Header:
CODE OF RHODE ISLAND RULES
AGENCY 12. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
SUB-AGENCY 200. DIVISION OF WATER SUPPLY MANAGEMENT
CHAPTER 001. WATER SUPPLY MANAGEMENT PLANNING - EMERGENCY MANAGEMENT PLANNING COMPONENT
Date:
08/31/2009
Document:
12 200 001 WATER SUPPLY MANAGEMENT PLANNING - EMERGENCY MANAGEMENT PLANNING COMPONENT
Contained herein are sections of the Water Supply Management Planning regulations pertaining to emergency management planning requirements only.
SECTION 1.00 PURPOSE AND GOALS
Contained herein are sections of the Water Supply Management Planning regulations pertaining to emergency management planning only. The complete Water Supply Management Planning regulations are forthcoming.
The purposes of these regulations are to implement the provisions of Chapter 46-15.4 of the General Laws of Rhode Island, as amended to insure that (1) water supply management plans, including emergency management plans are prepared, maintained, and carried out by each municipal department, agency, district, authority or other entity engaged in or authorized to engage in the supply, treatment, transmission or distribution of drinking water and (2) the said plans and their execution achieve the effective and efficient conservation, development, utilization, and protection of this finite natural resource in ways that meet the present and future needs of the state and its people.
Water supply management plans shall be consistent with policy set forth in State Guide Plan Element 721 (March 1988). In accordance with stated policy, planning efforts shall ensure that existing sources of supply shall be maintained as long as their continuation or future reactivation is feasible and their water quality remains acceptable for intended uses. Feasibility includes, but is not limited to, consideration of the quality of the source, the safe yield, the costs of operating and maintaining the source, and other statutory and non-financial constraints.
These regulations establish minimum requirements for water supply and emergency management planning considered necessary by the Department to implement Chapter 46-15.4 of the General Laws of Rhode Island. The Department recognizes that compliance with these regulations' minimum plan contents requirements may occur over time and that preparation of the plans called for by these regulations initiates a process whereby the objectives of Chapter 46-15.4 are met. The Department shall expect water suppliers to comply with these regulations in an expeditious manner. Where applicable, plans shall include schedules for the completion of work required by these regulations or otherwise necessary to address deficiencies.
SECTION 2.00 LEGISLATIVE AUTHORITY
These rules and regulations are promulgated pursuant to the requirements and provisions of Chapter 46-15.4, Water Supply Management Planning Act of the General Laws of Rhode Island, as amended.
SECTION 3.00 LIBERAL APPLICATION
The terms and provisions of these rules and regulations shall be liberally construed to allow the Department of Environmental Management to effectuate the purposes of state law, goals and policies consistent with the Water Supply Management Planning Act, Chapter 46-15.4 of the General Laws of Rhode Island, as amended.
SECTION 4.00 SEVERABILITY
If any provision of these rules and regulations or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the rules and regulations shall not be affected thereby. The invalidity of any section or sections, or of parts of any section or sections shall not affect the validity of the remainder of these rules and regulations.
SECTION 5.00 DEFINITIONS
For the purposes of these regulations, the following terms shall have the following meanings:
(a) Available water shall mean the maximum amount of water that can dependably be supplied, taking into account limitations imposed by hydraulic or other considerations. In determining the available water existing estimates of the safe yield of sources shall be utilized. Water committed by another water supplier through interconnections may be included in the determination of available water. Once accounted for in a water system's calculation of available water, the same volume of water may hot be accounted for in another supplier's calculation of available water. Temporarily inactive and emergency water supply sources shall not be included unless approved by the department. System storage shall not be included in the calculation of available water.
(b) Commission shall mean Public Utility Commission
(c) Comprehensive Plans shall mean local comprehensive plans as required by Chapter 45-22.2 of the General Laws of Rhode Island.
(d) Conservation shall mean methods, procedures, and devices designed to promote efficient use of water and to eliminate waste of water.
(e) Demand, Average daily shall mean the total volume of water supplied to the system including changes in storage over the representative period divided by the number of days in that representative period. The most recent representative period of record shall be utilized and shall not be affected by unusual demand conditions such as drought or a significant temporary increase in demand.
(f) Demand, Maximum daily shall mean the maximum one day rate of water supplied to the system including changes in storage, including depletion from system storage, experienced over the most recent calendar year not affected by unusual demand conditions, such as drought or a significant temporary increase in demand.
(g) Demand, Peak Hourly shall mean the maximum one hour rate of water supplied to the system including changes in storage, including depletion from system storage, experienced over the most recent calendar year.
