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 10/04/2021
Public Comment Dates 10/04/2021 to 11/03/2021

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 purpose of these amendments is to incorporate revisions made to R.I. Gen. Laws § 5-56.1-4 (Designers of Individual Sewage Disposal Systems- Conditions for obtaining a designer’s license) by the R.I. General Assembly in the 2019 session. The change in statute states that professional engineers, registered and authorized to practice engineering in Rhode Island, meet the minimum qualifications, experience, and education requirements for an OWTS designer’s license. This has the effect of exempting professional engineers from the testing and continuing education requirements to obtain and maintain a Class III Designer’s License.

Section 6.8- Definitions:

-Add definition of “Professional engineer.”

Section 6.11- Obtaining a Class I, II, III or IV License

-Section reorganized to place Class III license information into separate subsection. Subsection (A) includes existing requirements for Class I, II, and IV (Soil Evaluator) licenses. Language pertaining to Class III minimum qualifications and exam descriptions have been deleted from Subsection (A). Also, references to Professional Engineer credential as a minimum qualification for Class I and II licenses has been deleted. Subsection (B) includes requirements for obtaining a Class III license consistent with revisions made to R.I. Gen. Laws § 5-56.1-4 (Designers of Individual Sewage Disposal Systems- Conditions for obtaining a designer’s license).

-Existing requirement that licenses be issued only to natural persons moved to Subsection (C) to make clear that these requirements apply to all license classes.

Sections 6.12 (Expiration and Renewal of a Class I, II, or IV License):

- Section 6.12(B)(3) edited to incorporate revisions made to R.I. Gen. Laws § 5-56.1-4 (Designers of Individual Sewage Disposal Systems- Conditions for obtaining a designer’s license) stating Professional Engineers are exempt from continuing education requirements for license renewal.

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