250-RICR-150-05-1 TITLE 250 – DEPARTMENT OF ENVIRONMENTAL MANAGEMENT CHAPTER 150 – WATER RESOURCES SUBCHAPTER 05 – WATER QUALITY PART 1 – Water Quality Regulations 1.1 Purpose It is the purpose of these regulations to establish water quality standards for the State's surface waters. These standards are intended to restore, preserve and enhance the physical, chemical and biological integrity of the waters of the State, to maintain existing water uses and to serve the purposes of the Clean Water Act and R.I. Gen. Laws Chapter 46-12. These standards provide for the protection of the surface waters from pollutants so that the waters shall, where attainable, be fishable and swimmable, be available for all designated uses, taking into consideration their use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and also taking into consideration their use and value for navigation, and thus assure protection of the public health, safety, welfare, a healthy economy and the environment. 1.2 Legal Authority The authority for these regulations is vested in the Director by R.I. Gen. Laws Chapters 46-12, 42-17.1, and 42-17.6. These rules and regulations are further promulgated pursuant to the requirements and provisions of all chapters of the State of Rhode Island General Laws relating to the duties and responsibilities of the Director for the waters of the State, and in accordance with the requirements of R.I. Gen. Laws Chapter 42-35. 1.3 Incorporated Materials A. These regulations hereby adopt and incorporate 40 C.F.R. § 136 (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations. B. These regulations hereby adopt and incorporate the “Methods for Measuring the Toxicity and Bioaccumulation of Sediment-associated Contaminants with Freshwater Invertebrates”, Second Edition, March 2000, EPA/600/R-99/064 by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations. C. These regulations hereby adopt and incorporate 40 C.F.R. § 404(b)(1) (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations. D. These regulations hereby adopt and incorporate the “Assessing Human Health Risk from Chemically-Contaminated Fish and Shellfish”, September 1989, EPA/503/8-89-002 by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations. E. These regulations hereby adopt and incorporate the "Water Quality Criteria Documents; Availability," Appendix C - "Guidelines and Methodology used in Preparation of Health Effect Assessment Chapters of the Consent Decree Water Criteria Documents," November 28, 1980, 45 FR 79347 by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations. F. These regulations hereby adopt and incorporate 40 C.F.R. § 131.12(a)(1) (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations. G. These regulations hereby adopt and incorporate 40 C.F.R. § 423 (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations. H. These regulations hereby adopt and incorporate 40 C.F.R. § 116.4 (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations. 1.4 Definitions A. For the purposes of these regulations, the following terms shall have the following meanings: 1. "Acute toxicity" means lethal or sublethal severe adverse effect(s) to an organism when exposed to a toxic pollutant(s) for a relatively short period of time. In aquatic toxicity tests, an effect observed in 96 hours or less is typically considered acute. 2. "Administrator" means the administrator of the United States Environmental Protection Agency or any subordinate or subordinates to whom the Administrator delegates the powers and duties vested in that office. 3. "Applicable standards and limitations" means all state, interstate and federal standards and limitations to which a discharge or activity is subject under the Clean Water Act Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. or any State Acts 4. "Applicant" means a person who applies for any approvals for any discharge, activities, projects, or facilities in accordance with the requirements of these regulations. 5. "Application" means all forms, documents, and other information required by the Department to apply for a permit, order, certificate, or other approval from the Department in accordance with the requirements of these regulations. 6. "Approval" means an authorization, Order of Approval, permit, certification, license or equivalent determination issued pursuant to regulations promulgated by the Department. 7. "Aquaculture facility" means a defined managed water area or facility for the maintenance or production of harvestable freshwater, estuarine or marine plants and/or animals. Defined managed water area as used in this definition, means the portions of the waters of the state within which the permittee or permit applicant confines and/or 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 expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased growth and be harvestable within a defined geographical area. 8. "Aquatic research related activities" means an activity in which research is conducted to evaluate the effect of various factors on the health, growth, or reproduction of aquatic organisms. 9. "Assimilative capacity" means the amount of a pollutant or pollutants that can safely be released to a waterbody or segment of a waterbody under the most adverse conditions, as defined in § 1.10(C) of this Part, which will not cause any violations of applicable water quality criteria nor cause measurable harm or alteration to the natural biological community found therein. 10. "Background" means the water quality upstream of all point and nonpoint sources of pollution. 11. "Best Management Practices” or “BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of and impacts upon 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. 12. "Best Professional Judgment” or “BPJ" means a determination, based on best engineering and/or scientific practices and best management practices, involving any pollutant, combination of pollutants or practice(s), on a case by case basis, which is determined by the Director to be necessary to carry out the provisions of the Clean Water Act and any applicable chapters of the Rhode Island General Laws. BPJ can be used to set Best Available Technology Economically Achievable, Best Conventional Pollutant Control Technology, Best Practicable Control Currently Available or Best Management Practices limitations pursuant to the Clean Water Act 33 U.S.C. § 1251 et seq. either in the absence of an applicable promulgated effluent guideline or where promulgated effluent limitation guidelines only apply to certain aspects of the discharge's operation or to certain pollutants. 13. "Bioassay" means a toxicity testing procedure using aquatic organisms to determine the concentration or amount of a toxic pollutant(s) causing a specified response in the test organisms under stated test conditions. 14. "Brackish water" means those waters of the state in which the natural level of salinity is greater than 1 (one) part per thousand but less than 10 (ten) parts per thousand, 95 percent or more of the time. 15. "C.F.R." means the Code of Federal Regulations. 16. "Chronic toxicity" means lethal or sublethal adverse effect(s) to an organism or its progeny, based on various physiological measurements including but not limited to growth, survival, or reproductive success when exposed to a toxic pollutant(s) for a relatively long period of time. The methods commonly used to estimate chronic effects involve exposures of typically seven (7) days or less. 17. "Clean Water Act” or “CWA" means the Federal Water Pollution Control Act 33 U.S.C. § 1251 et seq. 18. “Coldwater fishery” means waters in which naturally occurring water quality and/or habitat allow the maintenance of naturally reproducing indigenous coldwater fish populations. 19. "Combined sewer" means a sewer which serves as a sanitary sewer and a storm sewer. 20. "Combined Sewer Overflow” or “CSO" means flow from a combined sewer that is discharged into a receiving water without going to a treatment works. A CSO is distinguished from bypasses which are diversions of waste streams from any portion of a treatment works. 21. "Contiguous zone" means the entire zone established by the United States under Article 24 of the