(h) Department shall mean the Department of Environmental Management or its successor
(i) Distribution facilities shall mean the pipes and appurtenant facilities employed specifically to deliver, to dispense, to render or to circulate potable water directly to the consumer.
(j) Division shall mean the division of water supply management in the Department of Environmental Management
(k) Major user shall mean any public or private organization or entity using more than three (3) million gallons of water per year. A lower water use threshold may be utilized as determined appropriate by the water supplier.
(l) Non-account water shall mean the difference between the metered supply and the metered use for a specific period of time including an allowance for firefighting.
(m) Service area shall mean the geographical boundary within which service connections to customers of a water supply system are currently available or available in the future.
(n) Total reservoir storage capacity shall mean the reservoir volume at the normal full pool level or spillway elevation.
(o) Transmission facilities shall mean the pipes, pumping stations, and storage facilities required to carry potable water from a water source to or throughout an area served or to be served by a water supply system for the specific purpose of supplying water to support a general population.
(p) Useable reservoir storage capacity shall mean the difference between the total reservoir storage capacity and the volume at the minimum reservoir storage level as determined by the intake pipe elevation or the water elevation below which water cannot be treated to meet water quality standards.
(q) User category shall mean metered single-family residential, metered multi-residential, metered commercial, metered industrial, metered governmental, metered wholesale purchaser (for example, another water supplier), and non-account water.
Multi-residential shall include apartments, condominiums, nursing homes, college dormitories, correctional facilities and any other commercial or institutional entity which provides non-transitory housing.
Commercial shall include non-governmental institutions and entities identified by the following Standard Industrial Classification (SIC) two-digit major group codes:
Agriculture, etc. - Major Groups 01 - 09
Construction - Major Group 15 - 17
Transportation, communications, electric, gas, etc - Major Groups 40 - 48
Wholesale Trade - Major Groups 50, 51
Retail Trade - Major Group 52 - 59
Finance, insurance, etc. - Major Groups 60 - 67
Services - Major Groups 70 - 89
Industrial shall include entities identified by the following SIC two-digit major group codes:
Mining - Major Group 14
Manufacturing - Major Groups 20, 22 - 39
Transportation, communication, electric, gas, etc. - Major Group 49
Metered governmental shall include an estimate of water used for firefighting purposes and those entities identified by the following SIC two-digit major group codes:
Public Administration - Major Groups 91 - 97
Non-account water may include unmetered water useage, leaks, theft, etc.
(r) Water supplier shall mean any municipality, municipal department and agency, district, authority, or other entity engaged in or authorized to engage in the supply, treatment, transmission or distribution of drinking water on a wholesale or retail sales basis.
(s) Water supply emergency shall include but not be limited to one or a combination of the following situations:
(1) Mechanical failure or similar type of emergency which results in an inability to meet average daily and maximum daily demand for water, including loss of power, loss of pumping capacity, loss of storage capabilities or major breaks or leaks.
(2) Water quality emergencies due to contamination of the water supply, the distribution system or of storage tanks which result in an inability to meet average daily and maximum daily demand with remaining public water supplies.
(3) Seasonal water shortages or inadequacy of source, distribution system or storage capacity to meet water supply needs.
(t) Water supply sources, abandoned are no longer used or maintained as a source of supply. These sources are permanently disconnected surface waters or wells.
(u) Water supply sources, active are Department of Health approved supplies connected to the water supply system and available for distribution.
(v) Water supply sources, emergency are not regular sources of supply but are held in reserve for use in water supply emergencies. The use of emergency water supply sources must be approved by the Department of Health.
(w) Water supply sources, temporarily inactive are seasonal sources of supply or are sources temporarily not in use due to mechanical or quality problems or lack of demand.
(x) Water supply system shall mean any combination of interconnected sources and facilities for the purposes of supplying potable water which is owned and operated by a water supplier.
SECTION 6.00 APPLICABILITY - PREPARATION OF PLANS
All water suppliers which obtain, transport, purchase, or sell more than fifty million (50,000,000) gallons of water per year shall be required to prepare, maintain, and carry out a water supply management plan as described by these regulations.
SECTION 7.00 CONFORMITY WITH OTHER LEGISLATION
The water supply management plans shall be in conformity with all applicable provisions of state and federal laws including the federal Safe Drinking Water Act (42 USC Section 300f et seq.); Chapter 46-13 of the General Laws of Rhode Island, Public Drinking Water Supply; and Chapter 46-14 of the General Laws of Rhode Island, Contamination of Drinking Water, as administered by the Department of Health.
