from municipal separate storm sewers on a system-wide basis. In making this determination the Department may consider the following factors:
4. Large and medium municipal separate storm sewer systems.
c. 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:
(3) A regional authority may be responsible for submitting a permit application under the following guidelines:
5. Small municipal storm sewer systems
a. The following discharges from small municipal separate storm sewer systems must obtain permits:
b. The operator of a small MS4 may rely on another entity to satisfy the permit obligations to implement a minimum control measure as follows:
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 Department, 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.
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 Department is evaluating for designation (see 40 C.F.R. § 124.52(c)) incorporated above at 1.3(B) of this Part, under §§ 1.32(A)(1)(g) and 1.32(A)(1)(h) of this Part and is not a municipal separate storm sewer, and which is not part of a group application described under § 1.32(C)(3) of this Part shall submit a RIPDES application in accordance with the requirements of § 1.11 of this Part 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 § 1.4 of this Part) composed of storm water and non-storm water shall submit Form 1, Form 2D, and Form 2F.
a. Discharges of storm water associated with industrial activity, excluding construction activity and small construction activity. Except as provided in §§ 1.32(C)(1)(b) through (d) of this Part, the operator of a storm water discharge associated with industrial activity subject to this section shall provide:
(5) Quantitative data based on samples collected during storm events and collected in accordance with § 1.11(B)(1)(n) of this Part from all outfalls containing a storm water discharge associated with industrial activity for the following parameters:
b. 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 § 1.4(A)(111)(j) of this Part (construction sites with five or more acres of land disturbance), associated with small construction activity solely under § 1.4(A)(112) of this Part, or any discharge of storm water associated with construction activity, which the Department is evaluating for designation under §§ 1.32(A)(1)(g) and 1.32(A)(1)(h) of this Part, is exempt from the requirements of §§ 1.11 and 1.32(C)(1)(a) of this Part Such operator shall provide a narrative description of:
c. 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 § 1.32(C)(1)(a) of this Part, unless the facility:
2. General permit application
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 Department under §§ 1.32(A)(1)(g) and 1.32(A)(1)(h) of this Part 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 §§ 1.32(A)(1)(g) and 1.32(A)(1)(h) of this Part and required to apply under this section shall include:
1. Part 1 of the application shall consist of:
c. Source Identification
(2) 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:
d. Discharge Characterization
(3) 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:
(4) 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 provided along with a description of the flow rate. Where the field analysis does not involve analytical methods approved under 40 C.F.R. § 136, incorporated above at § 1.3(B) of this Part, 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:
e. Management Programs
2. Part 2 of the application shall consist of:
a. 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:
c. Characterization Data. When "quantitative data" for a pollutant are required under § 1.32(D)(2)(c)((1))((CC)) of this Part, the applicant must collect a sample of effluent in accordance with § 1.11(B)(1)(n) of this Part (40 C.F.R. § 122.21(g)(7), incorporated above at § 1.3(B) of this Part) and analyze it for the pollutant in accordance with analytical methods approved under 40 C.F.R. § 136, incorporated above at § 1.3(B) of this Part. 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:
(1) Quantitative data from representative outfalls designated by the Department (based on information received in Part 1 of the application, the Department 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 Department shall designate all outfalls) developed as follows:
(CC) For samples collected and described under §§ 1.32(D)(2)(c)((1))((AA)) and ((BB)) of this Part, quantitative data shall be provided for: the organic pollutants listed in § 1.63 of this Part; the pollutants listed in § 1.63 of this Part (toxic metals, cyanide, and total phenols) of RIPDES Regulations (Appendix D of 40 C.F.R. § 122, incorporated above at § 1.3(B) of this Part), and for the following pollutants:
d. 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 Department 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:
(1) 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 pollutant loads and a proposed schedule for implementing such controls. At a minimum, the description shall include:
(2) 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:
(3) 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), 42 U.S.C. § 11001 et seq., and industrial facilities that the municipal permit applicant determines are contributing a substantial pollutant loading to the municipal storm sewer system. The program shall:
(4) 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:
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 § 1.32(E)(3) of this Part. 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.
2. Individual Permit Application. The operator of a regulated small MS4 and another regulated entity may jointly apply under either §§ 1.32(E)(2)(a) or (b) of this Part to be co-permittees under an individual permit. The Department may require the operator of a small MS4 designated under §§ 1.32(A)(1)(g) or (h) of this Part 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:
a. Operators of small MS4s seeking authorization to implement a program under § 1.32(E)(3) of this Part, must submit an application that includes the following:
3. Storm Water Management Program Requirements. Unless seeking coverage in accordance to § 1.32(E)(2)(b) of this Part, 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 discharges to Special Resource Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs), and impaired water bodies as required in § 1.32(A)(5)(a)((7)) of this Part, the Storm Water Management Program Plan required by § 1.32(E)(3)(a) of this Part must document coverage for all such discharges.
a. Storm Water Management Program Plan. At a minimum the storm water management program plan must include all of the following:
(2) Information of the Measurable Goals for each of the BMPs, including as appropriate:
b. Minimum Control Measures.
