Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems


250-RICR-150-10-6 PROPOSED RULE

Title 250 Department of Environmental Management
Chapter 150 Water Resources
Subchapter 10 Wastewater & Storm Water
Part 6 Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems
Type of Filing Amendment
Regulation Status Proposed View Active Rule
Filing Notice Date 08/31/2018
Filing Hearing Date(s) 09/12/2018
Public Comment Dates 08/31/2018 to 09/30/2018

Regulation Authority :

R.I. Gen. Laws Chapter 42-17.1 Environmental Management; Chapter 5-56 Installers of Individual Sewage Disposal Systems; Chapter 5-56.1 Designers of Individual Sewage Disposal Systems; Chapter 23-19.5 Percolation Tests and Water Table Elevations; Chapter 23-24.3 Substances or Compounds Used as Sewerage System Cleaners; Chapter 46-13.2 Drilling of Drinking Water Wells, and Chapter 23-19.15 Rhode Island Cesspool Act of 2007

Purpose and Reason :

The Rules Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Onsite Wastewater Treatment Systems (OWTS Rules) have been reformatted to fit the R.I. Code of Regulations style as required by the R.I. Administrative Procedures Act.  In addition, those prescriptive portions of the DEM Guidelines for the Design, Use, and Maintenance of Pressurized Drainfields (2013) (Pressurized Drainfield Guidance) written using terms such as “Shall” or “Must” that can be interpreted as regulatory requirements have been integrated into the OWTS rule.  As necessary the language was lightly edited to fit the RICR style or correct errors but every effort has been made to preserve the intent of the Pressurized Drainfield Guidance. The added language does not create new requirements governing the choice of specific leachfield types, expand the scope of the regulations, or increase the size of the regulated population.  Instead, the rules will now codify the existing design requirements for pressurized leachfields found in the Pressurized Drainfield Guidance and already regularly used by applicants. No specific leachfield type is required on any particular site under the proposed OWTS Rules.  The choice is instead left to the professional judgement of the Licensed Designer and based on applying the OWTS Rules to the site configuration, proposed use, and the soil conditions. For a complete list of substantive changes to the regulation, please see the attached document entitled “Summary of Changes.”  No substantive changes have been made to the remainder of the OWTS Rules.

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