SECTION 8.00 CONTENTS OF PLANS
Water supply management plans shall be prepared in the format, and shall address each of the topics listed in this section, to the extent that each is relevant to the water supplier, the water source(s), the water system(s), and the area served or eligible to be served.
8.01 Goals statement
(a) Stated goals shall promote the effective and efficient conservation, development, utilization, and protection of the state's surface and ground water resources.
(b) Goal statements shall be consistent with the comprehensive plan(s) of the municipality or municipalities in which the service area is or is planned to be located and with State Guide Plan Element 721, "Water Supply Policies for Rhode Island."
8.02 Water supply system description
(a) The organization and legal structure of the water supply system shall be described. The plan shall state the owner of the water supply system; the name(s) of the chief executive officer, director or agency head, and board of directors shall be included. A chart of the organizational structure showing all aspects of water system management and operation shall be provided. Major responsibilities for each management position shown on the organizational chart shall be described. The water supply system's legal basis shall be described.
(b) All water supply sources shall be listed and mapped and a description of each provided. This shall include all surface and groundwater supplies owned or operated by the water supplier or available through contractual agreements.
(1) The location of each source, the intake structures, size of the impoundment and watershed area, and water supplier owned lands shall be mapped at an appropriate scale for each surface water supply. The location of wells, principal aquifers, recharge areas, water supplier owned lands shall be shown for each groundwater source. The direction of flow for each groundwater source should be shown separately. The source of information and types of analysis performed to obtain this information must be identified. If this information is not known, the course of action the water supplier will pursue to obtain this information shall be described.
(2) The operating status of each water supply source shall be noted as abandoned, active, emergency, or temporarily inactive, as defined herein. A general discussion of the reason for the temporarily inactive or abandoned status of any water source shall be provided.
(3) The description of all surface impoundments shall include the surface area of the impoundment, size and elevation of intakes, stage storage curve or table, the total and useable storage capacity, the acreage of the watershed, any minimum downstream discharge rates imposed by a permitting agency or other lawfully imposed requirement, and safe yield of the supply. For systems with multiple impoundments, the function of each reservoir shall be noted as distribution or storage with a description of the relation of all components of the system. Existing estimates of safe yield of each source and/or for the total system shall be reported; the methodology utilized and all assumptions made to calculate safe yield shall be described. (Note: More detailed requirements for calculating safe yield shall be established in the forthcoming complete Water Supply Management Planning regulations. A schedule to comply with these requirements over time may be submitted with the complete Water Supply Management Plan.)
(4) The description of all groundwater supplies shall include the type and location of the well, its depth and diameter, the type of pump and its rated capacity and head, average daily production data, and if available, well pump test results for each source. (Note: More detailed requirements for calculating groundwater capacity shall be established in the forthcoming complete Water Supply Management Planning regulations. A schedule to comply with these requirements over time may be submitted with the complete Water Supply Management Plan.) The existing monitoring program shall also be described including sampling locations (include the location of any monitoring wells), the type of data collected (include qualitative and/or quantitative parameters measured), and frequency of monitoring.
(5) The description of abandoned sources shall rely upon existing information; no additional information or field verification of information shall be required.
(c) All treatment and transmission facilities including pipes, pumping stations, and storage facilities shall be listed and mapped and description of each provided. Transmission facilities shall not include the distribution system.
(1) The name and location of water treatment facilities, the source(s) that are treated, and the treatment available shall be described. The design flow and emergency provisions such as, standby generators, chemical feed equipment and bypasses shall also be described for each facility.
(2) The name, location and total and usable volume of each storage facility (including clearwells) shall be described. The age and condition of the facility, and date of last inspection shall be described. The description of all new storage facilities shall include the material it is constructed of, the interior paint coating or lining, and whether cathodic protection is provided; this information should also be included for existing facilities, if available.
(3) The name, location, capacity, and number of pump stations and related capacities shall be described. If applicable, a description of any hydropneumatic storage tank(s) associated with each pumping facility should also be provided. Emergency power provisions that are available at each facility shall be included.
(4) The description of the transmission system shall include the type of pipe, length, diameter, age and condition, as available through routine operation and maintenance. The description should also include a leakage and repair history, where available. Age should be provided as actual year the pipe was installed, if known or to the nearest 10 year increment.
(5) The description shall include the functions and relationships of treatment and transmission facilities and any recent improvements thereto, an estimate of performance capability of individual facilities with respect to design specifications, and an estimate of individual facilities' reliability.
