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CODE OF RHODE ISLAND RULES
AGENCY 12. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
SUB-AGENCY 190. OFFICE OF WATER RESOURCES
CHAPTER 025. ADMINISTRATION AND ENFORCEMENT OF THE FRESHWATER WETLANDS ACT
Date:
08/31/2009
Document:
12 190 025. ADMINISTRATION AND ENFORCEMENT OF THE FRESHWATER WETLANDS ACT
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6.07 Emergency Environmental Protection
A. Emergency installation of environmental protection structures, and undertaking of activities directly associated with the emergency containment and cleanup of oil or hazardous materials in wetlands, including the resolution of leaking underground storage tanks, is permissible in accordance with Rule 6.01 provided that such installation or activity is undertaken under the direct supervision of Department or federal cleanup personnel or the Department's emergency response personnel. During the emergency cleanup, unnecessary alterations of freshwater wetlands shall be prevented to the maximum extent possible, and best management practices for erosion and sediment controls must be initiated and maintained. Where applicable, heavy equipment working in wetlands must be placed on mats, and other temporary measures must be taken to minimize soil and habitat disturbance. Following emergency cleanup, the disturbed area must be stabilized and restored to the satisfaction of the Department.
B. The Freshwater Wetlands Program must be notified of the initiation of emergency environmental cleanup and upon completion of emergency cleanup activities.
6.08 Site Remediation
Activities which may affect freshwater wetlands and which are required by the Department for remediation of contamination resulting from releases of oil or hazardous materials are allowed in accordance with Rule 6.01 provided that:
A. The initial document or plan identifying potential impacts to freshwater wetlands and all subsequent action plans are submitted, whenever necessary, for the Freshwater Wetland Program review;
B. All site remediation activities which may affect freshwater wetlands are under the direct oversight or control of the Department;
C. The remediation activities are only those necessary to protect or restore freshwater wetlands from impacts or substantial threats resulting from actual releases of hazardous materials; and
D. The remediation activities incorporate all measures necessary to fully protect, replace, restore or mitigate the harm to any affected wetlands including best management practices, best available technologies, and any other measures which, in the opinion of the Department are necessary to:
1) Comply with the substance and intent of these Rules;
2) Protect the wetland environment; and
3) Protect the functions and values provided by freshwater wetlands.
6.09 Utility Emergencies
Emergency access and repair or replacement of utility lines, poles, structures, equipment or facilities which is necessary as a result of storm damage, acts of vandalism, accidents or equipment failure is permissible in accordance with Rule 6.01 provided that all affected wetlands are fully restored following completion of the repair or replacement.
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6.17 Emergency Water Withdrawal for Fighting Fires
Emergency withdrawal of water from a pond or flowing body of water for the purpose of fighting fires is permissible in accordance with Rule 6.01, provided that the water withdrawal is for a specific emergency event and that other sources of water are inadequate or inaccessible at the time of the emergency.
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11.01 Application for Emergency Alterations
An emergency alteration is one that is required to protect the public from imminent harm to its health or safety; and is authorized by the Department. Oral approval of an emergency alteration, other than those alterations specified in Rule 6.00, may be granted by the Department consistent with the requirements set forth below. Applicants who are not considered an appropriate official of a town, city, state or federal agency or public utility responsible for correcting problems which arise on an emergency basis and pose an imminent threat to the public health and safety should contact the Freshwater Wetlands Program for consideration of individual emergency situations.
A. An oral or written request for permission to proceed with an emergency alteration must be made to the Freshwater Wetlands Program, Office of Water Resources, by the owner of the property or easement where the emergency alteration is proposed or by an appropriate official of a town, city, state or federal agency or public utility responsible for correcting problems which arise on an emergency basis and pose an imminent threat to the public health and safety;
B. The request must inform the Department of at least the following:
1) An explanation of the problem necessitating an emergency alteration;
2) The reason why the problem represents an imminent threat to health and safety;
3) The location of the area in which corrective activity is required;
4) The proposed actions necessary to correct the problems;
5) The person responsible for overseeing the activity, including immediate means of contact; and
6) The means proposed to restore the wetland area following the emergency alteration, as appropriate.
C. Any emergency alteration undertaken shall not result in a permanent alteration of any wetland, except as allowed for dam safety as approved by the Department in accordance with the Rules and Regulations for Dam Safety. The applicant must, in so far as possible, restore the wetland area to prevent or minimize any permanent alteration. Such restoration must be undertaken in accordance with requirements provided by the Department;
D. Alteration of wetlands shall not exceed work beyond that necessary to abate the emergency;
E. Unless otherwise informed by the Department following its inspection of the site, the applicant must submit an as-built site plan or a plan of restoration to the Department no later than forty-five (45) days following the action necessary to correct the emergency problem. The site plan must illustrate the emergency activity undertaken, the wetlands affected, any alteration which resulted from the activity, and all restoration activities undertaken, or which are still required. The required site plan must comply with Rule 7.03;
F. The time limitation for performance of an emergency alteration shall not exceed ten (10) days following initial approval by the Department unless written approval for an extension is obtained from the Department; and
G. Following submission of the as-built site plan required in paragraph E above, the applicant is required to comply with any additional activities necessary to prevent any permanent alteration or to finalize wetland restoration as detailed in writing by the Department.
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**Note: Only the section analyzed by the PHASYS team is included here as the entire regulation exceeded ~100 pages.
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