(3) 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:
(4) 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:
(5) 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:
4. Waiver applications. An operator of a regulated small MS4 seeking a waiver must submit and application, by the deadlines established in § 1.32 of this Part, which meets the following requirements:
a. An operator of a small MS4 seeking a waiver under § 1.32(G)(5)(a) of this Part must submit the following:
b. An operator of a small MS4 seeking a waiver under § 1.32(G)(5)(b) of this Part must submit the following:
(2) A table which identifies the following information for each outfall:
c. An operator of a small MS4 seeking a waiver under § 1.32(G)(5)(c) of this Part must submit the following:
F. Application Deadlines. Any operator of a point source required to obtain a permit under § 1.32 of this Part, 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.
2. Group Permit Applications. Any group application submitted in accordance with § 1.32(C)(3) of this Part shall comply with all Federal requirements.
3. For any discharge from a medium municipal separate storm sewer system;
4. For the storm water discharges defined below, a permit application shall be submitted to the Department 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 Department (see 40 C.F.R. § 124.52(c), incorporated above at § 1.3(B) of this Part):
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 § 1.32(E) of this Part must be submitted to the Department by:
9. Waivers from permit requirement for discharges of storm water from small municipal separate storm sewer systems.
G. Petitions
5. The Department may waive the requirement to obtain a permit for small municipal separate storm sewer systems under the following circumstances:
a. 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 §§ 1.72 and 1.73 of this Part), and the MS4 meets the following criteria:
b. 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 equal to 1,000 but less than 10,000 (See §§ 1.72 and 1.73 of this Part), and the MS4 meets all of the following criteria:
c. On or after March 2008, the operator of a small MS4, located outside urbanized areas and densely populated areas (See §§ 1.72 and 1.73 of this Part), or previously waived in accordance with §§ 1.32(G)(5)(a) and 1.32(G)(5)(b) of this Part 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 Department by meeting the following criteria:
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 §§ 1.32(H)(1) through 1.32(H)(4) of this Part. “No exposure”, for purposes of this section, 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:
2. Industrial materials and activities not requiring storm resistant shelter. To qualify for this exclusion, storm resistant shelter is not required for:
3. Limitations.
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:
c. The certification must indicate that none of the following materials or activities are, or will be in the foreseeable future, exposed to precipitation:
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 § 1.33(A)(2) of this Part, except those covered by individual permits, within a geographic area. The area shall correspond to existing geographic or political boundaries, such as:
2. Sources. The general permit shall be written to regulate, within the area described in § 1.33(A)(1) of this Part, either:
b. A category of point sources other than storm water discharges if the sources all:
4. Other requirements.
B. Administration
2. Authorization to discharge, or authorization to engage in sludge use and disposal practices.
3. Small municipal separate storm sewer systems (MS4s). For general permits issued to small MS4s, the Department must establish the terms and conditions necessary to meet the requirements of § 1.32 of this Part using one of the two permitting approaches in §§ 1.33(B)(3)(a) or 1.33(B)(3)(b) of this Part. The Department must indicate in the permit or fact sheet which approach is being used.
b. Two-step general permit. The Department includes required permit terms and conditions in the general permit applicable to all eligible small MS4s and, during the process of authorizing small MS4s to discharge, establishes additional terms and conditions not included in the general permit to satisfy one or more of the permit requirements for individual small MS4 operators.
C. Requiring an Individual Permit
1. 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:
h. The discharge(s) is a significant contributor of pollutants. In making this determination, the Department may consider the following factors:
A. The permit issuance process involves the following seven major procedural stages:
A. Permit Application
B. Completeness
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.