(6) Any known conditions or factors (e.g. soil conditions, groundwater levels, or water pH) which may affect system functioning should be described.
(d) All available interconnections with other water supply systems including connections for emergency purposes, whether for sale or purchase of water, shall be listed and mapped and description of each provided. The operational parameters of the interconnections shall be explained indicating the quantity and frequency of water delivered. The capacity and condition of the transmission main and any pumping facilities shall be described. Legal, technical and financial requirements for their use shall be specified and any source, hydraulic or contractual limitations to their use described. A summary of any contracts for purchase or sale of water shall be included.
(e) The present service area and any planned future extensions thereto shall be described and mapped. The description shall include:
(1) the geographic area served by the water supply and any areas not currently served but eligible to be served;
(2) the present and historic number of water services;
(3) the present population served and the population not currently served but eligible to be served; and
(4) population distribution patterns, economic status of users and other population demographics as available from applicable local Comprehensive Plan(s) and/or the Department of Administration Division of Planning.
(f) The extent of source and distribution metering and programs for meter reading, testing, calibration and repair/replacement shall be described. The description shall include the location, size, ownership, and age of master meters and meters at system interconnections and the extent of distribution metering expressed as percentage of total service connections. Major users and the age of their meters shall also be provided. Current programs for reading, testing, calibration, repair, and replacement of source and distribution meters including major users' meters shall be described. System specific characteristics which affect the longevity of meters should be described.
(g) Current and as available, historic system production data shall be provided. The most recent ten year period shall be utilized for the historic system production description. If the system has changed substantially over this time period, for example, an additional well added or taken out of service permanently, a description of the changes and when they occurred shall be included.
(1) The volume of water withdrawn from each source and for the total system, expressed in gallons, shall be reported on at least a monthly and annual calendar year basis for the current year and on an annual calendar year basis for the historic data.
(2) The volume of water bought from or sold to another water supplier, expressed in gallons, shall be reported on at least a monthly and annual calendar year basis for the current year and on an annual calendar year basis for the historic data.
(h) Current and historic water use data shall be provided. If water use has changed significantly over this time period, a description of the changes and when they occurred shall be included. An analysis of the impact of the installation of water saving devices on water use shall be included; all assumptions and the methodology utilized in estimating impacts shall be provided. The water use data shall include at least the following:
(1) system-wide and per capita water use expressed as: average daily demand on an annual calendar year and monthly basis; maximum daily demand, and other pertinent data, such as peak hour demand, if available. For historic data, the reporting of data on an annual basis shall be sufficient. The peaking factor (maximum daily demand divided by average daily demand on an annual basis) shall also be provided;
(2) water use analyzed by user category and sub-category (by SIC code) presented as total water use expressed as millions of gallons per year, and average daily demand on a monthly and annual calendar year basis;
(3) a list of major users and their water use on an annual calendar year basis;
(4) a description of any legal obligations to provide water including the amounts required and the duration of the contract;
(5) reasonable estimation and evaluation of 1) water used for firefighting purposes and 2) non-account water including but not limited to water supply system use, other unmetered public uses, metering inaccuracies and identified major leaks on an annual calendar year basis and as percentage of water produced; and
(6) water conservation programs currently practiced by the water supplier shall be outlined and the impact of water saving device installation upon per capita or user category water use described.
(i) Water supply system deficiencies and needed improvements shall be summarized based upon a review of the information compiled above.
8.03 Emergency Management: The emergency management component shall assess system risks and response capabilities, and shall describe a practicable contingency plan for water supply emergencies. Given the differing statutory deadlines for submittal of the emergency management plan and the water supply management plan, the emergency management plan shall be prepared as a "stand alone" document. The plan shall at a minimum:
(a) Provide a description of the water supply system as specified in Section 8.02 of these regulations and other necessary background information, as specified by the Department.
(b) Identify known and potential natural and human-caused risks to the water supply system and assess the extent and severity of each water supply emergency situation on each component of the water supply system. Identification of system risks shall include but not be limited to hurricanes and major storms, droughts which exceed the water supply system's design drought, seasonal water shortages, interruptions in the transmission or distribution system, obvious and immediate contamination risks to water sources or transmission or distribution systems and limitations in water sales agreements. The plan need not address emergencies experienced by water suppliers on a routine basis, such as pipe breaks and inoperable valves.
(c) Identify critical components of the water supply system that may be partially or totally incapacitated during emergency situations. This analysis shall serve as the basis for the development of programs of physical improvements and emergency management plans.
(d) Estimate the water supply system's remaining capabilities to meet demand for each water supply emergency situation. Describe the system storage capacities, supply redundancy, and other available contingency measures.
(e) Identify demands on the system and evaluate the level of service to be sustained during different emergency conditions. Major users and priority users should be identified. Assignment of priority should be based upon the potential risk to health, safety and weifare posed by the curtailment or suspension of service. The plans should address the necessary steps deemed appropriate and feasible to reduce the demand for water for the duration of the water supply emergency. Identify steps to reduce the demand, including the enactment of bans or restrictions on certain water uses and/or new connections, as appropriate.
(f) Identify personnel responsible for actions and any training needs.
(g) Describe notification procedures and the means of implementation, if applicable, to be followed in various emergency situations. The plan shall include notification of personnel, state and local officials, media and the public, including public notification of priority users, advance notification of users for which service may be curtailed or suspended if rationing is required and for implementation of rationing and use bans.
(h) Inventory emergency or stand-by equipment, critical spare parts, and supplies; identify additional equipment, parts, or supply needs, and the procedures for obtaining additional equipment or loaning available equipment or services. Where appropriate, stand-by power to all electrically operated facilities must be of sufficient capacity to provide a minimum of 100% of the system's average daily demand during an electrical outage. Interagency agreements specifying availability and use of loaned equipment or services shall be documented in writing. This inventory shall include but not be limited to availability and need for standby power for pumping station(s) and treatment plant(s); and extraordinary treatment processes.
(i) Identify sources of emergency water supply including but not limited to interconnections and independent industrial and commercial water supplies within the service area. Identification of legal, technical and financial requirements for their use, a schedule for activation, available yield and quality of the sources shall be included. Agreements with other water suppliers or with independent industrial or commercial entities for use of emergency water supplies shall be documented in writing.
(j) As appropriate and feasible, the plan may also address the necessary steps to treat contaminated sources of supply.
(k) Specify water supply emergency responses which become progressively more stringent depending upon the seriousness of the water supply emergency. Critical indicators of the seriousness of the emergency, such as the extent of facility damage and seasonally varying triggers, such as designated reservoir levels shall be identified. For groundwater supplies, consideration should be given to seasonally varying trigger levels involving draw-down of the wells and/or static water levels. These critical indicators shall act to trigger a mandatory management review and the initiation of an appropriate response.
(l) Outline the steps to be taken for recovery from an emergency, including reverse triggers, as appropriate, and describe when the steps will be activated.
(m) Outline and provide cost estimates for immediate actions or expenditures necessary to eliminate critical vulnerabilities of the existing water supply system. Evaluate the availability of resources to eliminate vulnerabilities and for overall implementation of the emergency management plan. Pricing of specific emergency response procedures need not be included.
(n) Describe the relationship of the emergency management plan with other applicable local or state plans, including Wellhead Protection contingency plans.
8.04 Coordination
(a) Water supply management plans shall be consistent with applicable local comprehensive plans and shall be integrated into the water supply plans of the municipality or municipalities in which the service area is or is planned to be located. Conversely, the local comprehensive plans shall be consistent with water suppliers' water supply management plans. Water supply management plans shall describe water supplier's efforts to coordinate with municipalities with respect to coordination of planning efforts. Particular attention should be focused on existing and future land uses, zoning requirements, growth projections, responsibilities and capabilities to respond to water supply emergencies, planning for capital improvement needs, and other areas of mutual interest.
(b) Water supply management plans shall describe water supplier's efforts to coordinate with other water suppliers with respect to interconnections, service area expansions, capabilities to assist in the response to water supply emergencies, the potential for regionalization and other areas of mutual interest, as appropriate.
(c) Water supply management plans shall describe water supplier's efforts to coordinate with operators of wastewater treatment facilities servicing all or part of the water supply service area with respect to data collection and the undertaking of feasibility studies of joint billing.
8.05 General Reguirements
(a) In preparing the plan, water suppliers shall utilize and submit the following unless otherwise approved by the Department:
(1) separate analyses for each source of water supply;
(2) the most recent population data and demographics prepared by the Department of Administration Division of Planning;
(3) gallons as a unit of measure;
(4) maps and graphs and other supporting materials, as necessary;
(5) at a minimum, the five (5) and twenty (20) year planning periods;
(6) the most recent ten (10) year period, where "historic" data are required; and
(7) the calendar year, where data are required on an annual basis.