E. If the Department decides to prepare a draft permit, the permit shall contain the following information:
B. The fact sheet shall include, when applicable:
5. A description of the procedures for reaching a final decision on the draft permit including:
8. When the draft permit contains any of the following conditions, an explanation of the reasons why such conditions are applicable:
B. For preparing a draft permit under § 1.38 of this Part, the record shall consist of:
A. Scope
1. The Department shall give public notice that the following actions have occurred:
B. Timing
C. Methods. Public notice of activities described in § 1.42(A)(1) of this Part 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):
g. Persons on a mailing list developed by:
D. Contents
1. All public notices issued under this Rule shall contain the following minimum information:
i. Where a request under 33 U.S.C. § 1326(a) (Section 316(a) of the Clean Water Act) has been filed under § 1.60 of this Part, the public notice shall include:
2. Public notices for hearings. In addition to the general public notice described in § 1.42(D)(1) of this Part, the public notice of a hearing under § 1.44 of this Part shall contain the following information:
A. If any data, information or arguments submitted during the public comment period, including information or arguments required under § 1.45 of this Part, appear to raise substantial new questions concerning a permit, the Department may take one or more of the following actions:
B. A final permit decision shall become effective 30 days after the service of notice of the decision under § 1.47(A) of this Part unless:
A. At the time that any final permit is issued, pursuant to § 1.47 of this Part, the Department shall issue a response to comments. This response shall:
B. The administrative record for any final draft permit and final permit shall consist of the administrative record for the draft and:
C. Such request shall also contain:
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:
A. If a request for an adjudicatory hearing of a permit under § 1.50 of this Part 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 Office of Water Resources on formal application by the permittee. In exercising his/her discretion on such stay requests the Chief shall consider the following factors:
C. Any facility or activity holding an existing permit must:
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 § 1.50 of this Part, 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:
2. If a party opposes the motion but the source demonstrates that:
A. An applicant for a renewal of a RIPDES permit may apply for the following variances:
1. 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:
b. Non-conventional pollutants. A request for a variance from the BAT requirements for 33 U.S.C. § 1311(b)(2)(F) (Section 301(b)(2)(F) of the Clean Water Act), pollutants (commonly called "non-conventional" pollutants) pursuant to 33 U.S.C. § 1311(c) (Section 301(c) of the Clean Water Act) because of the economic capability of the owner or operator, or pursuant to 33 U.S.C. § 1311(g) (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:
(1) 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), 33 U.S.C. § 1311(c) or Section 301(g), 33 U.S.C. § 1311(g), modification or both. This request must have been filed not later than:
2. 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:
3. Expedited variance procedures and time extensions.
A. The Department may grant or deny request for the following variances (subject to EPA objection under 40 C.F.R. § 123.44, incorporated above at § 1.3(B) of this Part):
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:
A. When a request for a variance is filed as required under § 1.57 of this Part, the request shall be processed as follows:
| State | Incorporated Place |
| Rhode Island | Providence |
(This is a reference list only, not a list of all operators of small MS4s subject to § 1.32(A)(5) of this Part. 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. This reference list reflects populations within regulated areas as shown in § 1.74 of this Part. Regulated areas include the areas determined by the 1990 UA and 2000 US and 2000 densely populated area (DPA) from the Bureau of the Census. See § 1.4 of this Part for the definition of a small MS4 and the definition of a regulated small MS4). (Source: 1990 and 2000 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 Regulated Area1 |
| Barrington (Town) | 16,806 |
| Bristol (Town) | 22,308 |
| Burrillville (Town) | 8,862 |
| Central Falls (City) | 18,725 |
| Coventry (Town) | 28,423 |
| Cranston (City) | 79,526 |
| Cumberland (Town) | 30,029 |
| East Greenwich (Town) | 10,656 |
| East Providence (City) | 48,505 |
| Exeter (Town) | 1,360 |
| Glocester (Town) | 1,617 |
| Jamestown (Town) | 5,202 |
| Johnston (Town) | 27,163 |
| Lincoln (Town) | 20,687 |
| Middletown (Town) | 16,933 |
| Narragansett (Town) | 16,350 |
| Newport (City) | 26,282 |
| North Kingstown (Town) | 23,306 |
| North Providence (Town) | 32,549 |
| North Smithfield (Town) | 7,887 |
| Pawtucket (City) | 72,912 |
| Portsmouth (Town) | 16,769 |
| Providence (City) | 173,356 |
| Scituate (Town) | 2,468 |
| Smithfield (Town) | 18,911 |
| South Kingstown (Town) | 20,5032 |
| Tiverton (Town) | 10,912 |
| Warren (Town) | 11,103 |
| Warwick (City) | 85,922 |
| West Greenwich (Town) | 997 |
| West Warwick (Town) | 29,509 |
| Westerly (Town) | 16,6123 |
| Woonsocket (City) | 43,224 |
| 1Regulated Area includes both 1990 and 2000 Bureau of Census UA and as indicated, the 2000 DPA | |
| 2Population includes both 1990 and 2000 Bureau of Census UA and 2000 DPA | |
| 3Population of 2000 DPA |
(This is a reference list only, not a list of all operators of small MS4s subject to § 1.32(A)(5) of this Part. This list represents the populations in Census Designated Places outside of Urbanized Areas used to determine areas that meet the definition of a Densely Populated Area in accordance with § 1.4 of this Part. See § 1.4 of this Part for the definition of a small MS4 and 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 |
| Hope Valley | 1,445 |
| Westerly CDP | 16,612 |