(b) In order that data be in a form that can be accepted directly into the Rhode Island Geographic Information System, all locational data shall be mapped on a UTM Zone 19 grid (for example, United States Geological Survey topographic maps) or described in terms of UTM Zone 19 coordinates and at a minimum, have an accuracy of +/- twenty-five (25) meters consistent with U.S. Environmental Protection Agency policy as set forth in Locational Data Policy Implementation Guidance, (U.S. EPA, Office of Information Resources Management, Washington, D.C., Draft, February 1991). In addition, the North American Datum (NAD) shall be specified.
SECTION 9.00 WATER SUPPLIERS REGULATED BY THE PUBLIC UTILITY COMMISSION
(a) Water suppliers regulated by the Public Utility Commission may file with the Commission proposed rates and charges, including emergency rate relief, so as to provide for the necessary and reasonable costs of carrying out the requirements of these regulations.
(b) The Commission shall hear and decide such requests as provided by Title 39 of the General Laws of Rhode Island and shall allow adjustments in rates necessary to offset necessary and reasonable reductions in revenues resulting from implementation of a water supply management plan.
(c) The Public Utility Commission may order rates for suppliers of water which either do not vary with quantities used or when there is evidence of increasing costs to either the utility or to society, rates which increase as the quantity used increases, notwithstanding the provisions of Sections 39-2-2 and 39-2-5 of the General Laws of Rhode Island.
(d) If the Commission finds that changing rates to comply with this section will cause a hardship to a class of customers, the Commission may order that rates for that class of customers be changed to comply with this section over a period of time not to exceed five (5) years.
(e) The Public Utility Commission may order a reduction in rates consistent with the amount by which a supplier exceeds the stated goals for non-account water, notwithstanding the provisions of Sections 39-2-2 and 39-2-5 of the General Laws of Rhode Island.
SECTION 10.00 PLAN SUBMITTAL
10.01 Time Schedule for Plan Submittal
(a) Each party required by these regulations to prepare and maintain a water supply management plan shall complete and adopt an emergency management plan by July 1, 1992.
10.02 Plan Amendments
(a) All water suppliers shall review their plans at least once every five years from the date of Department approval or whenever a significant component of the plan is no longer valid, and shall amend or replace their plan as required so as to remain current. In the case of the latter, the Department may notify the water supplier in writing of any section(s) of the plan requiring revisions and of the reasons such revisions are necessary. Such revised plan shall be submitted in accordance with a schedule as agreed to by the Department and the water supplier, not to exceed one (1) year.
(b) Circumstances under which a plan may be deemed invalid include but are not limited to the following:
(1) the water supplier proposes to add or abandon a source of supply beyond those addressed in an existing plan,
(2) the water supplier projects water demand to be significantly greater than the demand projected in an existing plan,
(3) existing or projected demand exceeds available water,
(4) a new contract for the sale or purchase of water is executed,
(5) use of an existing or proposed source becomes infeasible.
(c) If only minor alterations to an existing plan are considered necessary, the water supplier may request a waiver of the plan amendment requirement from the Department. The request for waiver must be accompanied by written evidence supporting this conclusion. The water supplier shall be bound to the pre-established schedule for submittal of plan amendments, unless notified by the Department that their waiver has been approved.
10.03 Filing of Plans
(a) All water suppliers, as defined herein, shall file a copy of all plans and amendments thereto with the following:
(1) the Division of Water Supply Management of the Department of Environmental Management or its successor,
(2) the Division of Drinking Water Quality of the Department of Health,
(3) the Division of Planning of the Department of Administration, and
(4) the Public Utilities Commission or chief administrator of the Division of Public Utilities and Carriers if the water supplier is subject to regulation under Title 39 of the General Laws of Rhode Island.
(b) An additional copy of all plans and amendments thereto shall be submitted to the Division of Water Supply Management of the Department of Environmental Management for the purpose of maintaining one copy available for public review.
SECTION 11.00 REVIEW OF PLANS
11.01 General policies
(a) No plan shall be accepted for review until the effective date of these regulations.
(b) The Department has no obligation to review an incomplete plan. A plan shall not be complete if the Department determines that the plan fails to provide all information required by these regulations.
11.02 Review Process
(a) The Division shall coordinate the review of water supply management plans and any revisions or amendments thereto, prepared by water suppliers subject to these regulations.
(b) The Division of Water Supply Management shall accept comments on water supply management plans and any revisions or amendments thereto from the Division of Drinking Water of the Department of Health, the Division of Planning of the Department of Administration, and the Public Utilities Commission no later than forty-five (45) days from the date stamped by the Division, pursuant to Section 11.02(c).
(c) Upon receipt of a water supply management plan by the Division of Water Supply Management, the Division shall "date stamp" the plan. The "date stamped" date shall be used to determine the initiation of the forty-five (45) day and one hundred and twenty (120) day review periods.
(d) Upon consideration of the written comments by all agencies designated herein and any public comment provided to the Division, the Division of Water Supply Management shall determine whether the plan complies with the requirements of these regulations. The Division of Water Supply Management shall approve of plans found in compliance with these regulations.
(e) The Department shall notify the water supplier of its determination in writing. The determination shall be made within one hundred and twenty (120) days of the date stamped by the Division, pursuant to Section 11.02(c).
(f) Failure of the Department to notify a water supplier of its determination within the said time limit shall constitute approval of the submitted water supply management plan.
11.03 Finding of Non-compliance: If the Department finds that a water supplier's water supply management plan is incomplete or does not comply with the requirements of these regulations, the Department shall notify the supplier and other review agencies in writing and shall specify areas of non-compliance. The date for re-submission of the revised plan shall be in accordanace with a schedule as agreed to by the Department and the water supplier, not to exceed one (1) year from the date of notification. Revised plans shall be filed with each agency, as specified in Section 10.03 of these regulations, unless instructed otherwise by the Department. Said agencies shall review and submit written comments to the Division. The time period for review of revised plans shall be determined by the Department.
11.04 Plan Amendments: The time period for review of amended plans as outlined in Section 10.02 of these regulations will be as follows:
(a) For plans amended on schedule every five years from the date of approval by the Department, the time period for review will be as described in Section 11.02 of these regulations.
(b) For plans amended as a result of the invalidity of a significant component of the plan, the time period for review shall be in accordance with a schedule as agreed to by the Department and the water supplier, not to exceed one (1) year from the date of notification, as specified in Section 10.02.
11.05 Public Comment
(a) The Department shall provide a thirty (30) day period within the one hundred and twenty (120) day review period to receive comments from the general public on the water supply management plan.
(b) The Department shall publish a notice of the public comment period in a Rhode Island newspaper having daily statewide circulation and in the discretion of the Department, in a local newspaper having the largest daily circulation within the water supplier's service area.
(c) The Department shall accept written comment during the comment period.
(d) The Department shall consider written comments received during the comment period in its determination of whether the plan meets the requirements of these regulations.
SECTION 12.00 REQUESTS FOR TIME EXTENSIONS
(a) Water suppliers, as defined herein, may request in writing that the Department extend the time in which to complete its water supply management plan, not to exceed one (1) year.
(b) Approval of such requests shall be granted only upon demonstration that an extension is justified by extraordinary circumstances beyond the control of the water supplier. An extension, if approved, shall not waive any of the requirements of Sections 11.00, 13.02, 13.03, and 13.04 of these regulations.
(c) No extensions of time shall be granted for the submittal of emergency management plans.
SECTION 13.00 EVALUATION OF PLAN IMPLEMENTATION
13.01 General policy: All water suppliers shall implement their Department approved plans and shall comply with all applicable state, federal and local agency regulatory programs and statutory requirements in implementation of their Department approved plan.
13.02 Actions by the Division of Water Supply Management
(a) Prior to acting on any requests for approval of plans, issuance of permits or licenses, or application for grants or loans under its jurisdiction, the Division of Water Supply Management shall evaluate the water supply management program being conducted to implement the Department approved plan.
(b) Requests for approval of plans, issuance of permits or licenses or application for grants or loans shall be accompanied with a report outlining progress in implementing the Department approved plan and any other information deemed necessary by the Division of Water Supply Management to evaluate the water supply management program.
(c) This evaluation of program implementation shall be completed within thirty days of receipt of a complete request or application.
(e) The Division of Water Supply Management must find in writing that implementation of the water supply management plan is sufficient to achieve the objectives of these regulations prior to approving any such request or application.
13.03 Actions by the Water Resources Board
(a) Prior to any action by the Water Resources Board on any request or application under its jurisdiction, the Board shall request that the Division of Water Supply Management evaluate the water supply management program being conducted to implement the Department approved plan.
(b) Any request or application shall be accompanied with a report outlining progress in implementing the Department approved plan and any other information deemed necessary by the Division of Water Supply Management to evaluate the water supply management program.
(c) The Division of Water Supply Management shall complete its evaluation of program implementation upon thirty days of receipt of a complete request or application.
(d) The Division of Water Supply Management must find in writing that implementation of the water supply management plan is sufficient to achieve the objectives of these regulations prior to the Water Resources Board approving any such request or application.
(e) Water suppliers that meet or exceed the State of Rhode Island goal that non-account water not exceed fifteen percent (15%) of metered supply shall be eligible for up to a five percent (5%) increase in the amount of any grant administered by the Water Resources Board.
13.04 Actions by the Division of Drinking Water Quality of the Department of Health
(a) The Division of Drinking Water Quality shall promulgate the criteria or standards which will be used by the Department of Health to evaluate the implementation of approved water supply management plans.
(b) The Division of Drinking Water Quality shall evaluate the water supply management program being conducted to implement the Department approved plan prior to acting on any requests for approval of plans or issuance of permits or licenses under its jurisdiction.
(c) Requests for approval of plans or issuance of permits or licenses shall be accompanied with a report outlining progress in implementing the Department approved plan and any other information deemed necessary by the Division of Drinking Water Quality to evaluate the water supply management program.
(d) This evaluation of program implementation shall be completed within thirty days of receipt of a complete request or application.
(e) The Division of Drinking Water Quality must find in writing that implementation of the water supply management plan is sufficient to achieve the objectives of these regulations and is consistent with the provisions of Chapters 46-13 and 46-14 of the General Laws of Rhode Island, prior to approving any such request or application, unless such approval is necessary to alleviate an immediate threat to public health.
13.05 Actions by the Division of Planning of the Department of Administration
(a) The Division of Planning shall promulgate the criteria or standards which will be used to evaluate the implementation of approved water supply management plans.
(b) The Division of Planning shall evaluate the water supply management program being conducted to implement the Department approved plan prior to acting on any requests for approval of plans or application for grants or loans under its jurisdiction.
(c) Requests for approval of plans, issuance of permits or licenses or application for grants or loans shall be accompanied with a report outlining progress in implementing the Department approved plan and any other information deemed necessary by the Division of Planning to evaluate the water supply management program.
(d) This evaluation of program implementation shall be completed within thirty days of receipt of a complete request or application.
(e) The Division of Planning must find in writing that implementation of the water supply management plan is sufficient to achieve the objectives of these regulations prior to approving any such request or application.
(f) The Division of Planning shall advise the State Planning Council of its evaluation and finding made under this section prior to any action by the Council on any request or application under its jurisdiction.
13.06 Actions by the Division of Public Utilities and Carriers and the Public Utilities Commission
(a) The Division of Public Utilities and Carriers and Public Utilities Commission shall promulgate the criteria or standards which will be used to evaluate the implementation of approved water supply management plans.
(b) The Division of Public Utilities and Carriers and Public Utilities Commission shall evaluate the water supply management program being conducted by regulated water suppliers to implement the Department approved plan prior to acting on any request or application under its jurisdiction.
(c) Requests or applications shall be accompanied with a report outlining progress in implementing the Department approved plan and any other information deemed necessary by the Public Utilities Commission to evaluate the water supply management program.
(d) The Commission must find in writing that implementation of the water supply management plan is sufficient to achieve the objectives of these regulations prior to approving any such request or application.
(e) The Commission shall, however, approve proposed rates and charges that it finds are necessary and reasonable for the preparation and maintenance of water supply management plans without making the evaluation and findings required by this section.
SECTION 14.00 APPEAL PROCEDURE
14.01 Filing of Appeal: All appeals shall be in writing and shall be filed with and received by the Department's Administrative Adjudication Division within thirty (30) days of the notification of non-compliance.
14.02 Contents of Appeal: Every appeal shall contain:
(a) the water supplier's name and address, and the name of the chief executive officer, director or head of the agency; and
(b) a detailed basis upon which the appeal is taken.
14.03 Notice of Administrative Hearing: Upon the filing of an appeal with the Administrative Adjudication Division, and once the hearing schedule allows, the Administrative Adjudication Division shall notify the water supplier, by first class mail, of the date, time and place of the adjudicatory hearing, in conformance with Rhode Island General Laws Section 42-35-9, as amended.
14.04 Conduct of Hearing: The notice and conduct of the hearing by the Department of Environmental Management, Administrative Adjudication Division, shall comply in all respects with provisions of the Administrative Procedures Act, Rhode Island General Laws Chapter 42-35, and the Rules of Practice and Procedure for the Administrative Adjudication Division for Environmental Matters.
14.05 Burden of Proof and Standard for Review: At the adjudicatory hearing, the water supplier shall have the burden of proof to demonstrate by a fair preponderance of the evidence that:
(a) a literal enforcement of the regulations will result in unnecessary hardship; and
(b) the water supply management plan complies with the requirements of these regulations.
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